HomeMy WebLinkAboutMINUTES-06/07/2005-RegularJune 7, 2005
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, June 7, 2005, 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: Brown, Hutchinson, Kastein, Ohlson, Roy, and Weitkunat.
Councilmembers Absent: Councilmember Manvel arrived at 7:30 p.m.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Mayor Hutchinson stated each participant would have three minutes to speak.
Reginald (Bud) Heron, 415 South Howes Street, Senior Advisory Board member, stated the Board
was committed to the expansion ofthe Senior Center as a Building on Basics project for the growing
senior population and other community users.
Wayne Anderson, 5242 Fossil Creek Drive, opposed the southwest enclave annexation. He asked
that the residents and business owners be given a voice in the annexation.
Terri Sullivan, 1649 Shenandoah Circle, Friends of the Library member, expressed concerns about
library funding. She stated in the last several years the libraries had lost $230,000 in funding.
Larry Webber, 139 Pearl Street, Friends of the Library member, expressed library funding concerns.
He stated since 1996 the population had increased by 204% and that library use had increased 690%.
He stated the library was an information center for the community and a basic service.
B.J. Ferrero, Kel-Mar stripbusiness owner, spoke in opposition to the southwest enclave annexation.
She described the "micro -businesses" in the Kel-Mar strip and stated more than 300 families would
lose their primary sources of income if the annexation went through.
Rudy Maes, 1601 North College Avenue, expressed concern about lack of funding fortbe library and
the bilingual program.
JoAnn Malara, 2701 Blackstone Court, Kel-Mar strip business owner at 6012 South College Avenue,
opposed the southwest enclave annexation. She described the antique, flea market, and "mom and
pop" businesses along the Kel-Mar strip and the international clientele. She stated a forced
annexation and the resulting increases in fees, taxes and upgrades would drive them out of business.
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June 7. 2005
Steven Almandinger expressed concern about the City's continuing destruction of beaver dams on
Spring Creek. He asked the City to check into flow control devices and to permanently keep at least
two beaver dams.
Diane Heath, 1 113 White Oak Court, Senior Advisory Board chair, spoke regarding the need for
enhancements to the Senior Center to serve the growing active senior population and others in the
community.
Joe Collins, 839 Langdale Drive, Kel-Mar strip business owner, spoke in opposition to the proposed
southwest enclave annexation.
David McDanel, 143 West 2nd Street, Loveland, Disabled Resource Services employee, asked the
Council to consider more funding for public transit.
Jack Harper, southwest enclave annexation resident, opposed the proposed annexation.
Courtney Prozboski, Director of Community Affairs for ASCSU, spoke regarding the "three
unrelated" ordinance and the definition of "head of household."
Mayor Hutchinson noted that the 30 minute time limit had been exceeded and that additional
participation would be allowed at Council's discretion. The consensus was to allow additional
participation.
Sandy Robbins, 5108 South Shields Street, spoke against the proposed southwest enclave
annexation.
Ann McSay, 6422 Kyle Avenue, opposed the southwest enclave annexation.
Mark Dailey, 409 Greenvale Drive, Fossil Creek Meadows, spoke in opposition to the southwest
enclave annexation.
Rick Price, 1925 Wallenberg Drive, spoke regarding the lack of scheduled events for Bike Month
due to the vacancy in the bicycle and pedestrian coordinator position. He asked that this position be
reinstated and that a task force be created to work on implementation of the Fort Collins bicycle
program.
Al Baccili, 520 Galaxy Court, opposed the southwest enclave annexation.
Doug Brobst, 1625 Independence Road, spoke regarding the "three unrelated" ordinance and asked
that the Council support the retention and enforcement of the ordinance.
Vivian Ontiveros, 820 Merganser Drive 4908, asked formore funding fortransit services and Dial -a -
Ride services after 6:00 p.m.
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June 7, 2005
Marcia Fitzhorn, Fort Collins resident, supported more funding for public transit.
Citizen Participation Follow-up
Mayor Hutchinson thanked those who spoke during Citizen Participation.
Councilmember Roy noted that the City was recognized as a "world class" place for senior citizens
to retire. He stated the Senior Center was important for building on that reputation to help create a
better economy for the community. He stated the senior citizens who retired to Fort Collins made
a large contribution to the economy. He also asked for information on the bicycle coordinator
position and City support for bicycle programs and thanked those who spoke about transit for Fort
Collins.
Councilmember Kastein thanked the speaker who brought up the issue of beaver dams on Spring
Creek. He also commented that the City was approaching a budget cycle in which elimination of
$8 million from the budget was being considered. He stated the City would have to stop doing some
"good things" and delay doing other things. He stated expansion of any program would have to be
done at the cost of something else. He commented that additional analysis was being done on the
annexation of the Kel-Mar strip to determine the financial burden to the City.
Councilmember Ohlson thanked the speaker who spoke about the beaver dams on Spring Creek and
stated the City could improve the way beaver dams were handled. He requested information on the
bicycle/pedestrian coordinator position and noted that when positions dealing with implementation
of Council policy agenda items were frozen that Council should be advised of the situation.
Agenda Review
City Manager Atteberry stated there were no changes to the printed agenda.
CONSENT CALENDAR
6. Consideration and Approval of the Regular Council Meeting Minutes of May 3, 2005.
7. Second Reading of Ordinance No. 053, 2005, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities and Tourism Capital.
This Ordinance, which was unanimously adopted on First Reading on May 17, 2005,
appropriates lodging tax revenues that were in excess of 2004 budgeted lodging tax receipts
to Cultural Development and Programming ("CDP"), Visitor Events, and Tourism Capital
fund accounts. Lodging tax revenue for 2004 was estimated to be $573,600 and the 2005
budget appropriated an equal amount. However, actual receipts totaled $601,143 for 2004
and the difference of $27,543 has not been appropriated.
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June 7, 2005
In accordance with City Code Section 25-244, 75% of the total lodging tax receipts are to be
used for the promotion of convention and visitor activities and 25% for cultural development
and programming activities. The City's contract for services with the Convention and
Visitors Bureau ("CVB") requires the payment of $400,000 to CVB for 2005, with $5,213
for service enhancements.
8. Second Reading of Ordinance No. 054, 2005, Authorizing the Transfer of Appropriations
from the Street Oversizing Fund to the Capital Project Fund - Timberline Road
Improvements Project to Be Used for Completion of Engineering Design and Establishing
Appropriations for Railroad Crossing Improvements at the Project.
Developers have contributed $100,000 to the City to begin the engineering design of
Timberline Road from Prospect to Drake. There are additional engineering design costs with
the project to be funded by Street Oversizing. This item appropriates $184,000 into the
project budget for the completion of the final engineering design. In addition, railroad
crossing permits with Great Western Railroad for widening the track on both Timberline
Road and Prospect Road need to be submitted one year in advance of the construction in
order to schedule the railroad crews. The permit requires that funds for the crossing material
and labor be budgeted and available in the project. $280,000 will be appropriated and
earmarked for the railroad crossing agreement in order to submit the required permits and
work orders. The total transfer amount is $464,000 and is available in existing Street
Oversizing Fund appropriations. Ordinance No. 054, 2005, was unanimously adopted on
First Reading on May 17, 2005.
9. Second Reading ofOrdinance No. 055, 2005, Authorizinj4 the Purchasing Agent to Enter into
an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment.
This Ordinance, which was unanimously adopted on First Reading on May 17, 2005,
authorizes the Purchasing Agent to enter into a lease -purchase financing agreement with
Koch Financial Corporation at 4.96 percent interest rate. The agreement is for an original
term from the execution date of the agreement to the end of the current fiscal year. The
agreement provides for renewable one-year terms thereafter, to a total term of five (5) years,
subject to annual appropriation of funds needed for lease payments. The total lease terms,
including the original and all renewal terms, will not exceed the useful life of the property.
This lease -purchase financing is consistent with the financial policies of the City of Fort
Collins.
All equipment shall be purchased following the City's purchasing ordinances and procedures
to ensure that the City realizes all cost savings. The vehicles and equipment financed under
the agreement will comply with applicable City policies, and will be in accordance with the
goal of optimizing City resources without impacting service to the community.
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10. Second Reading of Ordinance No. 056, 2005, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Schrader Rezoning.
This is a request to rezone a parcel owned by Schrader Oil Company and the abutting
Burlington Northern Santa Fe right-of-way, presently zoned T (Transition), to RDR (River
Downtown Redevelopment). The subject site consists of 5 f acres located south of Willow
Street and east of College Avenue. Ordinance No. 056, 2005, was unanimously adopted on
First Reading on May 17, 2005.
11. Postponement of Second Reading of Ordinance No. 057, 2005, Authorizing the Acquisition
by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public
Improvements in Connection with the Dry Creek Drainage Improvements Project - East Vine
Diversion Channel, to July 5, 2005.
