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HomeMy WebLinkAboutMINUTES-12/07/1993-Regularrt ' December 7, 1993 December 7, 1993 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday December 7, 1993, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Councilmembers Absent: Mayor Azari. Staff Members Present: Burkett, Krajicek, Roy. Citizen Participation Brian Meagher and Becky Thurston, representing Olander Elementary School, spoke of recycling and solid waste concerns and of possible solutions to reduce dumping. They outlined their recycling plan and urged Council to review the plan. Mary Cosgrove, 2130 Eastwood Drive, representing the Affordable Housing Board, stated she believed 100% cost recovery of planning fees by developers was excessive and requested Council consider that while discussing planning fees. Al Baccili, 520 Galaxy Court, spoke of public entity management concerns. Stan Everitt, representing the Chamber of Commerce, congratulated Council for its violence reduction efforts. Citizen Participation Follow-up Councilmember Janett thanked the representatives from Olander School for their presentation and stated the Natural Resources Board would review the plan. Councilmember Kneeland stated she would provide the Director of Natural Resources with a copy of the proposed recycling plan. Councilmember Winokur spoke of the need to discuss recycling efforts. Mayor Pro Tem Horak suggested holding an outreach meeting with Brian Meagher and Becky Thurston to discuss the plan and invited them to join an upcoming worksession to be available to answer Council questions. 1 460 December 7, 1993 ' Agenda Review City Manager Steve Burkett stated Item #17, Public Hearing and Resolution 93-194 Authorizing the City Manager to Submit the Fort Collins Comprehensive Housing Affordable Strategy (CHAS) to the Department of Housing and Urban Development, was a public hearing and noted if anyone in the public wanted to comment on the item it should be withdrawn from the Consent Calendar. Councilmember Janett requested that Item #25, Resolution 93-187 Creating a Council/Staff Task Force to Review the City's Organizational Structure in Relation to the Attainment of the 1993-1995 Council Policy Agenda, be pulled from the Consent Calendar. 11 10. Items Relating to the Kirschner Annexation and Zoning. A. Second Reading of Ordinance No. 133, 1993, Annexing Approximately 72.6 Acres, Known as the Kirschner Annexation. Second Reading of Ordinance No. 134, 1993, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort ' Collins and Classifying for Zoning Purposes the Property Included in the Kirschner Annexation to the City of Fort Collins, Colorado. On October 19, Council unanimously adopted Resolution 93-154 Setting Forth Findings of Fact and Determinations Regarding the Kirschner Annexation. On October 19, Council also unanimously adopted Ordinance No. 133, 1993 and Ordinance No. 134, 1993 which annex and zone approximately 72.6 acres, located at the southeast corner of I-25 and East Vine Drive. The property is currently zoned FA-1, Farming in the County. This is a voluntary annexation. The requested zoning is IL, Limited Industrial, with a PUD condition. APPLICANT: Kirschner Family Partnership c/o Cityscape Urban Design 3555 Stanford Road, Suite 105 Fort Collins, CO 80525 OWNER: Kirschner Family Partnership 8330 East Quincy Avenue, Unit A-111 Denver, CO 80237 461 1 11. December 7, 1993 Avenue. The replacement of the North College Avenue Bridge over the Poudre River will allow the City to enhance the bridge for the north entrance into the city and install a trail underpass. This new State Highway bridge will allow the City to create a "Gateway" from the north into Fort Collins. This theme has been proposed in many planning documents. Design materials for the bridge follow the directions in the "Design Guidelines for Pedestrian -Way Improvements, Downtown Development Authority." The main enhancement items include: planters in the median south of and on the bridge, decorative pedestrian lights matching "Old Town" lights, exposed aggregate sidewalks, the use of sandstone as an accent stone, and landscaping in the medians, trail lighting system, and special concrete treatment (fluted finish) of the piers under the bridge for the trail. The ISTEA program will be the main funding source for the bridge enhancement items. The matching ratio for the work is 82% ($123,000) Federal -aid funds and 18% ($28,000) City. The proposed City funding source is the re-routing of the existing Mason/Howes Capital Project funding which presently contains $50,000. Thirty-two Thousand Dollars ($32,000) of this amount was administratively allocated for trail work in the North College area in 1990. The remaining $18,000 is unused funds from other projects in the North College area. The $28,000 ISTEA match will use $18,000 for bridge surface enhancement items and $10,000 for trail enhancement items under the bridge. The remaining $22,000 in the Mason/Howes Capital Project will be used for trail enhancement items near the bridge. This Ordinance was unanimously adopted on First Reading on November 16, 1993. In October, Phelps-Tointon Millwork, LLC, ("Phelps-Tointon") submitted an application to the City for inducement of $1,500,000 of industrial development revenue bonds pursuant to the City's established policies. On November 2, 1993, the Council unanimously adopted the Inducement Resolution for the Project in the amount of $1,500,000. This ordinance, which was unanimously adopted on First Reading on November 16, authorizes the issuance of the bonds to be used to finance the project. The improvements include acquiring the site, constructing, and equipping a manufacturing facility to be located on Buckingham Street, just west of Lemay Avenue. ' 462 12. December�7, 1993 ' Phelps-Tointon Millwork, LLC, was founded as Colorado Custom Cabinets by Mr. Tim Brown in 1985. In early 1993, Phelps-Tointon acquired 75% of the stock of Colorado Custom Cabinets, thus creating Phelps-Tointon Millwork. The company manufactures custom kitchen cabinets, commercial and institutional cabinetry, wooden athletic lockers and benches.. The owners of the property, Lee Rosen and Priscilla Verant, are initiating this request for Local Landmark Designation for 816 West Mountain Avenue known as the Issac W. Bennett House and Carriage House. A public hearing. was held by the Landmark Preservation Commission on November 3, 1993, at which time the Commission voted to recommend designation of this property. The Landmark Preservation Commission and staff are pleased to recommend the house and carriage house located at 816 West Mountain Avenue as a local landmark, for their historical and architectural importance. This Ordinance was unanimously adopted on First Reading on November 16, 1993. 13. Items Relating to the Real Property Known as the Cunninqham Corner Barn. A. Second Reading of Ordinance No. 149, 1993, Authorizing the ' Disposition of the Real Property Known as the Cunningham Corner Barn. B. Second Reading of Ordinance No. 150, 1993, Designating the Cunningham Corner Barn as a Historic Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. Resolution 93-113 specified that: 1) the Barn be relocated to private property within the Urban Growth Area; 2) an RFP be issued to identify those parties interested in obtaining the Barn for private use and to select an appropriate site for the Barn; and 3) the relocation of the Barn be funded from the Historic Preservation Account within the Capital Projects Fund. The RFP was issued and the committee reviewing the proposals rated the one submitted by Doug and Patti Leidholt as the best. On October 19, 1993, the Council adopted Ordinance No. 117, 1993 authorizing the relocation of the Cunningham Corner Barn to private property owned by the Leidholts. Also, on November 16, 1993 Council unanimously adopted Ordinance No. 149, 1993 and Ordinance 150, 1993. The Leidholts subsequently withdrew their offer to relocate the Barn to their property. The Purchasing Agent contacted Mr. Brad Pace who also submitted a proposal for the Barn relocation which was rated a close second to that of the Leidholts. Mr. Pace is still willing to have the Barn relocated to his property at 2560 West Cedarwood which is the two -acre site of the old ' 463 14. December 7, 1993 Brown Farmhouse. That structure has been declared a historic landmark and its restoration is nearly complete. The owner of the Barn, the City of Fort Collins, is initiating the request for local landmark designation for the Barn. The structure is currently located at the northeast corner of Shields Street and Horsetooth Road. If this ordinance is approved by the Council, the Barn will be moved, at the City's expense, to Mr. Pace's property located at 2560 West Cedarwood Drive, known as the Brown Farmhouse property. The Brown Farmhouse was designated a local landmark on May 18, 1993. The landmark designation for the Barn will initially apply to its current location and will transfer with the Barn when it is moved to the Pace property. Moving the Barn will require the review and approval of the Landmark Preservation Commission. Mr. Pace is in agreement with the local landmark designation. Ordinance No. 151, 1993 was unanimously adopted on First Reading on November 16, 1993. With this vote, Council asked for several changes in the Ordinance relating to the area of notification for affected property owners and for signs posted at proposed development sites. Additional criteria have been incorporated into the Ordinance for expanding the area of notification for proposed developments, based on project land use, size and density and specific details on signage posted at proposed development sites have been added. An additional criterion to use in determining when a neighborhood meeting is required for fringe development has also been added to the Ordinance. 15. First Reading of Ordinance No. 153, 1993, Adopting the 1994 City of Fort Collins Total Compensation Pay Plan. In July 1993, Council adopted its Human Resource Management and Productivity Policy, which includes the Total Compensation Policy for classified employees and unclassified management employees. The policy states that the total compensation for these City employees will average 4.5% above the median of the labor market. Based on this Policy, staff has developed the proposed pay plan. The Code requires that the Council adopt the classified employee pay plan by ordinance. Surveys for the 1994 Total Compensation plan have been completed and indicate that the average total compensation adjustment for 1994 should be ' 2.97%. Average salary adjustments will equal 3.2%. These increases are 464 16. 17. 18. December 7, 1993 ' within the amount budgeted for total compensation in the 1994 Budget, and average 4.5% over the median of the labor market. Under Chapter 22 of the Code, the City is authorized to sell property at the annual tax sale conducted by the Larimer County Treasurer if special assessments levied against the property have not been paid. The property was sold at the 1989 tax sale and a tax certificate of purchase was issued to the City as there were no interested private investors. The owner of the property conveyed title to the City through a deed in lieu of foreclosure. Last May, the City Council adopted Resolution 92-91 establishing policies for the sale of such property. The City offered this property for sale by open bid on December 15, 1992. The one offer received at that time was rejected _because it was approximately half the appraised value of the property. The lot has been open for offers since then and the contract from Holz Construction represents the best offer received to date. The City Council Finance Committee recommends adoption of this ordinance. VUQ11C nearing ang Kesolutlon y3-ly4 AULnorizing Lne L1Ly manager to I Submit the Fort Collins Comprehensive Housing Affordable Strategy (CHAS) to the Department of Housing and Urban Development. The National Affordable Housing Act (NAHA) requires that, in order to apply for certain Department of Housing and Urban Development (HUD) programs, local governments must have an approved Comprehensive Housing Affordable Strategy (CHAS). After HUD approves the City's CHAS, housing agencies, such as the Housing Authority, Neighbor to Neighbor, Inc., Catholic Community Services/Northern, Habitat for Humanity, TRAC, etc., can apply for the various financial assistance grant programs authorized under NAHA. HUD approval of the City's CHAS is also necessary for the City to receive its annual entitlement of Community Development Block Grant (CDBG) Program funds. The CHAS identifies housing needs and integrates the proposed use of resources, from both public and private sources, into one housing plan. The proposed ordinance updates unit wastewater surcharge rates in Section 26-282(a) to conform with those in Section 26-280 included in Ordinance No. 136, 1993 passed by the City Council on November 16, 1993. The 465 December 7, 1993 changes included in this ordinance were inadvertently omitted from the changes included in Ordinance No. 136, 1993. The rate increases included in this ordinance will have the same January 1, 1994 effective date as the previously approved changes. 19. The City of Fort Collins was awarded a grant from the Colorado Historical Society in the amount of $8,000 to expand Fort Collins' developmental period historic contexts to include more complete information on the theme of agriculture in the Fort Collins UGA and to survey a minimum of 35 historic resources associated with agriculture and the Poudre River within the Fort Collins UGA. The City will be matching this $8,000 grant with a $2,000 cash match from the Planning Department's budget and $6,000 of in - kind staff and volunteer time to administer the grant. 20. ' On October 25, 1993, the Planning and Zoning Board gave final approval to the Provincetowne P.U.D., First Filing, for Phases 1 through 4, located at the southwest corner of Lemay Avenue and Trilby Road. Certain street improvements in the area were constructed with Special Improvement District #81. The right-of-way for those streets was dedicated by deed as part of the S.I.D. At that time, it was anticipated that future residential streets would intersect at particular locations along Brittany Drive and right-of-way for those future intersections was dedicated. However, the developer has since received final approval of the Provincetowne P.U.D. which dedicates streets to serve the surrounding property which intersect at other locations on Brittany Drive. Therefore, the right-of-way for the old intersection locations is no longer necessary and is proposed for vacation at this time. 21. Resolution 93-183 Adopting the Citv's 1994 Legislative Agenda The Legislative Review Committee (LRC) has developed a Legislative Agenda to assist the LRC in the analysis of pending legislation during the 1994 General Assembly. The Legislative Agenda states the City's'position on common legislative topics. The Legislative Review Committee has been working on compiling this Agenda since July. The majority of the policy statements in the Legislative Agenda are in line with past Council policy and Council actions. However, there are new policy statements on education in the Agenda. The LRC ' solicited Council comment on the Agenda in October/November. 466 22. 