HomeMy WebLinkAboutMINUTES-06/21/1994-RegularJune 21, 1994
' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting 6:40 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday,
June 21, 1994, at 6:40 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, McCluskey, and Smith. Councilmembers absent: Azari and Kneeland.
Staff Members Present: Burkett, Davis and Roy.
Citizen Participation
Yolanda C. Nicely, 300 Harmony Road, stated that the park located on Boardwalk
had a set of swings removed for repair and have not been replaced. She believed
the swings need to be restored or have the post removed.
Jane Folson, representative of the DBA Board, stated that downtown activities
have increased during the summer months and stated the need for more police
presence. She asked if a regular police beat could be acquired for the downtown
area for the remaining summer months.
Al Baccili, 520 Galaxy Court, asked why the Platte River Power Authority pays
dues to the Chamber of Commerce. He stated it was inappropriate to spend City
dollars for dues to the Chamber of Commerce.
Jeff Bridges, 725 Mathews, stated he prepared and distributed an alternative
proposal regarding the Community Decision Making Process Project and has not been
contacted for additional information on that proposal. He stated the Community
would like to participate in such projects. He stated feedback is necessary and
urged Council to review the proposal.
Citizen Participation Follow-up
Councilmember Janett stated there are consultants working with the City to
develop the Community Decision Making Process work plan. She stated the issue
of the Platte River Power Authority paying dues to the Chamber is a budget issue
that the PRPA Board handles. She stated the City is just one part of the Board
and does not have a majority of the vote to defeat the payment of dues to the
Chamber.
Councilmember Horak stated the PRPA Board consists of 8 members, 6 of which voted
for paying dues to the Chamber. He stated Platte River Power Authority
contributes to all the Chambers in the four cities. He asked if the Boardwalk
Park swings issue could be addressed immediately. He asked for additional
' information on the police needs of the downtown area.
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June 21, 1994
City Manager Burkett stated he would have the park staff address the Boardwalk
Park swing issue immediately and would discuss with the DBA the police needs of
downtown and respond to Council with a report on those needs.
Councilmember Apt asked about the cost of Jeff Bridges' proposal using the
Utility Billing Response System.
Councilmember Smith stated a cost estimate for that proposal could be determined
by looking at the Bicycle Plan Project which used the Utility Billing Response
System.
Agenda Review
City Manager Burkett stated that for Item #10, Second Reading of Ordinance No.
88, 1994, Amending Chapter 26 of the Code of the City of Fort Collins Pertaining
to the Imposition of Fees and Charges for the City's Water Services to Colorado
State University and for the City's Wastewater Services to Colorado State
University and Other Large Users Having No Negotiated Agreement for such
Services, the Ordinance has a minor change in Section 4 under the rate column and
should read 11.39 per 1000 gallons of winter quarter water use". He stated the
property owners involved with Item #30, Items Relating to the Robert Shields
Annexation and Zoning, A. Second Reading of Ordinance No. 92, 1994, Annexing
Approximately 18.4 Acres, Known as the Robert Shields Annexation and B. Second
Reading of Ordinance No. 93, 1994, Zoning Approximately 18.4 Acres, Known as the
Robert Shields Annexation, Into the R-L-P, Low Density Planned Residential,
District with a PUD Condition; and Item #32, Items Relating to the Wild West
Annexation and Zoning, A. Public Hearing and Resolution 94-104 Setting Forth
Findings of Fact and Determinations Regarding the Wild West Annexation, B.
Hearing and First Reading of Ordinance No. 104, 1994, Annexing Property Known as
the Wild West Annexation, and C. Hearing and First Reading of Ordinance No. 105,
Amending the Zoning District Map Contained in Chapter 29 of the Code and
Classifying for Zoning Purposes the Property Included in the Wild West Annexation
to the City of Fort Collins, request to postpone these annexations to the July
19, 1994, Council meeting.
***CONSENT CALENDAR***
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar by the Public will be considered separately under Agenda Item
#25, Public Pulled Consent Items.
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7.
This Ordinance, which was unanimously adopted on First Reading on June 7,
authorizes the long term lease of property to Gracon Leasing Company for
the construction of a flight training facility. Gracon Leasing Company
will construct a building and an aircraft parking ramp on the lots. The
building, which will be at least 12,000 square feet, will house offices,
and include an aircraft maintenance hangar area. At the expiration of the
lease, the improvements revert to the ownership of the Cities.
The construction of the commercial hangar will generate new revenue for
the Airport and help meet the flight training needs of the local
community.
Fy
On May loth, 1994, the City Council heard the appeal of the Arapahoe Farm
' Townhomes P.U.D. The Council upheld the Planning and Zoning Board's March
28, 1994 approval of the project. The Arapahoe Farm Townhomes project
does not utilize the extension of Hilburn Drive that was originally
provided with the development of the Regency Park P.U.D. Therefore, the
City has requested that the developer remove the street stub and vacate
the right-of-way so that the unusable dead end public street created by
the Arapahoe Farm Townhomes P.U.D. development does not become a
maintenance burden to the City nor to the general public.
Although the right-of-way vacation eliminates the potential vehicular
connection between the Arapahoe Farm Townhomes and the existing Regency
Park P.U.D., the developer has agreed to construct a sidewalk to provide
a pedestrian and bicycle connection between the two developments.
Therefore, the City will retain a portion of the right-of-way for a
pedestrian and bicycle access easement. In addition, the City has
requested that a portion of the right-of-way be retained for a utility
easement to accommodate the existing water line in Hilburn Drive. Staff
recommends postponing this item until July 5, 1994, due to pending
negotiations between the developers and the adjacent homeowners regarding
grading and landscaping concerns.
Second Reading of Ordinance No. 87, 1994, Amending Section 28-17 of the
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This Ordinance, which was unanimously adopted on First Reading on June 7,
provides greater clarification for enforcement purposes in the existing
Section 21-5 of the Model Traffic Code, as adopted in the City Code,
relating to skates, skateboards, in -line skates and other similar devices.
These revisions to this Section specifically add skateboards, coasters and
in -line skates to the list of devices currently covered by Section 21-5.
They also clarify the language of the Section pertaining to the posting of
traffic control devices to prohibit the use of such devices in certain
public areas. In addition, these revisions state that persons riding on
roller skates, skateboards, in -line skates, coasters or similar devices in
designated areas, such as sidewalks, trails, public plaza areas or other
public ways, must yield the right-of-way to pedestrians.
On June 15, 1993, the City Council adopted Resolution 93-87 authorizing
the City Manager to notify the Colorado State Board of Agriculture of the
City's intent to terminate the 1974 service agreement, effective June 30,
1994. The 1974 Agreement set forth the terms and rates pursuant to which
the City agreed to provide Colorado State University (CSU) with water and '
sewer services. Rate adjustments required an amendment to the agreement
and were effective July 1st of each year, to accommodate CSU's budget
cycle.
This Ordinance, which was unanimously adopted on First Reading on June 7,
modifies Sections 26-127, 26-278, 26-279, 26-281, and 26-284 of the City
Code to accommodate CSU as a "normal" customer of the Water and Wastewater
Utility, but with unique monthly service charges. The rate adjustment
reflected in this Ordinance is consistent with the rate increase (0% for
water and 6% for wastewater) that went into effect for other customers on
January 1, 1994. Future rate and cost of service adjustments will be
implemented along with adjustments for other customer classes, effective
the first of the year.
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June 21, 1994
Weeds are not only considered a nuisance by many residents of Fort
Collins, but some weeds are also considered serious threats to the
integrity of natural areas and agricultural lands. The Code of the City
of Fort Collins regulates type and height of weeds and grasses permitted
within the City limits. Over the last few years, City staff and the
public have recognized that the Code needs to be revised to reflect
current community and natural areas needs.