This item, which was originally scheduled for the June 7, 2005 meeting has been postponed
to July 5, 2005. Since Council approval of this item on First Reading on May 17, 2005, staff
has been meeting with the Weiss' to discuss the project and their issues. Further meetings
have been scheduled in the next couple of weeks, including a site inspection by the appraiser
hired by the City. Staff will be using this extra time to continue to work with the Weiss' and
to insure they understand the process and have sufficient notification of the July 5, 2005
Council meeting for Second Reading consideration of the item.
12. Second Reading of Ordinance No. 058, 2005, Authorizing an Easement for a Pedestrian
Bridge for Opera Gardens Lofts.
The development of Opera Garden Lofts was approved as a minor amendment to the Opera
Galleria, contingent upon the developer being able to provide off-street parking to the users
of the new mixed -use building and also contingent upon negotiating permission from the
City for a bridge between the Opera Galleria and the Civic Center Parking Structure
("CCPS"). The developer cannot commence construction until this easement is granted. The
developer has indicated that this bridge is important to make the Opera Garden Lofts project
more attractive to lenders and potential purchasers of units.
The Opera Gardens Lofts project will add two floors to the Opera Galleria. The easement
request is to construct an above -grade pedestrian bridge from the 4th floor of the CCPS to
one of the new floors of the Opera Galleria. This pedestrian bridge will not replace the
existing bridge, which is a public bridge. The new bridge will be a private bridge to be used
by users of the mixed -use structure. Ordinance No. 058, 2005, was unanimously adopted on
First Reading on May 17, 2005.
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13. Items Related to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Projects/Programs and Community Development Activities Utilizing Community
Development Block Grant (CDBG) and HOME Investment Partnership Funds.
A. Second Reading of Ordinance No. 059, 2005, Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Program Years in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 060, 2005, Appropriating Unanticipated Revenue
in the HOME Investment Partnerships Fund.
The Community Development Block Grant (CDBG) Program and HOME Investment
Partnership Program provide Federal funds from the Department of Housing and Urban
Development (HUD) to the City of Fort Collins which can be allocated to housing and
community development related programs and projects, thereby, reducing the demand on the
City's General Fund Budget to address such needs. The City Council is being asked to
consider the adoption of two resolutions related to funding under the CDBG and HOME
Programs. Specific projects for the use of HOME funds will be determined in November as
a result of the fall funding cycle of the competitive process for the allocation of the City's
financial resources to affordable housing programs/projects and community development
activities. Ordinance Nos. 059 and 060, 2005 were unanimously adopted on First Reading
on May 17, 2005.
14. First Reading of Ordinance No. 061, 2005, Appropriating Unanticipated Revenue in the
Street Oversizing Fund and Authorizing the Transfer of Appropriations from the Street
Oversizing Fund to the Capital Project Fund - Trilby and Ziegler Road Improvements
Project,
The construction of Kinard Junior High School requires minor arterial street improvements
for Ziegler Road adjacent to the school property. Staff worked with the Poudre R-1 School
District in an effort to coordinate the completion of Ziegler between Trilby Road and Kechter
Road as well as the connection of Trilby between Timberline Road and Kechter. The
improvements will be to an important segment of roadway which will provide primary access
to the new Kinard Junior High School projected to open in the fall of 2006. This project is
funded entirely through developer contributions and the construction will be managed by the
City Street Oversizing Program staff.
15. First Reading of Ordinance No. 062, 2005, Approving the Terms of the City's Lease of
Building 15, Old Town Square, Fort Collins, Colorado.
In order for this property to become tax exempt, state law requires that the Council approve
the terms of the lease by Ordinance.
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Since February 1996, the City has been leasing space in Old Town Square for the Police
Services District One office. Police Services has leased the present Old Town Square
location since January 1, 2000, which term ended and then renewed for one year on January
1, 2004. The present lease term commenced January 1, 2005 and will expire December 31,
2009. Lease payments under the new lease will include base rent, common area maintenance
("CAM") expenses, insurance, utilities and taxes (should they apply). Base rent for the first
year shall be $11.00 per square foot based on 2,075 square feet. The second and third year
base rents shall escalate to $12.00 per square foot. The fourth year will escalate to $13.00
per square foot, and the fifth year to $14.00. This escalation was based upon a negotiated
amount in line with market rents. CAM, insurance and utilities are based on the City's pro
rata share. For the first year the estimated prorated monthly charges amount to $1.90 per
square foot for CAM, $.28 per square foot for insurance, and $2.13 per square foot for
utilities.
16. First Reading of Ordinance No. 063, 2005, Authorizing a Deed of Easement for the Pleasant
Valley Pipeline.
In April of 2001, the City of Fort Collins purchased certain real property from the estate of
Robert Udall to be used as the Reservoir Ridge Natural Area. The City acquired the property
along with any existing easements of record. Prior to the City obtaining title to the property,
Robert Udall had granted an easement to Northern Colorado Water Conservancy District
(NCWCD) for the Pleasant Valley Pipeline, which is used by Fort Collins Utilities to convey
water. In March of 2005, NCWCD determined that the legal description used for the original
easement was incorrect (it referenced an incorrect Range), making the original easement
defective. Because the City is the current owner of record the City has been asked to approve
a Deed of Easement correcting the legal description error. Once approved, NCWCD will
record the document and provide a copy for City records.
17. First Reading of Ordinance No. 064, 2005, Authorizing the Dedication of a Parcel of Land
and a Permanent Public Transportation Easement to the City of Loveland on Jointly Owned
City and City of Loveland Property at the Fort Collins -Loveland Municipal Airport.
The City of Loveland is seeking to construct a roundabout at the intersection of Crossroads
Boulevard and Rocky Mountain Avenue in order to facilitate airport area development and
improvements.
The area ofproposed dedication is .571 acres in size, and the Public Transportation Easement
will encumber an area .354 acres in size. Both dedication and easement are generally located
at the southeast corner of Section 33, Township 6 North, Range 68 West, a portion of the
airport property.
Staff has determined that cooperating with Loveland in completing the planned
improvements will be of general benefit to the Airport. In addition, due to Federal Aviation
Administration ("FAA") funding for the Airport, it is anticipated that the City would be
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required to pay to the FAA any compensation required from Loveland for the conveyances.
Consequently, staff is recommending that no compensation be required in this instance.
18. First Reading of Ordinance No. 071, 2005, Amending Chapter 2, Article 5 of the City Code
Pertaining to Administrative Organization.
This ordinance makes the necessary Code amendments involving the restructuring of
Administrative Services and Communication and Technology Services. These changes are
recommended to ensure a more consistent approach towards improving accountability and
increasing efficiencies in the services these two areas support.
19. Resolution 2005-058 Authorizing the City Manager to Grant Revocable Permits to Schrader
Oil Company and the U.S. Environmental Protection Agency on the Aztlan Center Property
for Environmental Sampling and Related Activities.
Schrader Oil Company representatives have requested that the City allow well sampling by
Schrader at the "Poudre River Cleanup Site" property. Staff is recommending that the City
grant revocable permits as needed, in the form of license agreements, to Schrader Oil
Company for this limited purpose. It is important to note that the monitoring wells Schrader
has selected to sample are not permitted by the State of Colorado as is normally required for
sampling. However, under EPA's jurisdiction, Paul Peronard, the EPA On -Scene
Coordinator, has provided verbal approval for Schrader Oil Company to sample these wells
under the AOC. Staff is recommending that the City Council adopt this Resolution in order
to authorize the City Manager to enter into the necessary license agreements, including such
terms and conditions as may be necessary to protect the interests of the City and minimize
impacts to the City's property.
20. Items Relating to the Kingdom Hall Annexation and Zoning;
A. Resolution 2005-059 Setting Forth Findings of Fact and Determinations Regarding
the Kingdom Hall Annexation.
B. First Reading of Ordinance No. 065, 2005, Annexing Property Known as the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 066, 2005, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 3.87 acres in
size. The site is 2104 Kechter Road and located at the northeast corner of South Timberline
Road and Kechter Road. Contiguity with the existing municipal boundary is gained along
the entire west boundary which abuts Timberline Road the Willow Springs subdivision. The
requested zoning is U-E, Urban Estate. This zoning complies with the Structure Plan Map.
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June 7. 2005
21. Postponement of Items Relating to the Airpark Village Annexation and Zoning, to August
16, 2005.
This item, which was originally scheduled for the June 7, 2005, meeting has been postponed
to August 16, 2005. The item is being continued primarily due to concerns regarding the
proposed amendment to the East Mulberry Corridor Plan (E.M.C.P.) and the Structure Plan
Map. Such an amendment is required before the Planning and Zoning Board can recommend
Employment zoning for the 147- acre parcel. The applicant is requesting Employment
zoning whereas the E.M.C.P. and the Structure Plan Map indicate Industrial zoning. A re-
hearing with the Planning and Zoning Board is scheduled for July.
22. Items Relating to the Transfer of Ownership of Harmony Road (State Highway 68) Between
College Avenue and I-25 from the Colorado Department of Transportation to the City of Fort
Collins.