23. December 7, 1993 This Agenda is intended only to enhance the established legislative process, and would not effect the current legislative review procedures. A similar legislative agenda format has been successfully used by the City of Colorado Springs for three years. The replacement of the North College Avenue Bridge by the State Highway Department will allow the Poudre Trail to connect Lee Martinez park and Old Fort Collins Heritage Park with underpasses of the bridge and adjacent railroads. Agreements to construct underpasses of the Union Pacific and Burlington Northern Railroads are required for the trail. This project is part of the City's "Four -Year Trail Plan" to complete the Poudre and Spring Creek Trails. Trail users will be able to avoid the existing surface crossing of College Avenue when this project is completed in the summer of 1994. The City of Fort Collins General Employees Retirement Plan ("GERP") is intended to provide retirement benefits for the majority of the City's employees. As of the most recent actuarial report, January 1, 1993, the Plan had 705 active members, 99 terminated members with vested pension rights, 86 retired members and 7 beneficiaries, a total of 897 individuals. Over the past eighteen months, the General Employees Retirement Committee ("GERC"), with comments solicited from the members and with assistance from the Plan's actuary and legal counsel, identified and studied several potential changes to the plan. The changes recommended in this resolution include two with additional costs: 1. Changes in the vesting schedule 2. Removing the age 55 requirement from the pre -retirement death benefit. Four other administrative and compliance changes are also recommended: Allowing automatic lump sum payments for spouses and beneficiaries when the monthly benefit payment is less than $100. Offering a lump sum disbursement option to spouses and beneficiaries. Adds a direct rollover provision as required by the Unemployment Compensation Amendments of 1992, and 467 1 ' December 7, 1993 4. Adds changes required by thg Family Medical Leave Act of 1993. 24. Resolution 93- In April 1993, the City Council adopted its 1993-95 Goals and Policy Agenda. At a June 15 worksession, Council met with the Planning and Zoning Board to discuss land use issues, including policy items contained in the Agenda. Then, on August 10, the Council conducted a worksession to review the CPES work plan to address growth management issues of the Council Policy Agenda. At the most recent worksession on growth management on November 23, Councilmembers agreed to consider formation of a Growth Management Committee of the Council. Staff recommends that the ad hoc Committee membership include three members of the City Council and that the Committee begin meeting immediately in order to review work in progress on the Congestion Management Plan, Corridor Study, and Prospect Shields Neighborhood Plan, and to select other members of the Committee. ' 25. Resolution 93-187 Creating a Council/Staff Task Force to Review the Citv's Organizational Structure in Relation to the Attainment of the 1993-1995 Council Policy Agenda. The City Council has expressed an interest in reviewing the organizational structure of the City. The purpose of this review is to ensure that the City's resources are organized in a way that best maintains quality service delivery and supports. the implementation of the City Council policy agenda. These issues were recently discussed at a joint meeting of the City Council and the Executive Lead Team. Council expressed concerns about the timing of some of the policy agenda items coming back to the Council for action and wanted to ensure that the organizational structure was promoting an integrated review and response to policy agenda items. Staff requested help in this regard and suggested staff work with Council to prioritize the policy agenda. As a result of the joint work session, there was agreement that a Council committee would be appointed to work with the staff to both review the organizational structure and help address the question of prioritizing the Council policy agenda. Council asked that the organizational review be completed no later than March 1, 1994. TIO December 7, 1993 ' 26. Resolution 93- A vacancy currently exists on the Community Air Quality Task Force due to the resignation of Gene Wooldridge. Councilmembers Apt and Janett reviewed the active applications on file and are recommending Rob Cagen be appointed to fill the vacancy. 27. Postaonement of Resolution 93- the New Laurel School to December 21, 1993. Staff is requesting this Resolution be postponed to December 21, 1993 because of the congestion on the December 7, 1993 agenda and to allow time to develop solutions to the pedestrian/bike access problems. A letter was sent to the neighborhood to advise them of the City's plans. 28. Routine Deeds and Easements. a. Deed of Easement from BIG D PROPERTIES for detention pond purposes over a portion of land located in Lot 2, Mourning Subdivision, 2nd Filing. b. Deed of Easement from ' Mel Price for turn -around purposes over a portion of land adjacent to and south of the south end of Underhill Drive. C. Deed of Easement from Wild Wood Farm, Inc., for Corbett Drive right- of-way over a portion of land located south of Harmony Road and adjacent to the future Southeast Junior High School. d. Deed of Easement from Wild Wood Farm, Inc., for a 15 foot wide utility easement over a portion of land adjacent to and east of the right-of-way dedicated for Corbett Drive. e. Deed of Easement from Wild Wood Farm, Inc., for a 15 foot wide utility easement over a portion of land adjacent to and west of the right-of-way dedicated for Corbett Drive. f. Deed of Easement from Wild Wood Farm, Inc., for a 50 foot wide drainage and utility easement over a portion of land east of the future Southeast Junior High School. g. Deed of Easement from Mountainridge Farm, Inc., for utility purposes over a, 15' wide portion of land adjacent to and west of South Shields Street. 469 1 December 7, 1993 h. Deed of Easement from Mountainridge Farm, Inc., for utility purposes over a 10' wide portion of land running from the end of proposed Wabash Street to the southern line of Mountainridge Farm property. i. Deed of Easement from Kim H. Yee for detention pond purposes over a portion of land located in Lot 11, Creger Plaza, 2nd Replat. j. Deed of Easement from Dennis and Noreen Houska for right-of-way purposes and for utility purposes over portions of land adjacent to Riverside Avenue and in parts of Lots 1 and 2, Houska Minor Subdivision. k. Deed of Easement from Dennis and Noreen Houska for detention pond purposes over a portion of land located in parts of Lots 1 and 2, Houska Minor Subdivision. 1. Deed of Easement from Peter J. Long for detention pond purposes over a portion of land located in Lot 2, Mason Street P.U.D. M. Deed of Easement from P&B Partnership for utility purposes over a 34' wide portion of land adjacent to and east of Seneca Street. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 9. Items Relating to the Kirschner Annexation and Zoning. A. Second Reading of Ordinance No. 133, 1993, Annexing Approximately 72.6 Acres, Known as the Kirschner Annexation. B. Second Reading of Ordinance No. 134, 1993, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kirschner Annexation to the City of Fort Collins, Colorado. 10. Avenue. 11. 12. 1 470 December 7, 1993 ' 13. Items Relating to the Real Property Known as the Cunningham Corner Barn. A. Second .Reading of Ordinance No. 149, 1993, Authorizing the Disposition of the Real Property Known as the Cunningham Corner Barn. B. Second Reading of Ordinance No. 150, 1993, Designating the Cunningham Corner Barn as a Historic Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. 14. Items on First Reading were read by title by City Clerk Wanda Krajicek. 15. First Reading of Ordinance No. 153, 1993, Adopting the 1994 City of Fort Collins Total Compensation Pay Plan. 16 18. 19. 20. 33. 34. First Reading of Ordinance No. 154, 1993, Authorizing the Sale of Real Property Described as Lot 55, Replat of Greenbriar P. Items Relating to the N-C-M, Neighborhood Conservation Medium Density, Zone. A. First Reading of Ordinance No. 162, 1993, Amending Section 29-167 of the Code of the City of Fort Collins Increasing the Minimum Lot Size in the N-C-M, Neighborhood Conservation Medium Density Zoning District. 471 1 December 7, 1993 B. First Reading of Ordinance No. 163, 1993, Imposing a Moratorium Upon the Issuance of Building Permits for Certain Uses in the N-C-M, Neighborhood Conservation Medium Density Zoning District, as Described in Section 29-166 of the Code of the City of Fort Collins. 35. Items Related to the REA Annexation and Zoning. A. Hearing and First Reading of Ordinance No. 160, 1993, Annexing Approximately 9.4 Acres, Known as the REA Annexation. B. Hearing and First Reading of Ordinance No. 161, 1993, Zoning Approximately 9.4 Acres, Known as the REA Annexation, into the H-B, Highway Business, Zone with a PUD Condition. Tdll A. First Reading of Ordinance No. 164, 1993, of the Council of the City of Fort Collins Authorizing the Sale to Christ Fellowship Church of Real Property Described as Tracts G & H of the Fairbrooke Special Improvement District. OR ' B. First Reading of Ordinance No. 165, 1993, of the Council of the City of Fort Collins Authorizing the Sale to Nebarado Construction Inc. of Real Property Described as Tracts G & H of the Fairbrooke Special Improvement District. 37. Items Relating to the Sale of Real Property Described as Tract A of the Fairbrooke SID and of Tax Certificates of Purchase for Lots 1 through 25, inclusive, Block 1 and Lots 1 through 16, inclusive, Block 2, Brittany Knolls PUD, First Filing. A. First Reading of Ordinance No. 166, 1993, Authorizing the Sale to Colorado Land Source, Ltd. of Real Property Described as Tract A of the Fairbrooke SID; OR B. First Reading of Ordinance No. 167, 1993, Authorizing the Sale to William L. Neal and Charlotte E. Jorgensen of Real Property Described as Tract A of the Fairbrooke SID; OR C. First Reading of Ordinance No. 168, 1993, Authorizing the Sale to Everitt Investments, Inc. of Real Property Described as Tract A of the Fairbrooke SID. D. First Reading of Ordinance No. 169, 1993, Authorizing the Sale to Colorado Land Source, Ltd. of Tax Sale Certificates of Purchase for Lots 1 through 25, inclusive, Block 1 and Lots 1 through 16, inclusive, Block 2, Brittany Knolls PUD, First Filing; OR 472 December 7, 1993 E. First Reading of Ordinance No. 170, 1993 Authorizing the Sale to Everitt Investments, Inc. of Tax Sale Certificates of Purchase for Lots 1 through 25, inclusive, Block 1 and Lots 1 through 16, inclusive, Block 2, Brittany Knolls PUD, First Filing. 39. First Rea Code of t Attorney. 40. First Rea Code of Municipal 41. Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Staff Reports I Director of Community Planning and Environmental Services Greg Byrne introduced interim Planning Director Ron Phillips. Councilmember Reports Councilmember Apt withdrew from discussion on the Bonner Peak TV transmission item due to a perceived conflict of interest. Councilmember McCluskey stated the Ethics Review Board meet earlier in the evening and decided that the Council should not act on Item #38, Items Relating to the KWXU TV Channel 22 Special Review, and recommended removing it from the agenda. Councilmember McCluskey made a motion, seconded by Councilmember Janett, to remove Agenda Item #38, Items Relating to the KWXU TV Channel 22 Special Review, from the Agenda. Yeas: Councilmembers Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. (Councilmember Apt withdrawn) THE MOTION CARRIED. Councilmember Janett reported she had recently attended the National League of Cities conference and had attended several valuable seminars. 473 December 7, 1993 Mayor Pro Tem Horak stated he also attend the National League of Cities conference and briefly outlined seminars attended. Councilmember Apt stated he received a mailer from Western Area Power Association on a program for demand site management and suggested staff review it. Appeal of the October 14, 1993 Decision of the Zoning Board of Appeals to Deny a Rear Setback Reduction Variance for a Detached Storage Shed at 1104 Green Street, Overturned The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Council should consider the appeal based upon the record and the relevant provisions of the Code and Charter, and after consideration, determine: (1) whether the matter should be remanded to the Zoning Board of Appeals because the appellant was denied a fair hearing, or (2) whether to uphold, ov6kurn, or modify the Board's decision. On October 14, 1993, the Zoning Board of Appeals considered a variance request for the property at 1104 Green Street. the required building setback from the r in order to allow the construction of a . the back yard of the property. This unanimously denied by a vote of four to a hardship as the reason for voting to owner of the property, is appealing the BACKGROUND: The variance sought would have reduced ear property line from 15 feet to 6 feet 168 square foot detached storage shed in request, heard as Appeal #2087, was zero. Board members cited the lack of deny the variance. Mr. Jerry Roselle, decision. On September 3, 1993, Jerry Roselle applied for a building permit to allow a storage shed to be constructed in the back yard of his home at 1104 Green Street. Specifically, the permit application was for a 12 foot by 14 foot, 10 foot high detached storage shed. Review of the site plan which was submitted indicated that the structure was proposed to be built only 6 feet from the rear property line. Since the Zoning Code requires that structures of this size in the RL (Low Density Residential) zone be at least 15 feet from the rear property line, the permit was denied. On September 29, 1993, Mr. Roselle applied for setback requirement. In his application, he hardships which make it impracticable to comply 474 a zoning variance to reduce the cited the following reasons as with the ordinance: December 7, 1993 ' The back yard contains a number of mature deciduous and evergreen trees which limit the possible locations for the shed. The lot to the rear is a medical office with a 9 foot high fence along the property line, meaning that the shed will not be visible from the lot most affected. Thus the intent of the Code is satisfied. Locating the shed at the required setback would place it close to the house and bring it in to view of the neighbors to the north, who would prefer it to be located as proposed so that it is screened by the trees on their lot. The Zoning Board of Appeals heard and considered Mr. Roselle's request at its October 14, 1993 meeting. At that time, the appellant elaborated on his hardships by stating that a 15 foot setback would decrease the value of the property because the shed would look out of place and would decrease the usefulness of the yard. A letter from Brian Hahn, Mr. Roselle's neighbor to the north, was received and read into the record. Mr. Hahn expressed his opinion that placing the shed at the required setback would diminish his view, therefore he encouraged the Board to grant the setback reduction. Members of the Board discussed the various issues and concerns which had been ' raised, but had difficulty determining that a valid hardship existed. Some members agreed that there are benefits to placing the shed at the proposed location, and that it would be aesthetically pleasing to the neighbors. One of the Board members stated that a smaller shed could be built at the proposed location without a variance, and therefore alternatives were available to the petitioner. (Sheds which do not exceed 120 square feet, and/or 8 feet in height are exempted from building and zoning code requirements). After due consideration and discussion, members of the Board expressed their findings that there was nothing unusual about this lot which prevented compliance with the Code. Therefore, the Board voted unanimously to deny the variance due to lack of hardship. On October 28, 1993, Mr. Roselle filed an appeal with the City Clerk's office regarding the decision of the Zoning Board of Appeals. In the statement of appeal, it is alleged that the ZBA erred in denying the variance by: "Abusing its discretion in arbitrarily concluding that no hardship was established and failed to support its decision with competent evidence in the record. Abusing its discretion in arbitrarily concluding that an appeal heard earlier that morning presented a hardship (Appeal 2082) in that a garden would be destroyed if the variance was not granted but that in Appellant's request the effect on his back lawn was not considered a hardship. ' 475 ' December 7, 1993 By improperly applying and interpreting relevant laws and provisions of the Code and Charter, to wit: Chapter 29. By exceeding its authority or jurisdiction in that Appellant's request for a building permit is not a zoning issue." Staff Response to Appeal: 1. It is alleged that the ZBA abused its discretion in arbitrarily concluding that no hardship was established and failed to support its decision with competent evidence in the record. Response: The record shows that the Board asked Deputy City Attorney Paul Eckman to explain the criteria contained in the Zoning Code that authorizes the Board to grant variances. Mr. Eckman read from Section 29-41 (c), which states: "The Zoning Board of Appeals shall authorize, upon appeal in specific cases, variances from the terms of this Article where by reason of exceptional narrowness, shallowness or slope of a specific piece of property at the time of the enactment of this Article or by reason of exceptional topographical conditions or other extraordinary and exceptional situations or conditions of such piece of property, including situations or conditions which hinder the owner's ability to install a solar energy system, the strict application of any regulation enacted herein would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Article....". Board members discussed these criteria in relation to the requested variance and tried to find a hardship. There was general agreement that the granting of the variance would not cause a detriment to the neighborhood, but that in itself was not enough to warrant the variance and that a hardship must sti11 be found. The record shows that there was considerable discussion between members of the Board and Mr. Roselle regarding various factors which might be considered to be a hardship. However, the Board determined that there was nothing unusual about Mr. Roselle's property with respect to narrowness, topography and the like, and therefore no hardship existed. 