Two interdepartmental teams, the Ditch Task Force and the Open
Space/Natural Areas (OSNA) Management Team, saw a need to change existing
City Code regarding weeds, brush, and rubbish, particularly to (1) allow
grasses to grow to full mature seedhead height along ditches and in other
natural areas to increase wildlife value of these sites and enhance the
natural seeding process to reduce bare spots and, thus, reduce undesirable
weed establishment; (2) add to the banned weed list, other non-native
plant species that are threatening natural areas; and (3) remove from the
weed list, desirable native plant species. An interdepartmental subgroup
of each of these teams, along with the Larimer County Weed Supervisor,
formed the "Weed Code Team" in November 1993 to review existing code and
to recommend changes to City Council.
This Ordinance, which was unanimously adopted on First Reading on June 7,
' amends Chapter 20, Article III, of the Code of the City regarding weeds,
brush, and rubbish, and Article I regarding stagnant water. The Ordinance
addresses (1) addition of some non-native plant species to the banned weed
list; (2) deletion of all native species from the banned weed list; (3)
variances to allow grass to grow to full height on certified natural areas
and certified xeriscapes; (4) removal of Sec. 20-1: "Stagnant water
declared a nuisance"; and (5) minor editorial changes of various sections
for clarity, consistency with other sections, or revisions to names of
plant species to be compatible with the most recent publication of Weeds
of the West, which is the most widely used reference on weeds.
A change has been made in Section 20-44 to delete the language regarding
"removal" of weeds and grasses and, in its place to provide for the
"cutting or eradication" of the weeds and grasses. Typically, cutting
will suffice, but in the case of noxious weeds, eradication would be
necessary.
12.
This Ordinance, which was unanimously adopted on First Reading on June 7,
amends the Land Development Guidance System and Subdivision Regulations to
add two weeks to the current "7-week" review process schedule, for a total
of "9-weeks", for processing of planned unit developments, subdivision
plats and other development matters that appear before the Planning and
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June 21, 1994
Zoning Board. The new processing schedule maintains the current schedule
of Planning and Zoning Board meetings, which generally occur on the 4th
Monday of each month. The sequence of the stages of the review process
will also not change. The major change will be that the date of submittal
of a development application will be moved back two weeks. For example,
the new submittal date for the October meeting of the Planning and Zoning
Board will be on August 22 rather than on September 6 as the current
schedule indicates.
This Ordinance, which was unanimously adopted on First Reading on June 7,
authorizes the transfer of $200,000 to the Capital Projects Fund for
additional appropriations in the Shields Street, Laurel to Prospect
Choices 95 Capital Project. The additional appropriation is needed
because the construction bids for the project exceed the budget estimates.
The transfer of funds (recommended funding source) will come from existing
appropriations in the Street Oversizing Fund.
Activities.
On March 5, 1991, the City Council adopted the Harmony Corridor Plan as an
element of the Comprehensive Plan of the City. This Plan constitutes a
public statement of the City's policies with regard to the future
development of the Harmony Corridor area in terms of land use and urban
design. The Land Development Guidance System (LDGS) is the principal tool
that is used to evaluate development proposals in the Harmony Road
corridor. The need for the following amendments became apparent since
adoption of the Plan in 1991.
The recommended amendments are as follows: Section 1 clarifies that
future community/regional shopping centers along Harmony Road should be
located at the intersection of two arterial streets; Section 2 clarifies
the right of the City to establish locational and land use standards for
the purposes of implementing and interpreting the provisions of the LDGS;
Section 3 establishes policies LU-4 and LU-5 of the Harmony Corridor Plan
as mandatory locational standards in the Harmony Corridor; and, Section 4
eliminates the potential inconsistency in the LDGS with LU-5 as amended.
On June 6, 1994, the Planning and Zoning Board recommended that adoption
of the amendments be tabled for a sixty day period during which additional
citizen input would be received.
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June 21, 1994
On June 7, 1994, the City Council approved Ordinance No. 96, 1994 on First
Reading. Two minor changes have been made by City staff to section 3 of
the Ordinance; first, clarifying that the locational standards shall be
applied to properties approved under the LDGS, and secondly, providing
more specific definition of "retail and commercial" land uses. These
changes were mentioned during the staff presentation on June 7.
The Community Development Block Grant Program provides federal funds from
the Department of Housing and Urban Development (HUD) to the City of Fort
Collins which an be allocated to housing and community development related
programs and projects, thereby, reducing the demand on the City's General
Fund Budget to address such needs. Ordinance No. 97, 1994, was
unanimously adopted on First Reading on June 7, 1994.
The owners of the property, Brian A. and Catherine Cole Janonis, are
initiating this request for Local Landmark Designation for 1316 West Oak
Street known as the Jasper Loomis House. A public hearing was held by the
Commission on June 14, 1994, at which time the Commission voted to
recommend designation of this property.
The Landmark Preservation Commission and City Staff are pleased to
recommend the building at 1316 West Oak Street as a local landmark, for
its architectural importance.
The Colorado Division of Minerals and Geology contacted staff in February,
offering to reclaim several inactive mine sites on Meadow Springs Ranch,
subject to granting of a Consent for Right of Entry. Based on joint site
review, three mine sites have been identified as candidates for
reclamation. Two of the sites each contain two separate adits or pits.
Each of the three sites has been evaluated by the Colorado Division of
Wildlife for the presence of bat colonies (none were found). Had bat
colonies been located, the sites would have been sealed with grating
rather than simple burial. Completion of these projects will remove a
potential hazard associated with any future public access at the Ranch.
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June 21, 1994 i
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18. Items Relating to FAUS and STP Funding for the Hickory and Redwood Bicycle
Path Connections.
A. Resolution 94-97 Authorizing the Mayor to Execute an
Intergovernmental Agreement within the Colorado Department of
Transportation Allocating $325,100 of the City of Fort Collins
Federal -Aid Urban Systems (FAUS) Funds and Surface Transportation
(STP) Funds to Construct the Hickory and Redwood Bicycle Path
Connections.
B. First Reading of Ordinance No. 101, 1994, Appropriating
Unanticipated Revenue in the Transportation Division Portion of the
Transportation Fund.
On April 20, 1993, the City Council authorized staff to enter into an
agreement with the Colorado Department of Transportation (CDOT) to
construct various bicycle connections in north Fort Collins. These
connections include:
Redwood/Linden Bikeway Connection: This construction will
build the bikeway portion of the roadway along Redwood Street,
prior to the roadway being constructed, from Conifer to Linden
and Vine Streets to provide a bicycle connection from I
northeast Fort Collins to the downtown area. This project has
been endorsed by the Transportation Board and approved by the
City Council through the NEATS Study.
Hickory Street to the Poudre River Trail Connection:. This
construction will build a bikepath from Hickory Street to the
Poudre River Trail which will create an alternative connection
from northeast Fort Collins to the downtown area. This
project has been endorsed by the Transportation Board and
approved by the City Council in the 1993 budget process.
19. Items Relating to the US 287/Colorado 14 Corridor Project.
A. Resolution 94-98 Modifying the Scope of Service for the
Transportation Corridor Project on US 287/Colorado 14.
First Reading of Ordinance No. 102, 1994, Appropriating Prior Year
Reserves in the Transportation Division Portion of the
Transportation Fund.
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June 21, 1994
City Council approved the US 287/Colorado 14 Corridor project on July 20,
1993. At that time, the Scope of Work for this project included an access
control plan, corridor study, a landscaping plan and a historic building
analysis in the old town area. Staff has begun work on this project with
the URS Consulting firm and has created a citizen's focus group to work on
this project.
The Federal Aviation Administration Airport Improvement Program monies are
approved on an annual basis, by the House and the Senate. This approval
process usually takes place shortly after the Federal fiscal year begins
(October).
This year, the legislation has been delayed because the bill contained
major points of disagreement between the House and Senate. In May, the
House, Senate and President approved short term Airport Improvement
Program Legislation (5.2024), providing funding through June 30. This
legislation is a temporary funding measure implemented while a multi year
funding bill is pending in the Senate.
Now that funds are available, the local FAA Airport District Offices will
make grant offers to airports which have applied for AIP(Airport
Improvement Program) project funding. The grants from the Denver Airport
District Office will be ready for sponsor action on June 20. Because the
funding legislation expires on June 30 the grant(s), if approved, must be
back to the Denver Airport District Office by June 23. Copies of the
grant agreements will be available in the City Clerk's Office on June 20,
1994.