A. Resolution 2005-060 Authorizing the Mayor to Enter into an Intergovernmental
Agreement with the Colorado Department of Transportation to Transfer the
Administrative Control, Maintenance and Ownership of Harmony Road (State
Highway 68) between College Avenue and I-25 from the Colorado Department of
Transportation to the City of Fort Collins.
B. First Reading of Ordinance No. 067, 2005, Accepting the Abandoned Portion of
State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile Post 4.468 as part
of the City's Street System.
The Colorado Department of Transportation (CDOT) and Cityof Fort Collins Transportation
Services have been discussing the transfer of ownership of Harmony Road from CDOT to
the City of Fort Collins for many years. This 4.5 mile section of road is developing into an
urban arterial. CDOT made proposals for transfer of ownership of Harmony Road in the
past, but the City resisted because of the additional costs involved.
In the most recent discussions CDOT offered funds in a one-time payment to the City to fund
upgrades and offset the cost of maintenance cost over the next 20 years. CDOT and the
City's Transportation staff worked together to develop estimates for the 20 year maintenance.
CDOT will retain maintenance responsibility for the portion of Highway 68 between the west
frontage road and I-25, including the frontage road intersection. The City will accept
responsibility for the portion west of the frontage road. CDOT is offering a one-time
payment of $13,700,000 to the City to take ownership on this section of Harmony Road.
There is some urgency to this matter because part of these funds need to be committed by
CDOT within its current fiscal year (before July 31, 2005).
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June 7, 2005
23. Resolution 2005-061 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Crawford Annexation.
This item was considered by Council on April 19, 2005, and was postponed to this date to
allow staff to determine the ownership of a 30-foot strip of land included in the annexation.
The Crawford Annexation has been revised to remove the westerly 30-foot strip. This 30-
foot strip was Quit Claimed in 1902 to another party for access purposes and is not owned
by the petitioner. The parcel has been reduced in size and now consists of 29.56 acres. Also
it has come to light that the original petition for annexation was signed by the wrong entity,
having been signed by Mr. Willox as an individual rather than by the true owner, which is
a limited liability company of which he is the manager. Therefore, it is necessary to re-
initiate this annexation.
The site is located approximately one-half mile west of North College Avenue on the south
side of Willox Lane. Contiguity with the existing municipal boundary is gained along the
eastern boundary which is shared with the west property line of the Hickory Village Mobile
Home Park. Contiguity is also gained along a portion of the southern boundary which is
shared with the north property line of the City of Fort Collins Soft Gold Park. The
recommended zoning is U-E, Urban Estate. This zoning complies with the Structure Plan
Map.
24. Resolution 2005-062 Authorizing the Citv to Enter into a Change Order with Felsbure Holt
& Ullevig to Amend an Existing Agreement to Include the Design of the Mason
Transportation Corridor Trail Project North from the Spring Creek Trail to Connect with the
Colorado State University Campus as an Exception to the Competitive Process over
] 00 000.
This Resolution will authorize the City Manager to amend the existing agreement, by change
order, with the consulting firm of Felsburg Holt & Ullevig (FHU), which designed the
southern portion of the trail, to include the design for the Mason Transportation Corridor
(MTC) Trail project north from the Spring Creek Trail through the CSU campus. In the
future, the City will continue to pursue additional grant funding to cover the construction
costs for this segment of the MTC Trail. This extension of the MTC Trail northward from
the Spring Creek Trail is consistent with the adopted Master Plan for the Mason
Transportation Corridor Project.
25. Resolution 2005-063 Authorizingthe he City to Enter into a Construction Agreement with The
Burlington Northern and Santa Fe Railway Company for Construction Services Adjacent and
Upon Railway's Right -of -Way and/or Property, as an Exception to the Competitive Process
over $100,000.
The Burlington Northern and Santa Fe Railway Company (the "Railway") will construct two
bridges as part of the Dry Creek Basin Improvements Project.
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June 7, 2005
26. Resolution 2005-064 Approving an Intergovernmental Agreement with the City of Thornton
Concerningthe he Dry Creek Drainage Improvements Project.
The design portion of the Dry Creek Drainage Improvements Project ("Project') began in
2003. Portions of the Project are currently underway and the balance is scheduled to start
later in 2005 with completion scheduled in 2006. The total project involves a combination
of sub -projects in the upper, middle and lower basins to reduce the likelihood of flooding.
27. Resolution 2005-065 Approving Expenditures from the Art in Public Places Reserve
Account in the Light and Power Utility Fund to Commission an Artist to Design and Paint
Murals on Transformer Cabinets Located in the Allev West of College Avenue and North
of Laurel Street.
This Resolution will approve expenditures of $12,380 for design, materials, installation and
contingency for a project for artist Sandy Toland to paint murals on five transformer cabinets
located in the alley west of College Avenue and north of Laurel Street.
28. Resolution 2005-066 Reappointing Gordon F. Esplin as Temporary Judge and Authorizing
the Execution of an Employment Agreement.
Council originally appointed Gordon F. Esplin as Temporary Judge (Assistant Municipal
Judge) in 1989, and has reappointed him every two years thereafter. His current
appointment terminates on June 30, 2005. Municipal Judge Kathleen M. Lane
recommends that Mr. Esplin be reappointed for another two-year term.
Mr. Esplin is currently paid $85 per hour for his services. That rate is well below the
going rate for legal fees in Fort Collins and is at or below the amount paid to other
Assistant Municipal Judges in Colorado who serve only occasionally. However, due to
budgetary constraints, staff is not recommending an increase in the compensation paid to
Mr. Esplin at this time. Mr. Esplin has agreed to continue in this position at the current
pay rate.
29. Resolution 2005-067 Making Appointments to the Affordable Housing Board and the Zoning
Board of Appeals.
A vacancy currently exists on the Affordable Housing Board due to the resignation of
Sunshine Workman. Councilmember Kastein reviewed the applications on file and is
recommending Kevin Brinkman to fill the vacancy with a term to begin immediately and set
to expire on December 31, 2009.
A vacancy also exists on the Zoning Board of Appeals due to the resignation of Steve
Remington. Councilmembers Ohlson and Weitkunat reviewed the applications on file and
conducted interviews. The Council interview team is recommending Jim Pisula to fill the
vacancy. The term will begin immediately and is set to expire on December 31, 2007.
ML'.
June 7. 2005
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 053, 2005, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities and Tourism Capital.
8. Second Reading of Ordinance No. 054, 2005, Authorizing the Transfer of Appropriations
from the Street Oversizing Fund to the Capital Project Fund - Timberline Road
Improvements Project to Be Used for Completion of Engineering Design and Establishing
Appropriations for Railroad Crossing Improvements at the Project.
9. Second Readingof OrdinanceNo. 055,2005, Authorizingthe PurchasingAgent to Enter into
an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment.
10. Second Reading of Ordinance No. 056, 2005, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Schrader Rezoning.
12. Second Reading of Ordinance No. 058, 2005, Authorizing an Easement for a Pedestrian
Bridge for Opera Gardens Lofts.
13. A. Second Reading of Ordinance No. 059, 2005, Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Program Years in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 060, 2005, Appropriating Unanticipated Revenue
in the HOME Investment Partnerships Fund.
Ordinances on First Reading were read by title by City Clerk Krajicek.
14. First Reading of Ordinance No. 061, 2005, Appropriating Unanticipated Revenue in the
Street Oversizing Fund and Authorizing the Transfer of Appropriations from the Street
Oversizing Fund to the Capital Project Fund - Trilby and Ziegler Road Improvements
Project.
15. First Reading of Ordinance No. 062, 2005, Approving the Terms of the City's Lease of
Building 15, Old Town Square, Fort Collins, Colorado.
16. First Reading of Ordinance No. 063, 2005, Authorizing a Deed of Easement for the Pleasant
Valley Pipeline.
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June 7, 2005
17. First Reading of Ordinance No. 064, 2005, Authorizing the Dedication of a Parcel of Land
and a Permanent Public Transportation Easement to the City of Loveland on Jointly Owned
City and City of Loveland Property at the Fort Collins -Loveland Municipal Airport.
18. First Reading of Ordinance No. 071, 2005, Amending Chapter 2, Article 5 of the City Code
Pertaining to Administrative Organization.
20. B. First Reading of Ordinance No. 065, 2005, Annexing Property Known as the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 066, 2005, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
22. B. First Reading of Ordinance No. 067, 2005, Accepting the Abandoned Portion of
State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile Post 4.468 as part
of the City's Street System.
33. B. First Reading of Ordinance No. 068, 2005, Annexing Property Known as the Sunrise
Ridge Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 069, 2005, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the Sunrise
Ridge Annexation to the City of Fort Collins, Colorado.
34. First Reading of Ordinance No. 070, 2005, Making Various Amendments to the City of Fort
Collins Land Use Code.
Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adopt and approve
all items on the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers
Brown, Hutchinson, Kastein, Ohlson, Roy and Weitkunat. Nays: None. (Councilmember Manvel
absent)
THE MOTION CARRIED
Consent Calendar Follow-up
Councilmember Kastein spoke regarding Item #22 Items Relating to the Transfer of Ownership of
Harmony Road (State Highway 68) Between College Avenue and I-25 from the Colorado
Department of Transportation to the City of Fort Collins. City Manager Atteberry stated this was
a "good news" item for the City and that the quality of services on Harmony Road would improve
considerably. Ron Phillips, Transportation Services Director, stated the transfer would take place
sometime around the end of CDOT's fiscal year on June 30.
June 7. 2005
Councilmember Weitkunat commented regarding Item #27 Resolution 2005-065 Approving
Expenditures. from the Art in Public Places Reserve Account in the Light and Power Utility Fund
to Commission an Artist to Design and Paint Murals on Transformer Cabinets Located in the Alley
West of College Avenue and North ofLaurel Street. She expressed some concerns about the use of
the funds for art on utility boxes in an alley.
Councilmember Ohlson spoke regarding Item #15 First Reading of Ordinance No. 062, 2005,
Approving the Terms of the City's Lease ofBuilding 15, Old Town Square, Fort Collins, Colorado.
He noted that this appeared to be approval of a lease that started six months ago and expressed a
concern about "approving things after the fact."
Staff Reports
City Manager Attebeny thanked the Bohemian Foundation for its $100,000 grant to the City to cover
youth fares on Transfort for 2006-2007. He also reported that 1,200 young athletes would be coming
to Fort Collins on June 25 for the Colorado Hershey State Track Meet. He reported that during the
track meet the City would receive an Outstanding Agency Award for efforts to promote health and
fitness in Fort Collins. He also reported that Fort Collins received a prestigious award for
commitment to water quality for the fifth year in a row from the Partnership for Safe Water. He
stated Fort Collins was the first municipality in Colorado to receive the award for five consecutive
years. He recognized Utilities General Manager Mike Smith, Jim Hibbard, and Wendy Williams for
their work with the Utilities.
Councilmember Reports
Councilmember W eitkunat reported that the Housing Authority had received the audit report and that
the organization was financially sound and in compliance with HUD requirements. She stated the
Housing Authority would serve 35 fewer families this year due to funding cuts. She also reported
on the first meeting of the North College Urban Renewal Authority. She also reported on the Poudre
Fire Authority Board meeting and the purchase of a new fire truck.
Mayor Hutchinson reported on some of the actions taken by the Poudre Fire Authority Board of
Directors and the opening of Fire Station #14.
Councilmember Kastein reported on the Downtown Development Authority meeting. He asked for
information about the City's role with regard to the number and placement of liquor licenses in the
City. City Attorney Roy stated the criteria used by the Municipal Judge to make those
determinations were spelled out in the State statutes and that he would prepare additional
information for the Council.
Items Relating to the Sunrise Ridge Annexation and Zoning, Adopted
The following is staff's memorandum on this item.
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"EXECUTIVE SUMMARY
A. Resolution 2005-068 Setting Forth Findings of Fact and Determinations Regarding the
Sunrise Ridge Annexation.
B. First Reading of Ordinance No. 068, 2005, Annexing Property Known as the Sunrise Ridge
Annexation to the City ofFort Collins, Colorado.
C. First Reading of Ordinance No. 069, 2005, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Sunrise Ridge
Annexation to the City ofFort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 10.34 acres in size.
The site is 5101 S. Strauss Cabin Road located approximately one-halfmile south of East Harmony
Road on the west side of Strauss Cabin Road. Contiguity with the existing municipal boundary is
gained along the entire west boundary which is shared with the east property line of the Willow
Brook Subdivision (Observatory Village). Contiguity is also gained along the entire northern
boundary which is shared with the south property line of Brookfield Subdivision (Morningside
Townhomes).
BACKGROUND
The property is located within the Growth Management Area. According to the policies and
agreements between the City ofFort Collins and Larimer County contained in the Intergovernmental
Agreement for the City ofFort Collins Growth Management Area ("IGA'), the City will agree to
consider annexation ofproperty in the GMA when the property is eligible for annexation according
to State law.
The parcel gains the necessary one -sixth contiguity along the entire north and west property lines.
Of the total perimeter boundary, the parcel has 48% contiguity with the City limits. This
substantially exceeds the required minimum of 16.66% (one -sixth). The parcel, therefore, complies
with the requirements of the IGA and is eligible for annexation.
This is a 100% voluntary annexation for a property located within the Growth Management Area.
The property satisfies the requirement that no less than one -sixth of the perimeter boundary be
contiguous to the existing City boundary. The recommended zoning of U-E, Urban Estate, is in
compliance with the City's Comprehensive Plan and Structure Plan Map. Staff recommends the
parcel be placed within the Residential Neighborhood Sign District.
The Initiating Resolution was considered by City Council on April 19, 2005 and approved. On May
19, 2005, the Planning and Zoning Board took two specific actions in making its recommendation
to City Council:
The Board voted 6 — 0 to recommend approval of the annexation.
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2. The Board then voted 4 — 2 to recommend the property be placed in the
Urban Estate zone district.
Consistency with Existing Policies:
According to the policies and agreements between the City of Fort Collins and Larimer County,
contained in the amended (November 21, 2000) IGA, the City will agree to consider,for annexation
property in the U.G.MA. when such property is eligible for annexation according to State law.
According to Section 8A of the I.G.A., as amended:
"It is the City's intent to annex properties within the GMA as expeditiously as
possible consistent with the terms of this Agreement. Except as provided in Section
8(B), the City agrees to consider the annexation of any parcel or parcels of land
located within the GMA which are eligible for voluntary annexation pursuant to the
provisions of Title 31, Article 12 Colorado Revised Statutes. "
The surrounding zoning and land uses are as follows:
N.•H-C; Existing and Developing Multi -Family (Brookfield Subdivision -marketed as Morningside
Townhomes)
S: FA -I (County); Existing large -lot, semi -rural single family detached residential
E. FA -I (County); Vacant — Fossil Creek Reservoir Inlet Ditch
W: L-M-N; Existing Single Family Attached (Willowbrook Subdivision - marketed as Observatory
Village)
The parcel gains the necessary one -sixth contiguity along the entire west and north property lines.
Of the total perimeter boundary, the parcel has 48% contiguity with the City limits. This
substantially exceeds the required minimum of16.66% (one -sixth). The parcel, therefore, complies
with the requirements of the IGA and is eligible for annexation.
One of the stated intents of the IGA is to have urban development occur within the City in order that
the provision of urban level services by the County would be minimized. This is a 100% voluntary
annexation. The parcel is not an enclave. On April 19, 2005, City Council approved a Resolution
which accepted the annexation petition and established that the petition is in compliance with State
statutes.
Zoning:
A. Planning and Zoning Board Recommendation — Urban Estate (U-E)
Consistency with City Plan
The Planning and Zoning Board voted 4 — 2 to recommend that the zoning for the Sunrise
Ridge Annexation be U-E, Urban Estate. This district is intended to be a setting for a
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June 7, 2005
predominance of low -density and large -lot housing. In addition, the zone provides for the
Residential Cluster Plan Development option. The main purposes of this District are to
acknowledge the presence of the many existing subdivisions which have developed in these
uses that function as parts of the community and to provide additional locations fn-similar
development, typically in transitional locations between more intense urban development
and rural or open lands. The requested zoning of U-E complies with the City's Structure
Plan Map and the Fossil Creek Reservoir Area Plan.
2. Domino Effect
Those Board members voting in favor of the U-E zone expressed a concern that allowing L-
M-Nzoning would lead to a domino effect. The subject parcel is the northern -most property
of seven existing lots that front on Strauss Cabin Road. These lots were split off from the
larger farm approximately 25 years ago. Kechter Road forms the southern boundary.
According to those voting in the majority, the same rationale for placement of the subject
property into the L-M-Nzone could also logically apply to each subsequent lot to the south,
and so on down the line to Kechter Road.
3. Uniform Separation Between L-M-N and U-E
The majority was concerned about preserving the integrity of the north -south line that
presently separates Observatory Village (City) from the existing seven lots (County). This
line was established with the adoption of the Fossil Creek Sub Area Plan. The location of
this separation is in alignment with the rear (west) property lines of all seven lots and is
uniform and consistent. Allowing L-M-N on Sunrise Ridge would encroach across this line.
4. Piecemeal Approach
The majority was concerned about a piecemeal approach resulting in one of seven lots
having a zoning significantly different from the other six. If all seven lots petitioned for
annexation and L-M-Nzoning, at the same time, then such a request could be considered a
more rational and comprehensive approach that would possibly be viewed differently.
5. Lack of Change in Character
Finally, the majority indicated that there has not been a sufficient change ofcharacter in the
general area to justify an amendment to the Structure Plan Map.
