HomeMy WebLinkAboutMINUTES-08/15/1995-RegularIAugust 15,1995
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
An regular meeting of the Council of the City of Fort Collins was held on Tuesday, August 15,
1995, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey, Smith
and Wanner. Councilmember Absent: None.
Staff Members Present: Jones, Krajicek, Roy.
Agenda Review
Mary Lou Hostetler, President of the Board of Directors of Pioneer Mobile Home Park,
requested that $5,000 be allocated from the General Fund to Neighbor to Neighbor to assist in
administrative costs for the relocation of Pioneer Mobile Home Park.
' Yolanda Nicely, 300 Harmony Road, presented the details of the Pioneer Relocation program.
Mike Nicely, 300 Harmony Road, spoke of the goals and objectives of the relocation program.
Rusty Collins, Executive Director of Neighbor to Neighbor residing at 4724 Cliffview Lane,
urged Council to support the program.
Citizen Participation Follow-up
r
Mayor Azari stated she met with Mr. Nicely earlier and stated the proposal should be taken
under advisement and requested that a recommendation be brought back to Council at the
September 5 regular meeting.
Councilmember McCluskey responded to the above stated concerns and stated he supported
staff looking at the proposal.
Councilmember Kneeland questioned the Housing Authority's role.
Agenda Review
Interim Deputy City Manager Frank Bruno noted that there mere two optional versions of Items
' #24, Items Relating to Eastside and Westside Neighborhood Guidelines.
249
August 15, 1995
***CONSENT CALENDAR*** I
This Calendar is intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may
request an item on this calendar to be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar by the Public will be considered separately under
Agenda Item #20, Public Pulled Consent Items.
• •• • • • • �. • : �' 1-111109=J1
FORTRINVINAWN..
8. Second Reading of Ordinance No 103 1995 Amending Section 28-17 of the City of Fort
Collins Relating to Restraint Systems Required For The Protection of Children Riding in
Motor Vehicles Under the "Model Traffic Code for Colorado Municipalities." 1977 Edition,
Currently, Sec. 20-18 of the City's Model Traffic Code sets forth the provisions of C.R.S. 42-
4-236 as they existed prior to these 1995 amendments. Consequently, if an individual is
stopped by a Fort Collins police officer for speeding and it is discovered that any child in the
vehicles is not in a required child restraint system or seat belt, the officer must now write the
ticket for the child restraint violation into County Court and the speeding ticket into Municipal '
Court. In doing so, the officer is issuing "split tickets", where the defendant is required to
appear on two separate dates in two separate courts. This Ordinance, which was unanimously
adopted on First Reading on August 1, 1995 amends Sec. 20-18 of the City's Model Traffic
Code and allows for both tickets to be written into Municipal Court.
9. Items Relating to the Third Fisher-Lemay Annexation and Zoning.
A. Second Reading of Ordinance No. 104, 1995 Annexing Property Known as the Third -
Fisher Lemay Annexation.
B. Second Reading of Ordinance No. 105, 1995 Amending the Zoning District Map
Contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property
Included in the Third Fisher-Lemay Annexation to the City of Fort Collins.
Ordinance No. 104 and Ordinance No. 105, 1995, which was unanimously adopted on First
Reading on August 1, 1995 will annex and zone approximately 39.42 acres located on the east
side of Lemay Avenue, south of Lincoln Avenue, approximately 900 feet north of Mulberry
Street. The requested zoning is B-P, Planned Business, with the P.U.D. condition. The
property is presently undeveloped and zoned Industrial and Commercial in the County. The
applicant is required to annex as per the INTERGOVERNMENTAL AGREEMENT FOR
THE FORT COLLINS URBAN GROWTH AREA. '
250
1
August 15, 1995
10. Items Relating to the Snyder Annexation and Zoning,
A. Second Reading of Ordinance No. 106, 1995, Annexing Property Known as the Snyder
Annexation.
B. Second Reading of Ordinance No. 107, 1995, Amending the Zoning District Map
Contained in Chapter 20 of the Code and Classifying for Zoning Purposes the Property
Included in the Snyder Annexation to the City of Fort Collins.
Ordinance No. 106, 1995 and Ordinance No. 107, 1995, were unanimously adopted on First
Reading on August 1, 1995 will annex and zone approximately 4.01 acres located at the
northeast comer of the intersection of West Vine Drive and North Shields Street. The zoning
petition states that the applicant requested that the entire property be zoned C, Commercial
with a condition that the permitted uses be limited to gas stations and those uses permitted in
the B-L, Limited Business Zoning District. However, the applicants have agreed to support
the staff and Planning and Zoning Board recommendation that the northern 2.28 acres be
zoned R-L, Low Density Residential (no P.U.D. condition) and that the southern 1.73 acres
be zoned C, Commercial with a P.U.D. condition.
