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HomeMy WebLinkAboutMINUTES-03/21/1989-Regular' March 21, 1989 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, March 21, 1989, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Staff Members Present: Burkett, Krajicek, Roy Citizen Participation A. Proclamation naming March 24-31 as National was accepted by Diane Risheill, representing B. Proclamation naming the Month of April as Hospice Month was accepted by Rick Allnut, a Hospice representative. C. Proclamation naming April 2-8 as the Week of the Young Child was forwarded to the appropriate persons. D. Presentation of GFOA award for Excellence in Financial Reporting for the 1987 CAFR was accepted by Dave Agee. Mr. Agee introduced Stephanie Schultz and commented on her outstanding performance as an accountant in the City's Finance Division. E. Resolution 89-56 FYnraccinn Gratitiirin one Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick to adopt Resolution 89-56. Larry Estrada, Jr., read a letter regarding the leadership abilities of his father. Councilmember Horak noted his appreciation for former Councilmember Estrada and read a poem regarding his success. Councilmember Azari commented on the fine job that Mr. Estrada had done serving District 3. Mayor Winokur commented on the personal and professional ' accomplishments of former Councilmember Estrada. -160- March 21, 1989 The vote on Councilmember Horak's motion to adopt Resolution 89-56 was ' as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Mayor Winokur presented former Councilmember Estrada with an appreciation plaque, a copy of Resolution 89-56, read a tribute from State Senator, Bob Schaffer, and presented an award from the Coloradoan as for the best Councilmember. Former Councilmember Estrada noted his appreciation and gratitude for having served on City Council. He thanked the citizens of Fort Collins and his family for its support and encouragement. F. Resolution 89- Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Resolution 89-57. Councilmember Mabry read a poem describing former Mayor Stoner as being a caring man and noted the benefits that Fort Collins had received from Mayor Stoner. Councilmember Edwards expressed his gratitude to former Mayor Stoner for his sincere efforts while serving on Council. Mayor Winokur commented on former Mayor Stoner's deep affection and concern for the city of Fort Collins. The vote on Councilmember Mabry's motion to adopt Resolution 89-57 was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Mayor Winokur presented former Mayor Stoner with two appreciation plaques which recognized his service as Mayor and his service on City Council. Mayor Winokur also read a tribute to Mr. Stoner from State Senator, Bob Schaffer and presented him with wrist bands commemorating his involvement with the oval track at Colorado State University. Former Mayor Stoner noted his appreciation for the Resolution and commented on the challenges'that he encountered while on Council. He thanked the City staff for their professionalism and support and expressed his gratitude to the citizens of Fort Collins for their encouragement. Barbara Allison, 1212 Lynnwood Drive, called Council's attention to a tri-plex that is , listed on City records as a duplex. -161- March 21, 1989 ' Jim Creeden, P.O. Box 1022, commented on the Police Department's reorganization and requested that the Police Department become the #1 priority with improved equipment, facilities, and increased manpower. Queda Nicodemus, Fort Collins resident, described an incident on St. Patrick's Day relating to the conduct of a Fort Collins Police Officer. Yolonda Nicely, 1625 Crestmore Place, expressed concern regarding the trash and litter problem in Fort Collins. Manjeety Ranu, Rocky Mountain High School student, had complaints regarding the low speed limits in various parts of Fort Collins and asked Council to consider raising the speed limits. He indicated the need for additional traffic flow considerations throughout the city. Agenda Review: City Manager City Manager Burkett stated there were no changes to the agenda as published but noted a new resolution was included in Item #32, Approval of Request for Waiver From: (1) The Public Sewer Capacity Requirement That All New Developments In the Urban Growth Area Must Receive Public Sewer Service. (2) The Requirement That the Development Have at Least 1/6th Contiguity With Existing Development or be Located Between the Municipality and Existing Development and Provided Service by the Municipality, and Item #41, Items Related to the Noel Annexation and Zoning, contained a revised ordinance and Item #42, Items Related to the Fort Collins/Loveland Water District Pump Station Annexation and Zoning, contained a new legal description. 