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HomeMy WebLinkAboutMINUTES-07/15/1997-RegularJuly 15, 1997 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, July 15, 1997, 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: Yeas: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. Staff Members Present: Fischbach, Roy, Krajicek. Citizen Participation Council liaisons to various Boards and Commissions presented Plaques to outgoing Board and Commission members. AI Baccili, 520 Galaxy Court, questioned when the E-911 charges would be reduced. Mark Englund, Hewlett-Packard's "Bike to Work Day" coordinator, spoke of the number of participants in the "Bike to Work Day" activities and thanked the City and staff for rising to the challenge. Terry Rudd, Hewlett-Packard's "Bike to Work Day" coordinator, thanked Councilmember Smith for his efforts. Citizen Participation Follow-up Councilmember Smith requested staff forward a two -page memo to A] Baccili regarding E-911 charges. He emphasized the need to educate the public on how and when 911 is to be used. City Manager John Fischbach thanked Councilmember Smith for his work on the "Bike to Work Day" event. ►:�r.17: City Manager John Fischbach reported there was a revised Item #33, Second Reading of Ordinance No. 112, 1997, Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red -Light Cameras to Enforce Traffic Violations, in Council's "Read Before the Meeting" folder. July 15, 1997 8 CONSENT CALENDAR The Consent Calendar consists of Item Numbers 7 through 28. 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 will be considered separately under Agenda Item 935, Pulled Consent Items. 7. Second Reading of Ordinance No. 96 1997 Amending Chapter 25 of the City Code Regarding Tax and Utility Rebates The gross income eligibility guidelines for the tax and utility rebate programs have not been increased since the inception of the rebate programs and the number of eligible participants has dropped since 1994. To provide consistency among City programs, staff proposes using the area median gross income limits used by the City's HOME Program. An increase in the gross income limits will result in an increase in rebate payments of about 18%. The property tax and utility rebate programs use a different measure of income eligibility than the sales tax rebate program. To provide consistency in all programs, the income . guidelines should be the same. Ordinance No. 96, 1997 was unanimously adopted on First Reading on July 1, 1997. 8. Second Reading of Ordinance No. 97- 1997, Amending Chapter 26 of the City Code to Authorize the Stormwater Utility Enterprise to Have and Exercise Certain Powers in Furtherance of its Purposes, Article X, Section 20 of the State Constitution provides the ability to create enterprises. The City of Fort Collins acted to established its electric, water, waste water, and storm water utilities as enterprises subsequent to the passage of Article X. Legal interpretations of the section suggest that the City amend the Code to clarify the powers of the enterprises. Prior to issuing bonds for the water and waste water utilities, corresponding sections of the Code have been modified. Ordinance No. 97, 1997, which was unanimously adopted on First Reading on July 1, 1997, authorizes the Stormwater Utility to make appropriate changes to the Code relating to Stormwater management. • u.� �. • •• .o In March 1996, City Council approved a temporary rebate program for use tax paid on manufacturing equipment. The goal of this two-year program is to support the local economic base by providing modest tax relief to manufacturing concerns located in Fort 2 July 15, 1997 • Collins. During 1996, the City of Fort Collins received $4,502,114 in use tax receipts from companies within the Standard Industrial Code classification for manufacturers. This constitutes 75% of all use tax paid by local businesses in 1996. Ordinance No. 98, 1997, was unanimously adopted on First Reading on July 1, 1997. 10. Second Reading of Ordinance No. 99 1997 Appropriating Unanticipated Revenue in th :u•.nof 1 for the FortCollinsPolice•.th Criaes Team Summer This Ordinance appropriates unanticipated revenue in the amount of $1,250 for the Fort Collins Police Services, Youth Crimes Team Summer Projects. Fort Collins Police Services, Youth Crimes Team has been awarded a grant by the Fort Collins Community foundation to help fund two summer programs. The first is designed to positively affect at -risk youth in the community. At -risk youth will be identified by members of the Youth Crimes Team and personal contact will be made with the child and his/her parents. Together they will develop a plan to best help the child. -As part of the plan, the officer will take the child to athletic events, swimming, golfing, hiking, _ etc., in an attempt to spend as much quality time with the child as possible. During this time the officer will work with the child to set goals and work on individual problems. The object is to establish a positive police role model for the child and to help them make worthwhile changes in their lives. The second is a gang tattoo removal project. Dr. Diane Duncan, a local Plastic Surgeon, will donate her time to remove gang tattoos from area youth at no cost to the patient. A Denver company will donate a laser needed for the process but requires the patient to pay for the laser tip. The cost is $150 per session as the tip is not reusable. Most gang members who want tattoos removed are not able to afford the $150 fee and part of the grant will be used to offset this expense. Ordinance No. 99, 1997 was unanimously adopted on First Reading on July 1, 1997, and appropriates unanticipated revenue in the amount of $1,250 for the Fort Collins Police Services, Youth Crimes Team Summer Projects. This Ordinance, which was unanimously adopted on First Reading on July 1, 1997, appropriates $24,949 in unanticipated revenue in the General Fund for the Radon Program. The funds come from grant monies from the Colorado Department of Public Health and IsEnvironment (CDPHE) Radiation Control Division and from revenue received from the sale 12. July 15, 1997 , of radon test kits. The funds will be used to continue the radon education, testing, and mitigation programs and to expand a radon potential mapping study of the Fort Collins Urban Growth Area (UGA). A. Second Reading of Ordinance No. 101, 1997, Annexing Property Known as the Burlington Northern/McClelland Drive Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 102, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Burlington Northern/McClelland Drive Annexation. On July 1, Council unanimously adopted Resolution 97-92 Setting Forth Findings of Fact and Determinations Regarding Burlington Northern/McClelland Drive Annexation. On July 1, Council also unanimously adopted Ordinance No. 101 and 102, 1997, which is an involuntary annexation and zoning of an enclave of approximately 0.5 acre of railroad right-of-way, located south of Drake Road, between McClelland Drive and Redwing Road. The recommended zoning is C - Commercial. APPLICANT: City of Fort Collins OWNER: Burlington Northern Railroad 13. Items Relating to the Link-N-Greens 4th Enclave Annexation and Zoning A. Second Reading of Ordinance No. 103, 1997, Annexing Property Known as the Link-N-Greens Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 104, 1997, Amending the Zoning District Map of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Link-N-Greens Annexation to the City of Fort Collins, Colorado. On July 1, 1997, Council unanimously adopted Resolution 97-93 Setting Forth Findings of Fact and Determinations Regarding Link-N-Greens Annexation. On July 1, 1997, Council also unanimously adopted Ordinance No. 103 and 104, 1997, which annex and zone an enclave of approximately 2 acres of the Cache La Poudre River and 4 July 