HomeMy WebLinkAboutMINUTES-10/21/1997-RegularOctober 21, 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, October 21, 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: Azari, Bertschy, Byrne, Kneeland, Mason and Smith.
Councilmembers Absent: Wanner.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
David Lipp, 626 Remington, expressed his frustration with Agenda Item #23, Items Relating to
Rubbish, and strongly opposed its adoption.
Bart Palmer, representative of ASCSU, spoke of the upcoming activities regarding the Community
Relations Week.
Citizen Participation Follow-up
Councilmember Smith thanked Mr. Palmer for keeping Council informed of ASCSU's activities and
thanked him for sharing his comments.
Agenda Review
City Manager John Fischbach noted there was an amendment made to Item #21, Second Reading of
Ordinance No. 153, 1997, Amending Section 2.8.4(B) of the Land Use Code.
City Attorney Steve Roy read the amendment into the record.
City Manager John Fischbach reported Item #42, First Reading of Ordinance No. 171, 1997,
Rezoning Approximately 4.964 Acres from the T, Transition, Zone to the LAM, Low -Density Mixed -
Use Neighborhood, Zone, Known as the Nauta Rezoning, has been withdrawn by the property owner
until the Planning and Zoning Board has completed its review. He noted that changes were made
to Item #43, First Reading of Ordinance No. 172, 1997, Adjusting the Capital Improvement
Expansion and Neighborhood Parkland Fees for Increases in Inflation Based on the Denver -Boulder
Consumer Price Index, and clarified the increases are a result of inflation.
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CONSENT CALENDAR
7. Second Reading of Ordinance No. 139, 1997, Amending Article III of Chapter 17 of the City
Code Pertaining to Offenses Against Property.
Like the State, the City of Fort Collins has maintained laws in its Code against theft.
Currently, under State law, such crimes may be considered either a misdemeanor or a felony,
depending upon the amount of dollar loss. Under the City Code such crimes are
misdemeanors. Effective July, 1997, the Colorado General Assembly changed the
jurisdictional amounts for the crime of theft by raising the break point between misdemeanor
and felony thefts from $400 to $500.
Ordinance No. 139, 1997, which was unanimously adopted on First Reading on October 7,
1997, amends Section 17-36 to raise the value limit of stolen property to $500, consistent
with State statutes relating to theft of property.
8. Second Reading of Ordinance No. 140, 1997, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds.
Ordinance No. 140, 1997, which was unanimously adopted on First Reading on October 7,
1997, appropriates prior year reserves and unanticipated revenue in various City funds, and
authorizes the transfer of appropriated amounts between funds. The City Charter permits the
City Council to provide by ordinance for payment of any expense from prior year reserves.
The Charter also permits the City Council to appropriate unanticipated revenue received as
a result of rate or fee increases or new revenue sources.
9. Second Reading of Ordinance No 141, 1997, Authorizing the Transfer of Appropriated
Amounts for the Flood Recovery Project.
In accordance with the City Charter, the Financial Officer has created a new fund called the
Flood Recovery Fund. Ordinance No. 141, 1997, which was unanimously adopted on First
Reading on October 7, 1997, authorizes the transfer of appropriations from the General Fund
to the Flood Recovery Fund, along with all related expenditures previously accrued, and
appropriates $2,500,000 therein for expenditures pertaining to the Flood Recovery Project.
10. Second Reading of Ordinance No. 142. 1997, Appropriating Unanticipated Revenue and
Prior Year Reserves in the Benefits Fund to Cover Medical Insurance Claims.
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Ordinance No. 142, 1997, which was unanimously adopted on First Reading on October 7,
1997, increases the 1997 Benefits Fund appropriations by $600,000 to cover excessive
medical claim costs and other benefits costs.
11. Second Reading of Ordinance No. 143. 1997, Appropriating Unanticipated Revenue in the
General Fund for the Community Mediation Program.
Ordinance No. 143, 1997, which was unanimously adopted on October 7, 1997, appropriates
$43,924 in unanticipated revenue for the Community Mediation Program. The funds will
be used by the Neighborhood Resources Office to implement a free dispute resolution service
for citizens of Fort Collins.
12. Second Reading of Ordinance No. 144, 1997, Authorizing the Purchasing Agent to Enter into
an Agreement for the Lease -Purchase Financing of a New Finance System.
Ordinance No. 144, 1997, which was unanimously adopted on First Reading on October 7,
1997, authorizes the Purchasing Agent to enter into a lease -purchase financing agreement
with Koch Financial Corporation at 5.28 percent interest rate. The agreement shall be for an
original term from the execution date of the agreements to the end of the current fiscal year.
The agreement shall provide for renewable one-year terms thereafter, to a total term of five
years, subject to annual appropriation of funds needed for lease payments. The total lease
terms, including the original and all renewal terms, will not exceed the useful life of the
property. This lease -purchase financing is consistent with the financial policies of the City
of Fort Collins.
13. Second Reading of Ordinance No. 145, 1997, Authorizing a Ground Lease at the Transfort
Facility to the State of Colorado. Colorado State Patrol Division (CSP) for the Temporary
Relocation of the Highway Patrol Office in Fort Collins.
The Airport Manager has negotiated a twenty-five year lease of property with David F. Klink
for the construction of an aircraft hangar. David F. Klink will construct a hangar that will
provide at least 2,500 square feet of aircraft storage space. At the expiration of the lease, the
improvements revert to the ownership of the Cities. Ordinance No. 147, 1997 was
unanimously adopted on First Reading on October 7, 1997.
14. Second Reading of Ordinance No. 146. 1997, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport for the Construction of an Aircraft Hangar.
The Airport Manager has negotiated a twenty-five year lease of property with James Grubbs
for the construction of an aircraft hangar. Mr. Grubbs will build a hangar that will provide
at least 3,840 square feet of aircraft storage space. At the expiration of the lease, the
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October 21, 1997
improvements revert to the ownership of the Cities. Ordinance No. 146, 1997 was
unanimously adopted on First Reading on October 7, 1997.
15. Second Reading of Ordinance No. 147, 1997, Authorizing the Long -Tenn Lease of Property
at the Fort Collins -Loveland Municipal Airport for the Construction of an Aircraft Hangar.
The Airport Manager has negotiated a twenty-five year lease of property with David F. Klink
for the construction of an aircraft hangar. David F. Klink will construct a hangar that will
provide at least 2,500 square feet of aircraft storage space. At the expiration of the lease, the
improvements revert to the ownership of the Cities. Ordinance No. 147, 1997, which was
unanimously adopted on First Reading on October 7, 1997, generates land rents for the
airport over the first five years of $432 annually.
16. Second Reading of Ordinance No. 148, 1997, Designating the J. C. Beers Barn, 311
Whedbee Street, as a Local Landmark Pursuant to Chapter 14 of the City Code.
The owners of the Property, John Gless and Tamela Wahl, are initiating this request for
Local Landmark designation for the J. C. Beers Barn, 311 Whedbee Street. The building is
significant for its architectural importance, and is an excellent example of a vernacular I%
story barn. Ordinance No. 148, 1997, which was unanimously adopted on First Reading on
October 7, 1997, designates the property as a local landmark.
17. Second Reading of Ordinance No. 149, 1997, Designating the Willard and Gladys Eddy
House and Shared Barn. 509 Remington Street, as a Local Landmark Pursuant to Chapter 14
of the City Code.
The owner of the Property, Gladys Eddy, is initiating this request for Local Landmark
designation for the Willard and Gladys Eddy House and Shared Bam, 509 Remington Street.
The house is important for its architecture and for its association with Willard and Gladys
Eddy, who have had a significant impact on the development of CSU and on the city of Fort
Collins. The barn dates from the period of significance and contributes to the historical
character of the property. Ordinance No. 149, 1997 was unanimously adopted on First
Reading on October 7, 1997.
18. Second Reading of Ordinance No. 150, 1997, Designating the G. R. McDaniel House I. 632
Peterson Street, as a Local Landmark Pursuant to Chapter 14 of the City Code.
The owners of the Property, James R. Allen and Julie Morton, are initiating this request for
Local Landmark designation for the G. R. McDaniel House I, 632 Peterson Street. The
house is significant for its architecture.
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This Ordinance, which was unanimously adopted on First Reading on October 7, 1997,
designates the G. R. McDaniel House I, 632 Peterson Street as a local landmark.
19. Second Reading of Ordinance No. 151, 1997, Desi nating the Fred W. Stover House.
Garage. and Shared Bam, 515 Remington Street, as a Local Landmark Pursuant to Chapter
14 of the City Code.
The owner of the Property, Carl E. Patton III, is initiating this request for Local Landmark
designation for the Fred W. Stover House, Garage, and Shared Bam, 515 Remington Street.
The house is significant for its architecture and for its association with Fred, W. Stover, a Fort
Collins judge and mayor. The hipped -roof brick garage dates to the period of significance
and contributes to the historical character of the property. It is also an example of an early
heated garage. The barn is a wood framed structure shared with 509 Remington Street. One
of the few remaining bams in the Eastside Neighborhood, the barn dates from the period of
significance and contributes to the historical character of the property. As such, it is also
eligible to be designated as a local landmark.
This Ordinance, which was unanimously adopted on First Reading on October 7, 1997
designates the property for the Fred W. Stover House, Garage, and Shared Barn, 515
Remington Street as a local landmark.
20. Second Reading of Ordinance No. 152, 1997, Issuing Multifamily Housing Revenue Bonds
for the Bull Run Townhomes Project.
On January 7, 1997, the City, through the adoption of Resolution 97-3, set forth its intent to
issue multi -family revenue bonds for the Bull Run Project. The Project met the criteria
established by the State and was reviewed and recommended to the Council by the
Affordable Housing Board. The Project is a rental housing project designed and priced for
low income rental. The project is located in northeast Fort Collins. The total numbers of
units is expected to be 176 on approximately 16 acres. All units will be for individuals or
households making less than 60% of the area median income. The total cost of the project
will be $13.9 million. The amount of tax-exempt bonds issued by the City will be $8.3
million. Ordinance No. 152, 1997 was unanimously adopted on First Reading on October
7, 1997.
21. Second Reading of Ordinance No. 153, 1997, Amending Section 2.8.4(B) of the Land Use
Code.
This Ordinance, which was unanimously adopted on First Reading on October 7, 1997,
amends Section 2.8.4(B) of the Land Use Code regarding holding of a neighborhood meeting
with respect to all "quasi-judicial" rezonings. A quasi-judicial rezoning is defined as any
rezoning of 640 acres or less in size. Many quasi-judicial rezonings will not be controversial
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and it is staff s recommendation that the requirement of a neighborhood meeting be amended
to state that the Director may convene a neighborhood meeting in those circumstances where
there is known controversy or where the quasi-judicial rezoning presents significant
neighborhood impacts.
22. First Reading of Ordinance No. 154, 1997, Amending Chapter 26 of the City Code Relating
to Fees for Raw Water Requirements of the Water Utility.
The proposed ordinance will increase the cash rate charged developers for satisfaction of raw
water requirements from $1,800 to $2,700 per acre foot. The cash rate, which is adjusted
periodically to reflect the current price of raw water, is also the basis for a surcharge paid by
nonresidential customers for water used in excess of their annual allotment.
23. Items Relating to Rubbish.
A. First Reading of Ordinance No. 155, 1997, Amending Sections 12-16 and 20-41 of
the Code of the City of Fort Collins to Include Within the Definition of "Rubbish"
Upholstered Furniture That Is Designed, Manufactured and Intended Primarily for
Indoor Use but Is Used or Stored Outdoors.