11. Second Reading of Ordinance No 108 1995 Authorizing the Mayor to Execute an Easement
Agreement in Favor of the Colorado Department of Transportation
As part of the North College Bridge Project negotiations, CDOT sold Parks and Recreation
a parcel adjacent to the northeast corner of the bridge to be used as open space. Prior to the
City's purchase from CDOT, there was an existing easement on the property. CDOT did not
retain this easement on the Warranty Deed.
Ordinance No. 108, 1995 was unanimously adopted on First Reading on August 1, 1995 and
grants an easement by CDOT for access and maintenance of a drainage pipe, highway slope
and subjacent road support for the new North College Bridge.
12. Items Relating to Membership on the Transportation Board.
A. Second Reading of Ordinance No. 109, 1995, Amending Section 2-427 of the City Code
to Increase the Membership of the Transportation Board.
Ordinance No. 109, 1995, which was unanimously adopted on First Reading on August 1,
1995 increases the membership of the Transportation Board from 9 members to 11 members.
B. Resolution 95-116 Making Appointments to the Transportation Board.
251
August 15, 1995
This Resolution appoints two individuals to the additional positions on the Transportation ,
Board created by adoption of Ordinance No. 109, 1995. These appointments are effective
August 25, 1995, ten (10) days following second reading of Ordinance No. 109, 1995.
Councilmembers Smith and Janett recently interviewed applicants for the Transportation
Board and are recommending Timothy Johnson and Alan Beatty to fill the additional positions
with terms to expire July 1, 1998 and July 1, 1999 respectively.
• • 8 : • • • . • I�LII. ilihTi7iGSTiM- 10.7u . • • :i, I • ? 'Q
u • u•
The City of Fort Collins Water Utilities ("Utility") currently charges Symbios Logic Inc.
("SLP') for water service based on the rate schedule for non-residential customers, as
established in Sec. 26-127 of the Code of the City of Fort Collins. Utility staff recently
collected and analyzed water usage data for SLI. The analysis, which included developing
estimates of maximum daily and hourly water usage, suggests that SLI should be assessed a
lower volume charge. SLI exhibits significantly lower maximum daily and hourly service
requirements than other non-residential customers with 3-inch meters. The proposed rate is
based on actual water consumption patterns in accordance with the Utility's cost of service
approach to determining rates. Ordinance No. 110, 1995 was unanimously adopted on First
Reading on August 1, 1995. ,
14. First Reading of Ordinance No. 111. 1995. Amending Section 2-34 of the Code of the City
of Fort Collins Regarding the Place of Posting of Public Notices
Council has adopted Ordinance No. 91, 1992, establishing the place for posting of public
notices in the second floor hall lobby of City Hall West.
The lobby of City Hall West has now been remodeled and provision made for bulletin boards
located at the Information Desk. This location will provide a more accessible location for
posting of meeting notices.
The Ordinance would designate the Information Desk bulletin boards as the official place for
posting of public notice of any meeting of the Council or Council Committees for which
public notice is required to be given.
Purposes.
Resolution 95-117 authorizes the purchase of 139 acres of land for public natural area
purposes. Located east of Taft Hill Road, and north of the existing Cathy Fromme Prairie, the
land would be added to the existing natural area. The acquisition furthers the adopted goals '
252
August 15, 1995
' and objectives of the Natural Areas Policy Plan, the Parks and Recreation Master Plan, and
the Plan for the Region Between Fort Collins and Loveland.
16. Resolution 95-118 Setting the Dates of the Public Hearings on the 1996 Proposed City of Fort
Collins
The Charter requires that the Council set a date for the public hearing on the proposed 1996
City budget. This Resolution sets the hearing date for the Council meeting of September 19,
1995 and, in an effort to receive further public input, sets an additional hearing date for the
October 3, 1995 Council meeting.
17. Resolution 95-119 Making an Appointment to the Multicultural Commission
A vacancy currently exists on the Multicultural Commission due to the resignation of one of
the City's representatives, Linda Beardsley. Mayor Azari and Councilmember Kneeland
reviewed the original pool of candidates for the Commission and are recommending Holly
Sample be appointed to fill the vacancy.