15, 1997 • adjacent bike trail, located between Riverside and Lemay Avenue. The recommended zoning is C-C-R, Community Commercial - Poudre River District. APPLICANT: City of Fort Collins OWNER: Dorothy A. Whisler c/o Link-N-Greens Corporation 777 East Lincoln Avenue Fort Collins, CO 80524 A. Second Reading of Ordinance No. 105, 1997, Annexing Property Known as the West Drake Road 2nd Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 106, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the West Drake Road 2nd Annexation to the City of Fort Collins, Colorado. On July 1, 1997 Council unanimously adopted Resolution 97-94 Setting Forth Findings of is Fact and Determinations Regarding West Drake Road 2nd Annexation. On July 1, 1997, Council also unanimously adopted Ordinance No. 105 and 106, 1997, on First Reading which annex and zone an enclave area of approximately 2.3 acres in size, located on the south side of West Drake Road, between Taft Hill Road and Overland Trail. The site consists of one parcel which contains a single family residence. The recommended zoning is R-L, Low Density Residential. APPLICANT: City of Fort Collins OWNER: Richard W. and Colleen Hoffman 1804 Wallenberg Drive Fort Collins, CO 80526 Ordinance No. 107, 1997, which was unanimously adopted on First Reading on July 1, 1997 authorizes the terms of the lease for 123 North College Avenue and will permit the Latimer County Treasurer's Office to remove the leased property from the tax rolls in accordance with C.R.S. Sections 31-15-801 and 802. 0 July /5, 1997 , 16. Second Reading of Ordinance No 108. 1997 Authorizing the Sale of Real Prosy Known as the WTP House located at Water Treatment Plant #2. 4316 LaPorte Avenue to A -One Iffieriff0mron ,1 The City no longer has need for the house located at Water Treatment Plant #2. A request for bids was sent to all housemovers and other interested parties. Based on the responses received, staff is recommending the sale to A -One Housemoving. Ordinance No. 108, 1997 was unanimously adopted on First Reading on July 1, 1997, 17. First Readina of Ordinance No. 111 1997- Amending Section I of Ordinanc.�5 �9 and Sections 2-453 and 29-692 of the Code, Pertaining to the Adoption of the Lan Use., When Council adopted the Land Use Code earlier this year, provisions were included in Ordinance No. 51, 1997, to keep necessary previously adopted land development regulations in effect for the purpose of reviewing projects that had already received a degree of plan approval according to criteria established in Ordinance No. 161, 1996, commonly referred to as the Transition Rules Ordinance. Ordinance No. 51, 1997 incorrectly referred to those projects that qualified to continue to be processed under the previously adopted land development regulations as "pending" projects. This wrongfully implied that all such projects were currently under development review by the City. Ordinance No. 161, 1996 applies to a broader class of projects, and was specifically intended to allow these projects a specified time period within which they must be submitted in order to be reviewed under the previously approved regulations. Section 1 of this Ordinance corrects that oversight by striking the word "pending" from Section 1 of Ordinance No. 51, 1997. The remainder of this Ordinance implements other "housekeeping" clarifications to both Ordinance No. 51, 1997, as well as sections of the Code of the City of Fort Collins, necessary to clarify and eliminate confusing redundant language relating to the duties of the Zoning Board of Appeals, and to update the definition of "building permit" contained in the Code of the City of Fort Collins to be consistent with the definition and use of the term in the Land Use Code. None of these changes affect the substantive intent of the originally adopted ordinances, and are proposed here to provide clarification regarding application of the Transitional Land Use rules. 18. First Reading of Ordinance No 1 14. 1997. Amending Section 3 and Exhibit B of Ordinance No. 161, 1996. 0 July 15, 1997 • Ordinance No. 161, 1996 established an extended time line for the submittal of preliminary and final Planned Unit Developments (PUD) and subdivision plats under the City's previous regulations when an approved Overall Development Plan (ODP) had resulted in development that provided the infrastructure to serve at least 20% of the property in the ODP. During implementation of this Ordinance, staff became aware that this same provision should be applied to those properties for which a preliminary PUD has received approval and been developed resulting in the provision of the same amount of infrastructure. tMR, , U 0134 u A. First Reading of Ordinance No. 115, 1997, Amending Chapter 29 of the Code of the City of Fort Collins So as to Add a New Article Pertaining to Administrative Fees. B. First Reading of Ordinance No. 116, 1997, Amending Section 23-114 of the City Code Pertaining to the Sale or Disposition of Real Property. These Ordinances are being presented to follow-up on a change in the Financial Management Policies that was approved by the Council on June 17 of this year. Ordinance No. 115, 1997, would provide for the amounts of user fees to be established administratively by the City Manager, subject to certain broad criteria contained in the Ordinance. Ordinance No. 116, 1997 would amend the provisions of the City Code to clarify that the short-term use of City facilities does not constitute a lease of those facilities, so that charges for such short-term use may be administratively established. 20. First Re?,4!939K*ZtJnance No. H 7 1997 Amending Chapter 3 of the City Code Rela "n- to Alcohol Beverages In 1996, the Liquor Enforcement Division of the Colorado Department of Revenue formed a Liquor Code workgroup, which was asked to formulate recommendations to recodify and clean up the liquor laws as contained in Articles 46 and 47 of Title 12 of the Colorado Revised Statutes. The Workgroup was comprised of representatives from local and state government, the liquor and beer industry, law enforcement, the legal profession, and the Colorado Municipal League. HB 1076 was introduced at the last legislative session and passed. The newly recodified Beer and Liquor Codes take effect July 1, 1997. This Ordinance amends the Chapter 3 of the City Code to harmonize the provisions of the City Code with the provisions of the newly recodified Beer and Liquor Codes. In addition, this Ordinance includes minor housekeeping amendments. 21. Items Relating to the D[y Creek Drainage Basin Proiect and the Summityiew W,?,ter Uy�,. PrQJect in Coordliation with the Timberline Extension Proiect. Ll July 15, 1997 A. First Reading of Ordinance No. 118, 1997, Appropriating Prior Year Reserves From the Storm Drainage Fund for Improvements to the Dry Creek Drainage Basin Capital Project. B. First Reading of Ordinance No. 119, 1997, Transferring Funds from the Westside Transmission Line Project to the Summitview Water Line Project. Dry Creek Drainage Basin Capital Project. The Dry Creek Master Drainage Plan identified the need for a regional channel through the Dry Creek basin from west of College Avenue to the Poudre River. The Timberline Road extension, a Choices 95 project, proposed an alignment which paralleled the channel alignment from the Poudre River north to the Fort Collins Downtown Airport. In order to minimize future impacts to the public, and realize savings associated with joint construction for both projects, the schedule for the first phase of the Dry Creek Channel was moved up to coincide with the Timberline Extension project. The proposed appropriation would be used to construct approximately 2,700 feet of grass lined open channel, a 135 foot slab bridge at State Highway 14 (Mulberry Ave), a siphon to pass the Cache la Poudre Inlet Ditch under the proposed Dry Creek