2. The Board abused its discretion in arbitrarily concluding that an appeal heard earlier that morning presented a hardship in that a garden would be destroyed if the variance was not granted, but that in the Appellant's request the affect on his back lawn was not considered a hardship. 1 476 December 7, 1993 ' Response: The appeal referred to, Appeal #2082, dealt with a side setback reduction from 5 feet to 2 feet for an addition to a detached garage. The petitioner in that case did claim as a hardship the desire to preserve a cultivated garden of raspberries and asparagus. This garden would need to be removed if the garage addition had to comply with the required setback. However, the Board did not consider this to be a valid hardship. The Acting Chairperson explained to the petitioner that, while they are sympathetic to the desire to save a garden which had taken years to cultivate, this is not the sort of "landscape" hardship which the board has used for a basis of granting other variances. For landscaping to be considered as a topographic or other type of hardship, it has to be of a more significant and substantial scale then a vegetable garden. For instance, the Board might consider the existence of a large tree as a basis for the granting of a variance. In this particular appeal the Board determined that other circumstances existed on this property that were consistent with other properties in the old part of town which had been granted similar variances. These circumstances are the narrowness of the lot and the fact that the existing garage was already at only a 2 foot setback, and the addition was going to line up with the existing wall. These factors, along with issues related to the location of other existing structures, seemed to be the elements of hardship which the Board relied upon in the granting of Appeal #2082. The existence of the garden appears to have been dismissed as having any role in the granting of the variance. 3. The Board improperly applied and interpreted relevant laws and provisions of the Code and Charter. Response: As discussed earlier, the Board expressly applied Section 29-41, "Zoning Board of Appeals; duties and powers" in its decision making process. This Section allows the Board to grant variances in cases where a hardship is found to exist. In applying this section, the Board determined that there were no characteristics of the lot, such as narrowness, shallowness, or topography, which would prevent the appellant from, building the shed in a location which complies with the Code. In interpreting this section, the Board determined that there are two criteria which must be met before a variance can be granted. First, it must be determined that there is a valid hardship, and second, it must be determined that there will be no substantial detriment to the public good if the variance is granted. Board members expressed their belief that if both of these criteria cannot be met, then a variance should not be granted. 4. The Board exceeded its authority or jurisdiction in that the Appellant's request for a building permit is not a zoning issue. Response: The appellant has indicated his intention to build the shed on a wood platform and not permanently affix the structure to the ground, and thus, the definition of "building" in the Zoning Code does not apply to his shed and the Code is irrelevant. Section 29-1 defines "building" as "...any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics: (1) Is ' 477 I December 7, 1993 permanently affixed to the land; (2) Has one or more floors and a roof; (3) Is bounded by either open space or the lot lines of a lot." The Uniform Building Code, however, does require a building permit for any detached accessory building over 120 square feet. Since the appellant's shed is 168 square feet, a permit is required, and construction standards of the Building Code do apply. The Code classifies the building as a permanent structure, but allows the Building Official to authorize the use of alternative materials and methods which might be used in constructing a shed. In the case of detached storage sheds, the Building Official has authorized the use of wood platforms as an acceptable foundation, in place of concrete. However, when wood materials are .used, the Building Official requires that the shed be affixed to the ground using some sort of acceptable anchoring method. The weight of the building alone is not satisfactory. As a condition of a building permit, Mr. Roselle will be required to affix his shed to the ground in a permanent manner by means of an acceptable anchoring system. Thus, the shed will comply with all the elements contained in the definition of "building" as found in the Zoning Code. Section 29-5 (a) of the Zoning Code states that "No building shall be erected, moved or structurally altered unless a building permit has been issued by the Building Permits and Inspections Administrator. A17 permits shall be issued in conformance with the provisions of this Chapter...". Thus the Zoning Code is ' quite clear that a request for a building permit is a zoning. issue. Additionally, Section 29-476 (d) of the Code states that "No detached accessory building may exceed eight (8) feet in height unless such building complies with all of the yard setbacks for the district in which such building is located." Since the proposed shed is 10 feet in height, the relevant setbacks do apply, and therefore the location of the shed is a zoning issue. City Council is being furnished with a copy of the summary minutes of Appeals #2082 and #2087, and all other materials presented to the Zoning Board of Appeals regarding Mr. Roselles's variance request. In addition, the appellant is furnishing the Council with a verbatim transcript of Appeals #2082 and #2087. The procedures for deciding the appeal are described in Chapter 2, Article 11, Division 3 of the City Code." City Attorney Steve Roy briefly outlined the procedures for hearing appeals and spoke of Council's options. Jerry Roselle, appellant, spoke of his reasons for appealing the decision of the Zoning Board of Appeals. Mayor Pro Tem Horak ruled transcripts of appeals for variance requests heard earlier in the October 14 Zoning Board of Appeals meeting would not be considered as evidence for Mr. Roselle's appeal. 1 478 December 7; 1993 ' Councilmember Winokur made a motion, seconded by Councilmember Kneeland, that sufficient grounds exist to hear the appeal. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Code Administrator Peter Barnes gave a staff presentation on the item and showed slides of the appellant's property. Mr. Roselle spoke of the uniqueness of the lot size and shape and stated the building would be lower than the top of the fence. He spoke of the hardship that had been imposed on him by the decision of the Zoning Board of Appeals and asked Council to grant the variance. Barnes responded to Council questions regarding minimum setback requirements. Councilmember Kneeland made a motion, seconded by Councilmember Janett, to deny the grounds that the Board had abused its discretion and find that the appellant had a fair hearing by the Zoning Board of Appeals. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Janett made a motion, seconded by Councilmember Apt, to uphold the ' appeal and grant the variance because a hardship does exist. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Winokur. Nays: Councilmember McCluskey. THE MOTION CARRIED. Items Relating to the Adoption of the Old Town Master Drainage Basin Plan, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT To support the proposed improvements the estimated cost to a 8,600 sq. ft. single family lot would.cost $3.58 per month. Of this amount about $0.60 is identified for minor capital improvements. For commercial properties, generally, the amount of impervious area about doubles that, of single family lots. Actual fees will be based on both lot area and impervious area. A new development fee would be included at $4,150 per acre. A small area that is included in the Old Town drainage basin but not tributary to the proposed improvement would only see the minor capital fee on their utility bills. 479 9 I December 7, 1993 A. Resolution 93-189 Adopting a Revised Version of the Stormwater Basin Map of the City. B. First Reading of Ordinance No. 159, 1993 Amending Chapter 26 of the Code of the City of Fort Collins by the Adoption of the Old Town Master Drainage Basin Plan and by Adopting Fees Therefor. Currently there is no master plan or financing plan for improvements in the Old Town drainage basin to address flooding problems. The Old Town Master Plan is one of the last basins to have a master plan prepared. The adoption of the master plan will include improvements and a funding source to provide improvements to address flooding problems in the basin. The funding for the improvements is proposed to be a maximum of $3.58 per month for a 8,600 sq. ft. single family lot and a new development basin fee base rate of $4,150 per acre. This funding will support a pay as you go philosophy for a capital improvements program over a 23 year period. BACKGROUND: The Old Town area is one of the last basins in which a master plan has been prepared. The major goals of the master plan were to inventory existing infrastructure to establish its integrity and identify areas in need of improvement, identify flow patterns and related flooding problems, and propose solutions to mitigate those problem areas. The existing stormsewer system in the Old Town basin is the oldest drainage system in the City and dates back to the early 1900's. Staff then developed a financing plan to support the proposed improvements consistent with the other drainage basins in the City where financial plans and improvements are already under way. Like other basins the cost of proposed improvements is to be spread among those properties in the Old Town basin. Those properties are the same properties that contribute runoff to the properties with problems. The basis of the fee structure is to define each property's runoff contribution to the drainage system by considering lot area and the property's impervious area, such as buildings, asphalt and concrete areas. In essence, the higher the impervious area, the higher the runoff contribution, therefore the higher the fee for that parcel. The monthly capital fee is included on that property's monthly utility bill and paid with other city utilities. A new development fee is proposed as well. Monies collected in the Old Town or any specific drainage basin must be spent in that basin and cannot be transferred to other basins. Proposed Improvements An integral part of the master planning process was the identification of improvement alternatives to address the flooding problems identified. Three 51-H December 7, 1993 ' scenarios were analyzed in detail and the level of protection was identified for each alternative. Those were enlarging the existing stormsewer system, detention storage and street regrading. The. detention storage alternative had a benefit to cost ratio of 0.62 and provided protection levels ranging from the 10-yr to the 100-yr storms depending on the location of the property. The 100-yr design storm has a 1% chance of occurring in any given year, while a 10-yr storm has a 10% chance of occurring in any year. The stormsewer alternative had a benefit to cost ratio of 1.12 and protection at the 10-yr design storm level. If improvements were proposed for a higher level of protection than the ten year storm it would result in substantially higher costs than benefits received. This would result in a benefit to cost ratio of less than one. The street regrading alternative (recommended) had a benefit to cost ratio of 1.12 and protection levels ranging from the 10-yr to 100-yr design storms. This alternative provided the best overall level of protection from flood damage and provides the greatest net benefits. The improvements recommended include: * the regrading of city streets at strategically located sites to allow and I direct the passage of storm runoff; * open channels where its infeasible to use the city street system; * culverts under the streets or in areas where site conditions dictate undergrounding the system is necessary; * wetland areas to clean the runoff before it drains into the Poudre River, and; * stormsewers in the downtown area. Improvements are also proposed in the area of minor capital improvements. These improvements are generally smaller in nature compared to the master plan improvements and designed to address smaller or localized problem areas. These improvements can be characterized as including improvements to the existing infrastructure to ensure its functioning properly; repair of the system when it is either damaged or no longer meets current standards; and site by site improvements to mitigate flooding problems to individual properties. These flood mitigation activities might include flood proofing of, properties through the installation of berms, flood proofing entrances and minor street improvements. Financial Impacts The initial strategy developed during the creation of the Stormwater Utility was for the gradual escalation of rates with- in each basin. This allowed for the funding in each basin to grow as capital projects were designed and right-of-way acquired before construction started. During the issuance of revenue bonds in , 481 December 7, 1993 1988 an informal policy was adopted where the maximum fee in any drainage basin would be $3.58 for a single family residential lot of 8,600 sq. ft. and no increase in capital monthly rates would exceed 15Y per year. The proposed financing plan for Old Town proposes a fee at the $3.58 maximum rate to support the schedule of improvements. The selection of the $3.58 rate treats the Old Town basin no different than the other basins at the maximum rate. A new development fee would be included at $4,150.00 per acre. The monies from this fee would pay new developments share of the proposed improvements. The cost of the improvements total some $6.3 million while achieving an average annual damage reduction or benefit of $585,000 per year. Damages are calculated by considering all of the design storms of varying degrees of intensity, the frequency of those storms over a 100 year period, and the damages created by each of these storms. These damages are then calculated on an annual basis and are the basis to compare the benefits of a particular improvement. Improvements are identified and modeled to show their reduction in flood damages. The reduction in flood damages is the benefit of the project. The cost of the improvements is identified and calculated on an annual basis considering the life of the project. Comparing the benefit in flood damages and the cost of the improvements gives the benefit to cost ratio of the project. For the proposed street regrading improvements in the Old Town basin the benefit to cost ratio is 1.12. A small area that is included in the Old Town drainage basin but not tributary to the proposalimprovement would only see the minor capital fee on their monthly utility bills. This area has been titled "01d Town North Tributary Sub Basin". Surface waters generated in this sub basin do not contribute to the Master Planned Improvements, however, by being included in the Minor Capital Improvements Program, minor capital improvements can be made sooner by pooling monies with other minor capital monies generated by the basin as a whole. Citizen Input A key ingredient to the master planning process is the solicitation of public comments. A mailing was sent to some 4,200 addresses in the basin notifying them of the proposed project, the financial impact and dates of open houses where information was available for review. Attached to the letter was a questionnaire to be returned with their comments and preference for which financial option. Over 590 of the questionnaires were returned with 60Y of those selecting a financial option where something should be done. Of these about 33% preferred the option which would have the smallest financial impact if improvements were made or the $3.58 per month fee option. Of the total questionnaires returned about 27Y felt nothing should be done. Open houses were held in January at the Fort Collins Public Library. The purpose of the open houses was to provide an opportunity for citizens to review the ' proposal and ask questions of staff. About 65 people attended these open houses. 