On June 2, 1987, the City Council adopted Resolution 87-79 concerning the
indemnification of City officials and,employees against certain damages.
Resolution 87-79 currently provides, in addition to requiring the City to
defend and indemnify City officials and employees against certain civil
claims, that the City will also, under certain conditions, reimburse City
officials and employees for the attorneys' fees they have incurred in
defense of any claim of criminal misconduct. Experience has shown that
with respect to reimbursement for these types of attorneys' fees,
Resolution 87-79 needs to be amended to provide that such payment shall
only be for "reasonable" attorneys' fees, meaning those attorneys' fees of
the City official or employee which were reasonably incurred by the
official or employee and that were reasonable in amount.
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June 21, 1994
Resolution 87-79 also currently provides that one of the conditions
precedent to the City paying a City official's or employee's attorneys'
fees incurred in defense of a claim of criminal misconduct requires that
the City Manager determine that the official or employee has not acted in
a willful and wanton fashion. Resolution 87-79 fails to provide an
alternative City official to make this determination when it is the City
Manager who is making the request for reimbursement of attorneys' fees.
Therefore, it is recommended that Resolution 87-79 be amended to provide
that if it is the City Manager requesting reimbursement for his or her
attorneys' fees incurred in defense of any claim of criminal misconduct,
that the determination of whether the City Manager acted in a willful and
wanton manner be made by special legal counsel appointed for the City
rather than by the City Manager.
22. Resolution 94-102 Making Appointments to Various Boards and Commissions.
23.
Vacancies currently exist, or shortly will exist, on various boards and
commissions due to resignations from board members and the expiration of
terms of members of boards and commissions.
Applications were solicited during March and April. Council received
copies of the applications and Council teams interviewed applicants during
May and June. '
Names of those individuals recommended for appointment by each Council
interview team have been inserted in the Resolution.
A vacancy will shortly exist on the Urban Growth Area Review Board due to
the expiration of Lloyd Walker's term. Applications were solicited in
March and April, and Councilmembers Janett and McCluskey conducted
interviews on June 13. The interview team is recommending Lloyd Walker be
reappointed for another term to expire July 1, 1988.
24. Routine Deeds and Easements.
Powerline Easement from Raymond J. and Caroline L. Boyd, 608 Brown,
needed to install new streetlight electric service. Monetary
consideration: $10.
Items on Second Reading were read by title by Deputy City Clerk Molly Davis.
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and Rubbish.
Developments and Subdivisions.
June 21, 1994
' 14. Second Reading of Ordinance No. 96, 1994, Amending Section 29-526(D)(2)
Activity "C" and Section 29-526(E)(5) of the City Code and Amending the
Harmony Corridor Plan, with Regard to Location of Certain Retail
Activities.
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Items Relating to the Strachan Farm Annexation and Zoning,
A. Second Reading of Ordinance No. 94, 1994, Annexing Approximately
17.9 Acres, Known as the Strachan Farm Annexation.
B. Second Reading of Ordinance No. 95, 1994, Zoning Approximately 17.9
Acres, Known as the Strachan Farm Annexation, Into the R-L-P, Low
Density Planned Residential, District with a PUD Condition.
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Items on First Reading were read by title by Deputy City Clerk Molly Davis.
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B. First Reading of Ordinance No. 101, 1994, Appropriating
Unanticipated Revenue in the Transportation Division Portion of the
Transportation Fund.
Items Relating to the US 287/Colorado 14 Corridor Project.
B. First Reading of Ordinance No. 102, 1994, Appropriating Prior Year
Reserves in the Transportation Division Portion of the
Transportation Fund.
Items Relating to the Wild West Annexation and Zoning.
A. Public Hearing and Resolution 94-104 Setting Forth Findings of Fact
and Determinations Regarding the Wild West Annexation.
B. Hearing and First Reading of Ordinance No. 104, 1994, Annexing
Property Known as the Wild West Annexation.
C. Hearing and First Reading of Ordinance No. 105, 1994, Amending the
Zoning District Map Contained in Chapter 29 of the Code and
Classifying for Zoning Purposes the Property Included in the Wild
West Annexation to the City of Fort Collins.
Items Relating to the Harmony Farm Annexation and Zoning.
A. Public Hearing and Resolution 94-105 Setting Forth Findings of Fact
and Determinations Regarding the Harmony Farm Annexation.
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B. Hearing and First Reading of Ordinance No. 106, 1994, Annexing
Property Known as the Harmony Farm Annexation.
C. Hearing and First Reading of Ordinance No. 107, 1994, Amending the
Zoning District Map Contained in Chapter 29 of the Code and
Classifying for Zoning Purposes the Property Included in the Harmony
Farm Annexation to the City of Fort Collins.
Councilmember Smith made a motion, seconded by Councilmember Janett, to adopt and
approve all items not removed from the Consent Calendar. The vote on
Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Horak,
Janett, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Smith noted that Council approved on Consent the filling of 55
vacancies on 25 Boards and Commissions and thanked the 172 individuals who
applied.
Councilmember Apt stated there are vacancies on the Air Quality Board and
applications are being accepted.
Councilmember Janett stated that a presentation was given at the Water Board
meeting regarding a 20 year Master Water Treatment Plan that the City is
reviewing. She stated one area that is being researched is making maximum use
of the city's water supplies. She stated there may be opportunities for regional
cooperation on the plans that are being developed.
Councilmember Horak stated the Finance Committee received a management letter
from the audit firm and was complimentary overall on how the City of Fort Collins
is run. He stated that action is being taken on the North College and Redwood
bike paths to make it easier for citizens to move from the north part of town
into the core of the city. He complimented Councilmembers Janett and Smith on
the scope of the study on US287/Colorado 14 Corridor traffic alternatives.
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Ordinance No. 98, 1994
Appropriating Funds from Prior Year Reserves and
Authorizing the Transfer of Appropriated Amounts Between
Funds for the Purpose of Providing Funding to Construct
Streetscape Improvements to Linden and Walnut Streets
within the Downtown General Improvement
District #1. Adopted on Second Reading
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
This Ordinance appropriates $300,000 from prior year reserves in the Sales and
Use Tax Fund for transfer to the General Improvement #1 Fund to be used for the
Linden streetscape improvements. The appropriation of $300,000 is from the Use
Tax Carryover Reserve. The available balance following the appropriation is
estimated at $553,000 following this appropriation.
EXECUTIVE SUMMARY
On June 7, 1994, City Council, Ex-Officio the Board of Directors of the General
Improvement District #1 (the "GID") unanimously adopted on First Reading
Ordinance No. 35 appropriating prior year reserves in the GID to be used to fund ,
Streetscape Improvements along Linden Street, between Walnut and Jefferson
Streets, at an estimated cost of $623,245. Accordingly, on the same day, City
Council unanimously adopted Ordinance No. 98, 1994 on First Reading,
appropriating $300,000 in additional funds to be used for streetscape improve-
ments on Linden Street.
Several options were considered as potential sources of revenue for the Linden
Streetscape Improvements. Staff recommends an appropriation of $300,000 from
prior year reserves in the Sales and Use Tax Fund. Other potential funding
sources are provided in the background section.
City Council asked staff to provide additional information on s outlined in
detail in the Stormwater Issues section, staff is not recommending that
stormsewer improvements be installed at this time along Linden Street. Stormsewer
improvements proposed for Linden Street in the old Town Master Plan.
BACKGROUND:
Financial Issues
Staff considered several potential funding sources for the $300,000 in City funds
needed for the Linden Streetscape Improvements.
General Fund Undesignated Reserves - approximately $1.8 million
available. '
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2. Sales and Use Tax Fund, Use Tax Carryover Reserve - (established in
1993 for one-time expenditures) $853,000 available.
3. Sales and Use Tax Fund Capital Projects Reserve/Recycling
Contingency - (established in 1986) $50,000 available.
4. Street Oversizing Fund Reserves/General Fund Contribution. The
ending 1993 fund balance exceeded $5 million.