6. Residential Neighborhood Sign District
In addition, the P & Z Board recommends the parcel be placed within the Residential
Neighborhood Sign District which was created.for the purpose ofregulating signs for non-
residential uses in certain geographic locations ofthe City. The applicants are in agreement
with this designation.
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June 7, 2005
B. Applicants'Request—Low Density Mixed- Use Neighborhood(L-M-N)
Abuts L-M-N and H-C Zones
The applicants have indicated that this particularparcel is differentfrom the othersix in that
its northern boundary abuts the Harmony Corridor zone district. As with Observatory
Village to the west, L-M-Nzoning is a logical land use transition from the more intense land
uses associated with the Harmony Corridor zone.
2. Change of Character
The applicants contend that there has indeed been a change in character in the area. For
example, to the north is the Morningside Townhomes. To the west are the single family
homes of Observatory Village. Both residential projects exceed 5.0 dwelling units per acre.
3. Future Streets — Rock Creek Drive
In addition, Observatory Village has stubbed three public streets to its east property line in
anticipation of continuing east to Strauss Cabin Road. One of these streets is Rock Creek
Drive. This street serves Fossil Ridge High School, Morningside Townhomes and
Observatory Village. It is has been constructed as a collector roadway in accordance with
the Master Street Plan and is stubbed into Sunrise Ridge. Development would trigger
extension into Sunrise Ridge to intersect with Strauss Cabin Road. It appears incongruous
to the applicants that a collector level street is necessary to serve Urban Estate density.
4. Isolated Strip of U-E
Finally, the applicants contend that preserving a strip of Urban Estate makes little sense in
that there is a vast open area, presently being mined. for gravel, east of Strauss Cabin Road
and down the Poudre River bluff. Since the gravel operations will ultimately cease and
become restored as ponds and open space, a strip of Urban Estate will become isolated and
will share little in common with its immediate surrounding area.
Compliance with State Law:
As mentioned, the annexation has 48% ofitsperimeter boundary contiguous with existing City limits
which exceeds the required one -sixth as mandated by State law. Further, the parcel is, found to have
a community of interest with the City and the parcel is expected to urbanize shortly.
Findings of FactlConclusion:
In evaluating the request.for the Sunrise Ridge Annexation and Zoning, Staff makes the following
findings of fact:
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1. The annexation ofthis parcel is consistentwith thepolicies and agreements between Larimer
County and the City of Fort Collins, as contained in the amended IGA.
2. The parcel meets all criteria included in State law to qualify.for annexation by the City of
Fort Collins.
3. The staff proposed zone district, U-E, Urban Estate, is in conformance with the City's
Comprehensive Plan (Fossil Creek Reservoir Area Plan) and the City Structure Plan Map.
4. The applicants have requested the property be placed in the L-M-N, Low Density Mixed -Use
Neighborhood zone district.
5. P & Z recommends the parcel be placed within the Residential Neighborhood Sign District.
6. On April 19, 2005, City Council approved the Resolution which accepted the annexation
petition and determines that the petition is in compliance with State law.
Planning and Zoning Board Recommendation:
On March 17, 2005, the Planning and Zoning Board took the following action:
Voted 6 — 0 to recommend annexation into the municipal boundary and inclusion into the
Residential Sign District.
2. Voted 4 — 2 to recommend placement into the U-E, Urban Estate zone district. "
City Manager Atteberry introduced the agenda item.
Ted Shepard, City Planner, presented background information regarding the agenda item. He stated
this was a request for an annexation and zoning in compliance with the Intergovernmental
Agreement with Latimer County. He stated the Planning and Zoning Board recommended
annexation and zoning into the Urban Estate Zone District. He stated the site was located on Strauss
Cabin Road (County Road 7) a half mile south of Harmony Road, abutting Observatory Village on
the west and Morningside Townhomes on the north. He stated this was a voluntary annexation that
exceeded the one -sixth contiguity requirement. He stated the Planning and Zoning Board voted 4-2
on the recommendation for Urban Estate zoning and 6-0 on the annexation. He stated the applicant
would give a presentation on the request for LMN zoning. He presented visual information
regarding the Structure Plan Map, which showed zoning of the parcel in the Urban Estate zone; an
aerial photograph showing the area and surrounding zoning; the Fossil Creek Reservoir Area Plan
and the Subarea Plan adopted in 1999 and amended shortly thereafter, which recommended Urban
Estate zoning; and site shots from different perspectives.
Mayor Hutchinson stated audience members would have five minutes to speak.
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Ken Ashley, 5227 South County Road #7, showed photos of his property and noted that the area to
the west was covered with houses. He stated the only land that was open and rural in character was
on seven five -acre parcels south of the proposed annexation. He stated the owner of a neighboring
property was "intimidated by the potential for developing' and was relocating. He stated his
property would be the next "domino" if the City was to "give into this proposal." He stated he
acquired his property in 1980 and that this had been a stable neighborhood that practiced "good
stewardship" with the land. He expressed "consternation" about the proposed subdivision of
property on the northernmost parcel consisting of 10 acres and stated this would "destroy this
neighborhood." He stated the "scheme" of the developer was to request annexation and a change
of zoning from FA-1 to LMN. He stated FA -I would allow only two structures per acre and than
LMN would allow as many as 64 units on the 10 acres. He stated on April 12 the City had a
neighborhood meeting to discuss the Sunrise Ridge proposal and that the property owners expressed
"vigorous opposition" to the developer's proposal. He stated the Planning and Zoning Board and
City staff had recommended in favor of annexation because of some Intergovernmental Agreement
and had recommended a zoning change from FA-1 to UE. He stated this zoning change would allow
a density 10 times greater than the FA-1 zoning. He noted that the City had no zoning district
suitable for large rural type lots. He stated one of the Planning and Zoning Board members (Ms.
Schmidt) noted at the meeting that approval of the annexation and UE zoning would set in motion
a domino effect so that the present residents would have little say in what happened to them. He
stated there were several "troubling aspects" to the situation, including the fact that Smith was an
applicant for the annexation and did not live on the property in question, that Smith offered to buy
out a neighbor and could not come up with financing, and that Smith suggested to the neighbor that
the other neighbors buy out the neighbor. He stated he wondered if the applicant was speculating
that if the property was annexed and the zoning change for higher density was approved that they
could sell to a "real developer." He stated the neighborhood was "being victimized by a conspiracy"
made up of the Intergovernmental Agreement, the lack of an appropriate City zoning district, and
the Sunrise Ridge proposal. He stated City approval of the annexation and UE zoning would ensure
the end of an attractive neighborhood. He asked that the proposal be tabled.
Ethel Ashley, 5227 South County Road #7, asked that the Council table the proposal until the City
was able to adequately study what would actually happening. She stated there was no mandate for
annexation, that City staff was developing a new zoning district designed to allow larger rural type
lands within the City limits similar to the County's FA-1 zone, and that the property could be zoned
T on a temporary basis. She stated 100% of the residents (nine property owners) affected by this
proposal were in opposition to the proposal. She stated Observatory Village property owners
adjacent to the acreages paid a premium price to face the pastoral view. She stated she spoke with
Observatory Village residents who were vigorously opposed to any development that would destroy
the view they enjoyed. She stated the residents and the developer differed on "values" of property.
She asked that the Council allow enough time to seriously consider the human and social impacts
imposed upon the present residents. She requested that the Sunrise Ridge proposal either be rejected
or tabled.
Pat Balliew, 5335 South County Road 47, adamantly opposed the annexation and rezoning. He
stated it would destroy along established neighborhood. He stated all of the properties along County
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Road #7 between Fossil Creek inlet ditch and County Road #36 were developed with a rural
character. He stated these nine properties were developed between 1959 and 1987 (an average age
of 28 years). He stated 28 years ago in 1977 the closest Fort Collins housing development was at
the southeast comer ofHorsetooth and Timberline, over five miles away. He stated zoning allowing
higher density development would "domino" down County Road #7 as each property would `refuse
to be the buffer." He stated the City's Comprehensive Plan Land Use section stated: "Existing
residential neighborhoods will be protected against development that is incompatible with
community goals and needs. In -fill and redevelopment located within certain predetermined areas
as defined by subarea plans will build on unique and positive qualities of the neighborhood in
dynamic and creative ways which respect the character of the neighborhood." He stated the character
of the neighborhood was at stake in this decision. He stated approval of the proposal would mean
an "inappropriate density transition" to the existing rural lots. He stated the Fossil Creek Reservoir
Plan Land Use Policy adopted by the City Council in 1998 indicated as follows: "Where a new
neighborhood develops next to an existing lower density residential development, the neighborhood
design and layout should complement the established patterns of buildings and outdoor spaces along
the edge with no drastic and abrupt increase in the size of buildings or the intensity of building
coverage." He stated the existing rural lots averaged five acres each with a single home. He stated
these homes were spaced at 300-400 feet apart and that Observatory Village to the west provided a
200-foot open space stormwater retention pond that provided a reasonable transition along that edge.
