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HomeMy WebLinkAboutMINUTES-01/05/1999-RegularJanuary 5,1999 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, January 5, 1999, 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: Azari, Byrne, Kneeland, Mason, Smith and Wanner. Councilmembers Absent: Bertschy. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation RobertPhillips, 2 Windjammer Cove, spoke regarding the northeast bypass and truck route concerns. Cheryl Kennedy, Larimer County Search and Rescue, expressed concerns regarding training of search and rescue dogs. Brian McGrew,1908 Adriel Court, stated that he had concerns about the Wal-Mart decision. Mayor Azari noted that Council's findings resolution is scheduled on this agenda. Dave Bigelow, Latimer County Search and Rescue, spoke regarding dog training site concerns. Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the City's economic policy and urged Council to spend time on environmental issues rather than economic subsidies for growth. Citizen Participation Follow-up Councilmember Mason requested a staff summary and a two -page memo regarding the search and rescue dog issue. City Manager Fischbach stated that the natural areas planning guidelines are to be scheduled for Council discussion in late January or early February, and that staff will prepare a memo on the issue. Councilmember Kneeland suggested Council Health and Safety Committee discussion of the search and rescue dog issue prior to Council consideration. Councilmember Byrne noted that discussion of truck route issues is scheduled for the January 26 Study Session. January 5, 1999 Councilmember Byrne spoke regarding population growth estimates and the implementation of City Plan. Councilmember Smith spoke regarding truck bypass options and goals. Councilmember Kneeland spoke regarding the need for a balance between economic and environmental issues. Agenda Review City Manager Fischbach stated that there is a revised Agenda Item Summary for item #16 First Reading of Ordinance No. 1, 1999, Appropriating Unanticipated Revenue in the General Fund for Facade Restorations of 210-218 Walnut Street and 251 Linden Street. City Manager Fischbach stated that item #23 Resolution 99-3 Approving an Exemption to the Use of a Competitive Process for Facade Restorations of 210-218 Walnut Street and 251 Linden Street is being withdrawn from the agenda until January 19, 1999. City Attorney Roy stated that Resolution 99-5 and Resolution 99-6 relating to the Mulberry-Lemay Crossing Preliminary P.U.D. are intended to formalize and finalize Council's decisions with regard to the appeal and special review and are not a continuation of the appeal hearing. Councilmember Smith withdrew item #20Items Relating to the Lemay Avenue 3rd Annexation and Zoning from the Consent Calendar. CONSENT CALENDAR Second Reading of Ordinance No. 233, 1998 Adding a New Division 2 to Article V of Chanter 2 of the City Code Relating to Councilmember Compensation Ordinance No. 233, 1998, which was unanimously adopted on First Reading on December 15, 1998, amends the City Code by adding a new Division 2 to Article V of Chapter setting the 1999 compensation of Councilmembers at $515 and the compensation of the Mayor at $770. 8. Second Reading of Ordinance No. 234 1998 Amending the City Code Pertainingto o the Procedure for Hearing Appeals to the City Council Ordinance No. 234, 1998 was unanimously adopted on First Reading on December 15, 1998 and amends the Appeals Procedure by repealing the prohibition against actions being taken until all appeal rights are exhausted and replacing that prohibition with a statement that such January S, 1999 actions are permissible but, if taken, shall be totally at the risk of the person taking the action. The Ordinance also reconciles conflicting provisions regarding the time period in which an appellant may file an amended notice of appeal and adjusts other time -sensitive provisions accordingly. Items Relating to the Arapaho Bend 1st Annexation. A. Second Reading of Ordinance No. 236, 1998, Annexing Property Known as the Arapaho Bend 1 st Annexation. B. Second Reading of Ordinance No. 237, 1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property included in the Arapaho Bend 1 st Annexation. On December 15, 1998, Council unanimously adopted Resolution 98-163 Setting Forth Findings of Fact and Determinations Regarding the Arapaho Bend 1st Annexation. On December 15, 1998, Council also unanimously adopted Ordinance No. 236, 1998 and Ordinance 237,1998, which annex and zone approximately 41 acres. The property is located north of East Harmony Road, south of East Horsetooth Road, west of County Road 7 and east of County Road 9. The site is currently zoned Larimer County FAl-Fanning, and the proposed zone district is POL-Public Open Lands. APPLICANT: City of Fort Collins OWNERS: City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522-0580 Larimer County (roads only) County Board of Commissioners P.O. Box 1190 Fort Collins, Colorado 80522-1190 10. Items Relating to the Arapaho Bend 2nd Annexation A. Second Reading of Ordinance No. 238, 1998, Annexing Property Known as the Arapaho Bend 2nd Annexation. B. Second Reading of Ordinance No. 239,1998, Amending the Zoning Map ofthe City of Fort Collins and Classifying for Zoning Purposes the Property included in the Arapaho Bend 2nd Annexation. January 5, 1999 On December 15, 1998, Council unanimously adopted Resolution 98-164 Setting Forth Findings of Fact and Determinations Regarding the Arapaho Bend 2nd Annexation. On December 15, 1998, Council also unanimously adopted Ordinance No. 238, 1998 and Ordinance 239, 1998, which annex and zone approximately 215 acres. The property is located north of East Harmony Road, south of East Horsetooth Road, west of I-25 and east of County Road 9. The site is