B. First Reading of Ordinance No. 156, 1997, Amending Section 20-44 of the Code of
the City Regarding the Removal Procedure for Rubbish.
Staff has been working on a number of issues which relate to the impact of rental properties
on neighborhoods. An issue which has been of concern to citizens who served on NRICo
(Neighborhood Rental Impacts Committee) is the use of"indoor" couches and other furniture
on lawns and roofs. This has been an on going problem in several neighborhoods, and can
be a source of significant frustration to neighbors. It symbolizes to them a decline in their
neighborhood. There is no existing, specific ordinance which allows the City to address this
problem.
This Ordinance amends the definition of "rubbish" to clearly prohibit the use of "indoor"
upholstered furniture outdoors where it is exposed to the elements. The definition would
include "upholstered furniture that is designed, manufactured and intended primarily for
indoor use but is used or stored outdoors on property. This would apply whether or not the
furniture is actually discarded. By clarifying this definition, placing this type of furniture
outdoors at a residence would more clearly be a violation of the provisions in Chapters 12
and 20 of the City Code which are used to enforce rubbish complaints.
Council's Health and Safety Committee reviewed this proposed ordinance and agreed that
it should be presented to Council for its consideration. Council members were concerned
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that the ordinance not prohibit "indoor" furniture from being used on porches. For this
reason, the ordinance as presented prohibits such furniture from being used or stored in areas
which do not have a roof.
24. Items Relating to the Miller -Fox Enclave Annexation and Zoning.
A. Resolution 97-138 Setting Forth Findings of Fact and Determinations Regarding the
Miller -Fox Enclave Annexation and Zoning.
B. First Reading of Ordinance No. 157, 1997, Annexing Property Known as the Miller -
Fox Annexation and Zoning.
C. First Reading of Ordinance No. 158, 1997, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Miller -Fox Annexation.
This is an involuntary annexation and zoning of an enclave area approximately 4.00 acres
in size, generally located on the west side of South County Road 9, between Horsetooth
Road and Harmony Road. The property is an existing single-family residence with accessory
structures that allow for horses on the property. The recommended zoning for this
annexation is HC-Harmony Corridor District, which is consistent with what is identified on
the City Structure Plan.
25. First Reading of Ordinance No. 159, 1997, Rezoning Approximately 101.45 Acres from the
RC. River Conservation, Zoning District to the T. Transition, Zoning District (63.72 acres)
and the E. Employment, Zoning District (37.73 acres) known as The Timberline Lakes
Rezoning.
This is a request to rezone approximately 101.45 acres located north of Prospect Road, south
of the Poudre River, and on either side of Timberline Road, from the RC, River
Conservation, Zoning District to the POL, Public Open Lands, Zoning District (63.72 acres)
and the E, Employment, Zoning District (37.73 acres). On March 18, 1997, the City Council
passed Ordinance No. 51, 1997, adopting a new Land Use Code, and Ordinance No. 52,
1997, adopting a new Zoning Map, which were designed to help implement the land use
policies of City Plan, the update to the City's Comprehensive Plan. At the time of the
adoption of the ordinances, approximately 27 rezoning issue areas had been identified where
either the property owner and/or the adjacent property owners and residents did not agree
with staff s recommendation for the zoning of an area. Rather than delay the adoption of the
new Code, the issue areas were guaranteed a rezoning process to be completed after adoption
of the ordinances. This property was included as an issue area because the City's Natural
Resources Department was negotiating for the purchase of a portion of the property and there
was the desire for the City Plan rezoning action to be "neutral factor" in the negotiations.
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Thus, this rezoning should be considered part of the continuation of establishing zoning for
City Plan.
26. Items Relating to Larimer Home Improvement Program.
A. Resolution 97-139 Authorizing the Mayor to Endorse the City's Participation in the
Larimer Home Improvement Program (LHIP) for the Next Fiscal Year.
B. First Reading of Ordinance No. 160, 1997, Appropriating Funds from the Affordable
Housing Fund Reserve for Use as Matching Funds for the Larimer Home
Improvement Rehabilitation Program.
The Larimer Home Improvement Program (LHIP) is a multi -jurisdictional program that
focuses on providing loans to low income households for the purpose of making safety and
structural repairs to their homes. Since its inception in 1994, the program has issued 40
home rehabilitation loans to low income households in Fort Collins. The program is
administered by the Loveland Housing Authority and uses State of Colorado HOME funds
as the primary funding source. In addition to the HOME funds, the State requires each
participating jurisdiction to provide 25% in matching funds. The City of Fort Collins match
has continued to be $22,500 annually. In previous years funds for the LHIP have been
allocated by City Council from the City's Affordable Housing Fund. In order to facilitate the
City's participation in the LHIP, it is necessary for the City Council to adopt Resolution 97-
139 and Ordinance No. 160, 1997.
27. First Reading of Ordinance No 161, 1997, Vacating Portions of An Alley Located on Block
22 in Connection with the Improvements Associated with the Depot Project.
The 1997 City Budget included funding for the beautification and enhancement of Block 22
(bounded by College Avenue, LaPorte Avenue, Mason Street, and Maple Street) and the old
freight depot site. Vacating this portion of the existing alley is necessary to complete
improvements for an on -site parking lot, pedestrian walkway, and bicycle facilities. This
project is part of the adopted Civic Center Master Plan and provides additional short and
long term parking for the core downtown as envisioned in the Downtown Parking Plan.
Paving the alley will also improve air quality by reducing air -borne particulates from the
existing dirt and gravel. Safe, well -lighted pedestrian access will be furnished by a
continuous walkway from LaPorte Avenue to Maple Street. This is a more direct route from
the downtown transit center to the 281 North College building. Enhancements include
bicycle racks and lockers.
In summary, this portion of alley right-of-way is no longer needed for this site. The new
improvements interconnect with all adjoining property and the remaining portion of alley for
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continued traffic access and circulation within Block 22. The portion of alley being vacated
shall remain as a utility easement to accommodate all of the existing utilities.
Upon vacation, half of the alley adjacent to the Old Town Car Wash will revert back to the
ownership of that property owner. Butch Stockover, owner of the Car Wash, has agreed to
deed his half of the alley to the City.
28. First Reading of Ordinance No. 162, 1997, Grantine a Non -Exclusive Sewer Line Easement
to South Fort Collins Sanitation District at SouthRidge Golf Course and Fossil Creek
Community
As a part of the continued development of Huntington Hills, the developer needs expanded
sewer capacity. After thorough investigation of the options, the developer has requested that
the City grant this sewer easement to the South Fort Collins Sanitation District. This
easement will be partially located on the Fossil Creek Community Park site, and will parallel
Fossil Creek on the SouthRidge Golf Course, connecting with an existing large sewer line
adjacent to the 13th fairway, near the SouthRidge Maintenance Building.
29. First Reading of Ordinance No. 163, 1997, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands for the Fossil Creek Trail Svstem.
Construction of the Fossil Creek Trail through the Cathy Fromme Prairie from Taft Hill
Road to the underpass at Shields Street is currently underway. In order to continue to the
east, the Clarendon Hills Homeowner's Association has offered to donate Tracts A, B, and
D along Shields Street for the trail. In return, the City has offered to landscape the Tracts in
order to buffer the trail from the homes in the vicinity.
The Homeowner's Association has requested the City initiate an eminent domain action in
order to complete the transaction. Without eminent domain, all Clarendon Hills homeowners
in the Association and all lending institutions holding deeds of trusts would need to execute
the conveyance document pursuant to the Bylaws of the Association.
30. Resolution 97-140 Adopting the City's 1998 Legislative Agenda.
Each year the LRC develops a legislative agenda to assist the City in the analysis of pending
legislation. The 1998 Legislative Agenda has been updated from the 1997 Legislative
Agenda and will be used as a guide for the upcoming General Assembly.
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31. Resolution 97-141 Authorizing the Purchase of Ice -slicer from Envirotech as an Exception
to the City's Competitive Purchasing Process.
The Streets Department requires cost efficient and environmentally safe street deicing. A
Colorado company, Envirotech, distributes the only such deicer that meets the necessary
quality standards at a cost effective price.
32. Items Relating to the Art in Public Places Project Associated with the Timberline Road
Extension and Dry Creek Channel Improvements
A. Resolution 97-142 Approving Expenditures from the Art in Public Places Reserve
Account in the Cultural Services and Facilities Fund and the Art in Public Places
Reserve Account in the Storm Drainage Fund For the Commission of an Artist to
Design and Create a Landscape Sculpture in Connection with Timberline Road
Extension and Dry Creek Channel Improvements.
B. First Reading of Ordinance No. 164, 1997, Authorizing the Transfer of
Appropriations Between the Dry Creek Basin Capital Project And the Art in Public
Places Reserve Account in the Storm Drainage Fund to Be Used for the Art in Public
Places Program.
In connection with the Timberline Road Expansion Project and Dry Creek Basin Project,
staff and the Art in Public Places Board have proposed to use $60,000 to commission Robert
Tully to create a landscape sculpture comprised of three parts: ripple mounds; a stone bench
at the center of the ripples; and a 150 foot masonry wall with wave and willow catkin shapes.
The Ordinance transfers $12,000, or 1% of the Dry Creek Channel Improvements Project,
from that capital project account into the Art in Public Places Reserve Account in the Storm
Drainage Fund for expenditure in connection with the proposed project.
The Selection Committee comprised of Art Public Places Boardmembers and two members
from the Timberline project team reviewed proposals for this project at the board meeting
on September 18. The Art in Public Places Board voted unanimously to select Robert Tully
for the Timberline Project.
33. Resolution 97-143 Making Findings of Fact and Conclusions Regarding the Appeal of a
Decision of the Planning and Zoning Board Relating to the Seedlings Preschool and Day
Camp.
On September 3, 1997, the appellants filed a Notice of Appeal of the Seedlings Preschool
and Day Camp, and the Amended Notice of Appeal was filed on September 19, 1997.
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October 21, 1997
On October 7, 1997, the City Council voted 7-0 to uphold the Planning and Zoning Board
decision to approve the Seedlings Preschool and Day Camp, Fairbrooke P.U.D. Lot 42 (1733
Somerville Drive), Project Development Plan/Final Plan. 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.
34. Resolution 97-144 Making an Appointment to the Zoning Board of Appeals
A vacancy currently exist on the Zoning Board of Appeals due to the resignation of Michael
Felner. Councilmembers Azari and Kneeland reviewed the applications on file and are
recommending Tom Sibbald be appointed to fill the vacancy with a term to begin
immediately and to expire on June 30, 1999.
35. Routine Deeds and Easements.
A. Deed of Easement from Michelle Reason to underground existing overhead electric
services, located at 518 West Olive. Monetary consideration: $10.
B. Deed of Easement from Glenn J. Zankey and JoAnn Hedleston to underground
existing overhead electric services at 224 South Whitcomb. Monetary consideration:
$10.
C. Deed of Easement from Pearl Yager to install concrete electric vault, located at 213
East Vine Drive. Monetary consideration: $562.50.
D. Deed of Easement from Stan R. Jurgens to underground existing overhead electric
services, located at 510 Whedbee. Monetary consideration: $10.
E. Quit Claim Deed from Rayline Development Corporation for a detention pond,
located on Tracts B and C of Five Oaks Village at Cunningham Comer. Storm
Drainage will accept responsibility for maintenance.