482 December 7, 1993 ' There has been newspaper and TV coverage of the master plan and about the June 24th, 1992 storm. Several people either contacted Stormwater by phone or came by the office as a result of the press releases or the mailings. A wide range of comments have been received. In total about 700 people either returned questionnaires, attended the open houses or contacted staff either through the mail, by calling in or coming to the office. Letters were also sent to special interest groups and Boards and Commissions interested in the Old Town area requesting if a presentation by staff was necessary. In response, staff presented the proposal to the DDA and the North College Business Association. Council Questions and Concerns During the worksession when City Council discussed the Old Town Master Drainage Basin Plan, several questions or concerns were raised. Following is a summary of those items. The Old Town Master Drainage Basin Plan doesn't have the same sense as the other ' drainage basin master plans. This is correct. The improvements that are being proposed are different than the other basins because in the other basins drainageways or creeks are still in existence. In Old Town the drainageway was eliminated a number of years ago. Any opportunities were lost to enhance the natural drainage system. Urbanization has transferred any natural drainageways that may have existed before urbanization into surface flows on city streets. The results are that any changes to make the system more efficient necessitates the final grading of the street system and not natural drainageways. Where it is possible grass open channels and natural area improvements are being made. The impact to low income families. By percentage, the Old Town drainage basin probably includes the highest percentage of fixed income residents. This issue was considered in the development of the recommended improvement schedule and financial support for that option. The recommended option identifies the maximum rate of $3.58 which is similar to other basins. Some respondents requested the improvements be installed at a more aggressive schedule which would have resulted in higher monthly rates. Also the city has rebate programs where property owners can receive rebates on utility fees paid. Currently the city has rebate programs for sales tax, utility bills and property taxes. Currently the utility rebate program includes Water, Wastewater and Light and Power. It is planned to bring to council next spring legislative action to include Stormwater in the rebate ' 483 December 7, 1993 Program. A variance process is also available if a property owner wishes to dispute their Stormwater fee amount. The benefit to cost ratio seems marginal and what magnitude of variation can be expected in these ratios. Currently the benefit to cost ratio of the recommended improvements is 1.12. This ratio reflects property values in 1987 when the study generated this information. Using current property values it can be expected that values would increase some 10-15Y. This would raise or increase the benefit to cost ratio. In regard to the question asked about the degree of accuracy of the benefit to cost analysis, it was determined that the accuracy can be in a range of plus (+) or minus (-) 10%. When you consider both the property increase of 10-15% and the accuracy range of a +/- IOY the final benefit to cost ratio would be between 1:11 to 1:42. Considering the improvements that are proposed, how are they integrated with other City programs? There are a number of City projects/activities that may, in the future, be integrated with some of stormwater construction projects. This list is not meant to be all encompassing but an initial list. -Natural areas in core areas -Street Rehabilitation in future years -Downtown redevelopment -Canyon Avenue sculpture garden In other basins, the combination of resources from several departments has resulted in an overall better community improvement. The adoption of this Master Plan will allow similar planning to be done in the Old Town Basin. The improvements recommended in the master plan are considered conceptual and can be improved upon at the time of final design as long as the overall intent of the improvements are met. Storm Drainage Board The Storm Drainage Board has discussed the proposed master plan for Old Town in detail. The Board reviewed the recommended improvements in the master plan and improvement alternatives considered in the plan, comments received from citizen input, financial implications of the plan, benefits of the proposed plan and the Boards role in making a recommendation. The Board recommends City Council adopt the Old Town Master Drainage Basin Master Plan and funding source as recommended. A letter from the Board making its recommendation is included in the packet." Councilmember McCluskey withdrew from discussion on this item due to a perceived conflict of interest. 1 484 December 7, 1993 ' Mayor Pro Tem Horak stated he and Councilmember Janett lived in the area but did not believe they had a conflict regarding the item. Stormwater Utility Director Bob Smith gave a brief staff presentation on this item and outlined the drainage and sewer routes. He reported on a questionaire in which 60% of the citizens who responded said improvements should be made. George Reed, Chair of the Storm Drainage Board, stated the Board arrived at the conclusion that this basin should be treated identically to the 9 other basins in the City. Smith responded to Council questions and spoke of the costs of other basins and stated property owners are currently paying flood insurance. He clarified CSU does not pay any fees, noting CSU retains all its flow on its property. Will Huett, Executive Director of Larimer County Red Cross, spoke in support of the resolution and gave a brief report of the Red Cross' involvement with flood emergencies. Scott Malen, Red Cross Emergency Services Director, reported on damage assessments of the June 24, 1992 flood and explained how the assessments were completed. He stated the Larimer County Red Cross supports the Storm Drainage Board proposal and urged Council to adopt the resolution. ' John Huisjen, property owner at 412 W. Mountain, stated businesses in the area of Mountain Avenue and College Avenue would benefit more from the plan and stated it has not been clearly demonstrated that it is needed. He believed it was not equitable because the streets system is causing impacts for residential property owners who have to bear the expense. Councilmember Janett made a motion, seconded by Councilmember Kneeland, to adopt Resolution 93-189. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Winokur. Nays: None. (Councilmember McCloskey withdrawn) THE MOTION CARRIED. Councilmember Janett spoke of the possibility of incorporating stormwater fees in the City's utility rebate program to help offset hardships imposed on residents with fixed incomes. Mayor Pro Tem Horak thanked the board and staff for its efforts on the project. Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 159, 1993 on First Reading. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Winokur. Nays: None. (Councilmember McCluskey withdrawn) THE MOTION CARRIED. 485 December 7, 1993 Items Relating to the N-C-M, Neighborhood Conservation Medium Density, Zone Adopted Option A as Amended. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. First Reading of Ordinance No. 162, 1993, Amending Section 29-167 of the Code of the City of Fort Collins Increasing the Minimum Lot Size in the N- C-M, Neighborhood Conservation Medium Density Zoning District. B. First Reading of Ordinance No. 163, 1993, Imposing a Moratorium Upon the Issuance of Building Permits for Certain Uses in the N-C-M, Neighborhood Conservation Medium Density Zoning District, as Described in Section 29- 166 of the Code of the City of Fort Collins. Ordinance No. 162, 1993, is an amendment to the text of the Zoning Code to increase the minimum lot size requirement in the N-C-M, Neighborhood Conservation Medium Density, Zone, from 4,500 square feet to 5,000 square feet. The proposed increase to the minimum lot size is in response to neighborhood residents' concerns on the development of a secondary residential structure on a lot which ' already contained a structure. Many lots in the N-C-M Zone have typical dimensions of 50 feet wide by 190 feet deep, for a total of 9,500 square feet. A 9,500 square foot lot would allow for two 4,500 square foot "lots," each of which could contain a residential structure of a density allowed in the zone. The N-C-M Zone allows a duplex (2 units in one structure) to be constructed on a 4,500 square foot lot. Thus, it is possible for a 9,500 square foot lot to contain two duplexes, one on the "front" part of the lot and a second on the "back" part of the lot, provided the uses are approved by the Planning and Zoning Board. This amendment to the Zoning Code would prohibit secondary structures on single lots which are less than 10,000 square feet in size and would require such uses to acquire additional lot area from adjacent lots. The Planning and Zoning Board voted 5-0 to recommend that the City Council place a moratorium on certain development in the N-C-M Zone, and Ordinance No. 163, 1993, reflects the Board's recommendation. The Affordable Housing Board voted 7-0 to forward the following comment and recommendation to the Council: The Affordable Housing Board cannot support a moratorium for any purpose in the N-C-M Zone because of the negative impacts such an action would have on the provision of affordable housing in the city. M December 7, 1993 ' 2. The Affordable Housing Board recommends the City establish a "Minor PUD" process to review the architectural character of building permits in the N-C-M Zone over the next 12 months. Applications for building permits shall be reviewed by a committee consisting of 2 Planning and Zoning Board Members and a neighborhood representative to be appointed by the Council. The committee could utilize the existing "Neighborhood Compatibility" criteria in the LAND DEVELOPMENT GUIDANCE SYSTEM, including the criteria just added as a result of the Neighborhood Compatibility Study. Appeals of the Committee's decisions can be made to the Planning and Zoning Board, and if necessary, to the City Council. BACKGROUND: NOTE: A more detailed historical background to the East Side/West Side Neighborhood Plans Rezonings Project is presented in an Appendix to this staff report. A summary of that history is presented in this section. On March 1, 1986, the City Council adopted the EAST SIDE NEIGHBORHOOD PLAN, and on July 18, 1989, the Council adopted the WEST SIDE NEIGHBORHOOD PLAN. Both neighborhood plans are elements of the CITY'S COMPREHENSIVE PLAN. The Plans essentially categorize the neighborhoods into areas according to their ' sensitivity to change from their existing land use characteristics. Some portions of the neighborhoods are almost exclusively devoted to single-family dwellings and, as such, are very sensitive to any proposed change in land use. There are other areas which are predominantly single-family in nature, but over the years some redevelopment has occurred. Most redevelopment activity in these areas have been conversions to moderate density multi -family structures (such as duplexes, tri-plexes and four-plexes), although some larger apartment complexes (24-36 units each) have also developed. These areas are not as sensitive to moderate density residential redevelopment, but could be negatively impacted by conversions to non-residential uses. Finally, there are portions of the neighborhoods which have seen significant redevelopment and conversion activity. These areas, thus, are the least sensitive to new redevelopment and conversion activity. In October 1991, the City Council approved Ordinance 113, 1991, adopting several new zoning districts, and making amendments to the regulations of several other zones, which were intended to help implement the land use policies of the EAST SIDE and WEST SIDE NEIGHBORHOOD PLANS (specifically the land use section of Chapter 2 and Appendices A and B of the EAST SIDE NEIGHBORHOOD PLAN, and Chapter 3 of the WEST SIDE NEIGHBORHOOD PLAN. The rezonings represented a massive "downzoning" of large portions of the neighborhoods. A downzoning occurs when a new zoning district is more restrictive, in terms of allowable uses, when compared to the previous zoning district. In summary, the downzoning of the numerous parcels in these two neighborhoods resulted in: ' 487 I December 7, 1993 1. reduction of the areas within the neighborhoods that would allow multi -family residential redevelopment and non-residential conversions as uses -by -right; however, new review processes were established for these uses to determine their appropriateness in other parts of the neighborhoods based on criteria included in the neighborhood plans; 2. residential density was limited to four-plexes as uses -by -right within areas open to redevelopment activities; however, special review process, including the PUD option, were established requiring public hearings and Planning and Zoning Board review for higher density residential projects; and 3. commercial and business activities were limited within and along the edges of the neighborhoods; 'however, special review processes, including the PUD option, were made available to propose such uses in other parts of the neighborhoods. The neighborhood plans, thus, provided the policy guidance for the East Side/West Side Neighborhood Plans Rezoning Project. Due to their nature, neighborhood plans are very specific in their policy direction. The new zoning regulations, in many cases, were taken almost word-for-word from the Plans. In terms of the ' zoning district boundaries, they are consistent with the different land use areas proposed within the neighborhood plans. The concepts, goals, and policies presented in the EAST SIDE and WEST SIDE NEIGHBORHOOD PLANS are very similar for categories of land use types, although they may be called by different names in each plan. For example, the "Preservation Areas" of the EAST SIDE PLAN are very similar in nature to the "Conservation Areas" of the WEST SIDE PLAN. In summary, the major goals and land use policies of the EAST SIDE and WEST SIDE PLANS are: 1. Preserve the existing residential character of the neighborhoods. 