currently zoned Larimer County C-Commercial and I - Industrial, and the proposed zone district is POL-Public Open Lands. APPLICANT: City of Fort Collins OWNERS: City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522-0580 Latimer County (roads only) County Board of Commissioners P.O. Box 1190 Fort Collins, Colorado 80522-1190 11. Items Relating to the Cottonwood Hollow Annexation. A. Second Reading of Ordinance No. 240, 1998, Annexing Property Known as the Cottonwood Hollow Annexation. B. Second Reading of Ordinance No. 241, 1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property included in the Cottonwood Hollow Annexation. On December 15, 1998, Council unanimously adopted Resolution 98-165 Setting Forth Findings of Fact and Determinations Regarding the Cottonwood Hollow Annexation. On December 15, 1998 Council also unanimously adopted Ordinance No. 240, 1998 and Ordinance No. 241, 1998, which annex and zone approximately 93.3 acre in size, located on the south side of East Prospect Road, north of East Drake Road, west of Interstate 25 and east of Sharp Point Drive. The site consists of two parcels which are vacant. The recommended zoning is POL, Public Open Lands. APPLICANT: City of Fort Collins 4 January 5, 1999 OWNERS: City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 Larimer County (roads only) Board of County Commissioners P.O. Box 1190 Fort Collins, Colorado 80522-1190 12. Items Relating to the Pineridge 3rd Annexation A. Second Reading of Ordinance No. 242, 1998, Annexing Property Known as the Pineridge 3rd Annexation. B. Second Reading of Ordinance No. 243,1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property included in the Pineridge 3rd Annexation. On December 15, 1998, Council unanimously adopted Resolution 98-166 Setting Forth Findings of Fact and Determinations Regarding the Pineridge 3rd Annexation. On December 15, 1998, Council also unanimously adopted Ordinance No. 242, 1998 and Ordinance No. 243, 1998, which annex and zone approximately 102 acres located on the west side of South Overland Trail and south of County Road 42C. The recommended zoning is POL, Public Open Lands. APPLICANT: City of Fort Collins OWNERS: City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522-0580 Platte River Power Authority 2000 East Horsetooth Road Fort Collins, Colorado 80525-5721 13. Second Reading of Ordinance No 244 1998 Amending the Zoning Man of the Cit of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Spring Creek Farm Rezoning. This property was annexed into the City ofFort Collins as part of the Timberline Annexation on November 4, 1997. The applicant, Jim Sell Design, on behalf of Spring Creek Farms, January 5, 1999 LLC, filed a rezone petition with the City on October 9, 1998. Ordinance No. 245, 1998, which was unanimously adopted on First Reading on December 15, 1998, approves the applicants request for rezoning from T-Transitional to NC- Neighborhood Commercial, MMN-Medium Density Mixed Use Neighborhood and LMN-Low Density Mixed Use Neighborhood. APPLICANT: Jim Sell Design, Inc. 153 West Mountain Avenue Fort Collins, CO 80525 OWNER: Spring Creek Farms, LLC 3432 Carlton Avenue Fort Collins, CO 80525 14. Second Reading of Ordinance No. 245, 1998, Authorizing the Grant of a Non-exclusive Easement to Larimer County for the Relocation of a Drainage Channel. Ordinance No. 245, 1998, was unanimously adopted on First Reading December 15, 1998 and authorizes the City of Fort Collins Utilities to grant a non-exclusive easement to Larimer County to accommodate the relocation of the drainage channel that runs through the Water Treatment Facility located on LaPorte Avenue. 15. Second Reading of Ordinance No. 246, 1998, Authorizing the Grant of a Non-exclusive Easement to Platte River Power Authority for the Relocation of a Water Line. Ordinance No. 246, 1998, was unanimously adopted on First Reading on December 15, 1998, and authorizes the City of Fort Collins Utilities to grant a non-exclusive easement to Platte River Power Authority to accommodate the relocation of the raw water line that runs through the Water Treatment Facility located on LaPorte Avenue. PRPA will be concurrently vacating the existing easement. T January S, 1999 16. First Reading of Ordinance No. 1, 1999 Appropriating Unanticipated Revenue in the General Fund for Facade Restorations of 210-218 Walnut Street and 251 Linden Street This is a request to appropriate unanticipated revenue in the amount of $296,700 for the restorations of 210-218 Walnut Street (Silver Grill Buildings) and 251 Linden Street (north half of the Robertson/Haynes Block) in the Old Town Fort Collins Historic District. The City of Fort Collins was awarded a State Historical Fund grant in 1998 by the Colorado Historical Society. The purpose of the grant is to restore the streetfront facades and structurally stabilize the historic Silver Grill buildings and north half of the Robertson/Haynes Block in Fort Collins. State Historical Fund grants are available to private entities if a public entity will be the applicant for their project. This project will have a significant impact on the historical character and economic viability of the "Old Town Fort Collins Historic District." Therefore, the City agreed to be the applicant, and the building owners, John Amolfo (210- 218 Walnut) and Mr. and Mrs. Douglas Gennetten (251 Linden), were the co -applicants. 