F. Deed of Easement from Huntington Hills, LLC of Colorado, for the purpose of two
temporary cul-de-sac access easements located north and east of Saturn Drive and
Fossil Creek Parkway. Monetary consideration: $0.
G. Deed of Easement from Cimarron Investment Properties Co., for a drainage and
access easement located east of McMurry Drive and between East Harmony Road
and Oakridge Drive. Monetary consideration: $0.
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H. Deed of Easement from Phelps-Tointon for a drainage and access easement located
west of North Lemay Avenue and between Lincoln Avenue and Buckingham Street.
Monetary consideration: $10.
I. Deed of Easement from Shenandoah Land Limited Liability Company for a utility
easement located on the west side of South College Avenue from County Road #32,
north for 2000 feet. Monetary consideration: $]0.
Deed of Easement from Shenandoah Land Limited Liability Company for a drainage
easement located on the west side of South College Avenue and north of County
Road #32. Monetary consideration: $10.
K. Deed of Easement from Webster Associates for a drainage and utility easement
located north of Lincoln Avenue and east of North Lemay Avenue. Monetary
consideration: $0.
L. Deed of Easement from Academy Court Enterprises LLC for a drainage easement
located at the north end of Academy Court. Monetary consideration: $0.
M. Deed of Easement from New Belgium Brewing Company for a sanitary sewer
easement located north of Buckingham Street and east of Linden Street. Monetary
consideration: $0.
N. Deed of Easement from New Belgium Brewing company for a drainage easement
located north of Buckingham Street and east of Linden Street. Monetary
consideration: $0.
O. Deed of Easement from AutoZone, Inc. for a pedestrian access easement located on
the south side of West Horsetooth Road and east of Manhattan Avenue. Monetary
consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
7. Second Reading of Ordinance No. 139,1997, Amending Article III of Chapter 17 of the City
Code Pertaining to Offenses Against Property.
8. Second Reading of Ordinance No. 140, 1997, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds.
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October 21, 1997
9. Second Reading of Ordinance No 141, 1997 Authorizing the Transfer of Appropriated
Amounts for the Flood Recovery Project.
10. Second Reading of Ordinance No 142 1997 Appropriating Unanticipated Revenue and
Prior Year Reserves in the Benefits Fund to Cover Medical Insurance Claims.
11. Second Reading of Ordinance No. 143, 1997, Appropriating Unanticipated Revenue in the
General Fund for the Community Mediation Program.
12. Second Reading of Ordinance No 144, 1997, Authorizing the Purchasing Agent to Enter into
an Agreement for the Lease -Purchase Financing of a New Finance System.
13. Second Reading of Ordinance No. 145, 1997, Authorizing a Ground Lease at the Transfort
Facility to the State of Colorado. Colorado State Patrol Division (CSP) for the Temporary
Relocation of the Highway Patrol Office in Fort Collins
14. Second Reading of Ordinance No. 146, 1997, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport for the Construction of an Aircraft Hangar.
15. Second Reading of Ordinance No 147, 1997 Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport for the Construction of an Aircraft Hangar.
16. Second Reading of Ordinance No. 148, 1997, Designating the J. C. Beers Barn, 311
Whedbee Street, as a Local Landmark Pursuant to Chapter 14 of the City Code.
17. Second Reading of Ordinance No. 149, 1997, Desi ng ating the Willard and Gladys Eddy
House and Shared Bam, 509 Remington Street, as a Local Landmark Pursuant to Chapter 14
of the City Code.
18. Second Reading of Ordinance No. 150, 1997, Designating the G. R. McDaniel House I. 632
Peterson Street, as a Local Landmark Pursuant to Chapter 14 of the City Code
19. Second Reading of Ordinance No. 151, 1997, Designating the Fred W. Stover House.
Garage, and Shared Barn, 515 Remington Street, as a Local Landmark Pursuant to Chapter
14 of the City Code.
20. Second Reading of Ordinance No 152, 1997, Issuing Multifamily Housing Revenue Bonds
for the Bull Run Townhomes Project.
21. Second Reading of Ordinance No. 153, 1997, Amending Section 2 8 4Ll of the Land Use
Code.
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October 21, 1997
Items on First Reading were read by title by City Clerk Wanda Krajicek.
22. First Reading of Ordinance No. 154, 1997, Amending Chanter 26 of the City Code Relating
to Fees for Raw Water Requirements of the Water Utility,
23. Items Relating to Rubbish.
A. First Reading of Ordinance No. 155, 1997, Amending Sections 12-16 and 20-41 of
the Code of the City of Fort Collins to Include Within the Definition of "Rubbish"
Upholstered Furniture That Is Designed, Manufactured and Intended Primarily for
Indoor Use but Is Used or Stored Outdoors.
B. First Reading of Ordinance No. 156, 1997, Amending Section 20-44 of the Code of
the City Regarding the Removal Procedure for Rubbish.
24. Items Relating to the Miller -Fox Enclave Annexation and Zoning,
A. First Reading of Ordinance No. 157, 1997, Annexing Property Known as the Miller -
Fox Annexation and Zoning.
B. First Reading of Ordinance No. 158, 1997, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Miller -Fox Annexation.
25. First Reading of Ordinance No. 159, 1997, Rezoning Approximately 101.45 Acres from the
RC. River Conservation, Zoning District to the T. Transition, Zoning District (63.72 acres)
and the E. Employment, Zoning District (37.73 acres) known as The Timberline Lakes
Rezonine.
26. First Reading of Ordinance No. 160, 1997, Appropriating Funds from the Affordable
Housing Fund Reserve for Use as Matching Funds for the Larimer Home Improvement
Rehabilitation Program,
27. First Reading of Ordinance No. 161. 1997, Vacating Portions of An Alley Located on Block
22 in Connection with the Improvements Associated with the Depot Project.
28. First Reading of Ordinance No. 162, 1997. Granting a Non -Exclusive Sewer Line Easement
to South Fort Collins Sanitation District at SouthRidge Golf Course and Fossil Creek
Community Park.
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October 21, 1997
29. First Reading of Ordinance No. 163, 1997, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands for the Fossil Creek Trail System.
39. Items Relating to the Overland Trail 3rd Enclave Annexation and Zoning_
A. First Reading of Ordinance No. 167, 1997, Annexing Property Known as the
Overland Trail 3rd Enclave Annexation.
B. First Reading of Ordinance No. 168, 1997, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Overland Trail 3rd Enclave Annexation.
40. First Reading of Ordinance No. 169. 1997. Rezoning Approximately 15 2 acres from the
LMN. Low -Density Mixed -Use Neighborhood. Zone, to the MMN Medium -Density Mixed -
Use Neighborhood. Zone. Known as the Good Samaritan Village Rezoning_
41. First Readine of Ordinance No. 170, 1997, Rezoning Approximately 191.6 acres from the
UE. Urban Estate (24.9 acres). the C. Commercial (44.9 acres), and the T. Transition (121.8
acres). Zoning Districts to the following districts: UE. Urban Estate (26.9 acres) LMN. Low -
Density Mixed -Use Neighborhood (15.7 acres). C, Commercial (44.9 acres) and E.
Employment (104.1 acres). Known as the Interstate Lands Property Rezoning_
42. First Reading of Ordinance No. 171. 1997, Rezoning Approximately 4.964 Acres from the
T, Transition. Zone to the LMN, Low -Density Mixed -Use Neighborhood, Zone. Known as
the Nauta Rezoning.
Councilmember Kneeland made a motion, seconded by Councilmember Mason, to adopt and
approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy,
Byrne, Kneeland, Mason and Smith. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager John Fischbach gave a brief report on the flood noting staff has completed its onsite
work with FEMA inspectors. The damage reported to FEMA totalled 1.3 million. He reported that
Federal Highway Administration funds would pay 80% of the cost for replacing the Remington
Street Bridge over Spring Creek and reported staff anticipates opening a portion of the Spring Creek
Trail from College Avenue to Lemay Avenue by the end of November. He reported the Community
Celebration (flood response thank -you) had been rescheduled and would take place October 26,
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October 21, 1997
1997. He noted the celebration is an opportunity for community members to thank individuals,
businesses and organizations for their assistance during and after the July 1997 flood.
United Way Director Bill Peck reported on the composition of the Resource Coordination
Committee.
Beth Juday, 716 Peterson, and Executive Director of the Stricker Short Foundation spoke of the
amount of money collected for the flood relief effort, and briefly reported on how the funds have
been used.
Councilmember Reports
Councilmember Mason stated the Finance Committee met with the Human Resource Director and
discussed the City's Total Compensation package for 1998. He stated adoption of the Consent
Agenda adopted the 1998 Legislative Agenda which addresses issues including education,
environmental quality, home rule, net metering and retail wheeling.
Councilmember Kneeland reported the Growth Management Committee met and received an update
on the West Central Neighborhood Plan and discussed anticipated changes to City Plan.
Councilmember Byrne reported the Poudre School District Liaison Committee met and discussed
Light and Power's plan to install a telecommunications "backbone" line. `
Councilmember Smith stated that with the adoption of the Consent Agenda, Council approved the
Art in Public Places Project for the Timberline Extension.
Councilmember Kneeland reported the Organizational Development Committee met and discussed
the need for enhanced communication between City Council and Boards and Commissions. She
stated the Committee also discussed updating City Dialogue.
Mayor Azari stated she and City Manager John Fischbach met with the County Commissioners and
discussed the upcoming Growth Management Committee meeting that Councilmembers and
Commissioners would be attending. She urged Councilmembers to attend if possible.
Items Relating to the Timberline Enclave
Annexation and Zoning, Adopted as Amended on First Reading
The following is staff's memorandum on this item.
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October 21, 1997
"Executive Summary
A. Resolution 97-145 Setting Forth Findings of Fact and Determinations Regarding the
Timberline Enclave Annexation and Zoning.
B. First Reading of Ordinance No. 165, 1997, Annexing Property Known as the Timberline
Enclave Annexation.
C. First Reading of Ordinance No. 166, 1997, Amending the Zoning District Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timberline
Enclave Annexation.
This is an involuntary annexation and zoning of an enclave area approximately 435 acres in size,
generally located east of the Union Pacific Railroad tracks, north of East Drake Road, and south
and west of the Burlington Northern Railroad tracks (see attached vicinity map). The property is
primarily in agricultural use, although industrial uses are located along the west side of Timberline
Road, including Bredero Price Company (former ENCOAT site) and a number of small businesses
in the former Fort Collins Pipe Company building. Existing commercial signs located on these
properties must conform to the City's Sign Code at the conclusion of a five year amortization period.
The largest single property -owner within the annexation is Spring Creek Farms, Inc. (approximately
350 acres). The recommended zoning includes], Industrial, E, Employment, UE, Urban Estates,
LAIN, Low Density Mixed Use Neighborhood, MMN, 116dium Density Mixed Use Neighborhood and
NC, Neighborhood Commercial.
APPLICANT: City of Fort Collins
OWNERS: Spring Creek Farms, Inc.
do Glen Johnson
3432 Carlton Avenue
Fort Collins, CO 80525
Cargill, Inc.
P. O. Box 5626
Minneapolis, MN 55440
General Steel Industries, Inc.
c% Randall, Rudolph and Assoc., Inc.
P. O. Box 610026
Dallas, TX 75261
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October 21, 1997
Energy Coatings Co., Inc.
clo Randall, Rudolph and Assoc., Inc.