18. Resolution 95-121 Making Appointments to the Housing Authority.
' A vacancy currently exists on the Housing Authority due to the resignation of Joann Langlie.
Councilmember Wanner and Mayor Azari are recommending that Peggy Haller, currently a
community advisor to the Housing Authority, be appointed to fill the vacant term which
expires June 30, 1996. In addition, the interview team is recommending Kevin Priest be
appointed to fill the community advisor position, with a term to expire June 30, 1997.
19. Routine Easements.
A. Easement from Soukup Investments LTD. Liability Company, needed to construct a
sidewalk at the northwest comer of Birch and Shields. Currently a sidewalk does not
exist at this location. Monetary consideration: $10.
B. Power line Easement from Adelle L. Johnson and Maxine and James Buckmaster, 210
Walnut, needed to underground existing overhead electric services. Monetary
consideration: $200.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of Ordinance No. 103. 1995 Amending Section 28-17 of the City of Fort
Collins Relating to Restraint Systems Required For The Protection of Children Riding in
Motor Vehicles Under the "Model Traffic Code for Colorado Municipalities." 1977 Edition,
253
August 15, 1995
9. Items Relating, to the Third Fisher-Lemay Annexation and Zoning, '
A. Second Reading of Ordinance No. 104, 1995 Annexing Property Known as the Third -
Fisher Lemay Annexation.
B. Second Reading of Ordinance No. 105, 1995 Amending the Zoning District Map
Contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property
Included in the Third Fisher-Lemay Annexation to the City of Fort Collins.
1 11 : 1 • • :1I •1 .04 11
A. Second Reading of Ordinance No. 106, 1995, Annexing Property Known as the Snyder
Annexation.
B. Second Reading of Ordinance No. 107, 1995, Amending the Zoning District Map
Contained in Chapter 20 of the Code and Classifying for Zoning Purposes the Property
Included in the Snyder Annexation to the City of Fort Collins.
12. Second Readine of Ordinance No. 109, 1995, Amending Section 2-427 of the City Code to
Increase the Membership of the Transportation Board. I
13. Second Reading of Ordinance No 110 1995 Authorizing the Mayor to Enter Into a Water
Services Agreement with Symbios Logic Inc.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
A. First Reading of Ordinance No. 112, 1995, of the Council of the City of Fort Collins
Adopting the 'Neighborhood Character Design Standards and Guidelines for the Eastside
and Westside Neighborhoods in Fort Collins".
B. First Reading of Ordinance No. 113, 1995, Amending the Code of for the Purpose of
Making the Enforcement of the 'Neighborhood Character Design--Standards—and--
Guidelines for the Eastside and Westside Neighborhoods in Fort Collins" Applicable to
Construction on Landmarks and in Landmark Districts, New Construction and Increases '
254
August 15, 1995
' in the Floor Area of Buildings in Areas Governed by Said Standards and Guidelines and
for the Purpose of Providing a Method of Appeal of Staff Decisions Pertaining Thereto.
Councilmember Wanner made a motion, seconded by Councilmember McCluskey, to adopt and
approve all items not removed from the Consent Agenda. Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Staff Reports
Interim Deputy City Manager Frank Bruno gave a brief update on a recent meeting he attended with
Communities in Schools Board.
Councilmember Reports
Councilmember Kneeland stated she would be meeting with Cultural, Library and Recreational
Services Director Mike Powers to discuss library options. She reported that the Discovery Center
would be requesting Council assistance with outreach in school science clubs.
' Councilmember Janett noted dates for the public hearings on the Budget have been set. She reported
that two additional panels have been added to the Council Information Center displaying the natural
area purchases between 1993-1995.
Councilmember Apt spoke of a funding request from the Natural Resources Advisory for the
Gateway Park, and stated he would address that issue under the Other Business portion of the
meeting. He stated the Growth Management Committee recently discussed the Foothills Policy.
Councilmember Kneeland stated the Organizational Development Task Force met and discussed the
City Dialogue process and strategies.
Mayor Azari spoke of an upcoming Cultural and Arts Program.
Resolution 95-120
Authorizing Funding for
Affordable Housing Projects
through the HOME Program of the
Department of Housing and Urban Development Adopted
The following is staff's memorandum on this item.
255
August 15, 1995
"Financial Impact
This action approves funding for affordable housing projects through the HOME Program. As a
Participating Jurisdiction in the HUD HOME Program, the City was allocated $425,000 in Federal
HOME funds plus $75,000 in State HOME funds for a total program amount of $500,000 in FY
1994. For FY 1995, $455,000 will be available after October 1, 1995. A total of $175,000 is
requested for disbursement which would be used to develop three separate projects providing a total
of 52 new units of affordable housing within Fort Collins.