17. First Reading of Ordinance No. 2, 1999 Appropriating Prior Year Reserves in the Street Oversizing Fund and Authorizing the Transfer of Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the Drake Road Improvement Project Arterial street improvements are planned for Drake Road from Shields Street to Research Boulevard. These improvements include planted medians, detached sidewalks, bike lanes, right turn lanes, storm sewer improvements, and roadway and traffic signal improvements at two intersections. The project is predominantly funded by the Street Oversizing Program, but includes a Development portion contributed in the form of a Contribution in Aid, as a well as Pavement Management Program portion. Staffis requesting funds to be appropriated from the Street Oversizing Fund prior year reserves and authorized for transfer, along with existing appropriations, to the Capital Projects Fund for the purpose of starting these arterial road improvements in the spring of 1999. Staff believes this project needs to start in the Spring in order to avoid severe traffic delays and congestion in the area. Also, arterial improvements on Drake Road from Shields Street to Research Boulevard are also necessary in 1999 to keep construction impacts on City residents to a minimum. 18. First Reading of Ordinance No. 3, 1999 Appropriating Unanticipated Revenue in the General Fund for the Police Services Victim Services Team. The Fort Collins Police Services Victim Services Team has been awarded a one-year grant for the period of January 1 to December 31, 1999 by the Eighth Judicial Victims and Law Enforcement (V.A.L.E.) Board to help fund additional growth for this team. A previous V.A.L.E. grant in the same amount was received for calendar year 1998. 7 January S, 1999 The Victim Services Team provides crisis intervention, resource and referral services to victims of violent crime, as well as in other traumatic situations. Information must be provided to victims under Colorado State Statutes. The Victim Services Team currently utilizes a staff of one paid Victim Services Coordinator, and a team of 16-25 volunteer advocates. Because of the growth of the program and the need to ensure consistent and quality services to the citizens of Fort Collins, the addition of a part-time paid victim advocate is needed. 19. First Reading of Ordinance No. 4 1999 Appropriating Unanticipated Revenue in the Flood Mitigation Fund - Project Impact Grant. The City has received approval from the Federal Emergency Management Agency (FEMA) for a grant funded under the Omnibus Consolidated Appropriations Act of 1997 which authorized the Disaster Resistant Community Initiative. The City's Office of Emergency Management, Utilities, and the Poudre Fire Authoritywill be involved in the implementation of the Initiative in Fort Collins. The Fort Collins area is subject to potential riverine flooding, flash flooding, sheet flooding, hail, severe summer and winter storms, gale force winds, tornadoes, urban wildland fires, and dam breaks. The heavy rainfall that caused the Flood of 1997 resulted in 5 deaths, 160 injuries, and over $500 million in losses to individuals, businesses, and institutions. The loss of life and property impacted the whole community. 20. Items Relating to the Lemay Avenue 3rd Annexation and Zoning. A. Resolution 99-1 Setting Forth Findings of Fact and Determinations Regarding the Lemay Avenue 3rd Annexation. B. First Reading of Ordinance No. 5, 1999, Annexing Property Known as the Lemay Avenue 3rd Annexation to The City of Fort Collins, Colorado. C. Resolution 99-2 Amending the City Structure Plan Map. D. First Reading of Ordinance No. 6, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lemay Avenue 3rd Annexation. This is an involuntary annexation and zoning of an enclave approximately 2.00 acres in size, located on the east side of North Lemay Avenue, between East Lincoln Avenue and East Vine Drive. The property is currently vacant. The proposed zoning for this annexation is LMN — Low Density Mixed Use Neighborhood. The property being considered for January 5, 1999 annexation has, for a period of not less than three (3) years, been completely surrounded by property contained within the boundaries of the City of Fort Collins. APPLICANT: City of Fort Collins OWNER: Norman L. Royval 3739 North County Road 13 Fort Collins, CO 80524 21. First Reading of Ordinance No. 7, 1999. Authorizing the Conveyance of 645 Square Feet of Land to Doyle Duin, to Correct An Erroneous Conveyance to the City as Part of its Timberline Road and Dry Creek Channel Right -of -Way. hi May, 1998, the City acquired a portion of Doyle Duin's property for the construction of the Dry Creek Channel and the Timberline Road Extension. Recently an error was discovered in the legal description for the property acquired. The original legal description resulted in the City taking land located under Mr. Duin's commercial building. The revised legal description corrects the error and moves the property line out from under the building and reserves a permanent access easement to the storm drainage channel. 22. First Reading of Ordinance No. 8. 1999, Amending Section 2-93 of the City Code to Add a New Function of the Air Quality Advisory Board Members of the Air Quality Advisory Board discussed the addition of anew provision to the existing list of functions of the Board, as set forth in the City Code, at the Board's October 28, 1998 retreat. 