2. Protect the neighborhoods from incompatible land uses which could locate internally to the neighborhood and undermine the stability of the neighborhood. 3. Protect the neighborhoods from incompatible land uses which could locate along the periphery of the neighborhood and have negative impacts and influences within the neighborhood. The adoption of the new and amended zones represented an important step on behalf of the City to implement the land use policies of the EAST SIDE and WEST SIDE NEIGHBORHOOD PLANS. The following table presents a summary of the N-C-M Zone, its allowable uses, the review process for the uses, and the minimum lot size ' requirements. 488 December 7, 1993 N-C-M, NEIGHBORHOOD CONSERVATION MEDIUM DENSITY, DISTRICT ALLOWABLE USES APPROVAL PROCESS MINIMUM LOT SIZE Single-family dwellings Use -by -right 4,500 Two-family dwellings Use -by -right 4,500 (provided no structural additions are made to the existing building or the units are constructed on a vacant lot) Churches Use -by -right 6,000 Child-care centers Use -by -right 6,000 Multi -family (max. 4-plex) Administrative 6,000 (provided no structural additions are made to the existing building or the units are constructed on a vacant lot) Group homes Administrative 6,000 Two-family dwellings P & Z Board 4,500 (with structural additions or the units are constructed on a lot containing a structure) ALLOWABLE USES APPROVAL PROCESS MINIMUM LOT SIZE Multi -family (max. 4-plex) P & Z Board 6,000 (with structural additions or the units are constructed on a lot containing a structure) Any use through a PUD P & Z Board Site Plan NOTE: In all cases, the minimum lot area must be the equivalent of two (2) times the floor area of the building, but not less than the minimums listed above. AMENDMENTS TO THE ZONING CODE Zoning ordinances legally define what land use types can or cannot locate on a specific property. Uses which may be allowed to locate in "Zone A" may not be allowed to locate in "Zone B." In Fort Collins, land use restrictions are not as rigid as in most zoning ordinances due to the ability, through the PUD process H.0 December 7, 1993 (LAND DEVELOPMENT GUIDANCE SYSTEM), to propose a land use which would not automatically be allowed in a zone. The appropriateness of a proposed use is evaluated against the criteria in the LOGS; if the use meets the criteria, the use can be approved. Amendments to Zoning Regulations (referred to in the City's Code as "schedules") are allowed according to the procedures set forth in Sections 29-44, and 29-73 of the CODE OF THE CITY OF FORT COLLINS. The Code allows the City Council, after receiving a recommendation from the Planning and Zoning Board, to approve amendments to the text of zoning regulations. In order to approve an amendment to the Zoning Code, the Council must determine that the changes are in the best interest of the' community as a whole, and not simply the best interest of a specific individual or group of people. On November 4, 1993, the Planning Department sent a letter to all property owners within the N-C-M Zone notifying them of the pending minimum lot size change and announcing the Planning and Zoning Board's and City Council's public hearing dates. AMENDMENT TO THE N-C-M, NEIGHBORHOOD CONSERVATION MEDIUM DENSITY, ZONE This is an amendment to the Zoning Code to specifically consider an increase to the minimum lot size requirement in the N-C-M, Neighborhood Conservation Medium Density, Zone, from 4,500 square feet to 5,000 square feet. The proposed increase to the minimum lot size is in response to neighborhood residents' concerns on the development of a secondary residential structure on a lot which already contained a structure. Many lots in the N-C-M Zone have typical dimensions of 50 feet wide by 190 feet deep, for a total of 9,500 square feet. A 9,500 square foot lot would allow for two 4,500 square foot "lots" each of which could contain a residential structure of a density allowed in the zone. The N-C-M Zone allows a duplex (2 units in one structure) to be constructed on a 4,500 square foot lot. Thus, it is possible for a 9,500 square foot lot to contain two duplexes, one on the "front" part of the lot and a second on the "back" part of the lot, provided the units are approved by the Planning and Zoning Board Neighborhood residents' concerns about the construction of a secondary structure on a lot which already contained a structure stem from two separate issues related to the City's Zoning Ordinance. First, in the East Side/West Side Neighborhood Plans Rezoning Project, the minimum lot size for lots in the neighborhoods placed into the N-C-M, and N-C-B, Neighborhood Conservation Buffer, Zone, were reduced from 6,000 to 4,500 square feet. And second, as long as minimum lot sizes and set -back requirements are met, single lots may contain more than one structure, i.e., single lots do not need to be subdivided into two lots, for example, in order to contain a residential structure on each lot. ' The following issues and criteria are among those to be considered in an analysis and evaluation of amendments to the Zoning/Code: 490 December 7, 1993 ' A. The primary criteria for evaluating an amendment to the zoning code is its compliance with the officially adopted LAND USE POLICIES PLAN and GOALS AND OBJECTIVES document, as well as other appropriate elements of the CITY'S COMPREHENSIVE PLAN, including any officially adopted neighborhood or area -wide plans, such as the EAST SIDE and WEST SIDE NEIGHBORHOOD PLANS. The first criterion to be reviewed is whether or not the request to increase the minimum lot size in the N-C-M Zone from 4,500 to 5,000 square feet is consistent with the EAST SIDE and WEST SIDE NEIGHBORHOOD PLANS. The answer to this important criterion is technically a "no" since the 4,500 minimum lot size in the N-C-M Zone was taken directly from the neighborhood plans. As indicated above, the neighborhood plans were very specific in their policy guidance. In Appendix A of the EAST SIDE PLAN, the recommended zoning districts specifically listed a 4,500 square foot minimum lot size for one -family and two- family dwellings. This recommendation formed the basis for the 4,500 minimum in the N-C-M Zone. Thus, a change to 5,000 is technically not supported by the plans. In fact, during the rezoning process, the City received several comments from neighborhood residents that the reduction of lot sizes and set -backs did not go low enough to eliminate the necessity for property -owners to see variances from the Zoning Board of Appeals (ZBA) if they, in the future, wanted to expand, or add on, to their houses. ' However, the land use policies and rezonings adopted for the neighborhoods were intended to be part of a more complete implementation package. Both plans contain goals and policies encouraging the preservation of the architectural and historic character of the neighborhoods. It was initially intended that the rezonings would be supplemented by "design criteria" to assure the preservation of important neighborhood characteristics. To date, these design criteria have not been developed, meaning the implementation package remains incomplete for the land use policies of the neighborhood plans. Staff's recommendation would put a temporary "hold" on the initial N-C-M rezoning until the additional materials could be developed. It is important to make sure the amendment is temporary (ending on December 31, 1994) and that the design criteria are developed within that time frame because temporary amendments are construed with less strictness than permanent ordinances as far as legal requirements (such as conformance with the Comprehensive Plan) are concerned. B. In addition to elements of the CITY'S COMPREHENSIVE PLAN, an amendment to the Zoning Code may be reviewed against the following general welfare considerations. Has there been a substantial change of conditions in the area in question? Have time and experience demonstrated that the existing zoning schedule is unwise or in need of change? 491 December 7, 1993 As indicated above, the N-C-M Zone was adopted in October 1991, a little over two years ago. While the construction of a single additional unit on an existing lot has raised some local neighborhood resident concerns, a single development is difficult to categorize as a substantial change of conditions within the neighborhood. In fact, the lot on which the new structure was constructed is an example of what has historically happened within the neighborhood on larger lots which have "frontages" on two streets, i.e., corner lots. Of the 55 full or partial blocks zoned N-C-M in the East Side Neighborhood, 47 (85Y) have corner lots which have more than one structure on them; most have two or three corner lots devoted to more than one structure. Several of the lots actually have three structures on them, and a few have four structures. In some cases, the corner lot has been combined with the adjacent lot to provide more "lot area" for the structures. In the West Side Neighborhood, of the 53 full or partial blocks zoned N-C-M, 43 (81%) have corner lots which have more than one structure. Accordingly, it would be difficult to justify the amendment based on any substantial change of conditions. 2. Are there adequate transportation, recreation, educational, utility, and other facilities to accommodate the uses allowed in N-C-M zone? ' The N-C-M Zone was established to help implement the land use policies of the two neighborhood plans. The land use policies were developed after a long process of citizen involvement which evaluated such issues as the adequacy of transportation systems, utilities, etc. It was determined during the development of the neighborhood plans that certain portions of the neighborhoods could accept higher density development without affecting public health, safety, or welfare. These areas were identified on the maps contained within the Plans, and subsequently placed into the N-C-M Zone. Essentially, increasing the minimum lot size would represent a further rezoning of density within the neighborhood, so the literal answer to the question about adequate services would be a "yes." While there are adequate services, the requested lot size change, in fact, would actually lead to less efficient utilization of public facilities and services because less density would be allowed within the N-C-M Zone. 3. What is the need in the vicinity and/or community as a whole for the N-C-M Zone? Where are there existing undeveloped parcels of N-C-M or similar zones? The N-C-M Zone was developed, as indicated above, to implement the neighborhood plans, but also to assist in implementation other City-wide land use goals and policies, such as Policy #80a from the LAND USE POLICIES PLAN which calls for higher density residential development to locate near the core area (downtown) ' and the Colorado State University main campus. The DOWNTOWN PLAN, encourages additional residential development in the downtown and adjacent residential 492 December 7, 1993 ' neighborhoods. The neighborhood plans blended the City's overall policies with neighbor preservation concerns. From the community -wide perspective, the N-C-M Zone is necessary and must be allowed to offer opportunities for increase residential densities near the downtown and CSU. Such development helps address other City goals to encourage alternative modes of transportation which will assist in reducing the community's air quality problems, foster cost-effective public services, provide affordable housing, and, decrease urban sprawl. It is recognized by the City that older residential neighborhoods are unique and offer a variety of lifestyles, housing opportunities, and a quality of life that can not be found, or duplicated, in other parts of the community. So, essentially, there are no other locations in the community which can offer the environment of older neighborhoods. From an affordable housing perspective, older neighborhoods offer a reservoir of housing whose older age and smaller size provide unique cost-effective housing and unique opportunities for additional cost-effective housing. 4. What might be the impact of this amendment to the zoning code upon the immediate neighborhood, district, and City as a whole? The immediate impact of the amendment would be to prohibit two structures utilizing the 4,500 square foot minimum lot size to locate on a single, typical 9,500 square foot lot. An increase to a 5,000 square foot minimum lot size would ' require two adjacent 9,500 lots to be utilized in order fora secondary structure to be constructed on the "back part" of both lots. Additional impacts would include an overall lowering of the potential redevelopment density within the neighborhoods and reduce the potential for additional affordable housing units. The Affordable Housing Land Planning and Housing Development Mini -Task Force forwarded a recommendation to the City Council calling for establishment of zoning regulations allowing for the development of secondary structures, often called "granny flats," on lots within existing older neighborhoods. The concept was supported by the Council which directed the new Affordable Housing Board to develop specific criteria and .regulations for greater public review. The criteria and regulations could be produced by mid-1994. The continued lowering of density and an increased inability to redevelop, or develop "infill" sites, will make it difficult to achieve other City goals to encourage alternative modes of transportation which will assist in reducing the community's air quality problems, foster cost-effective public services, provide affordable housing, and, decrease urban sprawl. While such decisions, such as this request, are difficult, community -wide goals will need to be viewed as of greater importance in trading -off neighborhood concerns. 5. An amendment to the Zoning Code can be approved if there was a technical mistake made in delineating the present zoning boundaries or regulations. 493 1 ' December 7, 1993 In this case, the "technical mistake" made was the failure to complete the design criteria portion of the East Side/West Side Neighborhood Plans Rezonings Project The rezonings and the design criteria were to be a package of implementation strategies for the neighborhood plans. STAFF RECOMMENDATION Staff recommends approval of the amendment to the Zoning Code as a temporary solution to issues related to the development of secondary residential structures on lots already containing a structure. This temporary solution will govern related land use and redevelopment issues until further criteria can be developed which control the architectural character, square footage size, and the percentage of lots in a block which may contain secondary units. Staff would recommend the 4,500 square foot minimum lot size be reinstated in the N-C-M Zone once all of the following items are completed or by December 31, 1994, whichever first occurs: 1. A set of neighborhood design criteria are developed which would help assure that the architectural character of new structures would blend with the existing characteristics of the neighborhood. 