HomeMy WebLinkAboutMINUTES-07/03/2018-RegularJuly 3, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• CITIZEN PARTICIPATION
Peter Tippett, Tilted Halo Services, discussed his non-profit organization which leases homes and
rents subsidized rooms to provide affordable housing for community residents. He announced a
fundraiser on July 18 at Pour Brothers.
Teddy Cox thanked Councilmembers for their time, interest, and commitment to the city. She
discussed the benefits of the City's Sign Code and Historic Preservation efforts and.encouraged
Art in Public Places funding.
Kevin Cross, Fort Collins Sustainability Group, discussed the resolution presented to Council by
the Fort Collins Partners for Clean Energy (FCPE) that would establish a communitywide goal of
100% renewable electricity by 2030. He urged Council to direct staff to prepare a resolution using
the FCPE Resolution as a starting point. He discussed two studies suggesting the 2030 goal is
feasible; however, more study will be needed to determine the optimal path toward achieving that
goal.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Martinez commended Mr. Tippett's organization and encouraged Council to
attend the fundraiser event.
Mayor Pro Tem Horak requested staff address Mr. Cross' comments. Deputy City Manager
Mihelich replied staff will be meeting with the Fort Collins Sustainability Group on Thursday to
address their concerns. Staff. will examine their draft as a framework; however, staff is committed
to recommending a resolution that can be implemented rather than just be aspirational. Staff is
hoping to return in September with a recommendation.
Mayor Pro Tem Horak stated a resolution could include some of the assumptions that must be met
to attain the 2030 goal.
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• CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve
all items on the Consent Agenda.
RESULT:
CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT:
Overbeck
Second Reading of Ordinance No. 078, 2018, Appropriating Unanticipated Revenue in the
Capital Proiect Fund for the Poudre River Whitewater Park Project and Transferring
Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for
the Art in Public Places Program for the Poudre River Whitewater Park Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 19, 2018, appropriates $318,099 in
additional fundraising dollars secured for the Whitewater Park Project. The Whitewater Park Project
is scheduled to begin construction in summer 2018 and be completed in summer 2019.
2. Second Readina of Ordinance No. 079. 2018. Aoorooriatina Prior Year Reserves in the
Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the
Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the
Transportation Fund into the Capital Project Fund for the Suniga Road Improvements Proiect
and Transferring Appropriations from the Capital Project Fund to the Cultural Services and
Facilities Fund for the Art in Public Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 19, 2018, appropriates $1,477,370 of
Transportation Capital Expansion Fee (TCEF) Funds into the Capital Project Fund for the Suniga Road
Improvements Project. In addition, this item authorizes the transfer of $14,774, one percent of the
appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art
in Public Places. This project will construct Suniga Road to the City's four -lane arterial roadway
standards between North College Avenue and Blondel Street, as identified on the City's Master Street
Plan. Improvements include raised, protected bike lanes, pedestrian facilities, transit facilities, utility
infrastructure, roadway improvements, and landscaped medians and parkways. The project will
complement the existing section of Suniga Road, providing connectivity for surrounding developments
from North College Avenue to Redwood Street.
3. Second Reading of Ordinance No. 080, 2018, Appropriating Prior Year Reserves in the Parking
Fund for the Downtown Parking Sensor and Technology Project and Authorizing the Transfer
of Appropriations from the Parking Fund to the Cultural Services and Facilities for the Art in
Public Places Program. (Adopted)
4.
This Ordinance, unanimously adopted on First Reading on June 19, 2018, appropriates $359,917 of
additional funds from Parking Reserves into the capital project fund to complete the Downtown Parking
Sensor and Technology Project and appropriates 1 % of the project funds to Art in Public Places. The
Project includes installing sensors and new payment technology in the three downtown parking
structures and in approximately 3000 on -street parking spaces and 3 parking lots. This Project will
allow,Parking Services to collect occupancy and turnover rate data to improve management of
downtown parking.
Collins Police Services Combined Regional Information Systems Project. (Adopted)
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This Ordinance, unanimously adopted on First Reading on June 19, 2018, appropriates funds to
purchase a public safety software solution for the Combined Regional Information Systems Project
(CRISP). CRISP is a regional partnership with other Larimer County public safety agencies and
provides a reliable public safety software solution that allows regional agencies to share police and
fire data, manage incidents and provide for redundancy and continuity of operations. The current
system is scheduled for replacement. The City of Loveland is joining CRISP and with the addition of
Loveland and other project changes, staff is also requesting an additional appropriation of $1.98 million
with the understanding that all but $288K will be reimbursed from both CRISP partner and member
agencies.