channel, and a 55 foot slab bridge at Lincoln Avenue. Landscaping and wetland mitigation are also included in the — project. Westside Transmission Line Project: Also, in order to avoid future cost and disruption of traffic and service, and realize savings associated with joint construction, staff is pursuing the installation of approximately 1200 feet of 24-inch water line at the intersection of Highway 14 and Timberline which is called for in the City's Water Transmission Master Plan. The $325,000 needed for this project is being transferred from the Westside Transmission Line Project, which is completed and has a remaining balance of just over $400,000. In 1983, the Council appropriated into a capital project account funds for the Westside Transmission Line Capital Project, for the construction of eight miles of transmission line in the west and southwest portions of the city. 22. First Reading of Ordinance No. 121 1997 Dedicating Two Waterline Easements to Fort Collins -Loveland Water District and Two Sewerline Easements to South Fort Collins Sanitation District for Huntington Hills PUD 6th Filing, The Fort Collins -Loveland Water District is requesting two waterline easements totaling .278 acre and South Fort Collins Sanitation District is requesting two sewerline easements totaling .902 acre located along the westerly boundary of the future Fossil Creek Community Park. These easements are needed to provide increased service to the Huntington Hills PUD 6th Filing and other developments in the surrounding area. 9 July 15, 1997 • Staff from Parks Planning and Development and Forestry has approved the easement location requests from the Districts. These easements have been located on the ground to minimize disturbance to existing trees and to Fossil Creek Community Park in general. The Ordinance authorizes the City Manager to negotiate a price for the easements, based upon the fair market value of the property, adjusted to reflect the benefits to be gained by the City, if any, from the District's improvements. 23. Resolution 97-100 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements The Cultural Development and Programming Account (Fort Fund) is funded by an allocation of the lodging tax revenues. Applications for grants from this account are reviewed by the Cultural Resources Board of the City of Fort Collins and recommendations for funding are submitted to the Fort Collins City Council for final approval. Events may be cultural, ethnic, historic, educational or recreational in nature and reflect the values and traditions of Fort Collins. Events of this type will have a wide appeal for a significant part of the community, thereby advancing the good of all. The resulting economic and non -economic benefits of the event will promote the general welfare of the inhabitants of the City. 24. Resolution 97-101 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Annexation Proceedings for Such Property to Be Known as the Timberline Annexation. The property being considered for annexation has, for a period of not less than three (3) years, been completely surrounded by property contained within the boundaries of the City of Fort Collins. The property being considered for annexation is approximately 435 acres in size and is located generally east of the Union Pacific Railroad tracks, north of East Drake Road, and south and west of the Burlington Northern Railroad tracks. The property is primarily in agricultural use, although located along the west side of Timberline Road are industrial uses, including Bredero Price Company and a number of small businesses in the former Fort Collins Pipe Company building. The proposed zoning for this annexation includes a number of different districts: I - Industrial, E - Employment, LMN - Low Density Mixed Use Neighborhood, UE - Urban Estates, MMN - Medium Density Mixed Use Neighborhood and NC - Neighborhood Commercial. The proposed Resolution states that it is the City's intent to annex this enclave property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on August 19, 1997. Not less than thirty is days prior published notice is required by State law. 6 July 15, 1997 , 25. Resolution 97-102 Consenting; to the Amended Indenture of Trust of the Poudre River Trust, Resolution 97-102 was initiated at the request of the Trustees of the Poudre River Trust. This Resolution would formalize the City's approval of the Amended and Restated Indenture of Trust of the Poudre River Trust. The Poudre River Trust was formed in 1984 by Gene Mitchell, as Truster, and other interested parties. The purpose of the nonprofit organization is to promote revitalization along the Cache la Poudre River in Fort Collins, with special emphasis on the downtown core area. The Trust has four primary areas of concern: history, natural resources, recreation, and mixed -use development. The original Trust Indenture was approved by City Council on November 15, 1983 in Resolution 83-196. Council approval was obtained because the Trustor anticipated a close working relationship between the City of Fort Collins and the Trust. The original Trust Indenture specified that Trustees must be approved by Gene Mitchell as Truster and City Council. The document also requires submittal of an annual report to the Council. 26. Resolution 97-103 in Support of the Proposed Legislation to Address Colorado's Statewide Long-term Transportation Needs. This Resolution offers the City Council's support of the Colorado Transportation Network's proposal to increase certain funding sources to finance the State's transportation needs. The proposal will ask Colorado voters in the November 1997 election to approve: a "New Wheels on the Road" fee that would levy a one-time, $100 fee to people moving to Colorado or adding a vehicle; an increase in registration fees of $10/motor vehicle, and an increase in fuel tax by 5 cents a gallon. This is projected to generate $2.4 billion. The plan will also boost local transportation. Forty percent of the new revenues go to individual cities and counties, making it easier for localities to decide and fund their own priority transportation projects. If passed, these revenues will provide over $1.0 million annually to Fort Collins for transportation needs. These funds will be combined with other mechanisms to create a $6.0 billion financing package to assist in funding the State of Colorado's 20-year transportation shortfall of $13.0 billion. This funding will be used to fund the twenty-eight priority projects in the State's primary transportation corridors. Included in these corridors are North 1-25 and North US 287. I iC: July 15, 1997 • 27. Resolution 97-104 Making Appointments to Various Boards and Commissions is Vacancies currently exist on various boards and commissions due to resignations of board members and the expiration of terms of members of boards and commissions. Applications were solicited during March and April. Council received copies of the applications and Council teams interviewed applicants during May, June and July. This Resolution makes 14 appointments to 6 boards and commissions. Names of those individuals recommended for appointment by each Council interview team have been inserted in the Resolution. This Resolution also affirms the appointment of individuals recommended to the Youth Advisory Board by the Youth Leadership Committee of Team Fort Collins. Names of those individuals have been inserted in the Resolution. 28. Routine Easement, A. Deed of Easement from Gateway American Properties, to install conduit for future electrical service to Tract A, located at 3102 Wheatgrass Court. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No 96 1997 Amending Chapter 25 of the City Code Regarding Tax and Utility Rebates S. Second Reading of Ordinance No 97 1997 Amending Chapter 26 of the City Code to Authorize the Stormwater Utility Enterprise to Have and Exercise Certain Powers in Furtherance of its Purposes. 