23. Resolution 99-3 Approving an Exemption to the Use of a Competitive Process for Facade Restorations of 210-218 Walnut Street and 251 Linden Street This request is for an exemption to the competitive process for University Designers and Builders and A-E Design Associates, P.C., as the contractors for the restorations of 210-218 Walnut Street (Silver Grill Buildings) and 251 Linden Street (north half of the Robertson/Haynes Block) in the Old Town Fort Collins Historic District. The City of Fort Collins has been awarded a State Historical Fund grant in 1998 by the Colorado Historical Society. The purpose of the grant is to restore the street front facades and structurally stabilize the historic Silver Grill Buildings and north half of the Robertson/Haynes Block in Fort Collins. January 5, 1999 24. Resolution 99-4 Stating the City's Intent to Not Act as a Reviewing Entity for the Colorado Historic Preservation Income Tax Credit for Qualifying Historic Rehabilitation Projects for 1999. As a Certified Local Government, Fort Collins has the opportunity each year to choose to be a reviewing entity for the Colorado Historic Preservation Income Tax Credit during the next calendar year. The City Council must adopt a resolution stating whether or not it intends to take on this responsibility each year. Fort Collins became a Certified Local Government in 1991 when the Colorado Income Tax Credit was instituted, but didn't take on the reviewing entity function for this program until 1995. For the next three years, the Landmark Preservation Commission (LPC) was the reviewing entity and performed design review on qualifying historic rehabilitation projects for the Colorado Income Tax Credit. In 1998, the LPC elected to not be the reviewing entity for that year. 25. Routine Deed. A. Deed of Dedication from Bartran and Company for stormwater purposes, Tracts "E" and "F", English Ranch 4th filing. Monetary consideration: $0. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 233, 1998, Adding a New Division 2 to Article V of Chanter 2 of the City Code Relating to Councilmember Compensation 8. Second Reading of Ordinance No 234 1998 Amending the City Code Pertainingto o the Procedure for Hearing Anneals to the City Council 9. Items Relating to the Arapaho Bend 1st Annexation A. Second Reading of Ordinance No. 236, 1998, Annexing Property Known as the Arapaho Bend 1 st Annexation. B. Second Reading of Ordinance No. 237, 1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property included in the Arapaho Bend 1st Annexation. 10. Items Relating to the Arapaho Bend 2nd Annexation A. Second Reading of Ordinance No. 238, 1998, Annexing Property Known as the Arapaho Bend 2nd Annexation. 10 January 5, 1999 B. Second Reading of Ordinance No. 239,1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property included in the Arapaho Bend 2nd Annexation. 11. Items Relating to the Cottonwood Hollow Annexation A. Second Reading of Ordinance No. 240, 1998, Annexing Property Known as the Cottonwood Hollow Annexation. B. Second Reading of Ordinance No. 241, 1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property included in the Cottonwood Hollow Annexation. 12. Items Relating to the Pineridge 3rd Annexation. A. Second Reading of Ordinance No. 242, 1998, Annexing Property Known as the Pineridge 3rd Annexation. B. Second Reading of Ordinance No. 243, 1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property included in the Pineridge 3rd Annexation. 13. Second Reading of Ordinance No. 244, 1998, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification forthat Certain Property Known as the Spring Creek Farm Rezoning. 14. Second Reading of Ordinance No. 245, 1998, Authorizing the Grant of a Non-exclusive Easement to Larimer County for the Relocation of a Drainage Channel 15. Second Reading of Ordinance No 246, 1998 Authorizing the Grant of a Non-exclusive Easement to Platte River Power Authority for the Relocation of a Water Line 29. Second Reading of Ordinance No. 247. 1998 Amending the Zoning Man of the City of Fort Collins and Classifying for Zoning Purposes that Certain Property Known as the Rigden Farm Zoning. Items on First Reading were read by title by City Clerk Wanda Krajicek. 16. First Reading of Ordinance No. 1, 1999 Appropriating Unanticipated Revenue in the General Fund for Facade Restorations of 210-218 Walnut Street and 251 Linden Street 11 January 5, 1999 17. First Reading of Ordinance No. 2, 1999 Appropriating Prior Year Reserves in the Street Oversizing Fund and Authorizing the Transfer of Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the Drake Road Improvement Project 18. First Reading of Ordinance No. 3, 1999 Appropriating Unanticipated Revenue in the General Fund for the Police Services Victim Services Team 19. First Reading of Ordinance No. 4 1999 Appropriating Unanticipated Revenue in the Flood Mitigation Fund - Project Impact Grant. 20. Items Relating to the Lemay Avenue 3rd Annexation and Zoning A. First Reading of Ordinance No. 5, 1999, Annexing Property Known as the Lemay Avenue 3rd Annexation to The City of Fort Collins, Colorado. B. First Reading of Ordinance No. 6, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lemay Avenue 3rd Annexation. 21. First Reading of Ordinance No. 7. 1999, Authorizing the Conveyance of 645 Square Feet of Land to Doyle Duin, to Correct An Erroneous Conveyance to the City as Part of its Timberline Road and Dry Creek Channel Right -of -Way. 22. First Reading of Ordinance No. 8, 1999, Amending Section 2-93 of the City Code to Add a New Function of the Air Ouality Advisory Board. 30. Public Hearing and First Reading of Ordinance No 9 1999 Amending Chanter 9 of the City Code and Adopting by Reference the 1997 Uniform Fire Code with Amendments Councilmember Mason made a motion, seconded by Councilmember Byrne, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. 