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 be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #34, Pulled Consent Items. 5. Consider annrnval of the minit4nc ni a This Ordinance, which was unanimously adopted on First Reading on February investment in its streets and rights -of -way. The installation, repair and maintenance of gas facilities in City streets has an impact on the street network in Fort Collins. Excavation and -162- March 21, 1989 7. Q repair of City streets, resulting from Public Service Company's activities in the public right-of-way, needs to be done in accordance with standards that ensure a minimal impact on the life and structural integrity of the streets. Staff has met with representatives of Public Service Company to reach an agreement on the rights and responsibilities of PSC and the City where natural gas facilities in the City's rights -of -way are concerned. This Ordinance formalizes staff's understanding of that agreement. The Ordinance is similar to the regulations Public Service Company followed under its previous franchise. Staff has updated some of the regulations to bring them in line with current City policies and standards. In June of 1986, the developer of Arbor Plaza PUD contributed $25,000 to the City as mitigation for the disturbance of the Mail Creek Drainage and its associated vegetation. As of this date, none of these funds have been used for mitigation activities. Staff intends that the benefits accruing to the community from these funds be maximized by using the funds on a variety of projects, and when possible, as "seed money" to help foster the initiation or success of individual projects. This Ordinance, which was unanimously adopted on First Reading on February 21, appropriates these funds. The funds will be placed in the Capital Projects Fund for wildlife habitat mitigation. On February 21, Council adopted by a vote of 6-1 Resolution 89-42 authorizing the approval of an Intergovernmental Agreement with the State Department of Highways allocating $450,000 of Federal Aid Urban Systems (FAUS) money and $9,000 Local Agency Non -Participating Funds for the Computer System Expansion Project. The City of Fort Collins has received federal and state approval to use Federal Aid Urban Systems money, totaling $450,000 for the continued expansion of the computerized traffic signal system. These grant funds are to be used for engineering, material procurement, and installation of the system expansion. This Ordinance, which was adopted 6-1 on First Reading on February 21, appropriates the funds for this project. 1 -163- March 21, 1989 ' 9. Items Relating to Highway 14 East First Annexation and Zonin A. Second Reading of Ordinance No. 24, 1989, Annexing Approximately 2.8 Acres Known as Highway 14 East First Annexation. B. Second Reading of Ordinance No. 25, 1989, Zoning Approximately 2.8 Acres Known as Highway 14 East First Annexation, into the RC River Corridor District. On February 21, Council unanimously adopted Resolution 89-45 Setting Forth Findings of Fact and Determinations Regarding the Highway 14 East First Annexation. On February 21, Council also unanimously adopted on First Reading Ordinance No. 24, 1989 and Ordinance No. 25, 1989 annexing and zoning approximately 2.8 acres located north of Highway 14, northeast of the Wastewater Treatment Plant and south of the Poudre River. The requested zoning is the RC River Corridor District. APPLICANT: State Department of Highways OWNER: Same Division of Highways State of Colorado By: Robert L. Clevenger Chief Engineer ' 10. Items Relating to Highway 14 East Second Annexation and Zoning A. Second Reading of Ordinance No. 26, 1989, Annexing Approximately 3.4 Acres Known as Highway 14 East Second Annexation. B. Second Reading of Ordinance No. 27, 1989, Zoning Approximately 3.4 Acres Known as Highway 14 East Second Annexation, into the RC River Corridor District. On February 21, Council unanimously adopted Resolution 89-46 Setting Forth Findings of Fact and Determinations Regarding the Highway 14 East Second Annexation. On February 21, Council also unanimously adopted on First Reading Ordinance No. 26, 1989 and Ordinance No. 27, 1989 annexing and zoning teast ofptheiW Wastewater Treatment 3.4 acres of HPlantihwayand southwestw f the aPoudre14 right -of -a, locted uRiver. The requested zoning is the RC River Corridor District. -164- March 21, 1989 11 12. 