10. Second Rea&2 of Ord*nance No. 99 1997 Appropfiating Unanticipated Revenue in th Amount of 1 for the FortCollinsPolice Services•. i Summer 11. Second Readinia of Ordinance No 100, 1997 Appropriating Unanticipated Reve-lue ij AIA General Fund for the Radon Program, 11 Judy 15, 1997 12. Items Relating to the Burlington Northern/McClelland Drive Enclave Annexation, A. Second Reading of Ordinance No. 101, 1997, Annexing Property Known as the Burlington Northern/McClelland Drive Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 102, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Burlington Northern/McClelland Drive Annexation. A. Second Reading of Ordinance No. 103, 1997, Annexing Property Known as the Link-N-Greens Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 104, 1997, Amending the Zoning District Map of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Link-N-Greens Annexation to the City of Fort Collins, Colorado. A. Second Reading of Ordinance No. 105, 1997, Annexing Property Known as the West Drake Road 2nd Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 106, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the West Drake Road 2nd Annexation to the City of Fort Collins, Colorado. • U 1 •, • � 4 •�1 • S. "1 � 4 1 16. Second Reading of Ordinance No. 108 1997 Authorizing the Sale of Real Prol2eEty Known as the WTP House- located at Water Treatment Plant 92, 4316 LaPorte Avenue to A -On • •. 11• 1' !1 ' , 1 me=m=all 4 •1 411 • 1' A. Second Reading of Ordinance No. 110, 1997, Annexing Property Known as the K-2 Annexation to the City of Fort Collins, Colorado. 11 12 July 15, 1997 • B. Second Reading of Ordinance No. 111, 1997, Amending the Zoning District Map of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the K-2 Annexation to the City of Fort Collins, Colorado. 6 33. Second Reading of Ordinance No. 112, 1997. Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red -Light Cameras to Enforce Traffic Violations. Items on First Reading were read by title by City Clerk Wanda Krajicek. 17. First Reading of Ordinance No. 113. 1997, Amending Section 1 of Ordinance No 51. 1997 and Sections 2-453 and 29-692 of the Code, Pertaining to the Adoption of the Land Use Code. 18. First ReadinQ of Ordinance No. 114, 1997. Amending Section 3 and Exhibit B of Ordinanc No. • •`• A. First Reading of Ordinance No. 115, 1997, Amending Chapter 29 of the Code of the City of Fort Collins So as to Add a New Article Pertaining to Administrative Fees. B. First Reading of Ordinance No. 116, 1997, Amending Section 23-114 of the City Code Pertaining to the Sale or Disposition of Real Property. 20. First Reading of Ordinance No... to Alcohol 21. Items Relating to the DEy Creek Drainage Basin Project and the SUMMitViCW Water Line Proiect in Coordination with the Timberline Extension Proiect. A. First Reading of Ordinance No. 118, 1997, Appropriating Prior Year Reserves From the Storm Drainage Fund for Improvements to the Dry Creek Drainage Basin Capital Project. B. First Reading of Ordinance No. 119, 1997, Transferring Funds from the Westside Transmission Line Project to the Summitview Water Line Project. 22. First Reading of Ordinance No 121 1997 Dedicating Two Waterline Easements to Fort Collins -Loveland Water District and Two Sewerline Easements to South Fort Collins Sanitation District for Huntington Hills PUD 6th Filing, 13 July 15, 1997 • 34. First Reading of Ordinance No 122 1997 Making Certain Revisions to the Land Use Code to Implement Recommendations of the Land Use Code Advisory Committee Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. City Manager John Fischbach commented on the world map, located on the second floor of City Hall West, showing where local companies do business around the world. He stated the Human Rights Ordinance Task Force has been working to develop recommendations to update the ordinance. He reported repaving of College Avenue is nearly completed and gave a brief report on the Timberline Extension project. Councilmember Reports Councilmember Smith reported the Metropolitan Planning Organization met and discussed changes in project funding for the Berthoud Bypass project. Councilmember Mason stated the Growth Management Committee met with staff regarding proposed changes to City Plan, West Central Neighborhood Plan, and the Master Transportation Plan. He stated the Committee also briefly discussed Urban Growth Area Intergovernmental Agreement between the City and County. Councilmember Bertschy reported on a meeting he attended with the Natural Resources Department and discussed methods used by other Front Range communities regarding eradication of prairie dogs. Resolution 97-106 Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board Approval of the First National Bank Plaza (formerly Drake Crossing Shopping Center PUD), Bank Drive -Up Facility and Upholding the Decision of the Board, Adopted, The following is staffs memorandum on this item. "Executive .Summary On May 12, 1997, cut appeal of the April 28, 1997 final decision of the Planning and Zoning Board to approve the First National Bank Plaza (formerly Drake Crossing Shopping Center PUD), Bank 14 Judy 15, 1997 • Drive -Up Facility was filed by 60 Appellants (Charles Ackerson, 2354 Hampshire Court, representative for the Appellants). On July 1, 1997, City Council voted to uphold the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. BACKGROUND: The appellants' notice of appeal was based on allegations that: "The Planning and Zoning Board ignored or failed to interpret and adhere to guidelines, policies, and certain specific criteria in the City's Land Development Guidance System (LDGS); the documents that provided the foundation for this system (e.g. Goals and Objectives, Land Use Policies Plan); the portions of the new City Plan that were adopted prior to this development proposal and are elements of the City comprehensive plan (e.g. Vision and Goals 2015, the City Structure Plan, and the Principles and Policies); and Design Standards and Guidelines for All commercial Development that was updated in 1195. This document was to provide standards and serve as interim requirements for retail and commercial development in Fort Collins until the new City Plan was implemented " "The Planning and Zoning Board considered evidence relevant to its findings which was substantially false and misleading. " "The Applicant failed to submit the necessary revised site plan and revised traffic study to the City Planning Department by the deadline of April 91h, which was two days prior to the Planning Department's final review. These documents were not suhmitted until April 16, at the earliest, and were not given to the parties -in -interest (appellants) until April 18, despite repeated requests by the appellants to the transportation staff. " Al the July 1, 1997 hearing on this matter, Council considered the testimony of City staff, the Appellant, and the opponents of the appeal. In subsequent discussion at this hearing, Council determined that the Board did conduct a fair hearing and did properly interpret and apply relevant provisions of the Land Development Guidance System. City Council determined to uphold the decision of the Planning and Zoning Board. " Councilmember's Byrne and Mason withdrew from discussion on this item due to perceived conflict of interest. City Attorney Steve Roy explained the purpose of the Resolution, noting it was to formalize Council's decision and findings. 