12 January 5, 1999 Councilmember Reports Councilmember Kneeland reported on the Health and Safety Committee's discussions regarding the fire code and the School Resource Officer program. Councilmember Mason inquired about any discussion regarding the issue of having a student advocate present during any questioning by a School Resource Officer. Councilmember Kneeland reported that the Committee expressed an interest that everything be done to have a parent or guardian present during questioning. Ordinance No. 247,1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes that Certain Property The following is staff s memorandum on this item. "Executive Summary This property was annexed into the City of Fort Collins as part of the Rigden Farm Annexation on August 8, 1988. The applicant filed a request for a Structure Plan Amendment and rezone petition with the City on October 9, 1998. The applicant is requesting an initial zoning ofLAIN —Low Density Mixed Use Neighborhood and RC— River Corridor (as CSUproperty, there is no existing zoning). Ordinance No. 247, 1998, was adopted 6-1, on December 15, 1998. APPLICANT: The State Board of Agriculture of the State of Colorado on behalf of Colorado State University 202 Administration Building Colorado State University Fort Collins, CO 80523 OWNER: The State Board of Agriculture of the State of Colorado on behalf of Colorado State University 202 Administration Building Colorado State University Fort Collins, CO 80523" Bob Blanchard, Current Planning Director, described the site and surrounding area and noted that this is an application for a Structure Plan amendment and rezoning rather than review of a specific development proposal. He outlined the conditions recommended by the Planning and Zoning Board: (1) that the rezoning not be effective so long as title to the property is vested in the State Board of Agriculture; (2) that the area subject to the Structure Plan amendment would be limited to 232 dwelling units; and (3) that the River Corridor zoning district would extend south and taper. He stated for the record that prior to the Planning and Zoning Board meeting, the Natural Resources 13 January S, 1999 Advisory Board met and unanimously approved a motion to send a memo to the P&Z Board stating opposition to the proposed change. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 247, 1998 on Second Reading. Councilmember Byrne asked why the Planning and Zoning Board recommended the second condition limiting the number of dwelling units. Blanchard described the Board's discussions regarding the appropriateness of the Structure Plan amendment and development conditions. Councilmember Byrne asked about the Natural Resources Advisory Board recommendation in opposition. Blanchard stated that the NRAB expressed concerns that increases in density would create additional impacts to the natural areas and general concerns regarding any arbitrary changes to the Structure Plan. Councilmember Mason asked about the buffer between the edge of the floodplain and the floodway and changes in elevation on the property. Blanchard estimated the distance of the buffer area and described the topography of the site. Bill Neal, representing the applicant, expressed concerns regarding the unintended consequences of City Plan and the impact on smaller projects. He stated that this project will set the standard for City Plan projects. Councilmember Smith asked if the second condition would create an Urban Estates density. Blanchard stated the density would be slightly higher than Urban Estates, and the differences would be in how the development can occur. Councilmember Byrne asked about opportunities to look at the proposed development, noting that this is the first significant project to come through the process since the adoption of City Plan. Blanchard stated that the Council would see the proposed project plan only upon appeal. City Manager Fischbach stated that staff can Took at arranging some type of review forum but noted legal constraints because of the appeal process. Councilmember Smith stated that anyone can attend any of the public meetings regarding a development proposal. City Manager Fischbach stated that because of the interest in this project Councilmembers will be informed of the public meetings regarding this project. Councilmember Kneeland spoke regarding the issue of implementation of City Plan without excluding smaller projects and noted that the Growth Management Committee is discussing the matter. 14 January 5, 1999 Councilmember Mason requested that when there is a dissenting vote on a Planning and Zoning Board decision that minutes or a tape of that portion of the discussion be made available to the Council. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 9,1999, Amending Chapter 9 of the City Code and Adopting by Reference the 1997 Uniform Fire Code. with Amendments Adopted on First Reading The following is staff's memorandum on this item. "Executive Summary The City of Fort Collins has historically adopted the Uniform Fire Code (UFC) as a model code for the identification, correction and prevention of fire safety hazards. This model code is developed and published by the International Fire Code Institute (IFCI) on three-year cycles. Currently, the City is administering the 1991 Edition. Poudre Fire Authority, along with the Fort Collins Building Department and the Larimer County Building Department, agreed in 1994 to skip one code cycle adoption. The purpose of this agreement was an effort to provide the community access to congruent model code documents. The Uniform Building Code and the Uniform Fire Code are companion codes; it is paramount that the three government entities use congruent codes. Both building departments have recently adopted the 1997 Edition of the Uniform Building Code (UBC). PFA began the adoption process in January 1998 with an in-depth staff review of the 1997 UFC. After completion of this staff review, the PFA Board of Directors appointed a Community Code Review Committee (CCRC). A list of the CCRC members is attached. The objective of the CCRC was to review the applicability of the 1997 Edition as well as review all proposed amendments. The 1997 Edition contains significant revisions in format as compared to the 1991 Edition. PFA staff considers these revisions an improvement. Content of this Code has also been improved, allowing us to meet with ease one of our primary objectives - the elimination of as many amendments as possible. In fact, many of the 1991 amendments have now become part of published code language due to a strong and active Colorado Chapter ofIFCL.. Therefore, the total number Of amendments has been reduced by approximately 50%. 