Staff is recommending the use of $300,000 from the Sales and Use Tax Fund Use Tax
Carryover Reserve. The Use Tax Carryover Reserve was established at the end of
1993 and is to be used for one-time expenditures as approved by Council. Staff
believes using this reserve for the Linden project fits well given the purpose
for which the reserve was established.
Staff believes that the $50,000 recycling contingency is not a viable source
pending the potential use of these funds for their intended purpose at a later
date.
Staff also looked at advances from the Street Oversizing Fund or the General Fund
with the idea that the GID could repay the advance back over time. This option
was not recommended for the following reasons. First, the GID would take many
years to repay the advance, causing delays to other projects in the GID Capital
Improvement Plan adopted by Council (SEE Attachment 1, Revised Priority List).
Staff heard from Council that there is a need and expectation to build GID
' improvements as close to the approved time table as possible. Repaying all or
a portion of the money may postpone the LaPorte/College Avenue intersection
improvements and may jeopardize $35,000 in ISTEA matching funds.
Staff also reviewed other sources associated with past and present capital
improvements plans funded primarily through dedicated sales and use taxes. In
fact, the initial recommendation that passed on first reading of Ordinance No.
98, included the use of unappropriated amounts within the 114 Cent Necessary
Capital Projects Fund. Questions have since arisen about whether this GID
project is the kind of project for which the proceeds of this tax should be used.
Since other sources were identified and are available without any such questions
or constraints, the funding recommendation has been changed for Second Reading.
Stormwater Issues
The Old Town Master Plan adopted in December of 1993 identified a stormsewer in
the portion of Linden Street (see Attachment #2 and #3) affected by the proposed
GID #1 improvements. The purpose of this new storm sewer is to serve the center
or core area of the block on which the Linden Hotel is located. This storm sewer
would be needed when the area behind the buildings that front on the surrounding
streets develop. At this time it is anticipated the storm sewer would be needed
in approximately ten (10) years.
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June 21, 1994
During development of the Linden Street GID #1 improvements conversations have
taken place between Planning and Stormwater Staffs regarding the need for the
storm sewer improvements. It was decided to not pursue the storm sewer
improvements at this time for the following reasons:
If the storm sewer system was installed today it would not serve any
functions until it was tied into in ten (10) years.
The monies saved in construction costs would be offset by the
repayment by the Old Town Basin to Stormwater reserves with
interest. In the past, if a basin borrowed money from Storm
Drainage fund reserves that basin would repay reserves for the
monies borrowed plus the interest that money would have accrued if
it had remained in reserves.
If the storm sewer was to be included in the GID #1 project at this
stage, the project construction schedule would be increased by
approximately three (3) weeks. This would push construction into
the Christmas holiday shopping season. The additional time delay
would result in increased concrete costs due to winter time paving
of Linden Street and would increase construction costs overall due
to time delays. The overall consensus from adjacent property owners
was to construct the improvements this fall with substantial
completion by the end of November.
The future storm sewer system is solely located in the alley and
street sections and it would not impact the proposed landscaped
areas of Linden Street.
Since it is unknown how the area will develop in the future, the
improvements installed today may or may not be the correct size.
The system may need to be enlarged or it may be installed too large
thus requiring the unnecessary expenditure of monies.
However, delaying the project would result in disruptions to the Linden
Improvements in ten (10) years when the storm sewer in installed. Physical
disruptions to the surface paving as well as inconviences to the owners and
patrons of businesses in the area would occur."
City Manager
Burkett stated staff has
addressed the issues Council was concerned
with between
first reading and second
reading. He stated additional information
was provided
to Council regarding storm
drainage, potential sources of revenue,
and the recommendation related to the
quarter cent necessary funds was changed.
He stated staff is recommending the
entire $300,000 to come from the Use Tax
Reserve. He
stated Use Tax receipts are volatile and a cap was placed on the
amount of Use
Tax used for the City's
annual operations and the amount above that
cap has been
going into the Use Tax
Reserve Fund.
420
June 21, 1994
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt
Ordinance No. 98, 1994 on Second Reading.
Councilmember Janett stated she supported the Ordinance and believed improvements
to the downtown affect the whole community. She stated there is a timing
opportunity for minimizing the amount of upset to the downtown users and
businesses by combining two projects. She requested that staff compile a report
on the rate the revenues come into the City versus the amount of future GID
projects.
Councilmember Horak stated Old Town is a success and believed this project will
be successful.
The vote on Councilmember Smith's
Second Reading was as follows:
McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
motion to adopt Ordinance No. 98, 1994 on
Yeas: Councilmembers Apt, Horak, Janett,
Ordinance No. 103, 1994
of the Council of the City of Fort Collins Establishing a
' Temporary Suspension of the Processing of Applications for
Retail and Commercial Planned Unit Developments Within the
Harmony Corridor for a Period of Six Months,
Option 1A Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The Harmony Road corridor offers an important development opportunity for the
entire community. On March 5, 1991, the City Council adopted the Harmon
Corridor Plan as an element of the Comprehensive Plan of the City to give
guidance for future development in the area. The City has recently experienced
a substantial increase in the number of applications for retail and commercial
development in the Corridor which has raised a number of issues regarding the
land use policies of the Harmony Corridor Plan. On June 7, 1994, the City Council
directed City staff to prepare, for subsequent review and approval, an ordinance
which would place a six-month suspension of the processing of certain retail and
commercial planned unit development applications within the Harmony Corridor.
During the moratorium period, City staff and the Planning and Zoning Board will
review the City's policies regarding retail and commercial development within the
Corridor and recommend any necessary amendments to the Harmony Corridor Plan,
together with implementation ordinances. The temporary suspension will terminate
as of December 21, 1994. Two options for a moratorium are provided. Each of the
options is for six -months. The options vary by the scope of land uses to which
the moratorium would apply.
421
June 21, 1994
BACKGROUND:
The Harmony Corridor, extending from College Avenue to Interstate 25, and one-
half mile north and south of Harmony Road, represents an important development
opportunity for the entire community. On March 5, 1991, the City Council adopted
the Harmony Corridor Plan as an element of the Comprehensive Plan of the City.
This Plan constitutes a public statement of the City's policies with regard to
the future development of the Harmony Corridor in terms of land use and urban
design.
The City has recently experienced a substantial increase in the number of
applications for new retail and commercial development in the Corridor. This
development activity has raised a number of issues regarding the policies of the
Harmony Corridor Plan including the proper location, size, quantity, type and
design of retail and commercial development that should be permitted in the
Corridor.
On June 7, 1994, the City Council directed City staff to prepare, for subsequent
review and approval, an ordinance which would place a six-month suspension of the
processing of certain planned unit development applications containing retail
and commercial land uses in the Harmony Corridor. During the period of
moratorium, City staff and the Planning and Zoning Board will review the City's
policies regarding retail and commercial development within the Corridor and
recommend any necessary amendments to the Harmony Corridor Plan, together with I
implementation ordinances.
The temporary suspension of processing of applications will terminate as of
December 21, 1994.
Attached are two options for a moratorium on development applications in the
Harmony Corridor. Each of the options is for six -months. The options vary by the
scope of land uses to which the moratorium would apply. The options are as
follows:
OPTION I (Suspends all Retail and Commercial; I-25 to College)
Option 1 places a 6-month moratorium on processing of Overall Development Plans
and preliminary PUD plans containing retail and commercial uses as defined in the
City of Fort Collins Standard Industrial Code List, a copy of which is attached.
This option would apply to the entire Harmony Corridor.
Exemptions from the moratorium include:
a) Planned unit developments which have received preliminary or final
approval by the Planning and Zoning Board prior to the July 15, 1994
effective date of the moratorium ordinance;
422 1
1 June 21, 1994
b) Development proposals on properties located in the Harmony Market
Shopping Center planned unit development (Parcel R of Oak/Cottonwood
Farm Overall Development Plan). The Harmony Market Shopping Center
is exempt because its retail character is established by the
construction of three major anchors stores and further development
on the property will not significantly impact the character of the
Corridor; and,
c) Any use not listed in the ordinance, for example, residential,
research facilities, manufacturing, industrial, hospitals, nursery
facilities, child care services, schools, offices, and banks.