2. Regulations are developed which limit the square footage size or number of bedrooms, and lot coverage of secondary units on a single lot. 3. Regulations are developed which limit the percentage of lots which could redevelop with secondary structures. With regards to the first item listed above, a project to develop neighborhood design criteria is currently in the Planning Department's Work Program for 1994. The project is due to start in March and be completed by the end of the year. The second and third items, indicated above, are included in the Affordable Housing Board's Work Program for 1994-1995. The Board has established a "medium" priority for these items and they likely will start in mid-1994. From the affordable housing perspective, the development of "granny flats" provide excellent opportunities to increase the supply of lower cost housing without greatly increasing density or destroying the characteristics of an existing neighborhood. Two critical components. in allowing such secondary units on lots with existing structures is to first, either limit the number of bedrooms allowed in the unit or the square footage of the unit, and second, to limit the percentage of 'lots within a block which would be allowed to develop secondary units. As an alternative to limiting only the square footage of the second unit, is to establish a total square footage regulation to address the square footage of both structures on the lot. 1 494 December 7, 1993 1 Options The following options to amending the Zoning Code were considered, but not recommended, by staff: 1. Amend the Zoning Code to only allow one structure on a subdivided lot (in order to obtain a building permit, the proposed use must be on a subdivided lot). As discussed above, the secondary unit constructed on a single lot was the result of two separate issues related to the Zoning Code. First was the reduction of the minimum lot size from 6,000 to 4,500 square feet, and second was the interpretation that as long as minimum lot sizes and set -back requirements are met, single lots may contain more than one structure. Staff considered but rejected the option of a city-wide Code amendment limiting each lot to only one structure because there are too many lots within the city which contain more than one structure. Almost all multi -family residential projects contain more than one structure on single lots, as do shopping centers in commercial zones. Too many "legal non -conforming uses" would be created with such a code amendment and staff believes there are better ways to address neighborhood resident's concerns. 2. Increase the minimum lot size from 4,500 to 6,000 square feet. Prior to the establishment of the N-C-M Zone, the minimum lot size in the ' neighborhoods was 6,000 square feet. Staff considered and rejected the option to increase the minimum lot size back to 6,000 square feet because staff believes that would be in direct conflict with the policy direction in the neighborhood plans. Whether minimum lot sizes of 4,500 or 5,000 square feet are consistent with the policies of the plans is probably open to enough debate, but one thing is definitely certain, the neighborhood residents wanted a reduction in the minimum lot sizes. During the public hearings on the rezoning project, the only comments from neighborhood residents on the lot size reductions (and set -back reductions) was that they did not go low enough to eliminate all properties from the necessity of seeking variances from the Zoning Board of Appeals if additions were proposed. Staff believes the reductions eliminated the vast majority of lots from the need to seek variances from the ZBA, and of those that would need to submit variances were the lots which should have some type of public review. 3. Deny the Change to the Minimum Lot Size. As discussed above, the neighborhood plans were specific in recommending that the minimum lot sizes in the new zoning districts be reduced to 4,500 square feet. Thus, a literal interpretation of the neighborhood plans in regards to the consideration to increase the minimum lot size to 5,000 square feet implies that the change is not consistent with adopted elements of the CITY'S COMPREHENSIVE PLAN. And, since the Comprehensive Plan is the primary criteria for considering amendments to the zoning code, the requested change should not be made. In addition to the neighborhood plans, other elements of the COMPREHENSIVE PLAN ' 495 December 7, 1993 encourage a general increasing of residential density in the city to help achieve goals to encourage alternative modes of transportation to help achieve improvements in air quality, and provide cost-effective public services and facilities. Amend the East Side and West Side Neighborhood Plans. Another option staff considered was to amend the EAST SIDE and WEST SIDE NEIGHBORHOOD PLANS to make the considered increase in the minimum lot size literally conform to the recommendations in the plans. Plans are policy documents to aid decision making,..inc7uding the creation of new zoning districts and regulations. The City can make decisions which do not exactly conform to the policies of the COMPREHENSIVE PLAN but must make decisions which conform to the Zone Code. For example, while the COMPREHENSIVE PLAN contains policies which encourage residential densities in the city to be 3 or more units per acre, some properties are zoned for a maximum density of I unit per acre. Development of such properties cannot exceed I unit per acre. Also, several projects have been constructed under zoning, which only establishes minimum lot sizes, at densities less than 3 units per acre. Staff does not believe amendments to the neighborhood plans are necessary, since staff anticipates the minimum lot size in the N-C-M Zone to be reduced back to 4,500 once design criteria, building square footage regulations, and limitations as to the number of lots in a block whi,:h can contain two structures are developed. 5. Limit Secondary Structures to Lots with Double Street Frontages In reviewing the pattern of development in the older neighborhoods, of the lots which contain two structures, all are lots with double street frontages, i.e., corner lots. Staff considered recommending a zoning change to limit development of secondary units to corner lots. This change is not currently being processed, but may be included when staff returns with the regulations which limit the number of lots which can contain two structures. Staff believes it is better to consider such a limitation in the greater context of limitations within the entire block rather than as a "stop gap" measure at this time. The Planning and Zoning Board's recommendation (Ordinance No. 163, 1993) is presented below, followed by the Affordable Housing Board's recommendation. Staff believes the Planning and Zoning Board's recommendation for the City Council to establish a moratorium on the development of certain uses in the N-C-M Zone is too extreme. Moratoriums, as a planning tool, are usually utilized when there is an immediate threat to public health and safety (for example, the lack of adequate sewer service in an area would be justification for a moratorium until increased sewer service could be provided). While the secondary unit constructed at 651 Whedbee Street may not be desirable form an "infill" development perspective, it may or may not constitute a threat to public health and safety. That is a determination that is up to the Council to make. 496 December 7, 1993 PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting on November 15, 1993, voted 5-0 to recommend to the City Council that a moratorium be place on of certain uses in the N-C-M Zone until further criteria and regulations can be developed which control the architectural character, square footage size, and the percentage of lots in a block which may contain secondary units.. A copy of the Board's minutes is attached. Based on discussions at the Board's November 15 meeting, staff has prepared the following list of uses which would not be allowed to locate in the N-C-M Zone during the moratorium (for clarity, a list of uses which would be allowed is also presented): Uses to be prohibited by a moratorium in the N-C-M Zone: 1. The following listed uses would be prohibited by.a moratorium if the uses were proposed as new construction or modifications to existing uses that propose structural additions or exterior alterations: A. Single-family dwellings. B. Two-family dwellings. C. Churches. ' D. Child-care centers. E. Multi -family dwellings. F. Public and nonprofit quasi -public recreational uses as a principal use. G. Group homes. H. Public and private schools for elementary and high school education. 2. Uses allowed to continue to locate in the N-C-M Zone during a moratorium, utilizing existing buildings provided no structural additions or exterior alterations are made to the existing building: A. Single-family dwellings. B. Two-family dwellings. C. Churches. 497 ' December 7, 1993 D. Child-care centers. E. Multi -family dwellings up to four (4) units. F. Public and nonprofit quasi -public recreational uses as a principal use. G. Group homes. H. Public and private schools for elementary and high school education. 3. The following newly constructed uses would be allowed to locate in the N-C-M Zone during a moratorium: A. Accessory buildings and uses. B. Essential public utility and public service installations and facilities for the protection and welfare of the surrounding area. AFFORDABLE HOUSING BOARD RECOMMENDATION ' The Affordable Housing Board, discussed the proposed change to at a meeting on November 10, 1993, briefly the minimum lot size in the N-C-M Zone and voted 7-0 to request that the Planning and Zoning Board delay the official formulation of its recommendation to the Council until December to allow the Affordable Housing Board an opportunity to review the proposal in greater detail. The Affordable Housing Board, on November 29, 1993, voted 7-0 to forward the following comment and recommendation to the Council: 1. The Affordable Housing Board cannot support a moratorium for any purpose in the N-C-M Zone because of the negative impacts such an action would have on the provision of affordable housing in the city. 2. The Affordable Housing Board recommends the City establish a "Minor PUD" process to review the architectural character of building permits in the N-C-M Zone over the next 12 months. Applications for building permits sha11 be reviewed by a committee consisting of 2 Planning and Zoning Board Members and a neighborhood representative to be appointed by the Council. The committee could utilize the existing "Neighborhood Compatibility" criteria in the LAND DEVELOPMENT GUIDANCE SYSTEM, including the criteria just added as a result of the Neighborhood Compatibility Study. Appeals of the Committee's decisions can be made to the Planning and Zoning Board, and if necessary, to the City Council." 1. 498 December 7, 1993 ' Chief Planner Ken Waido gave a staff presentation on this item. He outlined the boundaries of the N-C-M zone and stated the zone covered a large portion of the older neighborhoods in the City. He outlined various recommendations from staff, the Planning and Zoning Board, and the Affordable Housing Board. Craig Welling, representing the Affordable Housing Board, opposed a moratorium being placed on the zoning and stated the Board proposed a compromise among the neighbors. He proposed a three member board with representatives from Planning and Zoning and one neighbor/resident to review architectural compatibility of a proposed development with full appeal rights to the Planning and Zoning Board and Council. He stated he believed this proposal would not have negative impacts on affordable housing potential. Waido explained the definition of use -by -right and approving the architectural character. He spoke of staff's reasoning for increasing the minimum lot size. Councilmember Apt asked if recommendations from the Affordable Housing Board were being considered by the Planning and Zoning Board. Waido stated the Planning and Zoning Board did not have adequate time to review and consider recommendations from the Affordable Housing Board. He clarified the Affordable Housing Board did make a request that the Planning and Zoning Board allow them a month to provide its recommendations and the Planning and Zoning ' Board denied its request. Councilmember McCluskey questioned the difference between a moratorium and increasing the lot size. Waido stated the Planning and Zoning Board recommendation for a moratorium was to stop all development in the neighborhood until the design criteria was adopted. He clarified staff's recommendation to increase the lot size would prohibit that use from occurring on the typical lot size and it would take 2 adjacent lots being utilized to build a secondary structure and the likelihood would be very remote. He stated the moratorium option would prohibit adding additional rooms to existing residences due to changing the architectural characteristics of the structure. Steven Schwartz, 627 Whedbee, spoke of a recently constructed rental unit near his residence that has caused concern among him and his neighbors. Sandy Huett, 645 Whedbee, spoke of declining property values and density concerns. Bob Castner, 721 Smith Street, spoke in support of older neighborhoods and stated such small lots can not support any more density. 499 ' December 7, 1993 Kevin Colby, 715 Smith Street, spoke of the need for affordable housing but stated it was not fair that older neighborhoods should satisfy a disproportionate share of the demand. He supported a moratorium., an increase in minimum lot size and a limitation on density. He suggested second structures be limited to corner lots. David Scheel, 605 Whedbee, opposed building affordable housing units in the neighborhood and spoke of existing structures that are inappropriate in size and character. Lou Stitzel, 521 E. Laurel, supported the Affordable Housing Board recommendation and spoke of the need to perform an overall study of neighborhood design similar to what has been done in Denver relating to older neighborhoods with different lot sizes. Ernie McQuiddy, 421 E. Laurel, suggested placing a moratorium on current zoning and suggested the entire Eastside Neighborhood Plan be adopted. Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 162, 1993 on First Reading. City Manager Steve Burkett stated the only way to stop the building would be to ' temporarily prohibit development in the area until solutions are in place. Councilmember Janett offered an amendment to change the "minimum lot/parcel size" in the 7th WHEREAS paragraph from 5,000 to 5,500, stating it would reduce the number of lots that would fit in the use -by -right category. Councilmembers Apt and McCluskey accepted the amendment as a friendly amendment to the original motion. Craig Welling, representing the Affordable Housing Board, stated reviewing architectural characteristics would be a desired approach. Councilmember Apt spoke in support of the motion and thanked the Affordable Housing Board for its ideas and opinions. Councilmember Janett spoke of the need for a comprehensive plan that addresses what type of units would be developed. The vote on Councilmember McCluskey's motion as amended was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. 500 December 7, 1993 ' Items Relating to the REA Annexation and Zoning. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. Resolution 93-190 Setting Forth Findings of Fact and Determinations Regarding the REA Annexation. B. Hearing and First Reading of Ordinance No. 160, 1993, Annexing Approximately 9.4 Acres, Known as the REA Annexation. C. Hearing and First Reading of Ordinance No. 161, 1993, Zoning Approximately 9.4 Acres, Known as the REA Annexation, into the H-B, Highway Business, Zone with a PUD Condition. This is a request to annex and zone approximately 9.4 acres located west of College Avenue and south of Harmony Road, south of the Arbor Plaza Shopping Center (Wal-Mart). The requested zoning is the H-B, Highway Business District. The property is presently developed as the main office of the Poudre Valley Rural Electric Association. The property is currently zoned B-Business and C- Commercial in the County. This is a voluntary annexation. ' APPLICANT: Ronald J. Carey, General Manager Poudre Valley Rural Electric Association, Inc. 4809 S. College Avenue Fort Collins, CO 80526 OWNER: Same BACKGROUND: Annexation Eligibility The applicant and owner, Ronald J. Carey, General Manager, Poudre Valley Rural Electric Association, has submitted a written petition requesting annexation of approximately 9.4 acres located west of College Avenue and south of Harmony Road, south of the Arbor Plaza Shopping Center (Wal-Mart). The requested zoning is the H-B, Highway Business District. The property is presently developed as the main office of the Poudre Valley Rural Electric Association. The eastern third of the property is currently zoned B-Business, while the western two-thirds of the property is zoned C-Commercial in the County. This is a voluntary annexation. Any existing commercial signs on the property will have to conform to the City's Sign Code at the conclusion of.a five-year amortization period or upon redevelopment of the property. 