5. Second Reading of Ordinance No. 082, 2018, Appropriating Unanticipated Grant Revenue From
Bloomberg Philanthropies in the Light and Power Fund for the Home Efficiency Loan
Program/On-Bill Financing Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 19, 2018, appropriates $100,000 in
grant revenues from Bloomberg Philanthropies, as part of the Bloomberg Mayor's Challenge, into the
Fort Collins Utilities Light and Power Enterprise fund to develop and capitalize the Utilities On -Bill
Financing program (OBF). The OBF provides utility bill serviced loans for energy efficiency capital
improvements, and the Bloomberg project within this program will focus on funding improvements to
advance efficiency in rental properties.
6. Items Relating to Amending City Code, Chapter 17 - Miscellaneous Offenses. (Adopted)
A. Second Reading of Ordinance No. 083, 2018, Amending Articles III, IV, VI, and VII of Chapter 17
of the Code of the City of Fort Collins Pertaining to Trespass, Theft, Littering, Criminal Mischief,
Resisting Arrest, Throwing of Missiles, and Disorderly Conduct.
B. Second Reading of Ordinance No. 084, 2018, Amending Article VII of Chapter 17 of the Code of
the City of Fort Collins Pertaining to Staying on Medians.
C. Second Reading of Ordinance No. 085, 2018, Amending Article VII of Chapter 17 of the Code of
the City of Fort Collins Pertaining to Panhandling.
Ordinance No. 083, 2018, amends certain Sections of Chapter 17 regarding trespass, theft, littering,
criminal mischief, resisting arrest, throwing of missiles, and disorderly conduct to be consistent with
state statutes. Ordinance No. 084, 2018, amends Section 17-122 to make that section more specific
to prohibit staying on medians in locations where safety issues arise given median width, traffic
volumes, and/or traffic speed. Ordinance No. 085, 2018, eliminates Section 17-127 in its entirety
pertaining to panhandling. These Ordinance were unanimously adopted on First Reading on June 19,
2018.
7. Items Relating to the Fire Protection Capital Expansion Fee. (Adopted)
A. First Reading of Ordinance No. 086, 2018, Amending Section 7.5-30 of the Code of the City of
Fort Collins Relating to the Adjustment of the Fire Protection Capital Expansion Fee.
B. First Reading of Ordinance No. 087, 2018, Appropriating Prior Year Reserves from the Fire
Protection Capital Expansion Fee Account Within the Capital Expansion Fee Fund to Reimburse
Building Permit Applicants for Overpayment of the Fire Protection Capital Expansion Fee.
The purpose of this item is to adjust the Fire Protection Capital Expansion Fee (Fire CEF) consistent
with correct calculations and to appropriate funds from the Fire CEF Account in the Capital Expansion
Fee Fund to reimburse fee payers for overpayments back to October 1, 2017. Consulting firm Duncan
Associates discovered there was a cell reference error in their formula used for the City's 2017 Capital
Expansion Fee Study. This error caused the Fire CEF to be overstated by 19%. The City Council
approved 75% of the proposed fee increases in the City's Capital Expansion Fees (CEFs), which went
into effect October 1, 2017. Due to the error in the Fire CEF calculation, the Fire CEF was set at 90%
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July 3, 2018
instead of 75% of the 2017 proposed fee level. The estimated total refund due.to fee payers is
approximately $130,000.
8. First Reading of Ordinance No. 088, 2018, Amending Section 2-31 of the Code of the City of
Fort Collins Concerning Executive Sessions Pertaining to Telecommunication Facilities and
Services. (Adopted)
The purpose of this item is to update City Code consistent with the November 7, 2017 voter -approved
Charter amendment providing for telecommunication facilities and services (broadband) as part of the
City's Electric Utility. The Charter amendment also authorized the Council and any board or
commission established under the Charter amendment to go into executive session to consider issues
of competition in providing telecommunication facilities and services. The proposed Ordinance
amends City Code Section 2-31 to permit executive sessions for such purposes.