15 July 15, 1997 0 Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Resolution 97-106. Yeas: Councilmembers Azari, Bertschy, Kneeland, Smith and Wanner. Nays: None. THE MOTION CARRIED. Items Relating to the K-2 Enclave Annexation and Zoning. Adopted on Second Reading, The following is stafrs memorandum on this item. "Executive Summit A. Second Reading of Ordinance No. 110, 1997, Annexing Property Known as the K-2 Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 111, 1997, Amending the Zoning District Map of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the K-2 Annexation to the City of Fort Collins, Colorado. On July 1, 1997, Council unanimously adopted Resohution 97-99 Setting Forth Findings of Fact and Determinations Regarding K-2 Annexation. On July 1, 1997, Council also adopted by a vote of 5-1, Ordinance No. 110, 1997, and unanimously adopted Ordinance No. 111, 1997, which annex and zone an enclave area of approximately 29.7 acres in size, located east of I-25, 114 mile north of Vine Drive and south of the Larimer and Weld Canal. The site includes a wholesale distribution: business, boat and RV storage and agricultural feed sales on three separate parcels of land. The recommended zoning is I, Industrial. APPLICANT: City of Fort Collins OWNERS. David Ball HUB Enterprises P.O. Box 2307 Fort Collins, CO 80522-2307 Frank A. Just 1050 Greenfield Court Fort Collins, CO 80524 A. L. Gilbert Company P. 0. Box 38 Oakdale, CA 95361 " 16 July 15, 1997 • Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 110, 1997 on Second Reading. Councilmember Kneeland opposed the motion stating there would be an opportunity to protect the City's interest when and if significant development occurs. She stated annexation at this time would subject area businesses to undue financial burdens. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Mason, Smith and Wanner. Nays: Councilmember Kneeland. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 111, 1997 on Second Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 112, 1997 Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red -Light Cameras to Enforce Traffic Violations. Adopted as Amended on Second Reading The following is stairs memorandum on this item. "Financial Impact In using camera radar and red-lighl cameras ("traffic cameras') during the upcoming year, the City estimates that it will receive approximately 5651, 360 in unanticipated revenue. This would be offset by contract payments totaling $502, 060 to American Traffic Systems (A 1 S) for equipment provided and services rendered The remaining balance of unanticipated revenue of S149, 300 will be used to pay for any additional costs the City's Municipal Court, Police Services, Traffic Engineering and CityAttomey's Office may incur in the future related to the use of traffic cameras or other programs intended to address the City's current traffic problems. Executive .Summary Ordinance No. 112, 1997 was adopted 4-2 on First Reading on July], 1997 and since first reading of the Ordinance appropriatingfinds to continue the camera radar operation, staff has continued contract negotiations with American Traffic Systems (ATS). City staff has been successful in negotiating significant contractual details which make the continuation of the use of camera radar • technology a viable option for the city. After examining the program results, discussing contract 17 .July 15, 1997 details with ATS, and researching the options to use this technology, staff recommends the City continue to operate one speed traffic camera city-wide and the two red-light cameras at the intersection of College Avenue and Drake Road This will continue the present level of service provided to the community. BACKGROUND: Speeding is one of the primary complaints the City receives from citizens. Since 1990, over 4, 000 citizens have been injured in the more than 30,000 reported traffic crashes in Fort Collins and twenty-eight individuals have lost their lives in these traffic crashes. Last year over 4,800 traffic crashes were reported in Fort Collins. Traffic crashes don't just happen, they are caused Vehicle speeds are a major contributing factor to crashes and their severity. The goal of the traffic camera program is simply to reduce the number and severity of traffic crashes and reduce the total number of it jmy accidents. Camera radar has been operating and inswing speeding violation notices and citations since August 1, 1996. While the program is less than a year old, it appears to be having a positive effect on reducing the level of speeding in the community. Since the program's inception, motorists' compliance rates to the posted speed limits have more than doubled, the ratio of tickets issued to vehicles monitored has declined, and community members have observed and commented on less threatenirng traffic behaviors. Additionally, when comparing January through May 1996 to the same period in 1997, the numbers of traffic crashes has decreased by 6.9% and the number of in jury accidennts has beet reduced by 7%. It appears camera radar is having a positive effect in reducing the number and severity c f both traffic and u jnury accidents. Update: Since the last City Council meeting, staff has been negotiating contract conditions and program costs with ATS as well as exploring other traffic enforcement options. Staff has made significant progress in negotiating terms of an addendum to the existing contract which make continuation of the program a viable option. Those salient issues include: (1) continuation of the same operational level as in the past (1 speed camera and 2 red-light cameras), (2) a month -to -month contract with a 60-day rolling termination clause, (3) waiver of the equipment deposit, (4) restructure of the TraffiCourt software site license from a single payment to three monthly payments, and (5) the camera and vehicle equipment lease payment reflects a capital lease whereby the City builds equityand will own the equipment after three years, thus reducing the fiaure cost of the program. 18 July 15, 1997 • In addition to defining the contract issues, staff has explored other options including: (1) the cost to purchase the equipment and operate the program independent of ATS; and (2) to replace the traffic cameras with traffic officers. To purchase the equipment front ATS would cost the City approximately $1.7 million excluding the necessary staff costs to support the program. ATS estimates it would require 11.5 TTEs to support the system. The equipment start-up costs are [7 presented below: • Speed Camera SystemslVehicles S120, 000 • Red Light Camera Systems 144,000 a Computer and Processing Equipment 150,000 • Business Processing Modeffoftware Site Licenses/ 750,000 Business Process Documentation • Integration and Training 550,000 TOTAL S1,714,000 At this time, staff does not recommend the outright purchase of the equipment as it is costly and it remains uncertain how the citizens will respond to the program in light of the changes required by Senate Bill 36. Additionally, the technology continues to evolve and purchasing the equipment today may render it obsolete in the fidure. Consequently, continuing to contract for the services and technology appears prudent. Staff also considered the options of replacing the camera unit with officers dedicated to traffic enforcement. As the contract cost projections were reduced, it significantly diminished this option as it would require more officers than the contract costs would provide 10 match the efficiency of the technology. The ideal option would be to provide more traffic officers and equip them with the traffic camera lechnology to maximize efficiency. Staff recommends operating one speed camera radar unit city-wide approximately 7 hours per day, 24 days a month, and the 2 existing red-light cameras at the intersection of College Avenue and Drake Road 24-hours per day. This is our current standard of operation. This deployment is projected to generate revenue totaling 5651, 360 and would be offset by contract payments totaling 5502, 060 to ATS. The remaining balance of revenue will be used to pay for any additional casts Municipal Court, Police Services, Traffic Engineering and the City Attorney's Office may incur related to the use of the traffic cameras or other programs intended to address the City's current traffic problems. " Chief of Police Dennis Harrison reviewed changes made to the Ordinance between First and Second Reading. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 112, 1997 as amended on Second Reading. 19 July IS, 1997 , Mike Landen, 2617 Treemont Drive, opposed camera radar and urged Council to hire additional officers to mitigate traffic problems. Al Baccili, 520 Galaxy Court, concurred with comments made by the previous speaker and emphasized the need for additional police officers. Danny Wickle, a Fort Collins resident, thanked staff for placing a traffic light at the intersection of Mulberry and Meldrum Streets. Harrison responded to Council questions and stated the most common complaint by citizens is traffic. He responded to questions regarding parking of the camera radar vehicle, clarifying that the Police Department is exempt from the parking statutes. Councilmember Byrne supported camera radar and spoke of the cost of policing. Councilmember Kneeland spoke of the need for additional traffic calming methods and supported the motion. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. 0 Ordinance No. 122, 1997 Making Certain Revisions to the Land Use Code to Implement Recommendations of the Land Use Code Advisory Committee. Adopted on First Reading The following is staffs memorandum on this item. "Executive .VunYm= This Ordinance contains a large number of revisions to the Land Use Code. These revisions can be classified into two groups. The first group consists of changes to the Laird Use Code that are being recommended to Council by the Land Use Code Advisory Committee (LUCAC) as part of the Judy Land Use Code clean-up ordinance. The second group of Code changes are staff recommended "housekeeping" revisions to the Code which were not reviewed by the LUCAC. When Council adopted the new Land Use Code earlier this spring, it was widely recognized that all issues were not resolved and that the Code needed to be viewed as a "living document ", subject to ongoing adjustment and refinement. In the adoption hearings, staff testified that there would likely be a series of "clean -rip" reviews and ordinances coming to Council within the first year to fix , 901 July 15, 1997 • errors, respond to emergent issues and to resolve any unintended problems created by the Code. The first of these "clean-up " ordinances was presented to Council on April 15. This Ordinance is the second "clean-up" ordinance. Staff expects that a third and final "clean-up" ordinance will likely be required late in 1997. Shortly after adoption of the Land Use Code, the Home Builders Association filed a notice of protest with the City Clerk, indicating its intent to collect signatures to call for a referendum on the Land Use Code. The Home Builders Association cited a number of concerns with the new Code, many relating to the potential for the new Code requirements to increase the cost of housing in Fort Collins. Staff worked with the Home Builders to clarify their concerns, and to develop a work plait and a process to evaluate and respond to those concerns without resorting the referendum process. This Ordinance responds to the first set of LUCAC's recommendations, as well as other issues identified by staff. Land Use Corte Advisory Committee Issues and Work Plan The LUCAC was formed to examine issues raised by the Home Builders, as well as other "housekeeping" type changes required in the new Code. LUCAC members inclnrde a halarrced mix of previous City Plan Advisory Committee members, Home Builders Association members and other conrmrrrrity representatives. The LUCAC is charged with investigating a nurnrber of specific issues. A workplan to address these issues was developed by staff. That workplan organizes the LUCAC issues into the following workgroups: Group A: Density Range Issues Group B: Garage Standards Issues Group C: Lot Development Standards - Cost issues Group D: Contiguity Issues Group E: Park Master Plan Accommodation Issues Group F: Other Minor Issues for .Iuly Ordinance: A copy of the LUCAC's workplan is attached to this memo for reference. The LUCAC recognized that some items on its work plan, such as detailed review of the garage standards and lot development cost issues, could not be resolved in time for the July ordinance. While work has begun on these items, recommendations regarding these issues will be delayed until later this year. A. Land Use Corte Advisory Committee Recommendations The LUCAC recommendations on workplan issues are briefly summarized below. Group A: Density Range Issues 21 July 15, 1997 Amend the LtLIN zone to exempt small in -fill parcels (20 acres or less) from the minimum density standard of 5 units per acre. Also, adopt a definition of "in -fill development " area to support application of this exemption. This relates to issue A.1 of the LUCAC's work plan. Three staff memos providing background information, analysis and options regarding this issue are attached for reference. Section 41 of the attached ordinance implements this recommendation. Revise the LAN maximum density limitation to be based on gros's density rather that? L density. This relates to Issue A.4 of the LUCAC work plan. A staff memo to the LUCAC providing analysis and options regarding this issue is attached. Sections 37, 41, and 54 of the attached ordinance implement this recommendation. Other density issues will be deferred for action later this year. Group B: Garage Standards Issues Amend the Residential Building Standards contained in 3.5.1 of the land Use Code to increase the maximum allowable garage percentage of the front facade of attached single- family dwellings from 25% to 50% to be consistent with the requirements for detached single-family dwellings. This relates to issue B.1 of the LUCAC work plan. Section 23 of the attached ordinance implements this recommendation. Other garage standards issues will be deferred for action until later this year. Group C: Lot Development Standards - Cost issues No recommendations have yet been developed regarding the Lot Development Standards issues - action On these issues will be deferred until later this year. Group D: Contiguity Issn?es 4. Amend the contiguity requirement contained in 3.7.2 of the Land Use Code to exempt individual phases of master planed projects to be exempt fn•om the contiguity requirement, provided that the phase be part of an Overall Development Plan (ODP) that does meet the 22 July IS, 1997 • contiguity requirement and that all parts of the phase be within % mile of existing urban development. 0 This relates to Issue D.1 of the LUCAC work plan. A staff memo to the LUCAC providing analysis and options regarding this issues is attached. Section 30 of the attached ordinance implements this recommendation. This recommendation has not resolved the contiguity issue for the LUCAC. Although there was agreement that at least this modification should he made to the standards, there continues to be substantial disagreement among committee members regarding the intent and appropriateness of the contiguity standard. The LUCAC will continue to evaluate the contiguity standard, and additional recommendations regarding this issue may be developed later this year. Group E: Park Master Platt Accommodation Issues S. Amend the Land Use Code to specifically reference the Parks and Recreation Policy Plan Master Plan to ensure that planned frail linkages and other parks facilities identified in the plan he accommodated by new development. This relates to Issue E. I of the LUCAC work plan. Sections 20 and 21 of the attached ordinance implement this recommendation. The LUCAC did not review the staff recommendation regarding this issue. However, staff is offering the recommendation directly to Council as a housekeeping item. Group F: Other Minor IssuesforJudy Ordinance: 6. Change the Alternative Compliance language contained in various Article 3 General Development Standards to empower the "decision making body ", rather than "the Director" to approve Alternative Compliance plans. This will clarify the Planning and Zoning Board's authority in Type 2 review processes. This relates to Issue F.1 of the LUCAC work plan. Sections 11, 15, 16, 26, and 28 of the attached ordinance implement this recommendation. Add a new section to the Code containing enabling language to continue fee rehates far affordable housing projects. This it a "housekeeping" fix to remedy an oversight that resulted in this previously adopted ordinance from not being inchided in the Land Use Code. 23 July Is, 1997 0 This relates to Issue F.2 of the LUCAC work plan. Section 4 of the attached ordinance implements this recommendation. 