P. O. Box 610026
Dallas, TX 75261
Timberline Star Properties, LLC
clo Craig Hau
401 West Mulberry
Fort Collins, CO 80524
BACKGROUND:
The surrounding zoning and land uses are as follows:
N. 1, E, R-C; electrical substation, existing industrial uses (Prospect East Subdivision)
E: R-C; existing industrial uses, including Lorimer County Jail, water treatment plant
S: R-L, L-M-N; agricultural use, existing single family residences (Dakota Ridge)
W: R-L, M-M-N existing single family residences (Parkwood East Subdivision)
The Timberline Annexation consists of approximately 435 acres, 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 located within the Fort Collins Urban Growth Area (UGA).
According to policies and agreements between the City of Fort Collins and Lorimer County,
contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN
GROWTH AREA, the City will agree to consider property in the UGA for annexation when the
property is eligible according to State law.
Enclave areas become eligible for annexation when they have been completely surrounded by
properties that have been within the City limits for at least three years. The area to be annexed has
been an enclave for at least three years and is therefore, eligible for annexation. The area became
completely surrounded through the following annexations:
N: East Prospect Road First Annexation - September 6, 1973
E: Rigdon Farm Annexation - August 16, 1988
East Prospect Road First Annexation - September 6, 1973
S: Blue Spruce Farm Annexation - October 6, 1987
Greenwalt Tenth Annexation - June 21, 1977
W: Union Pacific South Second Annexation - May 17, 1988
This area became eligible for involuntary annexation into the City on August 16, 1991. In
September of 1991, an enclave annexation of the area was proposed by City staff and discussions
began with the Johnson, owners of the majority of the area proposed for annexation (Spring Creek
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October 21, 1997
Farms, Inc.). Of concern to the Johnson were issues relating to pesticide application, stormwater
management, ditch maintenance, future urban improvements, sales tax and hunting leases.
Agreement was reached between the Johnsons and the City on many of these points; however,
several points remained unresolved at the time of the public hearings: exemptions were requested
from the payment of assessments for future street improvements and from paying City sales tax for
farming operations. They also asked for the ability to continue hunting on their property, once it
was within the City limits. However, City ordinances prohibit the discharging offirearms within
the municipal limits. As a result, the Johnson opposed the annexation. Few comments were
received from other property owners within the annexation.
When property is annexed, property taxes are adjusted by adding the City's mill levy and removing
the Poudre Fire Authority's mill levy. Purchases made by businesses within the annexation would
have to include City sales tax. Business expansions would require payment of the City use tax and
storm drainage fees would be assessed for the property, based on the amount of impervious area and
land uses.
At the time of the initial annexation proposal, the Planning and Zoning Board recommended
approval of the annexation and zoning into the I-P, Industrial Park and T-Transition Zoning
Districts. At first reading of the ordinance, the City Council requested that staff prepare annexation
and zoning options for Council to consider for the area. Staff proposed two options - to annex the
entire 435 acres; or to annex only the 87 acres located on the west side of Timberline Road. The
City Council ultimately declined to annex any of the property.
There are several issues related to enclave annexation areas that warrant the City considering their
annexation. First is the desirability to consolidate the provision ofpublic safety services. While fire
service is provided by Poudre Fire Authority in both the enclave areas and the City, police services
are not. The second issue is the ability to avoid confusion among the property owners, surrounding
property owners and the City or County. Probably the biggest issue here again relates to the
provision ofpublic safety services. People often don't realize that they are actually located in the
County when they are surrounded by City property. The third issue pertains to the likelihood of
development occurring under County regulations instead of the City's. The intergovernmental
agreement between the City of Fort Collins and Larimer County only applies to those land use
decisions requiring an action by the Board of County Commissioners. In the case of the Timberline
annexation, continued industrial development could occur on those properties zoned Industrial
within the County through the issuance of building permits for permitted uses.
Several issues regarding the impacts of annexation surfaced during discussions with property
owners and the Planning and Zoning Board hearings. While some involved issues similar to other
enclave annexations (financial impacts ofannexation, especially the implications of increased sales
and use taxes), others were unique to this area:
• The ability of the existing agricultural operations to remain viable both for Spring Creek
Farms and the Cargill agricultural research facility. Not only does annexation have sales
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October 21, 1997
and use tax implications, but concern has been expressed over their ability to continue some
farming activities such as pesticide application, wild animal control and ditch maintenance.
Most agricultural activities will continue to be allowed after annexation. Ditch burning will
continue to be allowed. The application of pesticides is regulated by the Poudre Fire
Authority and also would be allowed to continue. Wild animal control will also be allowed
to continue. The difference after annexation is that shooting of the animals will not be
allowed since firearms cannot be discharged inside the City limits.
• Noise associated with the operation of the Bredero Price pipe coating facility. Residents of
Park -wood East (located to the west of the proposed annexation) complained of excessive
noise from the pipe company and asked that either the City's noise standards be enforced
in the Countyfor Bredero Price or that the property be annexed so the regulations would be
enforced
At the April 14, 1997 Planning and Zoning Board meeting, Parkwood East residents testified
to the amount of noise coming from the Bredero Price property and how they had
complained to the City only to fund that the pipe company was located in the County and not
subject to the City's noise regulations. As a result, one of the reasons the April 14 meeting
was continued until June 30, 1997 was to give the neighbors and representatives of Bredero
Price an opportunity to address noise issues surrounding the pipe company's operations.
Bredero Price has addressed the noise concerns by committing to compliance with
applicable noise standards (although they have indicated they would prefer meeting the State
standards rather than Fort Collins standards since the measurements are taken at different
locations) and continuing to consider operational changes that would limit the amount of
noise.
• The potential increase in the cost of electrical power for Bredero Price when service would
be converted from Public Service to Light and Power.
Electrical service for Bredero Price is currently provided by Public Service Company
(PSCo). Should annexation occur, Fort Collins Light and Power would become the new
provider. 1996 electrical power charges for Bredero Price was over $295, 000. Estimated
1997 usage is over $324,000. One of the major concerns with annexation is that Light and
Power rates are higher and would result in a major increase in the cost of electricity.
However, as noted in the attachments, the Platte River Power Authority (Fort Collins'
wholesale power supplier) has agreed to a special rate that would result in an estimated
savings of $20, 000 over their 1997 bill.
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October 21, 1997
Alan Krcmarik, the City's Financial Officer, has prepared a discussion paper outlining general
financial issues that will impact properties annexed into the City (attached). This memorandum
identifies the primary differences in taxation, permitting requirements and licensing between the City
of Fort Collins and Larimer County. In addition, Dennis Sumner, from Light and Power, has
prepared a memorandum addressing conversion of electrical power in annexation areas from Public
Service Company to Light and Power (also attached - please note that this memorandum includes
information .specific to the K-2 annexation which IS NOT PART OF this annexation).
PLANNING AND ZONING BOARD RECOMMENDATION.
On June 30, 1997, the Planning and Zoning Board voted 3 - 2 to recommend that the City Council
approve the Timberline Annexation with the zoning recommended by staff and that the properties
receiving the I - Industrial zoning be placed in the non-residential sign district. As part of the
motion, the Board asked the Council to consider exempting all farm equipment purchases for Spring
Creek Farms and the Cargill research facilityfrom sales and use taxes and that any new equipment
purchases by Bredero Price be tax exempt.
STAFF RECOMMENDATION.•
Staffrecommends approval of the Timberline Annexation with zoning consistent with the Structure
Plan and with the 1- Industrial zoned properties being excluded from the Residential Neighborhood
Sign District. Staff does not support the Planning and Zoning Board's recommendation of
exempting farm equipment purchases and Bredero Price equipment purchases frorn sales and use
taxes. "
Director of Current Planning Bob Blanchard gave a brief staff and slide presentation outlining the
site location. He stated staff is recommending zoning districts be applied to be consistent with the
Structure Plan and reported County enclave areas surrounded by the City become eligible for
annexation after three years. He spoke of the primary issues associated with this annexation and
stated the agriculture uses could continue and could expand under the nonconforming use review.
He clarified ditch burning, application of pesticides, as regulated by the Poudre Fire Authority, and
live trapping of wild animals would be allowed to continue. He spoke of noise issues and increased
electric rates and responded to Council questions regarding conforming uses.
Finance Director Alan Krcmarik responded to Council questions and stated without extensive
analysis he could not estimate sales and use tax costs.
Blanchard stated operational changes at Bredero Price have taken place in an attempt to reduce noise
levels.
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October 21, 1997
Christine Bauer, attorney representing Cargill, Inc., objected to the annexation stating she believed
it was premature, since it was not proposed by landowners or inspired by pending development in
the area. She disagreed with the zoning designation for Cargill and spoke of the type of work being
done and of the variety of conditions needed to perform the work. She stated the facility would be
forced to leave the City within a five year time frame and requested the property be zoned I -
Industrial or E-Employment.
Ken Salazar, attorney representing the Bredero Price Company, spoke of the company's efforts to
reduce noise and stated that if this ordinance is applied, the company would not be able to comply
with the requirements. He requested that as a condition of the annexation, Council direct the City
Manager to work with Bredero Price on a variance that would allow the Company to continue with
compliance of the State noise standards as set forth in the State Statue.
Steve Shenk, resident of Parkwood East, expressed concerns regarding noise levels and spoke of his
desire to have the City's noise ordinance enforced. He stated neighbors expressed concerns
regarding the decreased resale value of their homes due to noise levels at the plant. He reported on
the company's successful attempt in reducing noise levels over the summer, but expressed concerns
that there is nothing that mandates that the levels be kept down.
Armando Ballofet, 2306 Eastwood Drive, thanked Bredero Price for its efforts in reducing noise
levels and urged Council to require noise levels be maintained at an acceptable measure.
Dr. Lorin DeBonte, 3706 Rochdale Drive and employee of Cargill Inc., spoke of the benefits of
being annexed, but expressed concerns regarding incorporating the zoning plan with the annexation.
Cal Johnson, Spring Creek Farms, spoke in opposition to the annexation and zoning.
Blanchard responded to Council questions regarding the T-Transition zone, stating that the zoning
district could remain T-Transitional indefinitely or until the City or property owners requested a
change. He stated that under the T-Transitional zoning conditions that exist on the current property
would be allowed to remain. He responded to Council questions and stated the Cargill Company
would fit into the E-Employment or I -Industrial zoning district.
Environmental Planner Brian Woodruff reported that, based on survey measurements conducted
during the summer, the plant was in compliance with noise levels. He stated that a representative of
Bredero Price commented on the difficulty in keeping the noise at an acceptable level for an
extended period of time.
Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Resolution
97-145.
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October 21, 1997
Councilmember Kneeland stated she would support the motion because it complies with the
agreement the City has with Larimer County regarding land annexation.
Mayor Azari spoke in support of the motion.
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Smith made a motion, seconded by Councilmember Mason, to adopt Ordinance No.
165, 1997 on First Reading.
The vote on Councilmember motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byme,
Kneeland, Mason and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 166, 1997 on First Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason
and Smith. Nays: None.
THE MOTION CARRIED.
Items Relating to the Overland Trail 3rd Enclave
Annexation and Zoning, Adopted as Amended on First Reading
The following is staffs memorandum on this item.
"Executive Summary
A. Resolution 97-146 Setting Forth Findings of Fact and Determinations Regarding the
Overland Trail 3rd Enclave Annexation and Zoning.