9. Resolution 2018-068 Approving the 2018 Certification to the Larimer County Assessor
Pursuant to C.R.S. Section 31-25-807(3)(a)(W)(113) for the Downtown Development Authority
Property Tax Increment. (Adopted)
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions that are to be allocated for the Downtown Development Authority by the Assessor as tax
increment from the 2018 property taxes payable in 2019 to the City and to all other affected taxing
entities. I
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
1 -
Councilmember Cunniff commented on Item No. 8, First Reading of Ordinance No. 088, 2018,
Amending Section 2-31 of the Code of the City of Fort Collins Concerning Executive Sessions
Pertaining to Telecommunication Facilities and Services, noting the ballot item allows Council to
be a governing body as part of this utility rather than delegating completely to an independent
board.
Councilmember Martinez requested a brief explanation of Item No. 4, Second Reading of
Ordinance No. 081, 2018, Reappropriating Funds Previously Appropriated in 2017 but not
Expended and not Encumbered in 2017, Appropriating Prior Year Reserves in the General Fund
and Appropriating Unanticipated Revenue in the General Fund for the Fort Collins Police
Services Combined Regional Information Systems Project; No. 5, Second Reading of Ordinance
No. 082, 2018, Appropriating Unanticipated Grant Revenue From Bloomberg Philanthropies in
the Light and Power Fund for the Home Efficiency Loan Program/On-Bill Financing Program;
and No. 6, Items Relating to Amending City Code, Chapter 17-Miscellaneous Offenses.
Carol Workman, Acting Director of Police Informational Services, stated the Combined Regional
Information Systems Project (CRISP) is a regional project that allows a variety of agencies to share
in a computer -aided dispatch records management system and jail system. The system allows
officers and fire units in the field to see incoming calls for service, as well as share resources and
back up one another. She noted the City of Loveland,will be a new partner with CRISP.
Councilmember Martinez commended the CRISP effort as being a good example of regional
cooperation.
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Sean Carpenter, Economic Health Office, stated the Bloomberg Mayor's Challenge was a
$100,000 award received by the City as part of a national competition. Most of the award will be
used to capitalize an on -bill loan fund for cost-effective, energy -efficiency loans for'low to
moderate income households.
Councilmember Summers asked how the information about the energy -efficiency loans can be
accessed. Carpenter replied staff is working to roll out the information to the public and trade
partners will also be informed. He stated a public announcement is expected in the next two weeks.
Joe Olson, Traffic Operations Director, stated Item No. 6 regulates standing on medians in the
interest of public safety. Locations where this would apply have been identified based on traffic
volumes, speeds, and median widths.
Mayor Pro Tem Horak commented on Item No. 1, Second Reading of Ordinance No. 078, 2018,
Appropriating Unanticipated Revenue in the Capital Project Fund for the Poudre River
Whitewater Park Project and Transferring Appropriations from the Capital Project Fund to the
Cultural Services and Facilities Fund for the Art in Public Places Program for the Poudre River
Whitewater Park Project, and asked when citizens should expect to see construction begin.
Deputy City Manager Mihelich replied ground -breaking is expected at the end of August and the
construction is expected to last one year.
• STAFF REPORTS
FC Lean
City Manager Atteberry noted FC Lean is a specific investment made by Council in 'the City's
continuous improvement efforts for the 2017-2018 budget.
Lawrence Pollack, Budget Director, stated FC Lean was meant to start a continuous improvement
program with two main goals: training and running projects. He noted the consulting budget has
been reduced as training materials were produced in house.
Kirsten Silveira, Budget Department, stated FC Lean attempts to take a structured approach to
problem solving across the City government. The 5-year goals for the program are to have 50%
of employees trained in Lean Basics, 50% of managers and supervisors trained in the Lean
Managers course, and 5% of employees trained in the Lean Leaders course, which is a 3-month
boot camp style course with an applied project.
City Manager Atteberry stated the FC Lean program speaks to the concept of vision clarity,
aligning resources, and building systems that support.
Mayor Pro Tem Horak questioned why it takes so long to train employees. Silveira replied she is
currently the sole trainer and the Lean Basics course is provided once a month and the Lean
Managers course every two months. Pollack stated the results of the project work are more
important than training.
Mayor Pro Tem Horak stated 50% of employees being trained over 5 years is not a very aggressive
program and questioned its importance if this is the case. City Manager Attebery replied the 5-
year goal is somewhat aspirational given other training needs in the organization.
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North College Railroad Project.