Executive Summary
In May of 1994, the City of Fort Collins received designation as a Participating Jurisdiction in the
Housing and Urban Development (HUD) HOME Program. The intent of the HOME Program is to
expand the supply of decent, safe, sanitary, affordable housing in the community, to strengthen the
ability of local government to provide housing, and to expand the capacity of nonprofit community -
based housing development organizations to provide affordable housing. Funding requests for the
Fort Collins HOME program are received on an ongoing basis and reviewed by the CDBG
Commission which then provides a recommendation for funding to Council. The City of Fort Collins
HOME program has received three applications requesting HOME grants loans. These projects
would add 52 new units of affordable housing to the City and are as follows:
1
CARE, Inc. has requested a $190,000 grant for a project on West Swallow which would build '
48 affordable housing units. The request included $90,000 from general project funds and
$100, 000from funds reserved for Community Housing Development Organizations (to be
used to build the capacity of non -profits in developing affordable housing). The CDBG
Commission has recommended that CARE receive $100,000 reserved for Community Housing
Development Organizations from FY94 funds
2. The Fort Collins Housing Authority has requested a $50,000 grant for a project which will
relocate and rehabilitate an existing modular duplex structure at 221 Third Street in the
Buckingham neighborhood. This project would provide two 3-bedroom affordable
apartments. The CDBG Commission recommends a funding level of $50, 000 for this project
from FY95 funds.
3. The Fort Collins Housing Authority has requested a $50,000 grant for a project which
combines new and rehabilitated construction to create two affordable rental units at 2240
West Mulberry. This involves relocating a 4-bedroom structure from 618 N. College and
adding a 2-bedroom garden level unit to the existing structure. The CDBG Commission
recommends funding $25, 000 for this project from FY95 funds.
WIV
August 15, 1995
BACKGROUND:
The HOME Program was authorized by the National Affordable Housing Act of 1990 to provide
funds for a variety of housing -related activities which would increase the supply of decent, safe,
sanitary and affordable housing, primarily rental housing. City Council approved the City's
participation in the HOME Program in March of 1994, and on May 26, 1994, HUD notified the City
of the official awarding of a HOME Investment Partnerships Program grant. Designation as a
Participating Jurisdiction in the HOME Program is similar to being an entitlement community in
the CDBG Program; that is, the City will continue to receive an allocation of HOMEfunds in future
years provided Congress re -authorizes and funds the program.
The HOME appropriation for FY94 consisted of $425,000 from HUD and $75,000 in matching
funds from the State of Colorado HOME Program funds for a total of $500,000. The 1995
allocation will be available after October 1, 1995, and will consist of $455,000 from HUD. City
Council approved Ordinance No. 127, 1994, on September 6, 1994, appropriating unanticipated
revenue of $500,000 from the Department of Housing and Urban Development and the Colorado
Division of Housing for the HOME Program. Procedures to implement the HOME program were
approved by Council on March 21, 1995. Proposals for HOME funding are judged on the basis of;
' (1) verification of applicant and property eligibility,
(2) conformance with the housing priorities contained in the City's HUD- approved
Consolidated Plan or CHAS, whichever is in force at the time,
(3) the applicant's ability to abide by the conditions of the contract, and
(4) project feasibility.
Applications received by the HOME Program in April and May of 1995 were reviewed by the CDBG
Commission on July 13, 1995 and funding was recommended as follows:
CARE, Inc. has requested a $190,000 grant for a project on West Swallow which would build
48 additional affordable housing units. The request included $90,000 from general project
funds and $100,000 from finds reserved for Community Housing Development Organizations
(to be used to build the capacity of non -profits in developing affordable housing). Total cost
of the project is $3,755,612 with proposed funding of $96,000 in Cityfee rebates, $225,000
(approved) from the City's CDBG funds, $190, 000 proposed from the City's HOME funds,
$800,000 from the State's HOME funds, $120,000 through a bank loan, $100,000 through
private foundations, $1,654,612 (approved)through tax credits, $550,000 in permanent
financing and $20,000 through fundraising. The CDBG Commission has recommended that
CARE receive $100,000 reserved for Community Housing Development Organizations from
FY94 funds. The applicant has met all criteria for HOME funding.