15 January 5, 1999 On December 7, the Poudre Valley Fire Protection District Board ofDirectors adopted this model code with all proposed amendments. The Fire Board of Appeals and the Health and Safety Committee have also reviewed the Code, and both have indicated their recommendation to Council for adoption. To date, there has been no opposition to the Code orproposed amendments. Our hats go off to the Community Code Review Committee for their outstanding work on the Fire Code. The 1997 Edition of the Uniform Fire Code is an excellent companion document to the 1997 UBC as adopted by the City of Fort Collins and Lorimer County. Staff believes this to be the best Code ever made available through the IFCI. " Kevin Wilson, Poudre Fire Authority, presented background information and gave a brief overview of the review process. Councilmember Kneeland made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 9, 1999 on First Reading. Councilmember Smith asked if any changes are needed to the structure of the Building Review Board to enable it to act when needed as the Fire Code Board of Appeals. Wilson stated that the City Code already contains a provision that enables the Building Review Board to act as the Fire Code Board of Appeals. Councilmember Byrne asked if this Code would apply only to building structures. Wilson stated that the Uniform Fire Code would apply to others matters as well, such as access to developments, and that the UFC works with the Building Code to ensure that the use of structures is safe after construction. Councilmember Byrne asked about the application of the UFC to transportation of hazardous materials. Wilson explained that transportation is regulated by other agencies and that the UFC would apply to storage and use of such hazardous materials. Claire McMillen, Best Western Kiva hm owner, spoke regarding problems experienced with the Fire Department during construction. Ed Neas, Code Task Force Member representing the insurance industry, spoke in support of the proposed Ordinance. Councilmember Byrne asked about the comments from the Best Western owner. Wilson stated that an appeals process exists to deal with such issues. Councilmember Kneeland thanked staff and committee members for their work. IN January 5, 1999 Councilmember Mason commented regarding the process and the broad cross section of input received. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Resolution 99-5 Making Findings of Fact Regarding Conducting a Special Review Hearing to Determine Whether the Mulberry-Lemay Crossing Preliminary P.U.D. Application was Properly Processed under the Land Development Guidance System. Pursuant to the Provisions of Ordinance No 161 1996 Adopted The following is staff s memorandum on this item. "Executive Summary On December 15, 1998, as a prelude to considering the appeal by the developer of the Planning and Zoning Board's decision to deny the Mulberry-Lemay Crossing Preliminary P. U.D., the City Council conducted a Special Review Hearing to determine whether the Preliminary P. U.D. was properly processed under the LDGS, pursuant to the provisions of Ordinance No. 161, 1996, rather than the recently enacted Land Use Code. At the conclusion of the hearing, by a unanimous vote, the Council determined that the Preliminary P. U.D. was complete when submitted and that it had been properly processed under the LDGS. The proposed resolution sets forth findings and confirms this action by the Council. Following the Special Review Hearing on December 15, 1998, Council then proceeded to hear the developer's appeal of the Planning and Zoning Board's denial. " Diane Jones, Deputy City Manager, presented background regarding the proposed Resolution. Councilmember Wanner made a motion, seconded by Councilmember Byrne, to adopt Resolution 99-5. The vote on the motion was as follows: Yeas: Councilmembers Azari. Bvme. Kneeland. Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. 17 January 5, 1999 Resolution 99-6 Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board Denial of Mulberry-Lemay Crossing Preliminary P U D Adopted The following is staff s memorandum on this item. "Executive Summary The Planning and Zoning Board's decision to deny the Mulberry-Lemay Crossing Preliminary P. U.D. was appealed by the applicant. The appeal was considered by Council on December 15, 1998. At the December 15, 1998 hearing on this matter, Council considered the testimony of City staff, the appellant, and other parties in interest. After discussion at this hearing, Council determined that the Board did not fail to properly interpret and apply the provisions of the City's Land Development Guidance System in denying the P. U.D. The Council specifically found that the Board did not err in deciding that the P. U.D. failed to satisfy all the applicable criteria of the L.D. G.S., particularly All Development Criterion A-2.1 (Vehicular, Pedestrian and Bicycle Transportation), All Development Criterion A-2.3 (Natural Features), and All Development Criterion A-2.6 (Pedestrian Circulation). " City Attorney Roy explained the purpose of the findings Resolution and stated that this is not a continuation of the hearing. Councilmember Byrne asked for clarification regarding the purpose of the Resolution. CityAttomey Roy stated that the issue is not whether Councilmembers agree with the decision but whether the Resolution accurately reflects the decision and why the decision was made. Councilmember Warmer made a motion, seconded by Councilmember Smith, to adopt Resolution 99-6. Lucia Liley, attorney representing Goldberg and Associates, stated that in her view this is the final decision of the City Council on the question of whether or not the appeal should have been sustained or not. Mark Goldberg, developer of the project, spoke regarding