He stated it was unlikely that a similar transition could be provided between Sunrise Ridge and the
next rural lot to the south. He stated appropriate zoning was not yet available in the City's Land Use
Code. He stated approving this annexation now would start the "cascade" from FA-1 zoning to UE
zoning. He stated UE zoning would allow two units per acre, which would be 10 times denser than
the existing rural lots. He stated this inconsistency would lead a "greedy land developer" toward a
development plan that would drive adjacent rural lot owners away and result in the loss of a pocket
of open space that the City would not have to buy or maintain. He asked that the Council defer the
Sunrise Ridge Annexation and rezoning until City staff could complete and gain approval for a new
zoning district similar to the County FA-1 zoning. He stated with this new zoning district available
and the support of a majority of the rural lot landowners that an amendment to the Fossil Creek Land
Use Framework Plan should be made to change the proposed zoning from UE to the City's FA-1
equivalent. He stated this action would preserve the character of the existing rural lots and maintain
the existing density transition along the edge of existing developments.
("Secretary's Note: Councilmember Manvel arrived at 7:30 p.m.)
Carolyn Balliew, 5335 South County Road 47, opposed the proposed annexation and zoning. She
stated County Road #7 represented the boundary between high density neighborhoods such as
Observatory Village and natural space. She stated City Plan provided that the edges should reflect
a transition from the development areas to the rural character of Larimer County. She stated
development of a high density neighborhood would be in direct violation of the City Structure Plan
and its intent and purpose and that it would also violate the parameters of the Fossil Creek Reservoir
Plan. She stated there would be a domino effect if this proposal was approved and that the whole
area would end up being high density development. She stated the infrastructure was not adequate
for this type of development. She stated the project seemed to have funding problems and that there
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were concerns that the project could be completed in an unattractive manner or could go bankrupt.
She stated the development would impact the natural nature of the neighborhood. She stated
residents of Observatory Village were also opposed to a high density development. She stated the
neighborhood were "upset' that the developer was proposing such a development which would
destroy the neighborhood. She asked that the decision regarding the project be put on hold until the
Council could approve a zoning comparable with the County FA-1 zoning.
Jason Van Vleet, speaking on behalf of his father Rick Van Vleet, former owner of 5101 South
County Road #7, urged approval of the annexation. He read a letter from his father stating that if
he had retained the property he would have requested annexation and LMN zoning, that the area had
been "irrevocably changed" by the Observatory Village and Morningside Townhomes developments,
that it would be difficult for the current property owners to market their lands and homes without
rezoning approval, and that LMN was the proper zoning for the land for the good of the community.
He urged approval of the request for LMN zoning. He stated UE zoning would require that the
homes be "stacked" on one side next to the Stanford property and that LMN zoning would allow the
homes to be spread out.
Councilmember Weitkunat asked about the "stubbing" of streets and the road plan. She asked if
County Road #7 would become a major street in the transportation plan and how Rock Creek Drive
would fit in. Shepard stated Rock Creek Drive was a collector street and that Strauss Cabin Road
would be a minor arterial. He stated it was not built to the minor arterial standard and was
designated on the Master Street Plan as a future improvement (two lane arterial). He stated Rock
Creek Drive was a fully constructed collector.
Councilmember Weitkunat asked for a comparison with other streets. Shepard stated Willox was
a minor arterial.
Councilmember Weitkunat noted that Rock Creek Drive came into the middle of the site and that
it was "stubbed." She asked if that meant that it would be continued. Shepard replied in the
affirmative.
Councilmember Weitkunat asked if Rock Creek Drive would continue through the site onto Strauss
Cabin Road. Shepard replied in the affirmative.
Councilmember Weitkunat asked if that would diminish the size of the site. Shepard stated the gross
acreage would stay the same for density calculation purposes because the right-of-way had not yet
been dedicated. He stated the future right-of-way dedication would be included in this case as part
of the gross for density calculation purposes. He stated after dedication it would be "netted out'
from the parcel.
Councilmember Weitkunat asked for confirmation that there would not be housing wherever the road
would go. Shepard stated that was correct.
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Councilmember Weitkunat asked if this parcel was on the perimeter of the Fossil Creek Area Plan
and how this would fit into the plan. Pete Wray, City Planner, stated this parcel was close to the
outer edge of the Fossil Creek Area Plan study area. He stated the plan area went to I-25 and that
Strauss Cabin Road was close to the outer edge. He stated the existing County FA-1 zoning was
acknowledged in the Structure Plan for the area between Strauss Cabin Road and 1-25. He stated
there was significant support during development of the plan for recognizing existing County
subdivisions in the southeast area. He stated there was a handful of existing large lot County
properties within the Fossil Creek Plan area.
Councilmember Weitkunat stated reference was made to some of the work done by the Planning
Department on the issue of annexation and the rural character at the edges of the City. She asked
for the progress being made on that work. Wray stated the Advance Planning staff was working on
finalizing the language for a new zoning district called the Rural Lands District. He stated the
decision to extend the Growth Management Area further south to Carpenter Road required
development of a new zoning district to capture some of the existing County Airport and FA-1 zoned
lands.
Councilmember-Weitkunat asked if there was a direct correlation between that proposed zone district
and these seven parcels. Wray stated these interior County developments were not identified as part
of that new zoning classification.
Councilmember Weitkunat asked for confirmation that these parcels were within the Growth
Management Area boundary. Wray replied in the affirmative.
Councilmember Ohlson asked why this could not be delayed until work on the new FA-1 equivalent
zoning district was completed. Wray stated in the Fossil Creek Plan Area and the City Plan Structure
Map these existing County subdivisions were identified to maintain the large lot character. Hestated
the Urban Estate designation did not require to the two units per acre maximum or half acre lots.
He stated there was an option to maintain the existing 5-7 acre parcels within the UE zone and an
option to go to half acre lots. He stated the new Rural Lands zoning was specifically identified for
the Fossil Creek Reservoir itself to further reduce residential density and other uses to protect the
corridor and the Fossil Creek Reservoir. He stated there were new standards on the west side of I-25
for reducing residential development within the quarter mile setback of 1-25. He stated these seven
parcels were outside of that quarter mile setback from I-25 and that staff believed that the Urban
Estate designation recognized and could maintain those large lot properties. He stated the new Rural
Lands zoning would allow one unit per 10 acres or clustered residential at 1:2.29.
Councilmember Ohlson asked if staff would recommend the use of the new Rural Lands district in
this case if it was available. Wray stated staff would not recommend this.
Councilmember Brown asked if there was a maximum of 50 units with the LMN zoning. Shepard
stated the zone district allowed a maximum density of eight dwelling units per gross acre. He stated
under LMN development it was rare to see such a density.
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June 7, 2005
Councilmember Brown asked how many units would be permitted in the UE zone. Shepard stated
two units per acre would be allowed with half acre lot minimums. He stated the clustered
development plan scenario would also mean that the maximum was two dwelling units per acre.
Councilmember Kastein asked if the zoning to the east was FA-L Shepard replied in the affirmative.
Councilmember Kastein asked if there was a FA-1 designation in the Structure Plan. Shepard
replied in the affirmative.
Councilmember Kastein asked if the "feathering" with UE was delineated on the Structure Plan Map.
Shepard presented visual information showing the Growth Management Area boundary, the LMN
and UE areas, the gravel pits east of the bluff and the subject site. He stated the Structure Plan Map
included the County areas that were in the Growth Management Area. He pointed out the area
recommended for UE zoning and the area further away that was suggested for inclusion in the new
Rural Lands district (an area currently zoned County FA-1).
Councilmember Kastein asked if the UE and FA-1 designations were separate and distinct in the
Structure Plan. Shepard replied in the affirmative.
Mayor Hutchinson noted that the Planning and Zoning Board had a split vote on the UE zoning
recommendation. He requested a brief summary of how the UE, LMN and FA-1 equivalent zonings
would apply in this case. Wray stated the Fossil Creek Plan did not include a recommendation to
designate the stretch of land between 1-25 and Strauss Cabin Road in any of the City zoning
categories. He stated the existing County zoning was acknowledged in that area i.e. one unit per 2.29
acres. He stated the Urban Estate designation was primarily in City Plan to acknowledge existing
County development. He stated there was a range of lot sizes throughout Fort Collins in existing
subdivision from one to two acres, up to seven acres in the Fossil Creek area, seven acre parcels off
of Timberline, and mostly five acres and one parcel of about 10 acres in this particular line of
parcels. He stated further to the west LMN called for a minimum of five units per acre and up to 12
for a single phase. He stated this was the sequence of density.
Mayor Hutchinson asked why staff would not consider the equivalent Rural Lands zoning for this
particular situation. Wray stated the City was acknowledging the existing County development
pattern and recognizing an opportunity for some increased development potential. He stated FA-1
(one unit per 2.29 acres ) would represent about .4 units per acre. He stated there was an option to
recognize that full large lot or future development potential up to a maximum of half -acre lots.