B. First Reading of Ordinance No. 167, 1997, Annexing Property Known as the Overland Trail
3rd Enclave Annexation.
C. First Reading of Ordinance No. 168, 1997, Amending the Zoning District Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the Overland
Trail 3rd Enclave Annexation.
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October 21, 1997
This is an involuntary annexation and zoning of an enclave area approximately 4.63 acres is size,
generally located on the west side of South Overland Trail, on the south side of Prospect Road
(extended), between Prospect Road and Palm Court (directly south of the developing Ponds at
Overland Trail project). The portion of the site adjacent to Overland Trail is currently used as an
outdoor storage yard for trailers, autos and RVs which is an illegal use in the FA-1 County zone
district. The section of the area to the west of the property is used for grazing and pasture, which
is a permitted use in the FA-1 County zone district. The proposed zoning for this annexation is
MMN-Medium Density Mixed -use Neighborhood, and outdoor storage is not permitted in this zone
district. The use would remain an illegal use under the proposed City zoning and will be subject to
an abatement period during which time the property must be brought into compliance with the City's
regulations.
APPLICANT: City of Fort Collins
OWNER: Rex. S. Miller
3833 Spruce Drive
Fort Collins, Colorado 80526
BACKGROUND:
The surrounding zoning and land uses are as follows
N. RL; single-family residential (Ponds at Overland Trail --First Filing)
E: NC; Gas station, mini -storage, convenience store
S: MAIN; single-family residence, multi family
W: MMN,• multi family
The Overland Trail 3rd Enclave Annexation consists of approximately 4.63 acres, located generally
on the west side of South Overland Trail, on the south side of Prospect Road (extended), between
Prospect Road and Palm Court (directly south of the developing Ponds at Overland Trail project).
The property is located within the Fort Collins Urban Growth Area (UGA). According to policies
and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to
consider annexation ofproperty in the UGA when the property is eligible for annexation according
to slate law. The intent of the policy is that properties in the Urban Growth Area be annexed into
the City when eligible and developed to urban standards.
Enclave areas become eligible for annexation when they have been completely surrounded by
properties that have been within the City limits for at least three (3) years. The area to be annexed
has been an enclave for at least three (3) years and, therefore, is eligible for annexation.
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October 21, 1997
The property became completely surrounded by the City of Fort Collins through the following
annexations:
N: Overland Trail Annexation (1994) -August 22, 1994
E: West Prospect Second Annexation -September 16, 1965
S: Steely Annexation -October 16, 1979, and Foothills Annexation -August 8, 1970
W: South Foothills Annexation - March 18, 1971
The property became eligible for annexation as an enclave on August 22, 1997.
There are several issues related to enclave annexation areas that warrant the City considering their
annexation.
• First is the desirability to consolidate the provision of public safety services. While
fire service is provided by the Poudre Fire Authority in both enclave areas and
within City limits, police services are limited to areas within the City.
• The second issue is the ability to avoid confusion among the property owners,
surrounding property owners, and the City or County entities. Again, this is related
to the provision ofpublic safety services as it is common for those individuals who
are part of an enclave to not realize they are actually part of the County, not the
City.
• The third issue pertains to the likelihood of development occurring under County
regulations rather than those ofthe City. The Intergovernmental Agreement between
the City of Fort Collins and Larimer County only applies to those land use decisions
requiring an action by the Board of County Commissioners. Therefore, development
may take place through the issuance of building permits for permitted uses.
This property is currently zoned FA -I Farming in Lorimer County. The proposed zoning for this
annexation is the MMN-Medium Density Mixed -use Neighborhood Zone District. The MAIN Zone
District is intended to be a setting for concentrated housing within easy walking distance of transit
and a commercial district and also allows some limited neighborhood commercial uses. Much of
the adjacent area is zoned MMN, and the MMN Zone District designation is consistent with what
is indicated on the adopted City Structure Plan and the policies of City Plan, and is compatible with
the existing uses and surrounding zoning.
The existing use on the east portion of this property is an outdoor storage lot for cars, trucks,
recreational vehicles, boats, etc. The west portion of the property is currently vacant land that has
been used as grazing and pasture in the past. Pasture and grazing are allowable as permitted uses
in the FA-1 County zone district, however, the outdoor storage lot is an illegal use in the County
zone district.
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October 21, 1997
If this area is annexed into the City, the existing outdoor storage lot use will become an illegal use
and the grazing and pasture a non -conforming use in the MMN-Medium Density Mixed -use
Neighborhood Zone District.
The Larimer County Board of Commissioners held a meeting on January 13, 1997, to address the
storage lot zoning violation. The result of that meeting was that the Commissioners granted the
property owner time to seek voluntary annexation of the property into the City, and that the
Commissioners would not pursue the violation unless the property is not annexed into the City. The
minutes of the Commissioner's meeting are attached for reference.
Prior to the adoption of the Land Use Code, Mr. Miller met with City staff to discuss annexation and
was directed that the City was unable to process an annexation petition until the Land Use Code was
adopted in March, 1997. Since that time, this area has become eligible for involuntary enclave
annexation by the City.
As an illegal use, there will be a thirty (30) day abatement period for this property to be brought into
compliance with the City's regulations upon the effective date of annexation. In addition, any
existing commercial signs must conform to the City's Sign Code at the conclusion of a five-year
amortization period. This annexation will not increase the total number of off -premise signs that
currently exist in the City of Fort Collins.
Staff met with the property owner on September 11, 1997, to review the proposed annexation. At
that meeting, the property owner requested that City staff further consider an alternative to zoning
the property MMN, the length of time for the abatement period, and the existence of a water tap
serviced by the Fort Collins -Loveland Water District, as well as provide additional information
regarding the potential financial impact of annexation. A letter was sent to the property owner
outlining City staffs position of the issues he raised at the meeting, and a copy of the letter and
attachments are included with this Agenda Item Summary. The issues are addressed below:
Staffs Recommended Zoning of MMN
• The staff believes that the NC -Neighborhood Commercial Zone District (which is favored
by the property owner) is not appropriate for the property. The property owner voiced the
concern that commercial/retail uses are not allowable uses in the MMN Zone District, and
the NC Zone District would allow for such uses.
In response, City staff recommends that the MMN Zone District is consistent with the City
Structure Plan and the NC Zone District would required an amendment to the City Structure
Plan. NC zoning exists on the east side of Overland Trail consistent with the City Structure
Plan designation. In addition, the MMN Zone District permits mixed -use dwellings,
therefore allowing commercial/retail space on the first level and residential units on the
second floor as well as additional neighborhood scale commercial uses.
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October 21, 1997
Time of Abatement Period
• Different abatement periods, ranging from sixty (60) days to six (6) months to one (1) year
were suggested rather than the recommended thirty (30) days. This additional time request
is to allow for adequate notification of those individuals leasing spaces in the outdoor
storage yard to find an alternative location.
Regarding the abatement period for the illegal use, City staff's recommendation is for a
thirty (30) day abatement period from the effective date of the annexation. This is the
standard length of time that is granted by the City's Zoning Department far abatement of
illegal uses after property owners are cited with a zoning violation. This property has been
the subject of a zoning violation citation in the County as far back as November 20, 1996.
City staff has consistently informed the property owner that the storage yard would be an
illegal use in the MMN zone district.
Possible Reimbursement for a Fort Collins -Loveland Water Tap
• There is a water lap serviced by the Fort Collins -Loveland Water District on the premises.
Staff was asked to research the possibility of reimbursement for the water tap.
City staff contacted Mr. Mike DiTullio, District Manager with the Fort -Collins Loveland
Water District, to confirm the existence of a water tap serviced by the District on the
property. Mr. DiTullio informed staff that the tap was purchased in 1995 when the property
was bought from the Public Service Company, and the 314" tap has been activated Mr.
DiTullio stated that if there is a change in use on the premises, the City requires the
purchase of a new tap, and the existing tap may be kept for irrigation purposes only (see
attached letter addressing this issue).
Impact ofAnnexation on Taxes
• The potential impact of annexation on taxes was questioned.
A memo written by Alan Krcmarik regarding the financial impact upon annexation was
attached to the letter dated September 17, 1997. Please note that while this memorandum
relates to the K-2 annexation, the information applies to all annexations.
City staffcontacted Mr. Larry Johnson, DeputyAssessor with the Larimer County Assessor's
Office, to confirm the present and potential increase in property tax. Mr. Johnson informed
staff that the property value would not increase much, if at all, until the property is platted.
Property value is one of the factors in the calculation ofproperty tax, as well as the current
mill levy, proposed use of the property, and whether the property is subdivided. The
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October 21. 1997
property will need to be platted if a development proposal is submitted and before a building
permit can be pulled.
After the property is platted, the property tar will increase depending on the use and whether
the property is subdivided (seethe attached letter from Mr. Johnson). Upon annexation,
however, the change in zoning will not initiate an action which would result in an increase
in property values, and, therefore, no increase in property taxes will occur until such time
the mill levy increases or the property is subdivided.
As noted in the letter dated October 15, 1997, from the property owner's legal representatives, the
property owner has requested that the enclave annexation be continued or, if the annexation
proceeds, the property be placed in the T-Transition Zone District.
Staff does not support the property owner's request for the T-Transition zone District, because the
language of the Land Use Code allows any existing uses on the property at the time of the zoning
to remain and continue. The Land Use Code states:
"No use shall be permitted ofproperties in the t District except such use as existed
on the date the property was placed into this zone district. " [Section 4.9(B) (1) (a)]
The property owner's letter indicates that notice has been given to all owners of the illegally -stored
vehicles that they must be removed no later than December 15, 1997, (the effective date of the
annexation if it is to proceed). However, without verification that the notice has been given as well
as conditions for their removal, staff continues to recommend the MMN zoning consistent with the
City Structure Plan. Regardless of the zoning of the property at the time of annexation, the property
owner will be allowed to continue the non-comforming agricultural use of the property, in
accordance with the standards defined in the Land Use Code because the agriculture use is not an
illegal use in the County.
PLANNING AND ZONING BOARD RECOMMENDATION:
On October 2, 1997, the Planning and Zoning Board voted 6-0 to recommend that the City Council
approve the Overland Trail 3rd Annexation with the zoning recommended by staff.
STAFF RECOMMENDATION:
Staff recommends approval of the Overland Trail 3rd Annexation with a zoning of MMN-Medium
Density Mixed -use Neighborhood Zone District, which is consistent with the adopted City Structure
Plan. "
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October 21, 1997
City Planner Leanne Harter gave a brief staff presentation on this item and spoke of the properties
and types of businesses prohibited under the MMN zoning. She clarified if this property is annexed,
outdoor storage lots would be an illegal use and reported on the potential impact the annexation
would have on property taxes.
Rex Miller, 3833 Spruce Drive and affected property owner, expressed concerns regarding the MMN
zone, stating he did not understand what would be acceptable for development on the property. He
urged Council to zone the property T-Transitional. He expressed concerns regarding development
criteria for convenience stores and requested additional time before zoning is imposed to explore
options before being forced to accept the zoning.
Harter responded to Council questions regarding the staff opposition to T-Transitional zoning,
clarifying any uses currently existing on the date the property is zoned T-Transition would be
allowed to continue. She spoke of fencing currently existing on the property and stated it does not
meet the criteria of the Land Use Code.
City Attorney Steve Roy stated concerns could be addressed between First and Second Reading if
the property were to be zoned T-Transition.