257
August 15, 1995
2. The Fort Collins Housing Authority has requested a $50,000 grant for a project which will '
relocate and rehabilitate an existing modular duplex structure at 221 Third Street in the
Buckingham neighborhood to provide two new 3-bedroom affordable apartments. Total
project cost is $97,826 with funding of $30,000 through a loan, $17,376 (approved) through
CDBG funds, $50,000 (proposed) through HOME funds and $450 in equity. The CDBG
Commission recommends funding $50,000 for this project from FY95 funds. The applicant
has met all criteria for HOME funding.
3. The Fort Collins Housing Authority has requested a $50,000 grant for a project which
combines new and rehabilitated construction to create two affordable rental units at 2240 W.
Mulberry. This involves relocating a 4-bedroom structure from 618 N. College and adding
a 2-bedroom garden level unit to the existing structure. Total cost of the project is $105,311
with funding of $20, 800 (approved) through CDBG funds, $50,000 through City HOME funds
and $34,511 from owner equity and financing. The CDBG Commission recommends funding
$25,000 for this project from FY95 funds. The applicant has met all criteria for HOME
funding. "
HOME Program Administrator Julie Smith gave a brief staff presentation. She clarified how the
price per square foot was calculated, noting information was obtained from several local multi-
family housing developers.
Director of Building and Zoning Felix Lee responded to questions regarding costs per square foot. I
Dan MacArthur, Chair of the CDBG, spoke of possible changes that could improve the process in
the future. He stated that there is not much room for change due to the majority of the criteria being
mandated.
Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt Resolution
95-120.
Executive Director of the Housing Authority Rochelle Stephens thanked Julie Smith for all of her
assistance and requested Council reconsider the Housing Authority's full funding request.
Sister Mary Alice Murphy, representing CARE Housing and residing at 1712 Erin Court, thanked
the City for the allocation of funds both through the HOME program and CDBG funds. She spoke
of the need for additional funds to complete the project and asked Council for additional funding.
Terry Wahl, 1724 Glenwood Drive and CARE boardmember, spoke of how tax credits are
calculated.
Susan Neighbors, 1001 Strachan Drive and CARE boardmember, urged Council to consider the
board's request for additional funds. She spoke of how and why rents are increased. '
258
August 15, 1995
Libby Glass, Development Project Coordinator and Project Manager for W.W. Reynolds Co.,
requested that Council reconsider the original full request of $150,000 for the CARE Housing
Project on west Swallow Road.
Tim Yokem, 430 Butch Cassidy Drive, spoke of how CARE Housing has helped his family.
Betty Maloney, 1309 City Park Avenue, representing the Larimer County Affordable Housing Board,
urged full funding for the Housing Authority and CARE housing projects.
Mike Nicely, 300 Harmony Road, urged full funding for both housing projects.
Lou Stitzel, 521 E. Laurel, spoke in support of full funding of both projects.
Councilmember Smith clarified that $300,000 has been allocated for construction and other projects
out of 1994 funds and reported an additional $318,500 would be allocated in 1995. He suggested
the item be sent back to the CDBG to review additional information that has become available.
After lengthy discussion, Mr. MacArthur stated it would be acceptable to send the item back to the
CDBG for review.
' Stephens spoke of the long waiting lists for affordable housing and expressed concerns regarding
timing.
Sister Mary Alice Murphy stated it was difficult to present a funding request within the 5 minute
time limit.
Councilmember Janett noted the subsidy per unit and cost per square footage was considerably lower
for both Housing Authority projects. She commented that those projects did not come with
conditions attached, which she felt was desirable.
Councilmember Janett made a motion, seconded by Councilmember Wanner, to amend Resolution
95-120, Section 3 increasing the amount from "$25,000" to "$50,000" to the Fort Collins Housing
Authority for the 2240 West Mulberry project.
Councilmember McCluskey stated he supported the recommendation of the CDBG and opposed the
motion. He expressed concerns regarding the difference in the cost per unit.
Councilmember Janett opposed considering the items in sequential order. She stated there was a
possibility that the funds would be spent in the meantime another worthwhile, affordable housing
project might come along. She stated it was difficult to incorporate affordable housing in
neighborhoods and commented on the need to spread affordable housing units throughout the City.
259
August 15, 1995
Councilmember Smith stated he did not support the amendment noting the changes in the proposal '
since it was heard by CDBG.
The vote on Councilmember Janett's amendment to the previous motion was as follows: Yeas:
Councilmembers Azari, Janett and Wanner. Nays: Councilmembers Apt, Kneeland, McCloskey and
Smith.
THE MOTION FAMED.