the difficulty of the development process in Fort Collins, efforts to comply with the rules, and the need for a dialogue with policy makers. Councilmember Kneeland asked for clarification that the findings of fact Resolution is intended to reflect the decision rather than agreement with the decision. City Attorney Roy stated that the appeals process entails a hearing, deliberation by the Council, and a decision on the merits of the In January 5, 1999 appeal. He stated that the findings Resolution is a way to finalize and formalize that decision by making findings that accurately summarize the decision and the reasons on which the decision was based. Councilmember Byrne asked about the options available to Council and legal remedies available to the developer. City Attorney Roy stated that the Code requires Council to adopt a Resolution containing findings in support of the decision no later than the next regular meeting following the hearing. He stated the adoption of the Resolution is the point in time when the statute of limitations begins to run for bringing any court appeal, and he spoke concerning the quasi judicial role of the Council in the appeals process. Councilmember Byrne asked if the Council could choose to remand to the Planning and Zoning Board at this point. City Attorney Roy stated that the Council has the prerogative to change its substantive decision and a findings Resolution would need to be adopted regarding the decision. Mayor Azari stated that a motion to reconsider would need to come from the prevailing side and that the decision before Council is to determine if the findings Resolution accurately reflects the majority opinion regarding the Wal-Mart appeal. Councilmember Byrne stated that he would not support the motion because he disagrees with the findings. Councilmember Kneeland stated that due process has been followed and this action is closure to begin the running of time for the next level of remedies. She stated she will be supporting the motion because the Resolution accurately reflects the majority decision. Councilmember Smith stated he would support the motion and spoke regarding the need for Council's impartiality in the appeals process. Mayor Azari spoke regarding the appeals process and the majority decision regarding this appeal. She stated that she would be supporting the motion. The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Azari, Kneeland, Mason, Smith and Wanner. Nays: Councilmember Byrne. THE MOTION CARRIED. 19 January 5, 1999 Items Relating to the Lemay Avenue 3rd Annexation and Zoning The following is staffs memorandum on this item. "Executive Summary A. Resolution 99-1 Setting Forth Findings of Fact and Determinations Regarding the Lemay Avenue 3rd Annexation. B. First Reading of Ordinance No. 5, 1999, Annexing Property Known as the Lemay Avenue 3rd Annexation to The City of Fort Collins, Colorado. C. Resolution 99-2 Amending the City Structure Plan Map. D. First Reading of Ordinance No. 6, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lemay Avenue 3rd Annexation. This is an involuntary annexation and zoning ofan enclave approximately 2.00 acres in size, located on the east side of North Lemay Avenue, between East Lincoln Avenue and East Vine Drive. The property is currently vacant. Theproposedzoningforthis annexation isLMN— Low Density Mixed Use Neighborhood. neproperty being consideredfor annexation has, for a period ofnot less than three (3) years, been completely surrounded by property contained within the boundaries of the City of Fort Collins. APPLICANT: City of Fort Collins OWNER: Norman L. Royval 3739 North County Road 13 Fort Collins, CO 80524 BACKGROUND: The property is located within the Fort Collins Urban Growth Area (UGA). According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation ofproperty in the UGA when the property is eligible for annexation according to State law. The property became completely surrounded by the City of Fort Collins through the following annexations: 20 January 5, 1999 N: Northeast Consolidated Annexation — June 6, 1974 E: Fort Collins Business Center Annexation — September 2, 1986 S: East Lincoln 3rd Annexation — December 6, 1994 W.• Northeast Consolidated Annexation —June 6, 1974 Enclave areas become eligible for annexation when they have been completely surrounded by properties that have been within the city limits for at least three (3) years. The property became eligible for annexation as an enclave on December 6, 1997. There are several issues related to enclave areas that warrant the City considering their annexation: First is the desirability to consolidate the provision ofpublic safety services. While fire service is provided by the Poudre Fire Authority in both enclave areas and within the city limits, police services are limited to areas within the city. The second issue is the ability to avoid confusion among the property owners, surrounding property owners and the City or County entities. Again, this is related to theprovision ofpublicsafetyservices as it is common for those individuals who are part of an enclave to not realize they are actually part of the County, not the City. • The third issue pertains to the likelihood of development occurring under County regulations rather than those ofthe City. The IntergovernmentalAgreement between the City of Fort Collins and Lorimer County only applies to those land use decisions requiring an action by the Board of County Commissioners. Therefore, development may take place through the issuance of building permits for permitted uses. The surrounding zoning and land uses are as follows N: RL Single family residential (Andersonville) E: I Lemay Avenue Bypass ROW, vacant S.• I Vacant W.