Brad Buckman, Special Projects Engineer, stated the City's portion of funding the railroad crossing
on North College Avenue is $98,000. During the College Avenue closure, July 16-19, the railroad
crossing near Cherry will be replaced, the roadway will be milled and overlaid from Cherry to just
north of the Poudre River bridge, a dangerous cottonwood tree near the corner of Mulberry and
Mason will be removed, and signal work will be completed at the Cherry and College intersection.
Buckman detailed the public outreach and engagement efforts and detour routes.
Mayor Troxell asked about the truck bypass route. Joe Olson, Traffic Engineer, replied the goal
for through trucks is to keep them on I-25 up to Cheyenne; however, there is a chance some will
take Owl Canyon.
Councilmember Cunniff asked if signal timing will be adjusted in advance for the detour routes.
Olson replied in the affirmative but noted it is difficult to adjust perfectly to the volume.
Councilmember Cunniff asked if signage will be provided for affected businesses. Buckman
replied vehicle access will be open for those businesses and signage will indicate businesses are
open.
Mayor Pro Tem Horak asked how truck traffic on Shields, Taft Hill, and Overland will be
monitored. Olson replied Traffic Operations will monitor traffic and modify if necessary.
Councilmember Cunniff asked if there is an opportunity to partner with CDOT during the closure
to allow them to do some necessary construction. City Manager Atteberry replied staff will check
with CDOT.
Councilmember Cunniff asked if there are replacement plans for the cottonwood tree that is
planned to be removed. Buckman replied he would find out from the Forestry Department.
• COUNCILMEMBER REPORTS
Councilmember Martinez reported on a tour of the County voting facility and thanked Matt
Robenault, Downtown Development Authority Director, for helping him with a citizen.
Councilmember Cunniff reported on the opening of the Off the Hook Arts summer program.
Mayor Troxell reported on the Colorado Capital Conference and the Colorado Municipal League
conference.
Councilmember Martinez reported on the Ann Azari lounge dedication.
Councilmember Stephens reported on the Colorado Municipal League conference and her
participation in a panel discussing the Climate Action Plan. She also reported on the National
League of Cities conference.
Mayor Pro Tem Horak reported on the public outreach event for the new park near the Streets
facility. He also reported on the Poudre Fire Authority Board meeting.
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Councilmember Summers reported on an Oakridge HOA meeting dealing with a water usage issue.
He commended the City staff for being available and concerned.
• DISCUSSION ITEMS
10. Items Relating to Consideration of the Century Wireless Telecommunications Facility Addition
of Permitted Use Request. (Ordinance No. 089, 2018, Adopted as Amended on First Reading)
A. Public Hearing and First Reading of Ordinance No. 089, 2018, Approving the Addition of Permitted
Use Associated with the Century Wireless Telecommunications Facility and Addition of Permitted
Use Project Development Plan #170017.
'MR;
B. Public Hearing and First Reading of Ordinance No. 090, 2018, Denying the Addition of Permitted
Use Associated with the Century Wireless Telecommunications Facility and Addition of Permitted
Use Project Development Plan #170017.
The purpose of this item is to decide whether to approve, approve with conditions, or deny the Century
Wireless Telecommunications Addition of Permitted Use request (APU) being made in conjunction
with PDP170017. The APU would allow the addition of wireless telecommunication facilities as a
permitted use on a parcel of land located in the Low Density Residential (RL) zone district. Wireless
telecommunication facilities are'not a permitted use in the RL. PDP170017 proposes a 55-foot tall
wireless telecommunications facility disguised as a bell tower at 620 West Horsetooth Road.
J
Mayor Troxell discussed the Addition of a Permitted Use (APU) process.
City Attorney Daggett detailed Council's role in this item and noted this is not an appeal of the
Planning and Zoning Board recommendation. Council will make the final determination regarding
the requested APU and, after that decision, the Planning and Zoning Board will hold a separate
public hearing and make a final decision on the project development plan.
Mayor Troxell outlined the time allotments for each segment of the hearing
Clay Frickey, City Planner, stated the applicant is requesting to construct a 55-foot tall wireless
telecommunications facility, designed as a bell tower, at 620 West Horsetooth. The site is located
in the low -density residential district which does not allow wireless telecommunications facilities.
He discussed the APU process and stated the project must meet eight criteria in order to be
recommended for approval: the use must be appropriate in the zone district to which it is added,
the use conforms to the basic characteristics of the underlying zone district, the location, size, and
design of the use is compatible with other uses of nearby properties and the proposal minimizes
any negative impacts on those properties, the use must not create any more offensive noise,
vibration, dust, glare, or other nuisances, the use must not change the predominate character of the
surrounding area, .the use must be compatible with the other listed permitted uses in the zone
district, two neighborhood meetings must occur, and the use shall not be a medical marijuana
business.