501 December 7, 1993 The property is located within the Fort Collins Urban Growth Area. 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 consider the annexation of property in the UGA when the property is eligible for annexation according to State law. The property meets the State's eligibility criteria - 116 contiguity to existing city limits from a common boundaries with the Arbor Commercial Annexation to the north and the Fairway Estates Business Annexation to the east. (See Attached Map) Zoning Designations The surrounding zoning and existing land uses are as follows: N: H-8, Highway Business, Arbor Plaza Shopping Center E: 8-L, Limited Business, variety of retail, commercial and office uses S: T-Tourist (County), Fort Collins Nursery W: FA-1, Farming (County), large lot residential development The requested zoning for this annexation is the H-B, Highway Business District. The H-B District designation is for automobile oriented businesses. The property will probably eventually redevelop with a commercial use which has a regional/community focus. According to the City's LAND USE POLICIES PLAN, ' regional/community commercial uses should located near transportation facilities that offer the required access to the uses, in ares served by public transportation, and in areas served by existing water and sewer utilities. This site addresses these ]ocational policies. A Preliminary PUD for a new/used car dealership has been submitted to the City for this property. The Planning and Zoning Board will review the proposal on December 13, 1993. Findings 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On October 19, 1993, the City Council approved a resolution which accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also initiates the annexation process for this property by establishing the date, time and place when a public hearing will be held regarding the readings of the Ordinances annexing and zoning the area. 4. The requested H-B Highway Business District is in conformance with the policies of the City's Comprehensive Plan. 1 i 502 December 7, 1993 ' STAFF RECOMMENDATION Staff recommends approval of the annexation and requested zoning. Staff also recommends that a PUD condition be attached to the H-B Zone for the property which would require all redevelopment proposals for the property to be reviewed against the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting of October 25, 1993, voted 7-0 to recommend approval of the annexation and requested zoning. A copy of the Board's minutes is attached." Chief Planner Ken Waido gave a brief presentation on this item. He clarified since the project runs along Highway 287, the State and the City have entered into an agreement. He gave a brief description of the definitions of various zones. Eldon Ward, Cityscape Urban Design, stated he was available to answer questions. Harold Swope, President of Fairway Estates Property Owners Association, speaking on behalf of the association requested the annexation be denied until the City develops a plan for South College Avenue. ' Calla Pott, 4675 Venturi Lane, requested a comprehensive plan or a sub -area plan be developed for the South College area before the property is annexed. She asked if the annexation fit into the City's comprehensive growth plan and requested that the City restrict zoning and placing conditions on the property zoning. She requested the property be zoned IL, Limited Business, with conditions placed on the limited business use. Richard Pott, 4675 Venturi Lane, spoke of the need for a comprehensive plan for the area between Harmony and Trilby Roads. He requested denial of the annexation and asked Council to set a timeframe for the completion of a South College Plan. Fran Tate, 170 Palmer Drive, expressed concern regarding development along South College Avenue and spoke of the need for a comprehensive plan before annexing additional property. Ed Harper, 120 Palmer Drive, urged Council to delay the annexation and concurred with previous comments regarding a South College Avenue plan. Chief Planner Ken Waido clarified that there is a South College Access Plan addressing the number of traffic lanes, signals and turn cuts and stated there is not a land use component to the plan. It is strictly a transportation facility plan. 503 1 ' December 7, 1993 Councilmember Winokur made a motion, seconded by Mayor Pro Tem Horak, to adopt Resolution 93-190. Yeas: Councilmembers Horak, Janett, Kneeland, McCluskey and Winokur. Nays: Councilmember Apt. THE MOTION CARRIED. Councilmember Apt made a motion, seconded by Councilmember Janett, to deny Ordinance No. 160, 1993 on First Reading. Waido stated if the annexation was not approved, the County could approve any development it desired, he spoke of the differences between the City and County's PUD process. Councilmember McCluskey stated he would not support the motion and suggested annexing the property and placing it in the T, Transitional zone, allowing additional time to address neighborhood concerns. Councilmember Janett supported the motion and spoke of the need for a South College transportation plan, she stated if commercial strip retail on South College Avenue is continued it will evetually flow over into Loveland. Waido explained the differences between the LB, Limited Business Zone and the BP, Planned Business Zone and stated the area to the south of the proposed annexation is zoned BP with a PUD condition. He stated there is basically no difference between a Highway Business Zone with a PUD condition, a Limited Business Zone with a PUD condition and a Planned Business Zone with a PUD condition. Councilmember Apt expressed frustration with traffic impact on South College Avenue and stated the lack of an overall comprehensive plan for South College or the City is a great concern. City Attorney Steve Roy stated Council could attach additional conditions either to the type of PUD submitted or to the types of uses permitted on the property. Mayor Pro Tem Horak stated he would not support the motion and stated he would rather put restrictions on the use. The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt and Janett. Nays: Councilmembers Horak, Kneeland, McCluskey and Winokur. THE MOTION FAILED. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 160, 1993 on First Reading. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. 504 December 7, 1993 ' Councilmember Janett made a motion, seconded by Councilmember Apt, to postpone consideration of Ordinance No. 161, on First Reading until the Planning and Zoning Board makes a recommendation and addresses transportation concerns. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. City Attorney Steve Roy suggested postponing second reading of the annexation ordinance until a recommendation is received.from the Planning and Zoning Board. Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to postpone second reading of Ordinance No. 160, 1993 until Ordinance No. 161, 1993 is considered on First Reading. Ron Carey, General Manager of Poudre Valley REA, stated the REA was only interested in working with the City to facilitate the sale of the property. He believed the zoning process would kill the deal and urged annexation of the property. Mayor Pro Tem Horak stated the City is responsible for land use, not buying and selling property. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers ' Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to the Sale of Real Property Described as Tracts G&H of the Fairbrooke SID, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The real property was acquired by the City in satisfaction of the City's lien for special assessments. A breakdown of the application of the proceeds for the proposed sale is included in the body of this agenda item summary. A. First Reading of Ordinance No. 164, 1993, of the Council of the City of Fort Collins Authorizing the Sale to Christ Fellowship Church of Real Property Described as Tracts G & H of the Fairbrooke Special Improvement District. OR 505 December 7, 1993 B. First Reading of Ordinance No. 165, 1993, of the Council of the City of Fort Collins Authorizing the Sale to Nebarado Construction Inc. of Real Property Described as Tracts G & H of the Fairbrooke Special Improvement District. Under Chapter 22 of the Code, the City is authorized to sell property at the annual tax sale conducted by the Larimer County Treasurer if special assessments levied against the property have not been paid. The property was sold at the 1988 tax sale and a tax certificate of purchase was issued to the City as there were no interested private investors. The property was conveyed to the City through a treasurer's deed. Last May, the City Council adopted Resolution 92-91 establishing policies for the sale of such property. The City offered this property for sale in April and the only bid received was less than appraised value and was rejected. The property has been appraised at $72,000 for a church/day care center and $100,000 for residential use. The two offers represented by these Ordinances are for those amounts and uses. BACKGROUND: Fairbrooke SID #79 was created in 1983 to provide infrastructure improvement for ' a 100 acre single-family residential development. Sale of homes did not occur as anticipated and the developer was not able to make timely payment of assessments on.Tracts A, D, G & H. Tax certificates were issued on those parcels and the City obtained deeds in 1992. The City offered Tracts G & H for sale in April and the only bid received was less than appraised value and was rejected. Offer from Christ Fellowship Church Purchase Price Christ Fellowship Church would like to purchase Tracts G & H of the Fairbrooke SID for $72,000. The property would be developed as a church with a day-care facility included. This is the approved use on the current master plan for Fairbrooke Subdivision. Christ Fellowship Church will, however, be required to develop the land as a planned unit development and follow all planning procedures to secure approval for the development. Contingencies This offer includes four contingencies: 1) the City's completion of the quiet title action and ability to convey marketable title to the purchaser; 2) ordinance approval by City Council of the agreement for sale on or before December 21, 1993; 3) the purchaser securing financing on or before April 15, 1994; and 4) the approval of the sales contract by the church congregation on or before January 15, 1994. 506 December 7, 1993 Offer from Nebarado Construction, Inc. Purchase Price Nebarado Construction, Inc. has offered $100,000 for the purchase of Tracts G & H of Fairbrooke PUD. The property would be developed as patio homes. This use would require an amendment to the master plan for the Fairbrooke Subdivision. Contingencies The sale of Tracts G & H is subject to three contingencies: 1) the City's completion of the quiet title action and ability to convey marketable title to the purchaser; 2) ordinance approval by City Council of the agreement for sale on or before December 21, 1993; and 3) the purchaser securing financing on or before May 1, 1994. Summary of Offers Purchase Price Closing Date Financing Contingency Broker's Fee Christ Fellowship Church $72,000 Earlier of: (1) 30 days after all satisfied; or (2) contingencies March 1, 1995. Yes -to April 15, 1994 None Other Issues Must follow PUD requirements requirements Special Assessment Liens Nebarado Const. $100,000 August 30, 1994 Yes -to May 1, 1994 None Will need amendment to master plan and must follow PUD The following is an itemization of the remaining assessment lien and City costs on Tracts G & H: 507 �I IDecember 7, 1993 Assessment Lien: Tracts G & H Principal $165,060 Interest to 311194 99,472 Total $264,532 Costs: General Taxes 13,734 Title Policy and other 616 Total $ 14,350 Total All Costs: $278.882 In order to evaluate the bid offers, it is important to know what the sales price wi71 provide the City in terms of debt payment. The following chart illustrates the per acre sales price needed to pay all costs or principal and interest only versus the appraised per,acre value of the land. ' Price per Acre To recover all costs: $ 46,480 To recover P & I: 44,087 Per appraisal: 12,000 to $16,000 Christ Fellowship Offer: $ 12,000 Nebarado Offer: 16,000 Options 1. Approve. The Council can adopt either Ordinance. If Ordinance No. 164, 1993, is adopted, no action should be taken on Ordinance No. 165, 1993 and vice versa. 2. Amend. The Council can adopt either of the Ordinances with changes to the agreement as currently written. Staff would then present the revised agreement to the buyer. The buyer would have the opportunity to reject or counteroffer. 3. Reject. The Council can fail to pass or take no action on both of the Ordinances. Staff would then continue to market Tracts G & H." Financial Analyst Susanne Edminster gave a brief presentation on this item and clarified Nebarado has waived its financing contingency. 1 508 December 7, 1993 1 Councilmember Kneeland made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 165, 1993 on First Reading. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to the Sale of Real Property Described as Tract A of the Fairbrooke SID and of Tax Certificates of Purchase for Lots 1 through 25, inclusive, Block 1 and Lots 1 through 16, inclusive. Block 2. Brittany Knolls PUD, First Filing, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The real property and tax certificates were acquired by the City in satisfaction of the City's lien for special assessments. A breakdown of the application of the proceeds for the proposed sales is included in the body of this agenda item summary. First Reading of Ordinance No. 166, 1993, Authorizing the Sale to Colorado I Land Source, Ltd. of Real Property Described as Tract A of the Fairbrooke SID; OR B. First Reading of Ordinance No. 167, 1993, Authorizing the Sale to William L. Neal and Charlotte E. Jorgensen of Real Property Described as Tract A of the Fairbrooke SID; OR C. First Reading of Ordinance No. 168, 1993, Authorizing the Sale to Everitt Investments, Inc. of Real Property Described as Tract A of the Fairbrooke SID D. First Reading of Ordinance No. 169, 1993, Authorizing the Sale to Colorado Land Source, Ltd. of Tax Sale Certificates of Purchase for Lots 1 through 25, inclusive, Block 1 and Lots I through 16, inclusive, Block 2, Brittany Knolls PUD, First Filing; OR E. First Reading of Ordinance No. 170, 1993 Authorizing the Sale to Everitt Investments, Inc. of Tax Sale Certificates of Purchase for Lots 1 through 25, inclusive, Block 1 and Lots 1 through 16, inclusive, Block 2, Brittany Knolls PUD, First Filing. On September 7, 1993 the Council adopted Ordinance No. 102, 1993, which provided for the sale of Tract A of the Fairbrooke SID ("Tract A") to Colorado Land Source, Ltd. with the stipulation that the sales agreement not contain any ' 509 December 7, 1993 contingency based on approval of land use by the Planning and Zoning Board. In response to this new stipulation, Colorado Land Source, Ltd. submitted a new sales agreement which included the purchase of tax certificates held by the City on forty-one lots in the Brittany Kno11s PUD. The Ordinance authorizing the sale of Tract A and the tax certificates on Brittany Knolls PUD was considered by the Council on October 5, 1993. The Council took no action on the offer at that time. A revised offer has been submitted by Colorado Land Source, Ltd. which increases the offer on the tax certificates from $168,000 to $201,500. The City has also received two more purchase offers on Tract A from William Neal and Charlotte Jorgensen and from Everitt Investments, Inc. ("Everitt"). Everitt also wishes to purchase the Brittany Knolls tax certificates. The Council must decide which, if any, of the offers to accept. BACKGROUND: Fairbrooke SID #79 was created in 1983 to provide infrastructure improvement for a 100 acre single-family residential development. Sale of homes did not occur as anticipated and the developer was not able to make timely payment of assessments on Tracts A, D, G & H. Tax certificates were issued on those parcels and the City obtained deeds in 1992. The City offered Tract A for sale in April ' and the only bid received was less than appraised value and was rejected. The tax certificates are for special assessments due for the Provincetowne/Portner SID #81 and South Lemay SID #86. They are held on forty- one platted single-family residential lots owned by DCB Investments of Dallas, Texas. The City approached the owner this year in an attempt to negotiate a deed in lieu of foreclosure. Difficulties in communication have been complicated by the fact that a bank in Texas also holds a lien on the property. A deed in lieu of foreclosure can only be obtained if all junior Iienholders agree to the transaction. Negotiations with the owner and the lienholder are at an impasse and the only routes available for the City to obtain title to the property are through a treasurer's deed application or judicial foreclosure. Once tax certificates have been held for three years, the owner can apply for a deed to the property from the county treasurer. This process can take as long as nine months. Once the deed is issued, a quiet title action must be commenced which adds another year to the process before marketable title is obtained. As a governmental entity, the City can also use a judicial process to foreclose the lien and obtain a deed to the property. This takes less time but requires more participation by the City in conducting the legal action. 