OPTION 2 (Suspends all uses except those specified; I-25 to College)
Places a six-month moratorium on processing of Overall Development Plans and
preliminary PUD plans in the Harmony Corridor. Uses which are subject to the
temporary moratorium are broader in scope than Option 1. For example, Option 2
will also place a moratorium on new warehouses; contractor trades and service
buildings; wholesale trade establishments; banks; and, office buildings (except
regional or national headquarters). This option would apply to the entire
Harmony Corridor.
Exemptions from the moratorium include:
' a) Planned unit developments which have received preliminary or final
approval by the Planning and Zoning Board prior to the July 15, 1994
effective date of the moratorium ordinance;
b) Applications which are residential and/or permitted uses (1) through
(5) of the EP, Employment Park District, which are considered to be
consistent with the Harmony Corridor Plan, compatible with the
neighborhoods adjacent to the Corridor, and would not adversely
affect the Corridor or be detrimental to the aesthetic,
environmental, traffic or other land uses interests of the City.
These uses include:
"(1) Research facilities, testing laboratories, offices and other
facilities for research and development.
(2) Industrial uses (subject to the performance standards required
for the IL, Limited Industrial District as set forth in
Section 29-368.
(3) Hospitals.
(4) Regional or national headquarters of a services -producing
organization.
1 423
June 21, 1994
1,
(5) Vocational, business or private schools and universities."
STAFF RECOMMENDATION
Staff recommends adoption of Option 1. Staff does not recommend adoption of
Option 2 due to the broader category uses to which the moratorium would apply.
Staff believes the list of uses is too extensive and includes uses, for example,
offices and banks, which are considered to be consistent with the Harmony
Corridor Plan, compatible with the neighborhoods adjacent to the Corridor, and
would not adversely affect the Corridor or be detrimental to the aesthetic,
environmental, traffic or other land uses interests of the City."
City Manager Burkett stated the Ordinance has several options and copies are
available for the audience.
City Attorney Roy stated there are several revisions to the Ordinance that deal
with site plan reviews conducted in the corridor and reviews of Planned Unit
Development applications. He stated those changes are technical and apply to all
of the options. He reviewed the various revisions in detail regarding the
Ordinance. He stated the termination date should be changed from December 21,
1994 to January 15, 1995 and the Ordinance would become effective July 15, 1994.
Greg Byrne, Director of Community Planning and Environmental Services, stated '
that staff suggested that Council place a moratorium on superstore applications
until the City has had ample time to evaluate this type of development. He
stated Council directed staff to prepare an option for a moratorium which would
be limited to the Harmony Corridor. He stated the purpose of this moratorium
would be to provide the community time to re-evaluate the land use element of the
Harmony Corridor Plan. He stated staff recommended a period of six months if
Council determines a moratorium is warranted for Harmony Corridor. He stated
during the six months staff would meet with affected interests, generate and
evaluate alternatives for the Corridor and present them to the Planning and
Zoning Board for recommendation. He stated the various pros and cons of the
moratorium and what effects it would have on the community.
Joe Frank, Assistant Planning Director, stated each of the four options would
place a moratorium on commercial and retail development in the Harmony Corridor.
He stated what each option addresses and what effects each option would have on
development in the Harmony Corridor.
Councilmember Janett asked if retail/commercial development occur at each
signaled intersection.
Frank stated there is the potential of commercial development at each of those
intersections and would be restricted to the particular land use for those
parcels.
424 1
' June 21, 1994
Councilmember McCluskey made a motion, seconded by Councilmember Janett, to adopt
Ordinance No. 103, 1994 Option IA as amended on First Reading.
City Attorney Roy read the various changes made to Ordinance No. 103, 1994 Option
lA because those changes were not on file for 48 hours with the City Clerk's
Office prior to the Council meeting.
Frank stated that Option lA would impose a moratorium for six months on planned
unit developments and administrative site plans that contain retail/commercial
uses. He stated Option 1A would exempt planned unit developments that were
approved prior to the enactment of the Ordinance, the Harmony Market Shopping
Center, and the Oakridge Master Plan Parcels A, M, and N.
Tim Dolan, 4212 New Hampden Court, stated the Harmony Coalition as a majority
supports Option IA of the Ordinance. He stated the entire city needs to be
closely reviewed regarding the question of growth. He stated citizen and
developer communication must increase dramatically and suggested a roundtable
discussion group. He believed the length of the moratorium was sufficient but
if all parties participate in the planning needs of the Corridor the length may
be decreased.
Milan Hanson, 1624 Redberry Court, stated there needs to be more control over the
appearance and accessibility of new development in the city. He stated Harmony
Road should be an example of quick and smooth traffic flow located in an area
that is attractive with mixed use development. He stated the Harmony Corridor
Plan is an excellent blue print for future developments on Harmony Road. He
stated the Harmony Corridor Plan should be enforced to control development and
create a balance along Harmony Road. He stated this moratorium removes pressure
and creates the opportunity to create and adopt the regulations that support the
Harmony Corridor Plan.
Harold Swope, 4925 Hogan Drive, stated his concerns with regard to the
development along Harmony Road. He supported Option IA and believed the LOGS
will protect the area from the various developments throughout the corridor.
Jenny Wilcock, 4160 Sumter Square, stated a moratorium placed on retail and
commercial development along Harmony Road would be appropriate. She stated the
children who attend Kruse Elementary should not have their safety jeopardized for
development reasons. She stated the moratorium would provide the City time to
explore development options along the Harmony Corridor.
Yolanda Nicely, 300 Harmony Road, stated she strongly opposes a moratorium on
development in the Harmony Corridor. She stated the moratorium would diminish
the amount of new jobs for the people of Fort Collins. She stated this project
is a survival issue for working people of this community. She stated Fort
Collins has room to grow and the more development there is the better it is.
425
June 21, 1994
Orly Penny, 4401 San Remo Circle, urged Council to adopt Option IA of the
Ordinance. She stated that there has been an explosion of development over the
past 10 years. She stated the quality of life diminishes when development grows
so rapidly. She stated the Harmony Corridor Plan preserves the quality of life
for the community and should be taken into full consideration when analyzing
development for Harmony Road.
Don Churchwel l , 5219 Abbey Road, CEO and President of Bank One, stated the
neighborhood favors the development of Bank One. He stated Bank One's proposal
went through the PUD review process and a neighborhood meeting was held for
comments and suggestions. He urged Council to adopt Option lA of the Ordinance
and believed it did not present any undue burden on the Bank One project.
Mark Goldberg, real estate developer, stated the Harmony Corridor Plan is a great
planning tool for the Harmony Corridor. He stated placing this moratorium on
development sends the message to businesses that they are not welcome in this
community. He stated he was opposed to the Ordinance and urged Council not to
adopt Option 1A. He believed the moratorium is a knee jerk reaction to growth.
He stated this project is spot zoning against several existing development
proposals.
Jennifer Carpenter, 1719 Hotchkiss Drive, stated Option 1 of the Ordinance is the
least restrictive. She stated Option 1 allows development in categories that are '
generally consistent with the Harmony Corridor Plan. She stated the project is
not an issue of growth versus no growth, it is an issue of planned growth. She
stated the moratorium will provide time for communication and creation of an
enforceable implementation plan.
Robert Story, 4420 Monoco Place, stated he supported Option IA of the Ordinance
and urged Council to adopt the Ordinance. He asked how the largest proposed food
store in Fort Collins could be considered as a neighborhood store. He stated the
moratorium would allow ample time to work on strategies for what types of uses
are compatible with the surrounding neighborhoods.
Peter O'Neill, 906 Whalers Way, stated he was more concerned with what new plans
were to be considered and implemented rather than the placing a moratorium on the
Harmony Corridor. He stated the proposed retail stores are too big for the
proposed sites. He stated the IDGS is based on the principle of mixed use, which
presumes that most residential, commercial, retail and recreational developments
would have characteristics that would allow them to be compatible. He stated a
planning forum should be held with citizens to explain the City's planning
principles. He stated the City should be planned as a whole, not piece by piece.