8. Retain the Type I review process for telecommunications equipment in predominately residential zones, rather than changing the review process for these uses to a Type 2 review process. This relates to Issue F3 of the LUCAC work plan. A staff memo to the LUCA Cproviding analysis and options regarding this issue is attached Since no changes to the code are required to maintain current practice, no of sections of the attached ordinance relate to this recommendation. 9. Amend the uses permitted in the LMN zone to allow offices, and financial institutions, and clinics smaller than 5, 000 squtcn-e feet he pernnitled in neighborhood Centers through a Type I review process. This relates to Issue F.4 of the LUCAC work plan. A staff memo to the LUCAC providing analysis and options regarding this issue is attached. 0 Sections 39, 40, 43 of the attached ordinance implement this recommendation. 10. Amend the Residential Building Standards for multi family buildings contained in 35.2 of the Land Use Code to eliminate the requirement that the entrances to all dwelling units the visible from a public street. This relates to Issue E5 of the LUCAC work plan. A staff memo to the LUCA Cproviding analysis and options regarding this issues is attached Section 22 of the attached ordinance implements this recommendation. B. Other Minor Corte Revisions Recommended by Staff The following additional Code revisions are less substantive and have not been reviewed with the Land Use Code Advisory Committee. These revisions can generally be considered "house- keeping" revisions. 11. Make minor revisions to the Landscaping Standards contained in 3.2.1 to he more practical and to provide clarification of requirements. Change the mininnnm area requirements for non paved landscaped areas to receive 'full tree" stocking form 80 to 55 square feet. 24 • Sections 8, 9, and 10 of the attached ordinance implement this recommendation. s Judy 15, 1997 12. Revise 1.6.1 to remove the requirement that any attorney retained by the City to act as a hearings officer for Type I reviews be licensed to practice in Colorado. Section 2 of the attached ordinance implements this recommendation. 13. Refinement and clarification of the enforcement provisions contained in Section 2.13 of the Land Use Code. The change proposed here is to give City officials the authority to enforce code requirements immedialely upon discovery of a Land Use Code violation, rather than continuing the existing requirement that the City give 10 days written notice before initiating enforcement actions. City officials would continue to have the option of providing such written notice, but would be empowered to act more quickly in appropriate situations. Sections 5, 6, and 7 of the attached ordinance implements this recommendation. 14. Revise 2.2.3 to include clarified procedures for execution of Plats and Deeds. Section 3 of the attached ordinance implements this recommendation. 15. Revise 3.2.2 (.1) to establish a mininnum size threshold of 6 parking spaces or 1,800 square feet below which parking lot landscaping standards will not apply. Sections 12 and 14 of the attached ordinance implement this recommendation. 16. Revise 3.2.2 (K)(2)(a) to clarify that parkingraliosfor non-residential uses listed in the table represents the maximum number of parking spaces allowed, not required. Section 13 of the attached ordinance implements this recommendation. 17. Revise 3.3.2(C)(7) to clarify that on -site streets improvements must be completed prior to issuance of a building permit. Section 17 of the attached ordinance implements this recommendation. 18. Revise 3.3.2(D)(1)(c) and 3.3.2(F)(2) by replacing the word "residential " with "local" to describe the street. The word local also includes the commercial and industrial type of streets. Sections 18 and 19 of the attached ordinance implement this recommendation. 25 .Irrly 15, 1997 0 19. Revise 3.3.2(F)(2) to provide the correct the Code section reference relating to the Street Standards contained in Chapter 24 of the Code. Section 19 of the attached ordinance implements this recommendation. 20. Revise 3.5.3(B)(d)(4) to clarify the Mixed Use and Commercial Building Standards relating to pedestrian walkways. Section 24 of the attached ordinance implements this recommendation. 21. Revise 3.6.1(A) by replacing the word "connector" with "collector" to describe the correct functional classification of streets on the Master Street Plan. Section 25 of the attached ordinance implements this recommendation. 22. Revise 3.6. 3(G) by replacing the word "new " with "residential " in order to insure that the prohibition of gated communities applies to existing development as well as new projects. The limitation as written would only prevent new developments from being gated, not old ones. Section 27 of the attached ordinance implements this recommendation. 23. Revise 3.6. 6 generally to make a number of clarifications to Emergency Service access requirements. Revise 3.6.6(C) to change the section title to `Building Placement" instead of `Fire Code Requirements. " None of the listed items are stated the same as the Fire Code. It is more correct to just describe the subject. Also Revise 3.6.6(C)(1) to remove the "(1) " from the section description. This is nno longer needed for the new title 'Building Placement. " Delete the word "major" from the third line describing arterial streets. For new developments the Poudre Fire Authority Policy is not to fight fires from any arterial street, not first major arterial streets. Also revise 3.6.6(C)(2) to move the paragraph relating to fire access roads to section 3.3.6(D). Also revise 3.6.6(D) to change the section title to "Access Roads"f-om " Access Road Width". The new title covers the broader topics under the new heading. Insert paragraph 3.6.6(C)(1) as paragraph 3.6.6(D)(1), a paragraph describing fire access roads. Insert a new paragraph 3.6.6(D)(2) regarding access road width requirement of 20 feet with the exception allowed for the new residential street standards. This paragraph was in the last revision of the LDGS and got left out of this version of the Land Use Code. Label the original paragraph in this section as "(3) ". Sections 29, 30 and 31 of the attached ordinance implement this recommendation. 24. Revise 3.7.3(E)(1)(d) regarding water level of service standards by adding clarifying language to the standard. 26 .July 15, 1997 • Section 34 of the attached ordinance implements this recommendation. 25. Revise 3.8.12 to include County residential zones in the separation requirements for Adult Uses. Section 36 of the attached ordinance implements this recommendation. 26. Revise 4.3.(D)(2) to clarify dimensional standards for child-care centers and alley accessed garages in the RL zone. Section 38 of the attached ordinance implements this recommendation. 