13. APPLICANT: State Department of Highways OWNER: Same Division of Highways State of Colorado By: Robert L. Clevenger Chief Engineer Items Relating to Highway I-25 First Annexation and Zoning. A. Second Reading of Ordinance No. 28, 1989, Annexing Approximately 110.6 Acres Known as Highway I-25 First Annexation. Second Reading of Ordinance No. 29, 1989, Zoning Approximately 110.6 Acres Known as Highway I-25 First Annexation, into the I-L Limited Industrial District. On February 21, Council unanimously adopted Resolution 89-47 Setting Forth Findings of Fact and Determinations Regarding the Highway I-25 First Annexation. On February 21, Council also unanimously adopted on First Reading Ordinance No. 28, 1989 and Ordinance No. 29, 1989 annexing and zoning approximately 110.6 acres of I-25 right-of-way located between County Road 48 and County Road 52. The requested zoning is the I-L Limited Industrial District. APPLICANT: State Department of Highways OWNER: Same Division of Highways State of Colorado By: Robert L. Clevenger Chief Engineer The Police Department has been awarded a grant from the Colorado Division of Highway Safety totalling $35,000. These monies are provided from fees assessed against convicted drunk drivers across the state. These funds will be used to support the already existing drunk driving enforcement program within the Department. The grant will provide for the majority of the salary for the DUI officer assigned to the lead on drunk driving enforcement. This Ordinance, which was unanimously adopted on First Reading on February 21, appropriates $35,000 in grant funds for expenditure in the Police Department's Drunk Driving Enforcement Program. This Ordinance, which was unanimously adopted on First Reading on February 21, amends Chapter 3 of the City Code relating to alcoholic -165- March 21, 1989 14. ' 15. 16. beverages in order to clarify and update certain provisions, delete provisions which duplicate the state law relating to the regulation of the sale of alcoholic beverages, streamline procedures where appropriate, and improve the overall organization of the Chapter. Section 2-537(a) of the City Code provides that "The Chief of Police shall hold office at the pleasure of the City Manager. All other members of the Office of Police Services shall hold their respective office or employment at the pleasure of the Chief of Police..." This Code provision places the classified employees of the Police Department in a separate category from all other employees of the City. It is important that the classified Police employees enjoy the same rights, privileges, and responsibilities under the Personnel Rules and Regulations that other employees of the City enjoy. This Ordinance, which was adopted 6-0 on First Reading on February 28, repeals Section 2-537(a) and adopts a new Section 2-567. The effect of these changes would be to place classified Police employees in the same category, under the same employment rights as all other classified employees of the City and to codify the current administrative regulations which provide that unclassified employees serve at the pleasure of the City Manager and are not subject to, or covered by, the Personnel Rules and Regulations. Police Services has-been awarded a grant from the Colorado Division of Criminal Justice under the "Communities for a Drug Free Colorado" program, totalling $40,903. These funds will be used to provide additional support for the Narcotics Investigation program by funding a Data Entry Clerk, needed high-tech electronic equipment, and operating expenses. This ordinance appropriates $40,903 in grant funds for expenditure in the Fort Collins Police Services Narcotics Investigations program. Eauioment. Presently, there are insufficient funds in Police Services' 1989 budget to finance the purchase of all planned equipment. The total budgeted lease/purchase funds amount to $384,740. An additional $15,000 is needed to fully fund the lease/purchase expenditures. ' Fourteen vans and 12 automobiles (20 replacement and six additional vehicles for new positions) will be purchased in 1989. The estimated st-T-2 17. March 21, 1989 cost of these vehicles