The vote on Councilmember McCluskey's motion to adopt Resolution 95-120 was as follows:
Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to send the item back
to the CDBG for reconsideration of the CARE Housing proposal with regards to the adjusted totals.
Yeas: Councilmembers Apt, Azari, Janett, Kneeland, Smith and Wanner. Nays: Councilmember
McCluskey.
1 1 u • GWKG :1.11 �10
Items Relating to Eastside ,
and Westside Neighborhood Guidelines No Action Taken
The following is staff's memorandum on this item.
"Executive Summary
A. First Reading of Ordinance No. 112, 1995, of the Council of the City of Fort Collins
Adopting the "Neighborhood Character Design Standards and Guidelines for the
Eastside and Westside Neighborhoods in Fort Collins".
B. First Reading of Ordinance No. 113, 1995, Amending the Code of for the Purpose of
Making the Enforcement of the "Neighborhood Character Design Standards and
Guidelines for the Eastside and Westside Neighborhoods in Fort Collins" Applicable to
Construction on Landmarks and in Landmark Districts, New Construction and Increases
in the Floor Area of Buildings in Areas Governed by Said Standards and Guidelines and
for the Purpose of Providing a Method of Appeal of Staff Decisions Pertaining Thereto.
The City of Fort Collins has historically been concerned about the future of its older, core
commercial and residential areas. One of the concerns has been that if thequality of life -and- --
character of these neighborhoods is lost due to incompatible development and redevelopment,
it will be impossible to recreate. In response, the City adopted neighborhood plans for the '
260
August 15, 1995
' Eastside (in 1986) and Westside (in 1989) neighborhoods. These plans contain a variety of
policies and implementation actions that seek to enhance the character of these areas. Some
of the actions recommended in these plans have been implemented, including a comprehensive
rezoning of the Eastside and Westside in 1991. In addition, in 1994, the City adopted a plan
for the preservation of historic resources in the community.
Each of these plans contain recommendations that design guidelines and standards be
developed for building renovation and new construction to maintain the character and
uniqueness of these areas. Although there have been a few attempts over the years to prepare
design guidelines for these areas, they were never finished or adopted.
The most recent impetus for the preparation of design guidelines and standards for these
neighborhoods was the adoption of an interim amendment to the Neighborhood Conservation
Medium density (NCH) zoning district which increased the minimum lot size from 4,500
square feet to 5,500 square feet. This amendment was prompted by the development of
secondary residential structures on some of the larger lots in the neighborhoods that were
incompatible with the surrounding neighborhood. The amendment was originally due to
expire at the end of 1994. However, an extension was granted to May 31, 1995. During this
interim period, design guidelines were to be prepared and adopted. Additional extensions
have been granted until September 15, , 1995 to ensure adequate review of the final draft of
' the Design Standards and Guidelines before final action was taken by the City Council.
In October, 1994, the City hired Winter & Company and RNL Design as outside consultants
to assist in the preparation of the design guidelines. In December, a citizen advisory
committee was established consisting of residents of the two neighborhoods, representatives
from the Landmark Preservation Commission and Affordable Housing Board and an at -large
member. A public outreach process was begun with a public workshop in January, 1995. A
total of three workshops were held, one each month in January, February and April. These
workshops included exercises in which the attendees participated in exercises in which
neighborhood character and issues were defined, build -out scenarios were evaluated,
implementation options were ranked and the first draft of the guidelines was reviewed. The
proposed standards and guidelines are the result of the advisory committee's input, citizen
input through the workshops, staff review, Planning and Zoning Board review and the
expertise of the consulting team.
The design guidelines focus on alterations and new construction within the Eastside and
Westside neighborhoods. They address work affecting the exterior of properties as seen from
public ways, which include both streets and alleys. They guide an approach to construction
that will help protect the established character of neighborhoods, while also allowing new,
compatible design. The guidelines focus on promoting a sense of neighborhood identity and
a pedestrian friendly environment that is based on the traditional scale and character of the
two neighborhoods.
261
August 15, 1995
It is also useful to explain the type of alterations and construction that are not subject to '
formal design review:
• Exterior alterations to existing properties that do not increase the building envelope or
that are not visible from the public way, including replacing or installing new windows
and doors, installing new siding and removing architectural features (when the property
is not a locally designated landmark);
• Landscape improvements;
• Parking and Driveway improvements; and,
• Normal maintenance work, including repainting.
The purpose of the standards and guidelines is to provide a basis for making objective
decisions about the appropriateness of proposed work that may affect the character of the
neighborhoods; inform the community and educate property owners about the City's design
policies; and, provide information for decision making by owners, staff and boards and
commissions.