27. Revise 4.4(D)(3)(c)to exempt land contained in schools and parks from counting towards the 5 acre maximum area allowed in neighborhood centers in the LMN zone. Section 41 of the attached ordinance implements this recommendation. 28. Revise 4.8.(B) to permit hed and breakfast establishments in the NCB zone through building permit review. This corrects all oversight, as these were previously permitted in the NCB zone prior to adoption of the Land Use Code. Section 44 of the attached ordinance implements this recommendation. 29. Revise Article 4 permitted use lists generally to refer to "Vehicle minor repair, servicing and maintenance establishments" instead of 'Minor vehicle repair establishments" to provide additional clarity. Sections 46, 47, 48, 49, 50, and 51 of the attached ordinance implement this recommendation. 30. Revise 4.23(E)(2)(a)(1) to include County residential zones in the buffering requirements of the Industrial zone, as well as refine the landscaping requirements in regard to building along an arterial street. Sections 52 and 53 of the attached ordinance implement this recommendation. 31. Revise 5.1.2 to clarify the definition of a `Local street": by adding the following language: "and which serves to provide access to abutting property and serving local as distinguished from through traffic ". Definitions of the other streets described a purpose where this one did not have the purpose stated. Section 54 of the attached ordinance implements this recommendation. 27 .hdy 15, 1997 0 32. Revise Article 5 to include a definition of "affordable housing". Section 54 of the attached ordinance implements this recommendation. 33. Revise Article 5 to include a definition Of `open air farmers market ". Section 54 of the attached ordinance implements this recommendation. 34. Revise the definition of "pedestrian oriented development" contained in Article 5 to clarify its meaning. Section 54 of the attached ordinance implements this recommendation. 35. Revise the definition of pedestrian scale (human scale) " contained in Article 5 to clarify its meaning. Section 54 Of the attached ordinance implements this recommendation. 36. Make numerous non -substantive typographical and stylistic changes throughout the Code. Planning and Zoning Board Review and Recommendation -. The Planning and Zoning Board held a public hearing oil these proposed Code revisions at its Ju ne 30, 1997 meeting. The Board recommended that Council adopt the Code revisions as recommended by staff, with the exception of the revisions related to Issue # 4: revision of the contiguity standard for master planned projects, outlined above. The Board recommended that no changes be made to the contiguity standard at this time, since staff expects the LUCAC committee to continue to discuss the issue and there is the possibility that additional revisions to the contiguity standards may be forth comingfrom the LUCAC. Although the Planing and Zoning Board has recommend against making any revisions to the contiguity at this time, staff continues to recommend the change to the standard outlined above, at least as an interim measure until further review of the issue is complete. Regardless of the other issues associated with the contiguity standard, there is agreement oil the LUCAC that multi phase, mixed use, projects should be able to defer commercial development to later phases. It likely that multi phase, mixed use projects may be submitted for review prior to the next opportunity to make revisions to the Land Use Code. Staff also committed to the Homebudders Association to recommend this revision to Council as part of the Judy clean-up ordinance. The Planning and Zoning Board also recommended that staff evaluate changing the review process for `Artisan, photography studios and galleries "from a Type 2 review process to a Type 1 review process in the LMNzone. The Board acknowledged the need to ensure that this change would not 28 .hdy 15, 1997 • apply to potential high impact uses use as foundries or cabinet making shops. Staff has not yet reviewed this issues to develop any revised definitions that may be necessary to implement this change, but will include this issue in the next "clean- up" ordinance expected later this year. Summary of Public Comment Received In addition to normal public notice associated with the Planning and Zoning Board hearing, staff mailed notice of the proposed Land Use Code changes to the approximately 1, 600 households on the City Plan mailing list. One citizen offered comments on the proposed Code revisions at the Planning and Zoning Board hearing. This person expressed concern that issue #3 above, changes to the garage standards for attached single family units, was being considered independently of a more thorough review of all of the residential garage standards. " Policy Analyst Tom Vosburg gave a staff presentation on this item and reviewed the recommended changes stating the majority of the changes were clean-up changes. He responded to Council questions regarding infill development and the definition of infill development densities and contiguity requirements. Chief Planner Ken Waido responded to Council questions regarding affordable housing subsidies reporting there have not been any developers, to date, able to provide affordable housing units with out some type of subsidy. Councilmember Kneeland made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 122, 1997 on First Reading, Kimberly Maevers, Director of Government Affairs, Homebuilder's Association of Northern Colorado, thanked staff and Council for creating the Land -Use Code Advisory Group and spoke in support of the staff recommendation regarding Code modifications and contiguity requirements. John Meleski, 2619 Featherstar Way, expressed concerns regarding garage design and opposed adoption of the Land -Use Plan. Councilmember Mason offered a friendly amendment to the previous motion to bring back on Second Reading an amendment to provide a Type 2 review for telecommunications equipment in residential areas. Councilmember Kneeland accepted the amendment as friendly. Councilmember Wanner spoke of the expense incurred by the City in offering a Type 2 review and believed the amendment was not necessary. July IS, 1997 0 After further discussion Mayor Azari suggested the amendment not be considered a friendly amendment but an amendment on its own. Councilmember Wanner stated he would accept the amendment on First Reading if Council agrees that the issue be reviewed in the future. It was decided the amendment would remain as a friendly amendment to the motion. Councilmember Wanner thanked staff for its efforts and appreciated that the time table was strictly followed. Councilmember Kneeland concurred with comments made by Councilmember Wanner and thanked the Homebuilder's Association for its productive participation. Councilmember Smith commented that he would like to revisit the definition of infill and spoke of the need maintain concurrency with other plans. Councilmember Mason thanked staff and the Land -Use Code Advisory Committee for their efforts. Councilmember Byrne concurred with previous comments and spoke of the purpose of the design competition. Councilmember Bertschy complimented the Homebuilder's Association for working with staff and the committee and stated he would like to be kept informed of issues needing further resolution. The vote on Councilmember Kneeland's motion as amended was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. City Attorney Steve Roy suggested adjourning the meeting to July 29 to discuss an ordinance issuing new Stormwater Utility Revenue Bonds. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adjourn to July 29 at 6:00 p.m. at the Fort Collins Senior Citizen Center. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. 30 0 6 The meeting adjourned at 8:40 p.m. ATTEST: 4 • Adjournment 31 July 15, 1997