Councilmember Mason requested the elimination of the chain link fence be added to the condition
placed on the T-Transition.
Director of Current Planning Bob Blanchard clarified a convenience store would not be considered
an appropriate use under the criteria of the Land Use Code.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Resolution
97-146. Yeas: Councilmembers Azari, Bertschy, Byrne, Mason and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Kneeland made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 167, 1997 on First Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason
and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Smith made a motion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 168, 1997 T-Transition Zoning subject to MMN with the condition that neither the existing
outdoor storage use or the chain link fence which is currently in violation under the City Code would
be permitted.
Blanchard responded to Council questions regarding various zoning options for the property.
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October 21, 1997
Policy Analyst Tom Vosburg stated that Mr. Miller was told that staff would prefer to look at a
development plan for the entire parcel and clarified the plan could be amended during the process.
Blanchard clarified development is prohibited while zoned T-Transition.
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None.
THE MOTION CARRIED.
Items Related to the Good Samaritan Village
Property Amendment to the City Structure Plan Map
and the Good Samaritan Village Rezoning. Adopted on First Reading.
The following is staffs memorandum on this item.
"Executive Summary
A. Resolution 97-147 Amending the City Structure Plan Map Changing the Designation of the
Good Samaritan Village Property from a Low -Density Mixed -Use Residential Neighborhood
to a Medium -Density Mixed -Use Residential Neighborhood.
B. First Reading of Ordinance No. 169, 1997, Rezoning Approximately 15.2 acres from the
LMN, Low -Density Mixed -Use Neighborhood, Zone, to the MMN, Medium -Density Mixed -
Use Neighborhood, Zone, Known as the Good Samaritan Village Rezoning.
On March 18, 1997, the City Council passed Ordinance No. 51, 1997, adopting a new Land Use
Code, and Ordinance No. 52, 1997, adopting a new Zoning Map, which were designed to help
implement the land use policies of City Plan, the update to the City's Comprehensive Plan. At the
time of the adoption of the ordinances, approximately 27 rezoning issue areas had been identified
where either the property owner and/or the adjacent property owners and residents did not agree
with staffs recommendation for the zoning of an area or piece of property. Rather than delay the
adoption of the new Land Use Code until all issues could be resolved, the issue areas were
guaranteed a free rezoning process to be completed after adoption of the ordinances. The process
would look again at the City Structure Plan map and potential zoning designation. While this
property was not identified as one of the March 1997 issue areas, it is staff's opinion it should be
treated as one and, thus, should be considered a continuation of rezoning process of March 1997,
establishing zoning for City Plan. This Good Samaritan Village Rezoning is a request to rezone
approximately 15.2 acres located north of Trilby Road and west of Constellation Drive from the
LW,, Low -Density Mixed -Use Neighborhood, Zone, to the MMN, Medium -Density Mixed -Use
Neighborhood, Zone.
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October 21, 1997
would look again at the City Structure Plan map and potential zoning designation. While this
property was not identified as one of the March 1997 issue areas, it is staffs opinion it should be
treated as one and, thus, should be considered a continuation of rezoning process of March 1997,
establishing zoning for City Plan. This Good Samaritan Village Rezoning is a request to rezone
approximately 15.2 acres located north of Trilby Road and west of Constellation Drive from the
LMN, Low -Density Mixed -Use Neighborhood, Zone, to the MMN, Medium -Density Mixed -Use
Neighborhood, Zone.
APPLICANT: Good Samaritan Village OWNER: Same
508 West Trilby Road
Fort Collins, CO 80526
BACKGROUND:
On February 19, 1997, the City Council began the final steps to complete a two-year long process
to update the City's Comprehensive Plan with the passage of Resolution 97-25, adopting the
Community Vision and Goals 2015 document, the City Structure Plan map, and the City Plan
Principles and Policies document as the three major elements of the new City Platt.
On March 18, 1997, the process continued as the Council adopted Resolution 97-44, amending the
City Structure Plan map, and the passage of Ordinance No. 51, 1997, and Ordinance No. 52, 1997,
coding a new Land Use Code and a new Zoning Map respectively. The City Structure Plan map
was initially adopted in July 1996. In the period between July 1996, and March 1997, the new
Zoning Map was developed. The development of the Zoning Map caused a reevaluation of the
Structure Plan map and resulted in over 40 changes, which, as indicated, were approved by the
Council in March. In addition, at the time of the adoption of Ordinances No. 51 and 52, 1997,
approximately 27 rezoning issue areas had been identified where either the property owner and/or
the adjacent property owners and residents did not agree with staffs recommendation for the zoning
ofan area or apiece ofproperty. Rather than delay the adoption of the new Land Use Code until
all issues could be resolved, the issue areas were guaranteed a rezoning process to be completed
after adoption of the ordinances. The process would look again at the City Structure Plan and
potential zoning designation. While this property was not identified as one of the March 1997 issue
areas it is staffs opinion that it should be treated as one and, thus, should be considered a
continuation of rezoning process of March 1997, establishing zoning for City Plan.
In the latter part of 1996, the property owner started meeting with City staff and initiated the
planning process to construct additional facilities and multi family housing units on the subject
property. Given initial positive comments and support from staff regarding their proposal, the
property owner never expected the City Plan rezoning of the property to change the zoning in a
manner which would not allow a portion of their proposed project to proceed The property owner,
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October 21. 1997
thus, did not comment on nor object to the proposed LMN Zone for their property prior to its
placement in that zone; if they had, it would have been added to the rezoning issue areas list. It was
not until after March 1997, when Project Development Plan (PDP) submittals were being prepared
that the zoning issues surfaced. Staff conducted several meetings with the property owner exploring
all possible avenues to allow the project to proceed Rezoning the property to MMN is, in staffs
opinion, the best option to pursue.
The surrounding zoning and land uses are as follows
N: R, Residential (County), Skyview Subdivision
S: R-L, Low Density Residential, Ridgewood Hills PUD
E: R, Residential (County), Skyview Subdivision
W: FA-1, Farming (County), large lot residential development
This property was annexed into the Ciry as part of the Good Samaritan Village Annexation in July
1996, and was placed into the R-L-P, Low Density Planned Residential, Zoning District, with a PUD
condition. The R-L-P Zone was for areas planned as a unit to provide variation in use, density, and
building placement. The PUD condition required all development proposals to be submitted and
reviewed against the criteria of the Land Development Guidance System (LDGS). The annexation
and zoning was completed with the full expectation of both the property owner and staff that future
development of this site as contemplated would be appropriate under City regulations.
Rezoning:
The placement of the MMN Zone on the property would recognize the current use and nature of the
subject property. The Good Samaritan Village facility is a multi -story apartment complex and is
currently a legal non -conforming use. While the City Structure Plan map is the basis for most of
the zoning districts in the city, there are several examples where the MMN Zone was placed on
properties in recognition of their current use even though the Structure Plan map designated the
properties as components of low -density mixed -use neighborhoods. For example, the multi family
uses south and west of Rocky Mountain High School have been placed into the MMN Zone although
the area is shown on the Structure Plan as a low -density mixed -use neighborhood. Likewise, the
Woodlands Apartments at the northeast corner of Shields Street and Harmony Road are zoned MMN
while the site is depicted as low -density mixed -use neighborhood on the Structure Plan. There are
also examples of existing multi family uses being designated as medium -density mixed -used
residential neighborhoods on the Structure Plan and being placed in the MMN Zone mainly because
of their existing character. The Parkwood East Apartments being one example, and the location of
the Oakbrook Apartments 1 & II and the Windmill Apartments being another.
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October 21, 1997
Thus, essentially, staff is indicating that the placement of the LMN Zone on the subject property was
a mistake which should be corrected to the MMN Zone. A change should also be made to the
Structure Plan depicting the property as a medium -density mixed -use residential neighborhood. The
change to the Structure Plan would leave no doubt about the MMN zoning's consistency with the
City's Comprehensive Plan.
NEIGHBORHOOD MEETING:
Neighborhood meetings have not been conducted in conjunction with the proposal to amend the
zoning from LMN to MMN. However, neighborhood meetings have been held allowing adjacent
property owners and residents to comment on the specific Project Development Plans (PDPs) for
the property. In the future, additional neighborhood meetings will be held for future PDPs. In
addition, letters were mailed to affected property owners informing them of the Council's
consideration of the rezoning request.
FINDINGS OF FACTICONCL DSION.
The subject property was placed into the LMN Zone by mistake. If the owners had been
aware of the implication of the LMN Zone on their development proposal, they would have
objected and the property would have been placed on the rezoning issue area list.
2. The MjWN Zone recognizes the existing multifamily complex and the multi family nature of
the property and would require an amendment to the City Structure Plan map in order to be
consistent with the City's Comprehensive Plan. Designating the property as a medium -
density mixed -use residential neighborhood is an appropriate change to be made to the City
Structure Plan map.
PLANNING AND ZONING BOARD RECOMMENDATION:
On October 16, 1997, the Planning and Zoning Board held a public hearing and considered the
rezoning of this property from LMN to MMN A memorandum summarizing the Board's
recommendation has been sent to the Council under separate cover and placed in the "Read Before
Meeting" file..
STAFF RECOMMENDA TION:
Staff recommends approval of a rezoning to the MMN Zoning District. Staff also recommends
approval ofan amendment to the City Structure Plan map changing the propertyfrom a low -density
mixed -use residential neighborhood designation and depicting the property as a medium -density
mixed -use residential neighborhood. "
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October 21, 1997
Chief Planner Ken Waido gave brief presentation on this item and spoke of the various zoning
options available for the property.
Councilmember Mason made a motion, seconded by Councilmember Kneeland, to adopt Resolution
97-147. Yes: Cotmcilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Bertschy made a motion, seconded by Councilmember Kneeland, to adopt
Ordinance No. 169, 1997. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and
Smith. Nays: None.
THE MOTION CARRIED.
Items Relating to the Interstate Lands Property
Amendment to the City Structure Plan Map and the
Interstate Lands Properly Rezoning, Adopted on First Reading.
The following is staff's memorandum on this item.
"Executive Sammary
A. Resolution 97-148 Amending the City Structure Plan Map Changing the Designation of a
Portion of the Interstate Lands Property from a Low -Density Mired -Use Residential
Neighborhood to an Employment District.
B. Hearing and First Reading of Ordinance No. 170, 1997, Rezoning Approximately 191.6
acres from the UE, Urban Estate (24.9 acres), the C, Commercial (44.9 acres), and the T,
Transition (121.8 acres), Zoning Districts to the following districts: UE, Urban Estate (26.9
acres), LMN, Low -Density Mixed -Use Neighborhood (15.7 acres), C, Commercial (44.9
acres), and E, Employment (104.1 acres), Known as the Interstate Lands Property Rezoning.
On March 18, 1997, the City Council passed Ordinance No. 51, 1997, adopting a new Land Use
Code, and Ordinance No. 52, 1997, adopting a new Zoning Map, which were designed to help
implement the land use policies of City Plan, the update to the City's Comprehensive Plan. At the
time of the adoption of the ordinances, approximately 27 rezoning issue areas had been identified
where either the property -owner and/or the adjacent property -owners and residents did not agree
with staffs recommendation for the zoning of an area or piece ofproperty. Rather than delay the
adoption of the new Land Use Code until all issues could be resolved, the issue areas were
guaranteed a free rezoning process to be completed after adoption of the ordinances. The process
would look again at the City Structure Plan map and potential zoning designation. This property
is one such issue area and, thus, should be considered a continuation of the rezoning process of
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October 21, 1997
March 1997, establishing zoning for City Plan. This Interstate Lands Rezoning would rezone
approximately 191.6 acres located north of Prospect Road and west of I-25 from the UE, Urban
Estate (24.9 acres), the C, Commercial (44.9 acres), and the T, Transition (121.8 acres), Zoning
Districts to the following districts: UE, Urban Estate (26.9 acres), LAIN, Low -Density Mixed -Use
Neighborhood (15.7 acres), and E, Employment (104.1 acres). The existing C zoned area is
included so its boundaries can be legally described and the UE zoned area is included in order to
be legally described as part of the Neighborhood Sign Code District.