included in the 1989 budget was lower than the actual bids received. This Ordinance appropriates the additional money needed to fully fund Police Services 1989 lease/purchase expenditures. The Minor Plat Ordinance has been in effect since July of 1987. Since then, the Planning Department has processed over 20 minor plat requests. During that time, staff has identified a few problems with the process and is recommending a number of small, housekeeping measures that would make this Section more workable for both the City and the development community. This is a request to rezone the Emerson Acres subdivision (34.25 acres) to remove a zoning condition requiring all development to be processed as a planned unit development. The change would allow single family development to occur as a "use -by -right" under the restrictions of R-L-P zoning. Staff contends that the criteria of the R-L-P zone is sufficient protection of the public interest in guiding development. The additional PUD review of all development is not warranted. Development not allowed as a "use -by -right" must still be processed as a PUD and reviewed against the criteria of the Land Development Guidance System. The Emerson Acres parcel was annexed into the City in 1984 and zoned R-L-P with the condition that development occur as a planned unit development in accordance with the Ordinances of the City of Fort Collins. The parcel is located at the northeast corner of South Lemay Avenue and County Road #32 (Windsor Road). The annexation and zoning occurred when large areas were being annexed into the City and the LOGS was still a relatively new development review process. The City wanted to encourage the use of the LOGS and thus placed PUD zoning conditions on annexed properties. The PUD condition requires all development proposals to be processed according to the criteria of the LOGS including detached, single family subdivisions. Experience has shown that LOGS review of single family subdivisions is not necessary to achieve the goals of the City. The Emerson Acres Subdivision consists of five lots and is designed for large, single family homes. The smallest lot is 3.74 acres. 1 -167- March 21, 1989 J 1 19. 20, 21. A. Resolution 89-58 Setting Forth Findings of Fact and Determinations Regarding the Lyal Nelson Annexation. B. Hearing and First Reading of Ordinance No. 38, 1989, Annexing Approximately 5.3 Acres Known as the Lyal Nelson Annexation. C. Hearing and First Reading of Ordinance No. 39, 1989, Zoning Approximately 5.3 Acres Known as the Lyal Nelson Annexation, into the RLP Low Density Planned Residential District. This is a request to annex and zone approximately 5.3 acres, located 3/4 mile south of Harmony Road, between the Union Pacific Railroad tracks and the Southridge Greens development. The requested zoning is the RLP Low Density Planned Residential District. APPLICANT: Lyal Nelson 6312.E. Harmony Road Fort Collins, CO 80525 OWNER: Same A. Resolution 89-59 Setting Forth Findings of Fact and Determinations Regarding New Note Partnership First Annexation. B. Hearing and First Reading of Ordinance No. 40, 1989, Annexing Approximately 149.8 Acres Known as New Note Partnership First Annexation. C. Hearing and First Reading of Ordinance No. 41, 1989, Zoning Approximately 149.8 Acres Known as New Note Partnership First Annexation, into the IL Limited Industrial District, with a Planned unit development condition. This is a request to annex and zone approximately 149.8 acres, located east of Hewlett-Packard and north of Harmony Road. The requested zoning is the IL Limited Industrial District. APPLICANT: New Note Partnership C/o Jack Blake, Managing Partner OWNER: Same P. 0. Box 429 Fort Collins, CO 80522 A. Resolution 89-60 Setting Forth Findings of Fact and Determinations Regarding New Note Partnership Second Annexation. B. Hearing and First Reading of Ordinance No. 42, 1989, Annexing Approximately 97 Acres Known as New Note Partnership Second Annexation. ffm March 21, 1989 WA 23 C. Hearing and First Reading of Ordinance No. 43, 1989, Zoning Approximately 97 Acres Known as New Note Partnership Second Annexation, into the IL Limited Industrial District, with a planned unit development condition. This is a request to annex and zone approximately 97 acres, located west of I-25 and north of Harmony Road. The requested zoning is the IL Limited Industrial District. APPLICANT: New Note Partnership OWNER: Same c/o Jack Blake, Managing