The guidelines will apply to all zoning districts within the neighborhood planning areas '
except the BG - General Business, C - Commercial and CL - Limited Commercial zoning
districts. They do not represent an additional review step in the development review process.
Rather, they represent an additional set of criteria to be used within existing City processes.
In most cases, review will be done by staff from the Current Planning and Advance Planning
staff with referral to the Planning and Zoning Board when required, or by the Zoning
Administrator when a building permit is applied for. For historic and landmark structures,
the guidelines will be reviewed and implemented by the Landmarks Preservation Commission.
In addition to the design guidelines, the consulting team and the Advisory Committee
recognized three areas that have been identified in the neighborhood plans and Historic
Resources Preservation Program Plan as potential local historical/landmark districts: the
Laurel School Historic District, Holy Family neighborhood and the Mountain Avenue area.
That designation has not yet occurred. The consulting team and the Advisory Committee
support these designations. However, it is recognized that the process of designation is staff
intensive requiring a survey of structures in the recommended district, and, as currently
recommended by the Landmark Preservation Commission, a process of contacting property
owners to determine their willingness to be in a landmark district, and public hearings by the
Landmark Preservation Commission and the City Council.
The Landmark Preservation Commission has provided specific recommendations regarding
the local landmark designation process which are included in the attached memorandum. '
262
August 15, 1995
These include a first step of a "reconnaissance" survey of the entire Eastside and Westside
neighborhoods which would result in the identification of potential landmark district
boundaries and properties which would be considered "contributing" structures if the district
designations occur. They have also outlined a proposed process for district designation that
includes a substantial amount of public participation by potentially affected property owners.
CODE CHANGES
Four changes to the City Code are required to allow the Design Guidelines to be fully
implemented:
Section 2-353(4), dealing with the functions of the Planning and Zoning Board must be
amended to allow the Board to hear appeals to administrative decisions made regarding
interpretations of the Design Guidelines;
2. In order for the Design Guidelines to apply to historical landmarks or landmark
districts, Section 14-48 of the Code must be amended. A reference to the Design
Guidelines must be included in the criteria that are reviewed by the Landmark
Preservation Commission (LPC). In addition, the City Attorney's Office recommends
removal of existing criteria that allows the LPC to identify additional criteria "which it
' deems to be in the best interests of the city; "
3. Section 29-5, Permits and Certificate of Occupancy, must be amended to allow the
Building Permits and Inspections Administrator to apply the standards and guidelines
when reviewing building permit applications in the Eastside and Westside
neighborhoods; and,
4. Section 29-41, outlining the duties and powers of the Zoning Board of Appeals (ZBA),
must be amended to clarify that they are not the appropriate Board to hear appeals
regarding the Eastside/Westside Design Guidelines. This function is the responsibility
of the Planning and Zoning Board.
BOARDS AND COMMISSIONS RECOMMENDATIONS
These Design Guidelines have been reviewed, and supported by, the Planning and Zoning
Board, the Affordable Housing Board and the Landmark Preservation Commission.
On May 22, 1995, by a unanimous vote, the Planning and Zoning Board voted to recommend
that the City Council adopt the Eastside/Westside Design Standards and Guidelines. As
conditions to this approval, the Board recommended three additional items:
263
August 15, 1995
An educational program should be developed to include such things as meetings with I
interested groups and brochures summarizing the guidelines and review process;
2. On -going funding be requested for staff training to ensure consistent application of the
Guidelines; and,
3. That the application of the Guidelines be reevaluated after a period of one year and a
report be provided back to the Board.
In addition, the Board passed a second motion recommending that the Council provide
funding during the 1996 budget year to initiate the process to determine if the proposed
landmark districts should be pursued. They also recommended that during the survey and
landmarking process, if a project is submitted within these areas that an immediate spot
survey be completed to determine the property's historic significance. If the property would
be included in a district as a contributing structure, then a mandatory review of those
guidelines that apply to historic properties would be required but their application would be
voluntary. It is estimated that it would cost approximately $100,000.00 to complete the
process to evaluate and designate the three areas as local landmark districts.
On July 20, 1995, the Landmark Preservation Commission also voted to recommend that the
guidelines be approved by Council with several specific recommendations. These are outlined
in the attached memorandum." I
Current Planning Director Bob Blanchard briefly outlined the item and spoke of how the Design
Standards and Guidelines were compiled and spoke of the various workshops and public outreach
sessions that were held.
Mayor Azari spoke of the effort that was put into the project, noting that additional work may be
needed between first and second reading of the ordinance.