Frickey detailed the eight criteria and the ways in which this application meets them. The Planning
and Zoning Board recommended approval of this project, with the condition of lowering the bell
tower height to 45 feet.
Ken Bradtke, Atlas Tower Director of Operations, stated Atlas Tower owns, operates, and
maintains communications towers and facilities and leases space to carriers on those towers. He
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July 3, 2018
noted Atlas will attempt to co -locate another user on this tower after its approval. The
Telecommunications Act states the regulation of the placement and construction of
communications tower facilities by any local government shall not have the effect of prohibiting
the provision of personal wireless service. He discussed the coverage and capacity issues around
the proposed tower and stated no other suitable location in the area has been found and there is a
need for additional coverage for emergency reasons. Bradtke discussed the site selection process
and showed photo simulations and drawings of the bell tower structure. He noted the discrepancy
between the zoning drawings and photo simulations brought up during the Planning and Zoning
Board hearing has been corrected. Bradtke discussed the need for the 55-foot height, noting it is
necessary for the best coverage and co -location options. There is a negligible aesthetic difference
between a 45 and 55-foot tower from a pedestrian level and an ornamental bell tower could be
administratively approved at a height of 100 feet.
Mike Moses stated he lives about a half -mile from the proposed structure and has no cell signal at
his house. He encouraged Council to approve the tower at its full height.
Bradtke stated a 55-foot tower would limit the need for future towers in the area and provide the
best service.
Councilmember Martinez asked if Police Services officers are having trouble getting data in the
area. City Manager Atteberry replied in the affirmative.
Councilmember Martinez asked how officers compensate for that issue. Tyler Mart, City
Manager's Office, replied officers struggle to compensate for it and use other technology such as
radios instead of their laptops. Greg Yeager, Police Services Deputy Chief, stated the laptops
provide other functionality such as active maps and real time call data. Using a single radio
channel does cause some issues; however, he does not have any hard data regarding this affecting
response times.
Councilmember Cunniff noted the Planning and Zoning Board is recommending a 45-foot height
based on aesthetics and compatibility with the surrounding area. He asked if the applicant has an
estimate of how the coverage changes between a 45 and 55-foot tower. Bradtke replied they do
not have exact plots; however, Verizon said 55 feet was the height they needed prior to significant
degradation occurring. ,
Mayor Troxell noted Council must determine whether the requested telecommunications facility
on this specific parcel in the RL zone district meets the standards set by the Land Use Code.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance
No. 089, 2017, on First Reading.
Mayor Pro Tern Horak supported allowing the tower at its full height. He stated the Planning and
Zoning Board did not make the reason for its recommended height decrease abundantly clear. The
towers need to be strategically located in the community not only to provide service to citizens,
but to provide for their safety.
Councilmember Stephens stated she would support the motion as cell phone coverage in the area
is a large concern. She supported allowing the full height as that would broaden the tower's use.
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July 3, 2018
Councilmember Martinez stated he would support the motion particularly, given its impact on
community safety.
Councilmember Cunniff stated he does not have a specific opinion on the height; however, he
expressed concern about the bulk of the proposed structure. He stated he would support the motion
on First Reading but asked if the applicant could consider using different materials to decrease the
apparent bulk of the top of the tower prior to Second Reading.
Councilmember Summers supported allowing the tower at its full height.
Mayor Troxell supported allowing the tower at its full height and commended staff for their
comparative work.
City Attorney Daggett suggested eliminating the Ordinance language related to conditions. Mayor
Pro Tem Horak and Councilmember Stephens accepted that change as part of their motion.
The vote on the motion was as follows: Yeas: Martinez, Troxell, Cunniff, Stephens, Summers and
Horak. Nays: none.
RESULT: ORDINANCE NO. 089, 2018 ADOPTED ON AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT: Overbeck
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
11. Items Relating to Planned Unit Development (PUD) Regulations. (Adopted on First Reading)
A. First Reading of Ordinance No. 091, 2018, Amending Articles 1, 2, 4, and 5 of the Land Use Code
Regarding Planned Unit Development Overlay Regulations.