Mayor Hutchinson asked for confirmation that staff supported the UE option. Wray replied in the
affirmative. He stated the new Rural Lands zoning would be considered for future zoning around
the Fossil Creek Reservoir buffer area, the Carpenter Road area where the City wanted to protect the
airport critical area and corridor area, the Wildflower Subdivision near Trilby and Taft, and a parcel
in the northwest corner of the Growth Management Area containing existing County parcels.
Mayor Hutchinson asked if this was therefore not one of the specific areas that staff felt would be
appropriate for the new Rural Lands zoning. Wray stated staff did not feel that the new zoning
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would be appropriate in this case. Greg Byrne, CPES Director, stated the County's FA-1 zoning was
a 100,000 square foot lot and that those lots were often on septic tanks. He stated when property was
annexed into the City it generally came onto City services. He stated UE zoning would allow the
maintenance of half -acre lots and increased development potential to help offset the cost ofproviding
full urban services.
Mayor Hutchinson asked the City Attorney to summarize the Council's responsibilities on this
agenda item. City Attorney Roy stated Resolution 2005-068 would find that the property was
eligible for annexation under the State criteria. He stated the Ordinance No. 068, 2005 would annex
the property and that Ordinance No. 069, 2005 would zone the property. He noted that there would
be two readings for the annexation and zoning ordinances. He stated State law permitted the
annexation of a property and a delay of up to 90 days to place the property in a zone district.
Mayor Hutchinson noted that he understood that the applicant wanted to make a statement.
Michael Chalona, Land Images, Inc., representing the applicant, stated the applicant was requesting
LMN zoning. He presented visual information relating to the project and its surroundings. He stated
the Comprehensive Plan allowed for annexation and amendments to be made to zoning. He stated
there had been a change in the character of this area since the last amendment to the framework plan
in 2000. He stated approval of LMN zoning would create better connectivity of streets, walks and
utility extensions. He stated the Comprehensive Plan was a guide to decision making and needed
to be reviewed, revised and updated on an as needed basis. He stated this was a case requiring such
a change. He stated the LMN zone district was divided by an arbitrary fence line. He stated staff s
report indicated that edges typically consisted of major streets, drainageways, irrigation ditches,
railroads, train tracks and major physical features such as Strauss Cabin Road or the Fossil Creek
inlet ditch. He stated there should be that kind of zone district definition instead of a fence line. He
presented aerial images showing the character change of the area from 1999 to the present. He stated
the Comprehensive Plan should be updated in this area because of the change in character. He
showed an image of Observatory Village and the fence line referenced above. He stated a number
of projects had been approved in the area, including Brookfield (Morningside Townhomes) and
Willow Brook 2nd Filing, a higher density LMN development that would transition and buffer from
the higher density Morningside development to the single-family residential development of
Observatory Village. He stated there was stubbing of roads into the UE zoned projects. He showed
visual information relating to the LMN zoning surrounding the project and Harmony Corridor on the
north. He stated the project to the south of Kechter Road was about 50 acres and would add about
200 houses to the south of the strips of UE lots, essentially creating an enclave. He stated the major
division line between the zone districts should be a physical feature rather than a fence.
("Secretary's Note: The Council took a brief recess at this point for the benefit of the stenographer.)
Mayor Hutchinson noted that there was some confusion in informing the applicant about the amount
of time available to speak. He stated Council would give five more minutes to Mr. Chalona to speak
on behalf of the applicant.
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Mr. Chalona stated the property south of Kechter Road was designated LMN zoning and that 200
houses would be developed. He stated there was multifamily housing to the north with zero buffer
or setback and higher density LMN just to the west. He stated City staff was working on amending
the Growth Management Area boundary in the Fossil Creek Plan. He stated this could be an
opportunity to look at this one particular parcel. He stated it would make sense to have a minor
collector (Rock Creek Drive) running through and dividing this property, with LMN zoning in the
north half and Rock Creek Drive becoming the zone district divider. He stated LMN zoning would
be compatible with the greater neighborhood of Morningside and Observatory Village as well as the
seven lots along Strauss Cabin Road. He stated LMN would provide a greater landscape buffer,
while UE zoning would mean 7-8 houses backing up to the south property line. He stated there
would be a "domino effect" with LMN zoning only if the current resident chose to sell the property.
He stated LMN zoning would allow for a better profit if the current resident chose to sell. He stated
realtors and developers had expressed concern that UE zoning would mean multifamily housing
buildings 25 feet from the property line. He stated a petition had been presented to the Council with
48 signatures from Morningside and Observatory Village. He stated a majority of those individuals
lived right next to this site and would welcome the greater benefit of the extension of Rock Creek
Drive. He noted that those individuals had no objection to the annexation or to LMN zoning. He
stated the immediate neighbors to the south had no objection to the annexation and zoning to LMN.
He asked that the Council approve LMN zoning because of the change of character in the area since
the plan was originally amended in 2000, the extension of the minor collector (Rock Creek Drive),
the support of the immediate neighbor to the south, the support of neighbors of Morningside and
Observatory Village, the pending amendment of the Fossil Creek Map, and the economic benefits
of having new residents who would pay building permit fees and taxes. He asked for approval of
the annexation and zoning to LMN.
Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adopt Resolution
2005-068. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson,
Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Roy made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance
No. 068, 2005 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Kastein made a motion, seconded by Councilmember Brown, to adopt Ordinance
No. 069, 2005 on First Reading.
Councilmember Kastein stated this would zone the property UE. He stated this would work as the
Structure Plan intended to feather densities.
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Councilmember Manvel stated he would abstain on the vote on this motion because he was not
present for the entire discussion on this issue. He stated he would watch the tape of the meeting
prior to Second Reading and hoped to be prepared to vote on the Ordinance at that time.
Councilmember Ohlson stated he would support the motion because of the feathering aspect of the
plan.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Ohlson, Roy and Weitkunat. Nays: None. (Councilmember Manvel abstained)
THE MOTION CARRIED
Ordinance No. 070, 2005,
Making Various Amendments to the
City of Fort Collins Land Use Code, Adopted on First Reading
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
Staff has identified a variety of proposed changes, additions and clarifications in the Spring
biannual update of the Land Use Code. On May 19, 2005, the Planning and Zoning Board
considered the proposed changes and voted 6-0 to recommend approval of the proposed changes
to City Council. The Board then voted 5-1 to recommend to Council that staff be directed to
reexamine the neighborhood compatibility criteria related to Small Scale Reception Centers. These
actions are summarized in the attached memo.
BACKGROUND
The Land Use Code was first adopted in March of 1997. Subsequent revisions have been
recommended on a biennial basis to make changes, additions, deletions and clarifications that have
been identified in the preceding six months. The proposed changes are offered in order to resolve
implementation issues and to continuously improve both the overall quality and "user friendliness "
of the Code.
Attachments include a summary of the Planning and Zoning Board's action and a summary of all
the issues as well as the draft Ordinance itself
In addition, at the March 22 work session, Council requested three additional items. First, a report
on Parking Flexibility is provided in response to the question on finding two specific commercial
parking code standards that could be applied on a flexible basis. Second, a diagram is provided
indicating how increasing the number of dwelling units per building in the L-M-Nzone beyond the
present maximum ofeightto twelve could create additional open space or largeryards. Third, more
information is provided on the C-L, Limited Commercial zone district. "
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City Manager Atteberry introduced the agenda item.
Ted Shepard, City Planner, stated this was the spring 2005 Land Use Code update and clarification.
He stated staff was responding to tasks assigned at the March 22 City Council Work Session. He
stated the Planning and Zoning Board was asking the City Council to direct staff to take a look at
the access criteria for small scale reception centers in the Urban Estate zone. He stated staff would
be available to answer questions.
Mayor Hutchinson stated each audience participant would have five minutes to speak.
Mike Sollenberger, 3937 Harbor Walk Lane, spoke regarding the possibility of adding a land use
type into the LMN zone. He stated he had recently done the Maple Hill project east of the Country
Club consisting of 160 acres of LMN and that a need was found to amend the building type to allow
for 12 units per building and three stories. He stated the primary reason for this change was
affordability. He stated this would also be desirable from an open space point of view. He stated
in this specific example that he was not asking for an increase in density and that the overall density
would still be 12 dwelling units per acre. He stated the change would be to include those in 16
buildings instead of 24 buildings. He stated building a third story on a two-story structure would
drop the overall cost per square foot for all of the units by 15-20+ percent depending on the structure.
He stated this would also add some "interest" to what could be built. He asked that Council ask staff
for a study of this matter for the fall land use changes.
Mark McCallam, 5344 Copernicus Drive, supported the potential Code modification to increase the
number of units from eight to 12 or greater within the LMN zone. He stated this change would be
good for Observatory Village and the LMN zone. He stated five distinct housing types were offered
in Observatory Village. He stated with the Code change there would 11 acres in the northwest
corner of Observatory Village that could be used for senior housing to add diversity to the
demographics of the development. He stated the proposed Code change would allow developers to
get more creative. He asked that Council go forward with a Code change to allow more units per
building in the LMN zone.