1 510 December 7, 1993 ' Tract A Offers Colorado Land Source, Ltd. Purchase Price Colorado Land Source, Ltd. would like to purchase Tract A of Fairbrooke PUD for $300,000. Tract A would be developed as single-family detached residential homes with a density of not less than four (4) units per acre. Contingencies The sale of Tract A is subject to three contingencies: 1) the City's completion of the quiet title action and ability to convey marketable title to the purchaser; 2) the approval by City Council of the agreement for sale on or before December 21, 1993; and 3) the purchaser securing a first purchase money mortgage loan for Tract A within 180 days after Council approves the agreement for sale. The City is also required to pay a real estate commission of $15,000 at the time of closing. Offer from William L. Neal and Charlotte Jorgensen Purchase Price Neal and Jorgensen have offered $330,000 for the purchase of Tract A of Fairbrooke PUD. Tract A would be developed as single-family detached residential ' homes. Contingencies The sale of Tract A is subject to two contingencies: 1) the City's completion of the quiet title action and ability to convey marketable title to the purchaser; and 2) the approval by City Council of the agreement for sale on or before December 21, 1993. Offer from Everitt Investments, Inc. Purchase Price Everitt has offered $316,000 for the purchase of Tract A of Fairbrooke PUD. Tract A would be developed as single-family detached residential homes. Contingencies The sale of Tract A is subject to two contingencies: 1) the City's completion of the quiet title action and ability to convey marketable title to the purchaser; and 2) the approval by City Council of the agreement for sale on or before December 21, 1993. 511 December 7, 1993 Summary of Offers on Tract A Colo. Land Neal et al. Everitt Purchase Price $300,000 $330,000 $316,000 Closing Date 30 days On or before 30 days after after quiet Aug 30, 1994 quiet title title action action completed completed (@7/1/94) (@7/1/94) Financing Yes 180 None None Contingency days after 2nd reading Broker's Fee $15,000 None None Tax Certificate Offers Colorado Land Source. Ltd. ' Purchase Price Colorado Land Source, Ltd. would like to purchase the tax certificates on Brittany Knolls PUD for $201,500. The land represented by the certificates is currently platted as 41 single-family residential lots. Contingencies The purchase of the tax certificates is subject only to the contingency that City Council approves the agreement for sale on or before December 21, 1993. Offer from Everitt Investments. Inc. Purchase Price Everitt has offered $185,000 for the purchase of the tax certificates on Brittany Kno11s PUD. Contingencies The purchase of the tax certificates is subject only to the contingency that City Council approves the agreement for sale on or before December 21, 1993. 512 December 7, 1993 ' Summary of Offers on Brittany Knolls Tax Certificates Colo. Land Everitt Purchase Price $201,500 $185,000 Closing Date Dec. 31, 1993 Dec. 31, 1993 Financing None None Contingency Broker's Fee None None Special Assessment Liens The following is an itemization of the remaining assessment lien and City costs on Tract A and the DCB Lots: Assessment Lien: Tract A Tax Certificate Property Principal $296,284 $176,256 ' Interest to closing 185,123, 127,524 Total $481,407 $303,780 Costs: General Taxes 35,582 10,194 Title Policy and other 1,825 4.737 Total $ 37,407 $ 14,931 Total A71 Costs: $518.814 318 711 In order to evaluate the bid offers, it is important to know what the sales price will provide the City in terms of debt payment. The following chart illustrates the per acre sales price needed to pay all costs or principal and interest only versus the appraised per acre value of the land. Price per Acre Tract A Tax Certificate Property To recover all costs: $ 27,893 $ 30,353 To recover P & I: 25,882 28,931 Per appraisal: 16,129 16,000 513 December 7, 1993 Colorado Land Offer: $ 15,322 19,190 Neal Offer: 17,742 N/A Everitt Offer: 16,989 17,619 Options 1. Approve. The Council can adopt any one but not all of the Ordinances for the sale of Tract A and the sale of the tax certificates. 2. Amend The Council can adopt any of the Ordinances with changes to the agreement as currently written. Staff would then present the revised agreement(s) to the buyer(s). The buyer(s) would have the opportunity to reject or counteroffer. 3. Reject The Council can fail to pass or take no action on any or all of the Ordinances. Staff would then continue to market Tract A and would begin foreclosure on the tax certificates for the Brittany Knolls Property. Recommendation The Council Finance Committee recommends that Council adopt one of the ordinances for the sale of Tract A and one of the ordinances for the sale of the tax ' certificates." Financial Analyst Susanne Edminster gave a brief presentation on this item and outlined offers. Councilmember Winokur made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 167, 1993 on First Reading. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 169, 1993 on First Reading. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. 1 514 December 7, 1993 Ordinance No. 171, 1993, ' Amending Section 2-581 of the Code of the City of Fort Collins and Fixing the Compensation of the City Attorney, Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY City Council met in Executive Session to conduct the performance appraisal of City Attorney, Steve Roy. This Ordinance establishes the 1994 salary of the City Attorney. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive, and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Attorney meet once a year to discuss last year's performance and set goals for the coming year. In 1993, the Total Compensation paid to the City Attorney included the following: SALARY AND BENEFIT Base salary: ANNUAL $77,175.00 , Medical Insurance: 4,632.00 Life Insurance: 185.22 Long Term Disability: 578.81 Dental Reimbursement: 120.00 Pension: ICMA 401(a) & ICMA 457 10,032.75 FICA 4,690.24 Non -Monetary Benefits Vacation: (20 days per year) Holidays: (11 days per year) Total Monetary Compensation = $97,414.02" Employee Development Director Jaime Mares supplied Council with copies of handouts illustrating the amounts of various percentage increases. Councilmember Apt made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 171, 1993 on First Reading increasing the total compensation for the City Attorney by 4%. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. ' 515 ' December 7, 1993 Ordinance No. 172, 1993, Amending Section 2-606 of the Code of the City of Fort Collins and Fixing the Compensation of the Municipal Judge, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY City Council met in Executive Session to conduct the performance appraisal of Municipal Judge, Kathleen M. Allin. This Ordinance establishes the 1994 salary of the Municipal Judge. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive, and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the Municipal Judge meet once a year to discuss last year's performance and set goals for the coming year. In 1993, the Total Compensation paid to the Municipal Judge included the ' following: SALARY AND BENEFIT ANNUAL Base salary: $57,000.00 Medical Insurance: 4,632.00 Life Insurance: 136.80 Long Term Disability: 427.50 Dental Reimbursement: 120.00 Pension: ICMA 401(a) & ICMA 457 7,410.00 FICA 4,397.70 Non -Monetary Benefits Vacation: (20 days per year) Holidays: (11 days per year) Total Monetary Compensation $74,124.00" 1 516 December 7, 1993 ' Councilmember Apt made a motion, seconded by Councilmember Janett, to adopt Ordinance No. 172, 1993 on First Reading and increasing the total compensation for the Municipal Judge by 3.2%. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to Fixing the Compensation for the City Manager. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. First Reading of Ordinance No. 173, 1993, Amending Section 2-596 of the Code of the City of Fort Collins and Fixing the Compensation of the City Manager. OR B. Resolution 93-193 Postponing Consideration of the Council's Review of the City Manager's Compensation. City Council met in Executive Session to conduct the performance appraisal of the ' City Manager, Steve Burkett. The Ordinance (Item A) would establish the 1994 salary for the City Manager. Item B would postpone such action until after the City Council has reviewed the performance goals established for the City Manager on or after March 1, 1994. BACKGROUND: City Council is committed to compensating employees in a manner which is fair, competitive, and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Manager meet once a year to discuss last year's performance and set goals for the coming year. In 1993, the Total Compensation paid to the City Manager included the following: SALARY AND BENEFIT ANNUAL Base salary: $88,000.00 Medical Insurance: 4,632.00 Life Insurance: 211.20 Long Term Disability: 660.00 Dental Reimbursement: 120.00 517 December 7, 1993 Pension: ICMA 401(a) & ICMA 457 11,440.00 FICA 4,847.20 Non -Monetary Benefits Vacation: (20 days per year) Holidays: (11 days per year) Total Monetary Compensation $109,910.40" Councilmember Kneeland made a motion, seconded by Councilmember McCluskey to adopt Ordinance No. 173, 1993 on First Reading inserting a 3.2% total compensation increase. City Manager Steve Burkett clarified for Council that the draft action plan would be a part of either the ordinance or the resolution. Councilmember Apt opposed the motion, stating he would like to see part of the increase given at the present time with the balance to be given after completion of the draft action plan. City Attorney Steve Roy clarified that Council could make a retroactive compensation adjustment. Councilmember McCluskey supported adopting the increase and spoke of the need to work on the Action Plan. Councilmember Kneeland spoke in support of the increase and spoke of the diverse challenges of the City Manager's position. She commented that several items that are listed on the Council's Work Plan are being addressed and commented that progress is being made. Councilmember Janett noted there has been a lot of communication regarding work plan items, and stated the most important part of the Action Plan is the implementation. She suggested a retroactive increase to begin in March or a partial raise at this time. Mayor Pro Tem Horak stated he supported the motion and spoke of the need for leadership in the areas of transportation, air quality and land use. He commended the City Manager for his performance. Councilmember Winokur spoke in support of the motion and stated he wants to assist the City Manager and staff in successfully meeting and exceeding Council and the community's expectations. Councilmember Janett stated she was ready to cooperate in any way needed to make it a productive 3 months. 518 December 7, 1993 1 Councilmember Apt stated although progress has been made in many areas there is a long way to go and stated he has a lot of faith and confidence in staff. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Horak, Kneeland, McCluskey and Winokur. Nays: Councilmembers Apt and Janett. THE MOTION CARRIED. Resolution 93-187 Creating a Council/Staff Task Force to Review the City's Organizational Structure in Relation to the Attainment of the 1993-1995 Council Policy Agenda, Postponed to 12/21. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The City Council has expressed an interest in reviewing the organizational structure of the City. The purpose of this review is to ensure that the City's resources are organized in a way that best maintains quality service delivery and ' supports the implementation of the City Council policy agenda. These issues were recently discussed at a joint meeting of the City Council and the Executive Lead Team. Council expressed concerns about the timing of some of the policy agenda items coming back to the Council for action and wanted to ensure that the organizational structure was promoting an integrated review and response to policy agenda items. Staff requested help in this regard and suggested staff work with Council to prioritize the policy agenda. As a result of the joint work session, there was agreement that a Council committee would be appointed to work with the staff to both review the organizational structure and help address the question of prioritizing the Council policy agenda. Council asked that the organizational review be completed no later than March 1, 1994." Councilmember Janett stated she was originally appointed to serve on the committee and requested Council appointed someone else to serve as she did not have time to serve. Councilmember Winokur made a motion, seconded by Councilmember Apt, to postpone consideration of Resolution 93-187 to December 21. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. 519 1 December 7, 1993 Other Business Councilmember Janett made a motion, seconded by Councilmember Apt, to bring back an ordinance at the January 18 meeting to impose a waiting period for the demolition of historical buildings. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Mayor Pro Tem Horak requested recommendations regarding historical structures from the Landmark Preservation Commission prior to the January 18 meeting. Councilmember Janett stated the Affordable Housing Board is requesting clarification regarding the review of the role of the Housing Authority, which is an item on its work plan. She asked Council to have any questions to her before the next Affordable Housing Board Meeting. Councilmember Apt requested information regarding the strategy for electric usage increases. Councilmember Winokur asked if Council wanted him, as representative to the Platte River Power Authority Board, to pursue the City's policy regarding PRPA's ' Chamber membership. Councilmember McCluskey requested more information regarding memberships historically held by PRPA. Councilmember Apt stated he felt the policy should be consistent. Councilmember Apt made a motion, seconded by Councilmember Kneeland, to adjourn to 6:30 p.m. on December 14. Yeas: Councilmembers Apt, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None. THE MOTION CARRIED. Adjournment The meeting adjourned at 12:45 a.m. City Clerk 520