Partner P. 0. Box 429 Fort Collins, CO 80522 Items Relating to the Koldeway Annexation and Zoning. A. Resolution 89-61 Setting Forth Findings of Fact and Determinations Regarding the Koldeway Annexation. B. Hearing and First Reading of Ordinance No. 44, 1989, Annexing Approximately 8.1 Acres Known as the Koldeway Annexation. C. Hearing and First Reading of Ordinance No. 45, 1989, Zoning Approximately 8.1 Acres Known as the Koldeway Annexation, into the BP Planned Business District. This is a request to annex and zone approximately 8.1 acres, located at the northwest corner of I-25 and Harmony Road. The requested zoning is the BP Planned Business District. APPLICANT: Arthur T. Koldeway OWNER: Same 6229 Co. Rd. 13 Loveland, CO 80537 Items Pertaining to the Skyview Ltd Annexation and Zoning A. Resolution 89-62 Setting Findings of Fact and Determinations Regarding the Skyview Ltd. Annexation. B. Hearing and First Reading of Ordinance No. 46, 1989, Annexing Approximately 42 Acres, Known as the Skyview Ltd. Annexation. C. Hearing and First Reading of Ordinance No. 47, 1989, Zoning Approximately 42 Acres, Known as the Skyview Ltd. Annexation, into the B-P, Planned Business, Zoning District with a PUD Condition. This is a request to annex and zone approximately 42.0 acres located west of South College Avenue and north of the Skyview Subdivision. The requested zoning is the B-P, Planned Business Zoning District with a PUD condition. The property is presently undeveloped. The property 1 -169- March 21, 1989 24 P&ffl is currently zoned C-Commercial and FA -Farming in the County. This is a voluntary annexation. APPLICANT: James P. Ryan OWNER: Same 1355 S. Colorado Blvd. Denver, CO 80222 Items Pertaining to the Harmony -Taft Hill Annexation and Zoning. First Reading of Ordinance No. 48, 1989, Annexing Approximately 187.75 Acres, Known as the Harmony -Taft Hill Annexation. First Reading of Ordinance No. 49, 1989, Zoning Approximately 187.75 Acres, Known as the Harmony -Taft Hill Annexation. This is a request to annex and zone approximately 187.75 acres located south of Harmony Road and east of Taft Hill Road. The requested zoning is the R-L-P Low Density Planned Residential District. The property is essentially undeveloped with the exception of the Apostolic Faith Assembly & Lighthouse Church located on Harmony Road. This is an enclave annexation. APPLICANT: City of Fort Collins OWNERS: Free Enterprises, Inc. 1803 Garfield Loveland, CO 80537 G. D. McGarvey Lee Stark 931 Poudre Canyon Bellvue, CO 80512 Apostolic Faith Assembly & Lighthouse 1621 W. Harmony Road Fort Collins, CO 80526 The applicant and owner, the City of Fort Collins, is requesting annexation of approximately 5.48 acres located west of Overland Trail and south of Mulberry Street (extended). The proposed Resolution makes a finding that the annexation substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. -170- 26. NA March 21, 1989 The property being considered for annexation has, for a period of not less than three (3) years, been completely surrounded by property contained within the boundaries of the City of Fort Collins. The property being considered for annexation is approximately 80.79 acres in size and is located south of Harmony Road and west of Timberline Road. The proposed Resolution determines that it is in the best interest of the citizens of the City to annex the area and that the annexation complies with the Municipal Annexation Act. The Resolution also determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. A public hearing on the annexation is not required by Colorado law. The property being considered for annexation has, for a period of not ' less than three (3) years, been completely surrounded by property contained within the boundaries of the City of Fort Collins. The property being considered for annexation is approximately 30.69 acres in size and is located north of Harmony Road and west of Timberline Road. The proposed Resolution determines that it is in the best interest of the citizens of the City to annex the area and that the annexation complies with the Municipal Annexation Act. The Resolution also determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. A public hearing on the annexation is not required by Colorado law. 28. Resolution 89- The City of Fort Collins is the applicant and owner of the property to be annexed, which is 46 acres, located north of Prospect, 1/2 mile east of Timberline Road. The