APPLICANT: LGT Real Estate OWNER: LGT Real Estate
c% Eldon Ward
Cityscape Urban design
3555 Stanford Road
Suite 105
Ft. Collins, CO 80525
BACKGROUND:
On February 18, 1997, the City Council began the final steps to complete a two-year long process
to update the City's Comprehensive Plan with the passage of Resolution 97-25, adopting the
Community Vision and Goals 2015 document, the City Structure Plan map, and the City Plan
Principles and Policies document as the three major elements ofthe new City Plan.
On March 18, 1997, the process continued as the Council adopted Resolution 97-44, amending the
City Structure Plan map, and the passage of Ordinance No. 51, 1997, and Ordinance No. 52, 1997,
codifying a new Land Use Code and a new Zoning Map respectively. The City Structure Plan map
was initially adopted in Judy 1996 In the period between July 1996, and March 1997, the new
Zoning Map was developed. The development of the Zoning Map caused a reevaluation of the
Structure Plan map and resulted in over 40 changes which, as indicated, were approved by the
Council in March. In addition, at the time of the adoption of the Ordinances No. 51 and 52, 1997,
approximately 27 rezoning issue areas had been identified where either the property -owner and/or
the adjacent property -owners and residents did not agree with staffs recommendation for the zoning
ofan area or apiece ofproperty. Rather than delay the adoption of the new Land Use Code until
all issues could be resolved, the issue areas were guaranteed a rezoning process to be completed
after adoption of the ordinances. The process would look again at the City Structure Plan and
potential zoning designation. This property is one such issue area and, thus, should be considered
a continuation of the rezoning process of March 1997, establishing zoning for City Plan.
In March 1997, the property -owner was offered two choices for the temporarx zoning of the
property: accept staffs recommendation for the LAM, Low -Density Mixed -Use Neighborhood, Zone,
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October 21, 1997
for a portion of the property or place that portion of the property into the T, Transition, Zone. The
owner selected the second option.
The surrounding zoning and land uses are as follows:
N: I, Industrial (County), mix of commercial and industrial uses
S: C, Commercial, E, Employment, and RC, River Conservation, undeveloped, site is the
location of the City's Resource Recovery Farm
E: C, Commercial, adjacent to I-25 interchange, and 1, Industrial, east of I-25
W.• UE, Urban Estate, undeveloped, FA-1, Farming (County), large lot residential, and R,
Residential (County), small lot residential
This property was annexed into the City as part of the Interstate Lands First and Second
Annexations in 1989, and was placed into two zoning districts, the H-B, Highway Business, Zone
(151.6 acres) and the R-P, Planned Residential, Zone (40.0 acres). See attached map of 1989 zoning
district boundaries. The H-B, Zone was for properties which were expected to develop with
automobile -oriented uses. The R-P Zone was for areas planned as a unit to provide a variation in
use and building placement. In the past, discussions concerning the potential use of the property
centered on the site being an appropriate location for a regional shopping mall and the H-B Zone
would have been consistent with such a development.
Rezonine:
The applicant and property -owner, LGT Real Estate, requests that the City rezone approximately
191.6 acres from the UE, Urban Estate (24.9 acres), C, Commercial (44.9 acres), and the T,
Transition (121.8 acres), Zoning Districts to the following districts: UE, Urban Estate (26.9 acres),
LMN, Low -Density Mixed -Use Neighborhood (15.7 acres), C, Commercial (44.9 acres), and E,
Employment (104.1 acres). See attached map showing proposed zoning district boundaries.
According to Division 4.9 (B)(1)(c) the City Council must rezone property in the T Zone, at the
request of the property owners, to another zone district authorized under Article 4 of the Land Use
Code.
The applicant has submitted justifcations for the requested zones in a memorandum to staff (see
attached memorandum from Eldon Ward dated August 6, 1997). The applicant's justifications in
summary are as follows:
1. Neighborhood residents desire UE zoning along the western border of the property to act
as a buffer.
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October 21, 1997
The C and E districts are favored by adjacent residents over the LMN Zone because of the
density requirement of the LMN Zone.
2. The applicant has made substantial contributions and participated with the City in
infrastructure improvements with the understanding the property would develop with fairly
intense urban uses.
An annexation agreement between the applicant and the City was based on a conceptual
master plan consistent with the initial H-B Zoning.
4. Previous planning efforts were based on the assumption the property would develop with
employment and commercial uses.
5. Previous drafts of the City Structure Plan map depicted different land uses.
6. The property is within the proposed '7-25 Special Study Corridor" and the City Plan
Advisory Committee (CPAC) recommended that properties along the 1-25 corridor be placed
into a zone similar to existing zoning.
As indicated, the above justifications are a summary of the applicants reasons for the requested
zones, please refer to the August 6 memorandum for more detail.
NEIGHBORHOOD MEETING:
A neighborhood meeting was conducted on July 24, 1997. In addition, letters were mailed to
affected property -owners informing them of Council's consideration of the rezoning request.
At the time of the neighborhood meeting, the property -owner's requests for zoning included: UE
Zone (14.1 acres); LMN Zone (28.5 acres); E Zone (97.2 acres) and C, Zone (51.9 acres). See
attached map labeled "Previously Proposed Zoning (March 1992). " Using the maximum residential
densities allowed in the UE Zone (2 units per acre) and the LMN Zone (8 units per acre) would
produce a potential of 256 units if the property were to be zoned in the manner shown at the
neighborhood meeting.
The major issues identified at the July neighborhood meeting were:
The desire for additional buffering of the predominantly large -lot county residential
development to the west.
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October 21, 1997
The revised rezoning request has enlarged the UE Zone from 24.9 acres to 26.9 and
extended the zone along the property's entire western border.
2. The desire for no street connections between existing county developments and
whatever happens on this property.
This issue can not be addressed at the zoning stage, but will need to be addressed
when a Project Development Plan (PDP) is submitted. Division 3.6.3 Street Pattern
and Connectivity Standards, (B) General Standard of the Land Use Code, states the
following:
"Local streets must provide for both intra- and inter -neighborhood
connections to knit developments together, rather than forming barriers
between them. The street configuration within each parcel must contribute
to the street system of the neighborhood. "
The issue will challenge the City's commitment to the City Plans principles and
policies and the provisions within the Land Use Code which require
interconnections between adjacent developments.
3. Concerns about what will happen between the two irrigation canals on the property.
4. Concerns about improvements to Prospect Road and when such improvements would
be made.
Again, issues 3 and 4 can not be addressed at the zoning stage, but will need to be
addressed when a PDP is submitted.
FINDINGS OF FACT/CONCLUSION:
A portion of the subject property was temporarily placed into the T, Transition, Zone in
March 1997 in order to help facilitate the adoption of the City's new Land Use Code. As
indicated above, according to Division 4.9 (B) (1)(c), the City Council must change the
zoning of a property in the T Zone to another zoning district(s) upon request of the property -
owner.
2. The requested E Zone would require an amendment to the City Structure Plan map in order
to be consistent with the City's Comprehensive Plan. Designating a portion of the property
as an employment district is an appropriate change to be made to the City Structure Plan
map.
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October 21. 1997
The rezoning and City Structure Plan map amendment should be viewed as a continuation of the
rezoning process to establish a comprehensive plan and zoning code for the City of Fort Collins.
It is staff's opinion that these measures would have happened before City Council adoption, had they
been given sufficient time for detailed review. The City Plan Advisory Committee (CPAC) did
recommend that properties along 1-25 be given new zoning consistent with existing zoning on the
property. The new C, Commercial, Zone is the zone which is closest to the previous H-B Zone on
the property in terms of allowed uses. Staff had difficulty supporting such a large tract of C Zone
at this location. The initial Structure Plan map also depicted the site as an urban estate residential
neighborhood. Staff could also not support such a designation for the property since it was in the
Urban Growth Area and not located at the fringe where urban estate uses should be located. Staff
is also not convinced that existing lower density county residential developments should dictate
lower density residential uses on properties within the city limits.
Staff's initial recommendation for a Structure Plan designation of the property as a low -density
neighborhood and placement of the property in the LMN Zone was not viewed in the greater context
of the I-25 corridor. In the context of other land use designations along 1-25 shown on the Structure
Plan, an employment district at this location would be very consistent with those designations. The
balance of the Prospect Road/1-25 interchange is planned for commercial and employment uses.
The Mulberry Street/I-25 interchange is planned for commercial and employment/industrial uses
as is the Mountain Vista DriveII-25 interchange. In fact, the only property along the I-25 corridor
planned as a low -density mired -use residential neighborhood is the northwest quadrant of Vine
Drive and 1-25, the site of the Waterglenn Project, which has a site specific development plan
approved by the City. All other properties have "non-residential " land use designations.
The proposed increase in UE zoned land, from 24.9 to 26.9 acres, and the reduction of LMN zoned
land from 28.5 acres (as previously proposed) to 15.7 acres, would result in a decline of potential
residential units from 256 to 178.
PLANNING AND ZONING BOARD RECOMMENDATION:
On October 16, 1997, the Planning and Zoning Board held a public hearing and considered the
rezoning of this property. A memorandum .summarizing the Board's recommendation has been sent
to the Council under separate cover and placed in the "Read Before Meeting" file.
STAFF RECOMMENDATION:
Staffrecommends approval ofan amendment to the City Structure Plan map depicting a portion of
the Interstate Lands Property as an employment district. Staff also recommends approval of the
requested zoning districts."
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October 21. 1997
Chief Planner Ken Waido gave a staff presentation on this item and spoke of the requested zoning.
He reported a neighborhood meeting was held and stated residents expressed concerns regarding
densities allowed in the LMN Zone and development issues such as street connections, buffering,
and access to development and storm drainage issues. He stated the change to the Structure Plan was
consistent with other land use designations. He spoke of staff's reasons for not supporting the
recommendation of the Planning and Zoning Board stating the Board's recommendation was
inconsistent with the philosophy of the Land Use Code.
Sally Craig member of the Planning and Zoning Board, spoke of the Board's concerns regarding a
Type 2 review and spoke of the types of uses that could be considered under a Type I review.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Resolution
97-148. Yeas: Councilmembers Azari, Bertschy, Byme, Kneeland, Mason and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Mason made a motion, seconded by Councilmember Byrne, to adopt Ordinance No.
170, 1997 on First Reading with the condition that all PDP's come before the Planning and Zoning
Board as a Type 2 review.
Eldon Ward, Cityscape Urban Design representing the applicant, stated the condition placed on the
development sends a message that the new Land Use Code does not work before it's been given a
chance. He expressed concerns regarding singling out the property.
Sally Craig, 1409 South Summitview, commented on the number of rezonings upcoming and
expressed concerns regarding placing needed conditions on property.
Waido responded to Council questions and clarified there is an appeal process for Type 1 reviews.
