HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/06/2000 - SECOND READING OF ORDINANCE NO. 60, 2000, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 11
DATE: June 6, 2000
FORT COLLINS CITY COUNCIL STAFF: Steve Roy
John Fischbach
SUBJECT:
Second Reading of Ordinance No. 60, 2000,Authorizing the Placement of Fill Material on Certain
Real Property Owned by the City Without Review of Such Activity as "Development" Within the
Meaning of the City's Land Use Code.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
Ordinance No. 60, 2000 was unanimously adopted on First Reading on May 16, 2000, authorizing
Lagunitas Landings, Inc. to place fill material on a four-acre parcel it is purchasing from the City.
AGENDA ITEM SUMMARY ITEM NUMBER: 18
DATE: May 16, 2000
FORT COLLINS CITY COUNCIL STAFF: Steve Roy
John Fischbach
SUBJECT:
First Reading of Ordinance No.60,2000,Authorizing the Placement of Fill Material on Certain Real
Property Owned by the City Without Review of Such Activity as "Development" Within the
Meaning of the City's Land Use Code.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading,
EXECUTIVE SUMMARY:
This Ordinance authorizes Lagunitas Landings,Inc.to place fill material on a four-acre parcel it is
purchasing from the City without the need for review of such activity under the City's Land Use
Code. Although the Land Use C, d"e ls,for rea ewe' 'A Rch acuity as"development,"the City
has authorized the placement trhe fiIl,o�t the ; co tion with its sale of the property
to Lagunitas, and City staffhav' determined the the ill mate ` and the activity involved will not
be injurious to adjacent property owhers ordetn 1 from*=hatural resources standpoint.
BACKGROUND:
In 1996 the City Council authorized the sale of a four-acre parcel of property that it had acquired
through foreclosure of a special assessment lien to Lagunitas Landings,Inc. The property is located
near Boardwalk Drive and Landings Drive. Shortly thereafter the City entered into a Purchase and
Sale Agreement with Lagunitas, and Lagunitas has been granted several extensions of the closing
date under that Agreement whi "`t sJks, pp' _a ue�me_ of the property. In January of
this year the City entered int( a sepaF, a ag t iith itas under which it permitted
Lagunitas to transport and spr _d fill ion thy.. r;, erty subj`'; t to certain terms and conditions,
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including the inspection of the fit rtiateridi wen is suit '` ' for construction purposes and
make certain that it did not contain any hazardous materials.
Pursuant to the agreement,Lagunitas began hauling fill dirt to the property. City staff noted that the
fill dirt was being hauled prior to any review by the Planning and Zoning Board under the City's
Land Use Code. Such review is necessary because the Land Use Code states,in Section 5.1.2,that
the deposit of refuse, solid or liquid waste or fill on a parcel of land constitutes "development,"
which subjects such activity to the development review procedures established in the Land Use
Code. For that reason, City staff required Lagunitas to cease hauling the material to the property.
Lagunitas contends that it is entitled to deposit the fill material on the property under the authority
of its agreement with the City, notwithstanding the provisions of the Land Use Code. City staff
takes a contrary position and contends that its permission as property owner to deposit the fill
DATE: May 16, 2000 2 ITEM NUMBER:
material did not relieve Lagunitas of the obligation to comply with all relevant laws pertaining to
such activity. Lagunitas further contends that it will incur substantial additional expenses if it is
required to haul the fill dirt to a different site outside the City and then transport it to the property
after it has obtained development approval.
In order to amicably resolve this dispute,the City Manager entered into an Addendum to the Fill Dirt
Agreement which permits Lagunitas to continue to haul fill dirt to the site so long as certain
conditions are met, pending Council's consideration of this Ordinance. Lagunitas must obtain all
other permits and approvals required by law, maintain adequate erosion control measures to the
satisfaction of the City,adequately safeguard and avoid harm to the existing fox den on the property
to the satisfaction of the City's Director of Nahiral R86urces,and satisfy all requirements of the Fill
Dirt Agreement. If the City Council approves thi ,Ord nance,Lagunitas will continue to deposit and
spread the fill material on the property with the understandinj that the material will become the
property of the City if Lagunitas fails to close on its'purchase of'the property. If the Council does
not approve the Ordinance, Lagunitas will no longer place any additional fill dirt on the property
unless and until Lagunitas has obtained approval of a final development plan under the provisions
of the Land Use Code;however,Lagunitas will still be able to pursue any legal or equitable remedies
that may be available to it under the Fill Dirt Agreement.
City staff believes that all appropriate measures have been undertaken by Lagunitas to ensure that
the deposit of the fill dirt on the property is not injurious to the neighborhood or to wildlife or other
natural resources on the prop e : T-1 ref re;sta s adoption of the Ordinance.
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