• I Vacant The existing zoning is I, Industrial in Larimer County. City Structure Plan A strict interpretation of the City Structure Plan would indicate that thisproperty is in the Industrial District. However, the location of the established right-of-way for the Lemay Avenue bypass was not recognized when the map was initially adopted. Recognizing that arterial streets frequently identify the boundaries of a neighborhood, the boundary of the Industrial/Low Density Mixed Use 21 January 5, 1999 Residential districts should have followed the established right-of-way. Staff has made this interpretation and the Planning and Zoning Board agreed at its October 15, 1998 meeting. However, to minimize anyfuture interpretation issues, a Structure Plan amendment is recommended to change the designation to Low Density Mixed Use Residential, the same as the residential neighborhood to the north. The recommended amendment is supported by City Plan. The introduction to the Industrial District policies states: "...Industrial Districts will be located away from, or adequately buffered from, residential neighborhoods. " (City Plan Principles and Policies, Page 203) Recommended Zonine As noted above, the existing zoning in the County is I, Industrial. Both the Planning and Zoning Board and staff recommend a zoning ofLMN, Low Density Mixed Use Neighborhood. This would be consistent with City Plan provided the City Structure Plan is amended as recommended. It is also compatible with the RL, Low Density Residential zoning directly to the north. PLANNING AND ZONING BOARD RECOMMENDATION As explained above, on October 15, 1998, the Planning and Zoning Board recommended approval of the annexation with LMN, Low Density Mixed Use Neighborhood zoning. The Board was not asked to act on a Structure Plan amendment. However, the Board did agree with the staff interpretation that the district boundaries should be considered the Lemay Avenue bypass right-of- way. STAFF RECOMMENDATION Staff recommends approval of the Structure Plan amendment and the proposed zoning. " Bob Blanchard, Current Planning Director, stated that this is an involuntary annexation of an enclave that is approximately two acres in size, located on the east side of North Lemay Avenue just south of the extension of Buckingham Street. He stated that the recommended zoning is LMN and that staff is recommending consideration of an amendment to the Structure Plan so that the boundary will follow the Lemay bypass right-of-way. Councilmember Mason asked about the Lemaybypass route and the status of funding for the bypass. Blanchard described the location of the bypass right-of-way. City Manager Fischbach stated that the funding for the bypass is not yet in place. 22 January 5, 1999 Councilmember Smith asked for clarification that LMN zoning is recommended because a small industrial enclave would be created if it was left as Industrial on the north side of the Lemay bypass. N. Larry Royval, 3739 North County Road No. 13, spoke regarding his reliance on the City's word during property and easement negotiations. Councilmember Smith asked about the Lemay bypass and the possibility of delaying the zoning or zoning to T-Transition. City Attorney Roy stated that zoning must occur within ninety days of the effective date of the annexation ordinance. Councilmember Byrne asked about zoning to T-Transition. City Attorney Roy stated that the property could initially be zoned T-Transition and the property must be rezoned within ninety days of any subsequent request by the property owner for placement in another zone district. Blanchard stated that development in the T-Transition zone would be extremely limited. Councilmember Wanner stated that he had not had an opportunity to review the material submitted by Mr. Royval and was therefore not ready to act on Resolution 99-2 or Ordinance No. 6,1999. City Manager Fischbach suggested having the Growth Management Committee review those two items prior to further Council consideration. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Resolution 99-1. John Johnson, general contractor, 125 Cedar, Lyons, Colorado, stated that he owns a parcel of property in the immediate vicinity and would like to receive any future notifications regarding Mr. Royval's property. Councilmember Mason asked for clarification regarding the process to be followed. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 5, 1999 on First Reading. Councilmember Smith asked about the process that would be followed subsequent to the adoption of the annexation ordinance. City Attorney Roy stated that the Resolution that has been adopted starts the annexation process and that the annexation ordinance would take effect ten days after second reading. 0743 January 5, 1999 The vote on Councilmember Wanner's motion was as follows: Yeas Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Mason, to postpone Resolution No. 99-2 and First Reading of Ordinance No. 6, 1999 to allow an opportunity to consider the material submitted by Mr. Royval and, pending the advice of legal counsel, an opportunity for review by the Growth Management Committee. Councilmember Smith spoke regarding the time frame for annexation and issues with some of the bordering properties, stormwater detention, and the Lemay bypass. The vote on Councilmember Warmer's motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Smith stated he would be interested in hearing suggestions regarding some kind of forum for discussions regarding how City Plan is working. Councilmember Mason suggested that the discussion focus on the perceived hurdles to accomplishing City Plan objectives. Councilmember Byrne encouraged staff to bring any City Plan problems forward quickly as staff becomes aware of them. Councilmember Kneeland commented that a number of concerns with City Plan have already been noted and that staff has already begun to compile a list of problems. The meeting adjourned at 8:30 p.m. ATTEST: City Clerk 24