He stated superstores are a new category of development and need specific
planning rules.
June 21, 1994
Peter Kast, vice president of GT Land, stated he was against the moratorium and
believed the current planning structure can handle such developments as
superstores. He stated that if a moratorium is the way the City believes it need
to proceed then it needs to be limited and on a short term basis. He stated a
moratorium for less than six months would be adequate for citizen input and
development of new plans.
Richard Poche, 4507 Seaboard Lane, stated he supports the moratorium on
commercial development in the Harmony Corridor. He stated the delay in
commercial development would not hurt the city. He stated much of the big
picture of what Fort Collins would look like in the future is based on the
decision whether to support the moratorium or not. He urged Council to adopt
Option IA of the Ordinance.
David Roy, 1039 West Mountain, stated the changes made to items prior to the
meetings should be made public ahead of time and not presented at the time of the
meeting. He urged Council to adopt Option 2 of the Ordinance.
Scott Mason, 861 Sandy Cove Lane, urged Council to adopt Option IA of the
Ordinance. He stated there has been a flood of retail and commercial development
applications in the Harmony Corridor and those applications threaten the intent
of the Harmony Corridor Plan. He believed the City needs to take a six month
timeout to revisit and redefine the Harmony Corridor Plan. He stated strong
neighborhood planning for the Harmony Corridor is warranted and that
retail/commercial land use threaten the vision of the Harmony Corridor Plan.
Lucia Liley, representative of the South Collindale Partnership, stated the
partnership is the owner of a parcel in the Golden Meadows Master Plan that has
been identified and approved for a shopping center use. She stated the
moratorium is too broad and affects sites that are far along in the City
development process. She stated the Partnership has worked with the City to
develop a plan consistent with the area's development and the City's master plan.
She stated the City approved its master plan in 1980 for the Golden Meadows
parcel and the plan continued to change as the Harmony Corridor Plan was
developed. She stated that the moratorium is not appropriate for the site that
is in the late stages of the development process. She stated if the Council
approves the moratorium that it should consider shortening the moratorium to a
90-day period consistent with the recommendation of the Planning and Zoning
Board, to identify a process which would insure that landowners of undeveloped
property along Harmony Road become a part of the working process for
recommendations for the Corridor, and articulate very clearly a logical rationale
for those exempted areas along Harmony Road.
427
June 21, 1994 ;
Janetha Boswell, 825 Sandy Cove Lane, stated this project is a very volatile
issue. She stated property owner rights need to be taken into consideration.
She believed projects of this magnitude need to be reviewed extensively before
being approved. She urged Council to adopt Option IA of the Ordinance. She
stated the six month time frame is not necessary and could be shortened. She
believed low to middle income housing opportunities should be incorporated within
the discussions of the Harmony Corridor.
Kevin Keane, 4106 Attleboro Court, urged Council to adopt Option IA of the
Ordinance. He stated growth within and around to the city is out of conceptual
control. He stated the King Soopers proposal demonstrates the pressures and
confusions involved with planning issues in the Harmony Corridor. He stated the
proposed development of the shopping center should not be considered a
neighborhood shopping center but a regional shopping center. He stated the
proposed King Soopers is the largest planned supermarket in Fort Collins. He
stated the moratorium gives the residents, developers and the City time to work
through the planning concerns along Harmony Corridor.
Les Kaplan, Harmony/Timberline property owner, believed a six month moratorium
is not necessary. He believed a 3 to 4 month moratorium would be more effective
and would provide a concentrated approach to solving the development issues along
Harmony Road.
Wayne Schrader, 800 Garfield, property owner on Harmony and Boardwalk, urged
Council not to adopt a moratorium. He believed the Harmony Corridor Plan set
,
forth the guideline for the use of Harmony Road as a gateway to the City of Fort
Collins. He stated Harmony Road is not a residential area. He stated placing
a six month moratorium on all development is penalizing everyone. He stated the
moratorium is not necessary for the smaller developments that are acceptable to
the neighborhoods. He stated a six month moratorium places a delay on a project
for at least a year and the people who have made good faith investments in the
area are the one's who are going to suffer from the moratorium. He believed
there are more cons than pros to the Ordinance.
Bob Pennock, 2125 Ryeland Lane, stated that commercial development would always
take place within the City of Fort Collins. He stated that almost every major
street would have some type of retail/commercial development. He stated Council
should make a provision to allow for a large scale shopping center that should
be located on a major arterial.
Councilmember Janett asked about the term spot zoning.
City Attorney Roy stated that it is zoning that is targeted at a particular
parcel of property, that does not bear a substantial relationship to the overall
welfare of the community, and is done on an arbitrary basis.
Councilmember Smith asked about the timeframe for the planning of the proposal.
'
428
June 21, 1994
Byrne stated that if the land use element of the plan was revisited a task force
of affected interests in the community would be need for a complete review. He
stated the six month timeframe could be reduced and if Council chose to lessen
the timeframe it would require the suspension of work on other activities. He
stated the planning staff could produce various options and present them to the
affected parties rather than having the affected parties participate in the
production of the options, which would shorten the process.
Councilmember Smith stated he supported Option lA with a six month delay. He
believed that a faster delay would cause some dislocation for other activities
that staff needs to be working on. He stated the Harmony Corridor is a very
important and crucial issue to the city; however, it is just one section among
many that need review. He stated every citizen has a personal responsibility to
participate in the process. He stated the moratorium is basically a pause for
planning and not the end to any activity. He stated this Ordinance is a step in
a long term investment for the future of this community.
Councilmember McCluskey believed that the moratorium provides a timeout period
and would be good if the time is used effectively. He stated that staff should
review the timeframe again. He stated that before second reading a draft of the
work agenda and how it will be processed should be prepared. He believed this
project is a process issue and believed the Harmony Corridor Project needs to be
refined.
Councilmember Apt stated he would support the Ordinance and thanked everyone who
participated in the process. He stated the Ordinance should not send the message
of no growth but that growth is being managed and fine tuned to the needs of this
community. He stated the scale of the projects is the real issue and not a
growth versus no growth issue. He stated projects such as this have taken on
regional characteristics which has a substantial impact on the community. He
stated the planning staff is overwhelmed, and believed the six month delay would
provide adequate time for staff to work on the project effectively.
Councilmember Janett stated this project concerns multiple properties and
proposals along the Harmony Corridor. She stated this Ordinance presents many
opportunities for the community, staff, and the developers to work together to
come to an agreement on what the vision is for Harmony Road. She stated the
vision of Harmony Corridor consists of mixed uses, close accessibilities to
various services, and provides a showplace for the city. She stated the
moratorium provides the opportunity for time to decide on the best direction for
the Harmony Corridor. She stated Harmony Road is the southern entryway for the
city and should provide free flowing traffic to the community. She stated the
number of stop lights is a concern.
Councilmember Horak stated he would support the Ordinance and believed a plan of
action should be developed before Second Reading. He stated the moratorium
provides time to develop a plan that works for the citizens of Fort Collins. He
stated that at the end of the process there is at least a month for the Planning
429
June 21, 1994 ,
1
and Zoning Board to review and make a recommendation. He stated that after the
Planning and Zoning Board reviews the plan and makes its recommendation then
Council would review an Ordinance on what the action is going to be for the
project.
The vote on Councilmember McCluskey's motion to adopt Ordinance No. 103, 1994
Option IA as amended on First Reading was as follows: Yeas: Councilmembers Apt,
Horak, Janett, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
Items Relating to the Robert Shields Annexation and Zoning. Postponed
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 92, 1994, Annexing Approximately 18.4
Acres, Known as the Robert Shields Annexation.
B. Second Reading of Ordinance No. 93, 1994, Zoning Approximately 18.4 Acres,
Known as the Robert Shields Annexation, Into the R-L-P, Low Density
Planned Residential, District with a PUD Condition.