Councilmember Janett stated the majority of residents in the area enjoy the freedom of doing what
they want with their property and stated older neighborhoods contain the majority of affordable
housing in the City. She stated it is the City's policy to allow "alley houses" as a way to facilitate
small unit affordable housing. She concurred with comments made by Mr. Winter regarding the
need for mandatory review with voluntary compliance. She requested the issue be reevaluated in
one year to include language stating that staff will be trained to provide technical assistance.
Councilmember Wanner spoke of the need to preserve the neighborhoods and to prevent out of place
development without hampering residents in the every day use of their property.
City Attorney Steve Roy briefly explained the optional versions available in Council's packet.
MI
August 15, 1995
IThe following person provided comments:
W.J. Smiley, 127 Fishback Avenue
Les Coram, 1305 Remington
Kate Mailers, 518 Peterson
Larry Cobb, 715 Peterson
Chris Marshall, 926 W. Mountain Avenue
Rich Testardi, 622 Peterson
Nancy Easum, member of RESTORE
Chris Emory, 124 Lyons
Rheba Massey, 1400 Freedom Lane
Bob Teuting, 916 Cheyenne Drive
Kay Theodoratus, 3349 Oregon Trail
Betty Evict, 910 E. Elizabeth
Lout Stitzel, 521 E. Laurel
Robert Moore, N. Wood Street
Judy Shadey, 800 Colorado Street
Betty Maloney, 1309 City Park Avenue, member of the Affordable Housing Task Force of Larimer
County
John Meleski, 414 Buckeye Street
Donald Dazlik, 700 Smith Street
Eva Heller, 400 West Street
Felipe Lindhymer, 331 Scott Avenue
Angela Dazlik, 700 Smith
Karla Oceanak, 425 E. Elizabeth
Joe Bastian, Chair of RESTORE
Jackson Morgan, 406 Garfield
Ruth Weatherford, a Fort Collins resident
Jeff Bridges, 725 Mathews
Mary Dumais, 218 S. Grant
Colleen Conway, 4418 Stoney Creek Drive
Current Planning Director Bob Blanchard stated lot sizes are considered land use decisions, and
clarified the project did not address land use issues, but studied design issues. He responded to
Council questions and clarified a 9,000 sq. foot lot could contain one secondary residential structure
and as long as the property is not sold, it would not be required to be subdivided.
Nore Winter, Winter and Associates, stated compliance is voluntary and spoke of the consequences
of the proposed system and suggested an annual review be conducted. He supported the
recommendation for staff training and stated an educational program would be useful.
265
August 15, 1995
Blanchard clarified a PUD was an option in the Zoning Districts but was not required. He stated one '
option could be a PUD with an option regarding rebuilds and secondary structures.
Councilmember Janett spoke of the effects "alley houses" would have on the infrastructure, namely
water and sewer issues.
Blanchard responded to Council questions and clarified a PUD condition would not apply to the
addition of an extra room, i.e., bedrooms or bathrooms.
Winter responded to Council questions and clarified "alley houses" are required to have off-street
parking.
Mayor Azari suggested Council postpone the item allowing time for additional public hearings as
well as time to simplify the language.
Councilmember Janett spoke of the possibility of meeting with proponents and opponents in an
attempt to work out a compromise.
Bruno suggested that staff return to Council within a few days with a memo outlining a process and
schedule for completing this item.
City Attorney Steve Roy stated it would be necessary to extend the moratorium, which would have '
to be done at an adjourned meeting. He noted Council could chose to take no action on the item, and
giving direction at an adjourned meeting as to when the item should appear before Council again.
NO ACTION TAKEN.
OTHER BUSINESS
Councilmember Smith questioned the timeframe regarding the Neighbor to Neighbor proposal for
Pioneer Mobile Home Park.
Mayor Azari responded to Councilmember Smith and stated they were in agreement that the first
meeting in September would be an acceptable timeframe to review the proposal.
Councilmember Apt requested information regarding the Gateway Park funding request.
Councilmember Smith thanked Mr. Blanchard and Mr. Winters for all their hard work.
Councilmember Janett spoke of the importance of all interested parties -atterfdirig-the pubic
meetings.
266
1
11
1
August 15, 1995
Adiournment
Councilmember Janett made a motion, seconded by Councilmember Smith, to adjourn the meeting
to 6:30 p.m. on Tuesday, August 22 to hear the Woodlands Condominiums appeal. Yeas:
Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 11:40 p.m.
ATTEST:
Mayor
267