Councilmember Mason spoke of the need for Council to listen to advice from the Planning and
Zoning Board.
Councilmember Byrne concurred with comments made by Councilmember Mason and withdrew his
second to the motion.
Councilmember Bertschy seconded the motion made by Councilmember Mason.
Mayor Azari stated suggested further discussion on this item between First and Second Reading.
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October 21, 1997
The vote on Councilmember Mason's motion to adopt Ordinance No. 170, 1997 as amended on First
Reading was as follows: Yeas: Councilmembers Azari, Bertschy, Kneeland, Mason and Smith.
Nays: Councilmember Byrne.
THE MOTION CARRIED.
ITEMS RELATING TO THE 1998- 1999 BUDGET
BUDGET CONSENT ITEMS
Items Numbers 43 through 46 are being presented together in the Consent Calendar format. These
items have been reviewed and discussed at Budget Study Sessions and are being presented in this
manner to expedite their adoption. Any item may be withdrawn for discussion by any member of
the Council, staff or public and will be considered after the balance of the Budget Consent is
adopted.
43. First Reading of Ordinance No. 172, 1997, Adjusting the Capital Improvement Expansion
and Neighborhood Parkland Fees for Increases in Inflation Based on the Denver -Boulder
Consumer Price Index.
In May 1996, Council adopted Ordinance No. 51, 1996, which established capital
improvement expansion fees for Library, Community Parkland, Police, Fire, and General
Government Services. The purpose of the fees is to have new development of the
community pay a proportionate share of the capital improvements and equipment that will
be necessary to provide services to the development. The Ordinance also provided for the
annual adjustment of the fees to keep up with inflation, using the Denver -Boulder Consumer
Price Index.
In September, 1968, Council adopted Ordinance No. 38, 1968, which established the original
parkland fee, to fund the acquisition and development of parks. That fee has since been
amended numerous times, including repeated fee adjustments and refinements of the related
procedures and requirements, and is now known as the Neighborhood Parkland Fee. By the
adoption in August, 1993, of Ordinance No. 82, 1993, the Council directed the City manager
to annually review the Neighborhood Parkland Fee and submit to the Council proposed
inflation -related increases based on the Denver -Boulder Consumer Price Index. On August
20, 1996, Council adopted Ordinance No. 105, 1996, which conformed the Neighborhood
Parkland Fee to the housing size differentials in the Capital Improvement Expansion Fee
ordinance, and updated the fee schedule to reflect pre-1996 inflation. This Ordinance adjusts
the fee schedule for inflation in the intervening period.
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October 21. 1997
Based on the Denver -Boulder Consumer Price Index for all urban consumers, the inflation
level since the end of 1995 is an increase of 7.32%. This Ordinance adjusts the fee schedules
in Chapter 7.5 and Chapter 23 to reflect this level of increase for each of the fees. All
amounts have been rounded to the nearest dollar.
44. First Reading of Ordinance No. 173, 1997, Amending Chapter 26 of the City Code Relating
to User Rates and Charges for the Water Utilities.
The recommended 1998 budget for the Water Utilities includes revenue projections based
on an overall water rate increase of 6% and wastewater rate increase of 2%. The proposed
Ordinance includes several rate changes based on the results of recent cost of service
analyses done by staff. Such analyses are conducted every few years to ensure that the costs
of providing service to different customer classes are based on historical usage patterns. The
cost of serving any group of customers changes over time due to changing service
requirements and/or changing water use patterns. This Ordinance makes several adjustments
to existing rates to more closely align the cost of providing service with the benefit received.
45. Items Relating to the 1998 Downtown Development Authority Budget.
A. First Reading of Ordinance No. 174, 1997, Being the Annual Appropriation
Ordinance Appropriating Operating Funds and Approving the Budget of the
Downtown Development Authority for the Fiscal Year Beginning January 1, 1998,
and Fixing the Mill Levy for the Downtown Development Authority for 1998.
The Downtown Development Authority adopted the proposed DDA budget for 1998, totaling
$614,817, and determined the mill levy necessary to provide for payment of all properly
authorized expenditures incurred by the District, at its regular meeting of October 2, 1997.
B. First Reading of Ordinance No. 175, 1997, Appropriating Revenue in the Downtown
Development Authority for Payment of Debt Service for the Year 1998.
This Ordinance appropriates funds for the payment of Downtown Development Authority
debt service for 1998. Included in this Ordinance is a recommended appropriation of
$200,000 to be used for debt service connected with a short term borrowing arrangement that
would permit DDA to fund the improvements to the corner of Mountain Avenue and
Mathews Street, contingent upon the necessary Council approval of this borrowing
arrangement.
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46. Resolution 97-149 Adopting a Revenue Allocation Formula to Define the City of Fort
Collins' Contribution to the Poudre Fire Authority Budget for the Year 1998 for Operations
and Maintenance.
According to the Intergovernmental Agreement between the City of Fort Collins and the
Poudre Valley Fire Protection District, the City will contribute funding for maintenance and
operating costs to the Authority based on a "Revenue Allocation Formula" ("RAF"). The
RAF is to be set annually based upon a percentage of sales and use tax revenues (excluding
dedicated sales and use tax revenues that must be spent on specific projects) and a portion
of the operating mill levy of the City's property tax. Article X, Section 20 of the State
Constitution limits the rate of growth to a combination of the Denver -Boulder Consumer
Price Index and additions to the local property tax base primarily due to construction and
annexation. As a result, the RAF is reviewed annually to consider the impact of the
constraints of Article X, Section 20.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
43. First Reading of Ordinance No. 172, 1997, Adjusting the Capital Improvement Expansion
and Neighborhood Parkland Fees for Increases in Inflation Based on the Denver -Boulder
Consumer Price Index.
44. First Reading of Ordinance No. 173, 1997, Amending_ Chapter 26 of the City Code Relating
to User Rates and Charges for the Water Utilities.
45. Items Relating to the 1998 Downtown Development Authority Budget
A. First Reading of Ordinance No. 174, 1997, Being the Annual Appropriation
Ordinance Appropriating Operating Funds and Approving the Budget of the
Downtown Development Authority for the Fiscal Year Beginning January 1, 1998,
and Fixing the Mill Levy for the Downtown Development Authority for 1998.
B. First Reading of Ordinance No. 175, 1997, Appropriating Revenue in the Downtown
Development Authority for Payment of Debt Service for the Year 1998.
48. First Reading of Ordinance No 176, 1997 Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 1998 and Adopting the Budget for
the Fiscal Years Beginning January 1 1998 and Ending December 31 1999 and Fixing the
Mill Levy for Fiscal Year 1998
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October 21, 1997
Councilmember Mason made a motion, seconded by Councilmember Smith, to adopt and approve
all items not removed from the Budget Consent Calendar. Yeas: Councilmembers Azari, Bertschy,
Byrne, Kneeland, Mason and Smith. Nays: None.
THE MOTION CARRIED.
Ordinance No. 176, 1997,
Being the Annual Appropriation Ordinance Relating
to the Annual Appropriations for the Fiscal Year 1998 and
Adopting the Budget for the Fiscal Years Beginning
January 1, 1998, and Ending December 31, 1999, and Fixing
the Mill Levy for Fiscal Year 1998, Adopted on First Reading.
The following is staff s memorandum on this item.
"Financial Impact
This Ordinance represents the annual appropriation for 1998, and adopts the total City Budget for
1998 at S308,681,366 and for 1999 at 8328,580,908. This also appropriates the Firefighters'
Pension Fund of S2,427,450 for 1998, and sets the City mill levy at 9.797 mills for 1998.
Executive Summary
This Ordinance adopts the 1998 and 1999 Budgets in the amount of $308, 681, 366 and S328, 580, 908
respectively for the City of Fort Collins and $2,427, 450 in 1998 for the Firefighters' Pension Fund
The Net City Budget which excludes internal transfers between funds and Firefighters' Pension is
$219, 485, 289 for 1998 and S235, 878, 039 for 1999. The Net City Budget is allocated to:
1998
1999
Operations S170,385,926
S175,053,906
Debt Service S5,934,760
$5, 502, 818
Capital S43,164, 603
S55, 321, 315
This Ordinance also sets the 1998 City mill levy at 9.797 mills, unchanged from 1997. The levy
distribution is asfollows:
General Fund ........................................... 8.717
Parks Debt Service ....................................... 1.080
The General Fund will contribute 67.09% of the operating property tax generated by the 8.717 mills
to Poudre Fire Authority in accordance with the adopted Revenue Allocation Formula, or a lesser
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October 21. 1997
amount as may be imposed by the growth limits associated with Article X, Section 20, of the State
Constitution. In addition, the property tax generated by one mill will be contributed by the General
Fund to PFA for capital use.
BACKGROUND:
Budget Process
The development of the 1998-1999 Budget began in March, 1997. The City Manager's
Recommended Budget was presented for City Council review and consideration in August. Three
budget study sessions and two public hearings were conducted in September and early October.
From the study sessions and public hearings the 1998-1999 Annual City Budget represented by this
Ordinance is presented to you for consideration and adoption. Final adoption is scheduled for
November 4.
Changes to the 1998-1999 City Manager's Recommended Budget
The following changes have been made to the 1998-1999 Recommended Budget as a result of more
current data received from Service Areas.
1998 1999
TRA NSPOR TA TION SERVICES FUND ............... (5263,737) ........ (S271,793)
(5263.737) - 1998: ($271.793) - 1999 - Metropolitan Planning Organization
Transportation Services Fund appropriations are being decreased by 5263,737 in 1998 and
5271, 793 in 1999. These amounts represent the recommended appropriations for the 1998 and 1999
Metropolitan Planning Organization (MPO) budgets. The MPO program is fimded primarily by
federal transportation program dollars administered by the Colorado Department of Transportation
(CDOT), based on the federal fiscal and program year of October 1, 1997 to September 30, 1998.
This period does not correspond to the City's calendar year budget process and consequently causes
some accounting and budget management problems. Staff recently recommended that the federal
funds the MPO receives be appropriated outside the budget process to eliminate some of these
problems. Accordingly, City Council adopted Ordinance No. 138, 1997, on October 7, 1997,
appropriating federal grant revenue for the operation of the 1997-1998 Metropolitan Planning
Organization Administration Program Year. The MPO also receives a General Fund subsidy. "
City Manager John Fischbach gave a brief staff presentation on this item and spoke of the various
study sessions and public hearings held on the proposed budget.
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October 21. 1997
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 176, 1997 on First Reading.
City Manager John Fischbach clarified the only amendment to the Budget was addition of a %z time
Museum Curator.
Budget Director Doug Smith clarified the proposed Recommended Budget was published before the
addition of Paratransit and Transfort Operations staff, clarifying the revised 1997 Recommended
Budget would reflect the addition.
City Manager John Fischbach spoke of adjustment methods that could be used if necessary.
Councilmember Smith requested information before Second Reading regarding what kind of
activities would be occurring during the second year in the 2-year cycle to assure participation by
citizens.
Councilmember Kneeland spoke in support of the Recommended Budget and of the process.
Mayor Azari expressed the need to continue researching methods to ways service areas can save
money.
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None.
THE MOTION CARRIED.
Adjournment
Councilmember Smith made a motion, seconded by Councilmember Kneeland, adjourned to 6:00
p.m. on October 28, 1997 to set the 2-year budget term as provided in the City Charter. Yeas:
Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 10:05 p.m.
City Clerk
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