8. First Reading of Ordinance No. 092, 2018, Making Policy Revisions to the Larimer County Urban
Area Street Standards.
The purpose of this item is to create an optional Planned Unit Development (PUD) process and
regulations within the Land Use Code applicable to parcels,50 acres orgreaterin size being developed
in multiple phases. Under the Ordinance, a PUD overlay designation would be applied to the City's
zoning map at the time a PUD Master Plan is approved. The PUD Master Plan provides an overall
vision for the long-term development, including the project phasing, and the elements for which the
applicant has requested entitlement to long-term vested rights of the uses, densities, modifications to
land use design standards, and variances to engineering 'standards. Each development phase is
subject to the Project Development Plan (PDP) process.
Tom Leeson, Community Development and Neighborhood Services Director, stated this item
would add a Planned Unit Development (PUD) process to the Land Use Code. The language has
been written collaboratively with the City Attorney's Office, outside counsel, the development
community, and the Planning and Zoning Board.
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Cameron Gloss, Planning Director, stated this item would be an optional process to the Land Use
Code which provides an applicant the opportunity to provide public benefit that would otherwise
not be achieved through the Land Use Code, in exchange for some flexibility with regard to the
use of land and design standards. Some of the public benefits include diversification of land use,
innovation and land development, higher energy and water efficiency, and compatibility with
surrounding neighborhoods.
Gloss stated the PUD process would typically be considered for larger projects developed in
multiple phases, perhaps over several years, where flexibility in land use is desired. The
underlying zoning would be retained, and an PUD Master Plan would become the governing
document. The overlay zone allows the applicant the vesting of rights for land use and intensity
and each phase of the development would go through a project development plan. The present
proposal is for a 50-acre minimum threshold, 24 of which exist within the city limits. Parcels of
640 acres or larger would be considered a legislative review and would come before Council for
consideration of a PUD Master Plan. Parcels of a lesser size would go through the Planning and
Zoning Board.
Gloss stated the public process allows input during at least two meetings for the Master Plan
process and at least one meeting for each project development plan.
Councilmember Cunniff expressed concern this process has been put through in a much quicker
fashion than would normally occur due to the imminence of the Montava development. Moving
so quickly with policy -related changes to benefit a specific project might create the impression the
City or Council are favorable toward that project.
Councilmember Cunniff asked why Ordinance No. 092, 2018 is needed and asked why the
language is not specific to the PUD. Brad Yatabe, Assistant City Attorney, replied the variance
procedure addressed in Ordinance No. 092, 2018 is part of the Larimer'County Urban Area Street
Standards. The variance procedure, as written, addresses a couple specific processes; however, it
was not clear that the process related to the PUD would be included as part of that. A lot of the
flexibility built into the PUD process is to address potential variances to development standards
within and outside the Land Use Code. The PUD is set up to provide the overlay to allow for
future phasing and variances could be applied to a PDP or final plan.
Councilmember Cunniff asked why the word "significant" is omitted from the objectives in
Ordinance No. 091, 2018. Gloss replied that is something staff could consider changing prior to
Second Reading. He added the intent is these developments will be held to a higher standard.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance
No. 091, 2018, on First Reading.
Councilmember Cunniff stated he would support the motion as it is better to restrict this to larger
parcels while evaluating the impact of the overall policy to the rest of the city. He expressed
concern about giving the impression this is serving only the development community. City
Manager Atteberry stated that has not been the intent at all and stated staff will attempt to better
communicate the objectives.
Councilmember Martinez disagreed this process seems rushed.
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July 3, 2018
Mayor Troxell stated he would support the motion adding there is evidence in the community the
PUD process works.
RESULT:
ORDINANCE NO. 091, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ray Martinez, District 2
AYES:
Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT:
Overbeck
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance
No. 092, 2018, on First Reading.
Councilmember Cunniff requested additional information for the applicability of this beyond
PUDs prior to Second Reading.
RESULT:
ORDINANCE NO. 092, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ray Martinez, District 2
AYES:
Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT:
Overbeck
• OTHER BUSINESS
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adjourn to 6:00
PM, Tuesday, July 10, 2018, for the purpose of considering an ordinance appropriating funds for
a utility billing system and such other business as may come before the Council.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Kristin Stephens, District 4
AYES:
Martinez, Stephens, Summers, Troxell, Cunniff, Horak
ABSENT:
Overbeck
• ADJOURNMENT
The meeting adjourned at 8:38 PM.
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