This Ordinance, which was unanimously adopted on First Reading on June 7,
approves the request to annex and zone approximately 18.4 acres located east of
County Road #9 and one-half mile north of Harmony Road. The property is
currently zoned FA-1 Farming in the County which allows single-family residential
development with a minimum lot size of 2.29 acres. The requested zoning is the
R-L-P, Low Density Planned Residential, District with a PUD condition. The R-L-P
District could allow for a variety of housing types and densities through the PUD
process, but due to the property's relatively small size a variety of uses is not
likely to occur. The property is presently undeveloped. This is a voluntary
annexation of property located in the Fort Collins Urban Growth Area."
Councilmember Smith made a motion, seconded by Councilmember Apt, to postpone
Ordinance No. 92, 1994 and Ordinance No. 93, 1994 on Second Reading to July 19,
1994.
City Manager Burkett stated it was a request from the property owner to postpone
Second Reading of the Ordinance's to July 19, 1994.
Councilmember Horak stated if a property owner requests postponement the City
generally adheres to the request until the owner is ready to be annexed into the
City.
430
11 June 21, 1994
The vote on Councilmember Smith's motion to postpone Ordinance No. 92, 1994 and
Ordinance No. 93, 1994 on Second Reading was as follows: Yeas: Councilmembers
Apt, Horak, Janett, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
Items Relating to the Strachan Farm
Annexation and Zoning. Adopted on Second Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Second Reading of Ordinance No. 94, 1994, Annexing Approximately 17.9
Acres, Known as the Strachan Farm Annexation.
B. Second Reading of Ordinance No. 95, 1994, Zoning Approximately 17.9 Acres,
Known as the Strachan Farm Annexation, Into. the R-L-P, Low Density Planned
Residential, District with a PUD Condition.
This Ordinance, which was unanimously adopted on First Reading on June 7,
' approves the request to annex and zone approximately 17.9 acres located east of
County Road #9 and north of the Hewlett Packard Plant on Harmony Road. The
property is currently zoned FA-1 Farming in the County which allows single-family
residential development with a minimum lot size of 2.29 acres. The requested
zoning is the R-L-P, Low Density Planned Residential, District with a PUD
condition. The R-L-P district could allow for a variety of housing types and
densities through the PUD process, but due to the property's relatively small
size a variety of uses is not likely to occur on the site. The property is
presently undeveloped. This is a voluntary annexation of property located in the
Fort Collins Urban Growth Area."
Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt
Ordinance No. 94, 1994 on Second Reading.
Sandra Thomas, 4104 South County Road 9, stated the proposed project has
inherently incompatible uses for the surrounding area. She stated that according
to the Natural Areas Policy Plan, the proposed area for annexation is classified
as a Natural Area and serves as a wildlife corridor. She stated the proposed
annexation and surrounding area is defined in the Intergovernmental Agreement for
Urban Growth as a significant wildlife habitat because it is a geographical area
containing. essential elements of food, water, cover, and space for wildlife
habitat. She stated the surrounding property owners request denial of the
project to be consistent with the Natural Areas Policy Plan which states that the
City must direct growth away from environmentally unique lands which can be shown
to have special values to people. She stated the area is a visual resource to
' the community. She stated the Harmony Corridor Plan describes the area as a
431
June 21, 1994 ;
unique blend of rural scenery. She stated the property adjacent to the proposed
project is a flood plain and believed that would cause a severe storm drainage
problem. She presented pictures of the proposed project and surrounding area.
Sue Henderson, 3824 Nite Court, stated the issue surrounding the proposed project
is the loss of quality of life to the area. She stated the neighborhood is rural
and should not become a high density area. She stated that her family raises
chickens and if the property were annexed into the City that would prohibit them
from raising chickens. She stated the three proposed annexations are not
cohesive and would destroy the quality of life that has been created for the
area.
Katherine Sands, 3816 Nite Court, stated her property is located in the County
and enjoys the rural lifestyle that surrounds the area. She stated the residents
of the area need the space that is currently surrounding the properties for the
animals in the area. She stated the watershed has changed and presents some
flooding issues and prior to any annexation in the area the watershed issue
should be reviewed in great detail.
David Thomas, 4104 South County Road 9, stated his family has resided there for
28 years and believes the area is a rural setting and should remain a rural
setting. He stated the area is consistent with wildlife and a well balanced
ecosystem. He believed if the annexations were to take place those habitats I
would be destroyed. He stated County Road 9 is a greenbelt transitional zone
that should remain as is.
Councilmember Janett asked staff to elaborate on the natural areas surrounding
the proposed annexations.
Ken Waido, Chief Planner, provided a map to Council from the Landscape
Opportunities Study. He stated the proposed annexation is located north of
Hewlett Packard and considered to be a natural resource area. He stated there
is a protection area along the Poudre River floodplain. He explained the various
surrounding zones in relationship to the proposed annexation. He stated there
is a reclamation area and a bird preserve that would be located near the
annexation. He stated there is a potential for paved bikeways in the general
vicinity of the annexation.
Councilmember Janett asked if storm drainage issues in regards to the annexation
are inventoried in the Natural Areas Policy Plan.
Waido believed the storm drainage issue is addressed in the Natural Areas Policy
Plan and is a part of the Gateway Concept in the Harmony Corridor Plan. He
stated there are no significant natural features within the proposed annexations.
Councilmember Janett asked if the development of the proposed annexation would
impact the ridgeline area.
432 1
1
June 21, 1994
Waido stated that during the development review process the proposed development
would be reviewed interphasing it with the ridgeline area and maintaining a
buffer zone ensuring that there would not be any impact to the ridgeline area.
Councilmember McCluskey asked how the floodplain would be dealt with in regards
to the proposed annexation.
Waido stated there are no floodplains located within the areas of the
annexations. He stated the existing floodplain is associated with the Poudre
River which is located east of the ridgeline.
Councilmember Janett asked if staff considered placing a restriction in the
annexation agreement that would protect the ridgeline.
Waido stated the mechanisms within the Land Development Guidance System would
address issues such as that during the development review process and would not
need to be placed within an annexation agreement.
Councilmember McCluskey stated the development review process was designed to
address issues such as the wildlife habitat and storm drainage concerns. He
stated issued such as that should not be addressed during the annexation.
The vote on Councilmember Smith's
Second Reading was as follows:
McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
motion to adopt Ordinance No. 94, 1994, on
Yeas: Councilmembers Apt, Horak, Janett,
Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt
Ordinance No. 95, 1994, on Second Reading.
Councilmember Janett stated the Urban Growth Area is the ultimate boundary that
has been in effect for a long time. She stated that the proposed area for
annexation is expected to become an urban area. She stated the zoning proposed
for that area is low density by City standards and has a PUD condition that helps
the neighborhoods negotiate a plan that fits in with the existing environment.
The vote on Councilmember Smith's motion to adopt Ordinance No. 95, 1994, on
Second Reading was as follows: Yeas: Councilmembers Apt, Horak, Janett,
McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
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June 21, 1994 '
Items Relating to the Wild West Annexation and Zoning. Postponed
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Public Hearing and Resolution 94-104 Setting Forth Findings of Fact and
Determinations Regarding the Wild West Annexation.
B. Hearing and First Reading of Ordinance No. 104, 1994, Annexing Property
Known as the Wild West Annexation.
C. Hearing and First Reading of Ordinance No. 105, 1994, Amending the Zoning
District Map Contained in Chapter 29 of the Code and Classifying for
Zoning Purposes the Property Included in the Wild West Annexation to the
City of Fort Collins.
This is a request to annex and zone approximately 8.2 acres located east of
County Road 9 and 114 mile south of Horsetooth Road. The requested zoning is the
R-L-P, Low Density Planned Residential, District. The property is presently
undeveloped, but the applicant plans to construct a single-family home on the
site. The property is currently zoned FA-1 Farming in the County which allows
single-family residential development with a minimum lot size of 2.29 acres. The '
applicant is being required to annex as a condition of receiving City sewer
service. This is a voluntary annexation of property located within the Fort
Collins Urban Growth Area.