Len McBroom, president of McBroom Company, 820 16ih Street, Denver, stated Fort Collins was
one of the top markets suggested for senior housing. He stated he had a new senior housing concept
that did not yet exist in the City. He stated this new concept was 100% independent living that
focused on "extending wellness" for independent, healthy seniors. He stated many seniors would
relocate here to be near caregiver family members. He stated he would partner with Village Homes
of Colorado on this new concept. He stated a market study had been completed and that a concept
meeting had been held with staff. He stated staff indicated that the project was in the LMN zone
across the street from the Harmony Corridor and the new Fossil Ridge High School. He stated he
favored the proposed land use change to increase the number of units allowed per building in the
LMN zone. He stated the proposed development would be 80 apartments in a three-story building
with interior corridors, elevators, and attached and detached parking. He stated the overall density
would be no more than 12 per acre for the whole community. He stated the project would create a
connection between the family environment and the high school. He stated "volunteerism and
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community service would be a huge component" of this concept. He stated the benefits to the
community were a desirable new housing type, compatibility with the LMN zone once the
modification was made to the existing Code, and a project that would meet a need in the City. He
stated the benefit to the applicant would be a more efficient process to bring this concept to the
marketplace and more efficient operation of the project.
Dennis Houska, 1114 Clubview Terrace, Choice Towing, stated he was interesting in being able to
add towing to the CL zone. He stated the business had to be relocated after the company's name was
changed to Choice Towing because towing was no longer considered to be an extension of the
business. He stated he would like the ability to run his auto repair and towing business in the CL
zone.
Councilmember Ohlson asked about item #686 referenced by Mr. Houska and whether something
was being done with regard to the change and whether it matched what was being requested.
Shepard stated the proposed change matched what was being requested by Mr. Houska and was
included in the proposed change as #686.
Councilmember Ohlson asked if the fall Code changes would be made in approximately six months.
Shepard stated staff would begin working on the changes late in July and that the changes would
ultimately be brought to the Council in November or December.
Councilmember Ohlson asked if 12-unit buildings were allowed in other zones. Shepard replied in
the affirmative.
Councilmember Ohlson noted he did not want staff to "rush" the change to the LMN zone since
changes could be made at times other than the fall changes. Shepard stated changes could be done
out of sequence at times other than the spring and fall package changes.
Councilmember Brown asked if there would a study presented to Council regarding the 12-plex
change in the LMN zone and the impact on transportation and parking. Shepard stated each project
would be responsible for a transportation impact study and providing the minimum required parking.
Councilmember Weitkunat asked if staff needed direction from Council on whether to incorporate
the 12-plex LMN issue in the fall change package. Shepard replied in the affirmative.
Councilmember Weitkunat stated she would like staff to take a look at the issue of 12-plexes in the
LMN zone for the fall Code change cycle because of affordable housing issues and the need for
senior housing. She stated the Land Use Code was a "living document" that changes to reflect the
needs of the community.
Mayor Hutchinson asked if three or more Councilmembers wanted to provide direction for staff to
look at the 12-plex issue for the fall Code changes. He stated he would support this study.
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Councilmember Kastein stated he would support the study for the next cycle. He asked why the
Council must give such direction at this point in the process. Shepard stated staff took this matter
to the Planning and Zoning Board in April and the Board was not comfortable with proceeding on
the matter.
Councilmember Kastein stated he would support the study and that the three-story issue would have
to be discussed. He stated he had questions about the process that might be a policy agenda issue.
He asked what would happen if Council wanted to direct a more comprehensive look at the Land
Use Code in some particular areas such as density requirements, parking requirements, distance
requirements, etc. He asked if the process as currently structured would work for all of those kinds
of things or whether Council would need to express an interest in a dialogue on specific areas.
Shepard stated it was helpful to hear from Council directly when dealing with substantive policy
changes. He stated the Land Use Code team worked on "continuous improvement' changes to the
Code. Greg Byrne, CPES Director, stated if three or more members of the Council wished to direct
staff to look at a specific area that it would be helpful to have input from Council on concerns to help
guide staffs work.
Councilmember Manvel stated the affordability aspect made this appealing. He stated he would
support a review of the 12-plex LMN issue.
Councilmember Roy stated he was interested in how the concept and design presented by the
developers would integrate with open space features and what the architectural standard would be.
He stated he was also interested in seeing schematics for the Lakewood project referenced by one
of the developers (the Concordia project).
Councilmember Ohlson stated he would support the 12-plex study. He noted that the eight-plexes
were just added to the LMN zone with mass, scale and aesthetic conditions. He stated this would
be a "quantum leap" and that he did not want to imply that a decision had already been made on the
12-plex change. He stated he was open to a study and to considering new building types for
environmental reasons. He noted that "cost did not equal price" on projects and that he was not in
favor of the study for affordability reasons since there was no evidence that the change would save
anyone who lived there any money. He stated the issue should be looked at from an urban planning
standpoint. He stated if this was brought forward that there should be very strict guidelines and high
standards.
City Manager Atteberry stated staff would bring back an informed recommendation that would look
at other examples and additional criteria.
Mayor Hutchinson asked if this should be discussed at a Work Session or whether staff had enough
guidance to proceed with a study. Byrne stated he believed that there was an interplay between the
issue of density mentioned by Councilmember Kastein and the 12-plex issue. He stated it could be
helpful to discuss this at a Work Session before staff proceeded with its work.
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Councilmember Weitkunat stated she would like to proceed with the decision on the Code changes
that had been brought forward at this time.
Mayor Hutchinson stated he understood staff would like to have a brief Work Session discussion on
the issues that had been brought up. City Manager Atteberry stated the next available Work Session
would not be until September. He suggested giving staff time to look at the agenda schedule.
Mayor Hutchinson suggested that staff outline the process and the issues heard via e-mail.
Councilmember Ohlson stated it appeared that the Council favored studying the matter provided the
"bar was raised" as far as design. He suggested the staff work could proceed on the 12-plex issue
separate from any discussion on density. City Manager Atteberry stated the CPES Director was
indicating that it would be helpful to have a Work Session discussion because of the increased
building size and how that would relate to density. He stated staff could proceed with the work
without a Work Session discussion if that was Council's direction.
Councilmember Roy stated this seemed to be two separate discussions: (1) the higher standard for
architecture, open space tie-in and the height in the zone, and (2) density. Byrne stated staff could
provide an e-mail regarding staffs understanding of the scope of the staff work.
Mayor Hutchinson stated the consensus was to proceed as outlined by the CPES Director.
Councilmember Weitkunat stated there was a 35-acre strip involved with the CL zone issue. She
stated outdoor storage would be allowed as a permitted use in the CL zone with the Code change.
She stated this implied that any place along the 35-acre strip could put in outdoor storage. Shepard
stated outdoor storage would be a permitted use zone district wide.
Councilmember W eitkunat asked ifthe outdoor storage would be defined as a "towing impound lot."
Shepard stated a separate definition of outdoor storage was created for this zone and that there were
limits so that the definition would not include auto salvage. He stated this permitted use as defined
would be the only type of outdoor storage allowed in the CL zone.
Councilmember Weitkunat expressed a concern that there could be a proliferation of outdoor
impound lots along Riverside Drive. Shepard stated the Land Use Code would permit that.
Councilmember Kastein made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 070, 2005 on First Reading.
Councilmember Kastein stated he looked forward to Council's policy agenda discussion and that he
would be making suggestions relating to the Land Use Code (density, parking, separation
requirements) and that he would be asking for a more comprehensive outreach. He stated he
supported the amendments that were before the Council at this time.
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Mayor Hutchinson stated the policy agenda discussions would be important. He stated he would be
looking for Council interest in adding some administrative flexibility to the administration of the
Land Use Code.
Councilmember Roy stated he would be interested in giving stakeholders a chance to provide
feedback on the policy agenda. He noted that the Council would discuss the policy agenda on
Monday, June 20.
Councilmember Ohlson stated he would look forward to being an "alternative viewpoint" to some
of the Land Use Code changes that could emerge during the policy agenda discussion. He stated the
"ultimate stakeholders" were the citizens of Fort Collins. He urged the Council to proceed
cautiously with changes to the Land Use Code.
Mayor Hutchinson stated this Council would be discussing the policy agenda in an open session that
would be televised on Monday, June 20.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Other Business
Councilmember Weitkunat made a motion, seconded by Councilmember Brown, to cancel the June
21, 2005 City Council meeting due to the Colorado Municipal League Conference. The vote on the
motion was as follows: Yeas Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy
and Weitkunat. Nays: None.
THE MOTION CARRIED
Adjournment
The meeting adjourned at 9:10 p.m. G�a�
Mayor
ATTEST:
City Clerk
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