APPLICANT: Michael E. West
1424 Twin Oak Court
Fort Collins, CO 80525
OWNER: Same
BACKGROUND:
The applicant and property owner, Michael E. West, has submitted a written
petition requesting annexation of approximately 8.2 acres located east of County
Road 9 and 114 mile south of Horsetooth Road. The requested zoning is the R-L-P,
Low Density Planned Residential, District. The property is presently
undeveloped, but the applicant plans to construct a single-family home on the
site. The property is currently zoned FA -I Farming in the County which allows
single-family residential development with a minimum lot size of 2.29 acres.
This is a voluntary annexation of property located within the Fort Collins Urban
Growth Area.
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 '
434
1
June 21, 1994
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 gains
the required 116 contiguity to existing city limits from a common boundaries with
the Spring Creek Farms Third and Fourth Annexations to the west and the pending
Robert Shields Annexation to the south.
The surrounding zoning and existing land uses are as follows:
N: FA-1, Farming, large lot single-family residential
E: FA-1, Farming, large lot single-family residential
S: Pending Robert Shields Annexation R-L-P, Low Density Planned Residential,
undeveloped
W: R-L-P, English Ranch, single-family residential subdivision
E-P, Employment Park, undeveloped
The requested zoning for this annexation is the R-L-P, Low Density Planned
Residential, District. The R-L-P District designation is for areas planned as
a unit to provide variation in use, density, and building placement. The owner
intends on constructing a single-family home on the site. A building site was
approved by Larimer County as Tract 1 of the Nussbaumer Minor Residential
Development (M.R.D.). Approval of the M.R.D. by the County contained a condition
that the property annex to the City at the time of development. The City also
requires contiguous properties, which receive City utility services, to annex.
The owners will utilize City sewer service, thus the request for annexation.
County Road 9 is planned as a future
City's MASTER STREET PLAN. Staff doe
City for infrastructure improvement
Family house on the property.
Findings
s
s
arterial (4-7anes) street according to the
not anticipate any significant cost to the
required by the development of a single -
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.
The area meets all criteria included in State law to qualify for a
voluntary annexation to the City of Fort Collins.
On May 17, 1994, 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.
The requested R-L-P District is in conformance with the policies of the
City's Comprehensive Plan.
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June 21, 1994
STAFF RECOMMENDATION
Staff recommends approval of the annexation and requested zoning.
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board, at its regular monthly meeting on May 23, 1994,
voted 7-0 to recommend approval of the requested annexation and zoning as part
of the Board's Consent Agenda."
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to
postpone Resolution 94-104, Hearing and First Reading of Ordinance No. 104, 1994,
and Hearing and First Reading of Ordinance No. 105, 1994, to July 19, 1994. The
vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers
Apt, Horak, Janett, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
Items Relating to the Harmony Farm Annexation and Zoning. Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY I
A. Public Hearing and Resolution 94-105 Setting Forth Findings of Fact and
Determinations Regarding the Harmony Farm Annexation.
B. Hearing and First Reading of Ordinance No. 105, 1994, Annexing Property
Known as the Harmony Farm Annexation.
C. Hearing and First Reading of Ordinance No. 107, 1994, Amending the Zoning
District Map Contained in Chapter 29 of the Code and Classifying for
Zoning Purposes the Property Included in the Harmony Farm Annexation to
the City of Fort Collins.
This is a request to annex and zone approximately 155.6 acres located south of
Harmony Road and east of County Road 9. The requested zoning is the E-P,
Employment Park, District. The property is presently undeveloped. The property
is currently zoned FA-1, Farming in the County, which allows single-family
residential development with a minimum lot size of 2.29 acres. This is a
voluntary annexation of property located within the Fort Collins Urban Growth
Area.
APPLICANT: Eldon Ward
Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO 80525 ,
436
11 June 21, 1994
OWNER: John R. Moore
K & M Company
3201 Shore Road
Fort Collins, CO 80524
BACKGROUND:
The applicant, Eldon Ward of Cityscape Urban Design, Inc., on behalf of the
owner, John R. Moore of the K & M Company, has submitted a written petition
requesting annexation of approximately 155.6 acres located south of Harmony Road
and east of County Road 9. The requested zoning is the E-P, Employment Park,
District. The property is presently undeveloped. The property is currently
zoned FA-1, Farming in the County which allows single-family residential
development with a minimum lot size of 2.29 acres. This is a voluntary
annexation of property located within the Fort Collins Urban Growth Area.
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 gains
the required 116 contiguity to existing city limits from a common boundaries with
' the Harmony Annexation No. to the north, the Ricketts First and Second
Annexations to the east, and the South Harmony Annexation to the west.
The surrounding zoning and existing land uses are as follows:
N: I-L, Limited Industrial, Hewlett Packard plant
E: FA-1 Farming, undeveloped
B-P, Planned Business, undeveloped
S: FA-1 Farming, undeveloped
W: E-P, Employment Park, Mountain Crest Hospital
The requested zoning for this annexation is the E-P, Employment Park, District.
The E-P District designation is for areas of the city which have been designated
as "employment parks" in accordance with the City's Comprehensive Plan. The
property will probably eventually develop as an employment center and possibly
contain a mixture of land uses. According to the City's HARMONY CORRIDOR PLAN
this property should be included within a future employment park. There are no
immediate development plans for the property.
Harmony Road is planned as a future major arterial (6-lanes) street according to
the City's MASTER STREET PLAN. The property is adjacent to a major sewer line
located in County Road 9. Other service will need to be extended to serve the
property. Development of the property will be required to address the City's
off -site street policy, which requires access to an improved arterial street
(minimum 35 foot wide pavement constructed to arterial standards). County Road
' 9 would likely need to be improved upon development of the property and access
437
June 21, 1994 ,/
points on Harmony Road will need to comply with the Harmony Road Access Control
Plan. As the property develops, the City will collect the appropriate fees for
water and sewer services, storm drainage, parkland (if residential development
occurs), and street oversizing. The staff does not anticipate any other
significant costs to the City for infrastructure improvements required by new
development -of the property.
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 May 17, 1994, 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 E-P District is in conformance with the policies of the I
City's Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends approval of the annexation and requested zoning.
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board, at its regular meeting on May 23, 1994, voted 7-0
to recommend approval of the proposed annexation and requested zoning as part of
the Board's Consent Agenda."
Ken Waido, Chief Planner, stated the annexation consists of 155 acres located
south of Hewlett Packard with Harmony Road being the northern boundary. He
stated the property is located within the Urban Growth Area and has the required
contiguity. He stated the zoning recommendation is EP-Employment Park Zone which
is consistent with the Harmony Corridor Plan. He stated the Planning and Zoning
Board has recommended the annexation and zoning be approved.
Councilmember Janett asked if the billboards along Harmony Road are in the area
of the proposed annexation.
City Manager Burkett stated the billboards are located outside the City limits
and east of the proposed site. ,
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1
June 21, 1994
Waido stated if there were any billboards located on the proposed property they
would have to comply with the City Sign Code within five years.
Councilmember Smith asked if the property located to the northeast was developed.
Waido stated that a series of 4 or 5 large lots are located immediately east and
there is no developed property where the annexation is going to take place.
Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt
Resolution 94-105.
Nancy Gray, resident, stated she was concerned with what might happen to the
property after it is annexed into the City.
The vote on Councilmember Smith's motion to adopt Resolution 94-105 was as
follows: Yeas: Councilmembers Apt, Horak, Janett, McCluskey, and Smith. Nays:
None.
THE MOTION CARRIED.
Councilmember
Ordinance No.
motion was as
Smith. Nays:
Janett made
106, 1994, on
follows: Yeas
None.
THE MOTION CARRIED.
a motion, seconded by Councilmember Apt, to adopt
First Reading. The vote on Councilmember Janett's
Councilmembers Apt, Horak, Janett, McCluskey, and
Councilmember Smith made a motion, seconded by Councilmember Janett, to adopt
Ordinance No. 107, 1994, on First Reading. The vote on Councilmember Smith's
motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, McCluskey, and
Smith. Nays: None.
THE MOTION CARRIED.
Ac
The meeting adjourned at 9:32 p.m.
ATTEST:
4rJ.
439