proposed Resolution- makes a finding that the proposed annexation substantially complies with the Municipal Annexation Act as a municipally -owned property that can be annexed by ordinance without I notice and hearing. -171- March 21, 1989 ' 29. The Resolution would authorize the Director of Purchasing and Risk Management to enter into a professional services agreement with Black and Veatch Engineers for the design and construction administration for expansion of the Water Quality Laboratory. More space and additional equipment are necessary for the City to comply with new requirements of the federal Safe Drinking Water Act. 30. Resolution 89-68 Approving Rental Rates for Surplus Water for the 1989 Season. This resolution would approve rates for the rental of the City's surplus raw water. Rental rates are set annually by City Council after review and recommendation by the Water Board. 31. Inc. Pro.iect. Carson, Burger & Weekly, Inc. ("C/B/W") and Lawcar, Inc. submitted an ' application to the City for an Inducement Resolution in the amount of $1,400,000. The Resolution would induce the partnership to acquire and develop land through the construction and equipping of a 45,000 square foot manufacturing facility. The proposed building would be owned by Lawcar, Inc. and would be leased to C/B/W for the manufacture of automated plastic parts handling machinery. The facility will be located on a 6.38 acre site south and west of the Horsetooth and Timberline Roads intersection in southeast Fort Collins. 32. C/B/W is an 18-year-old company which designs and constructs automation equipment for the plastics industry. The company provides equipment to plastic container companies through North America and expects to further expand its markets in Europe, Australia, and South America. The company would relocate its operation which is presently located in Lawrence, Kansas. The first waiver request pertains to a parcel of land located south of Terry Lake Reservoir at the "Y" intersection of. Highway 287 and Highway 1, known as the Collamer property. The parcel is 3.06 acres -172- March 21, 1989 and the proposed use is for retail supplies. sales of pet, livestock, and tack The property is currently served by a septic system. The closest public sewer is a City of Fort Collins sewer line approximately 2,000 feet to the south in the area of Willox Lane. It is significant to note that this sewer line is separated from the Collamer parcel by the Eaton Ditch, a major obstacle for a sewer line. The applicant is also requesting a waiver from the requirement that at least 1/6th of the proposed development's boundary be contiguous to existing development, or be located between the municipality and existing development and provided service by the municipality. 33. Routine Deeds and Easements A powerline easement is submitted for Council's approval. The easement is granted from Christa J. Sarrazin to underground new streetlight services located at 1916 Oakwood Drive. Consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. Item #7. Item #8. Se Pi Item #9. A. B. Item #10. A. B. -173- March 21, 1989 I Item #11. A. B. Second Reading of Ordinance No. 29 1989 Zoning Approxi- mately 110.6 Acres Known as Highway I-25 First Annexation into the I-L Limited Industrial District. Item #12. Second Reading of Ordinance No. 30 1989 Appropriating Unantici- vated Revenue of $35,000 from the Colorado Division of Highway Safety for the Fort Collins Drunk Driving Enforcement Program Item #13. Second Reading of Ordinance No 31 1989 Amending Chapter 3 of the Code of the City of Fort Collins Relating to Alcoholic Beverages. Item #14. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #15. Hearing and First Reading of Ordinance No 34 1989 Appropri- ating Unanticipated Revenue of $40 903 from the Colorado Di- vision of Criminal Justice for the Fort Collins Police Services ' Narcotics Investigations Program Item #16. Hearing and First Reading of Ordinance No 35 1989 Appropri- ating Prior Year Reserves. of $15 000 for the Lease/Purchase of Police Equipment. Item #17. Hearing and First Reading of Ordinance No 36 1989 Amending Section29-644, of the City Code (This section of the Zoning Code regulates the procedures and submittal requirements for Minor Subdivisions). Item #18. Hearing and First Reading of Ordinance No 37 Rezoning 34.25 Acres of the Emerson Acres Subdivision From R-L-P Low Densitv Planned Residential (With PUD Condition) to R-L-P (Without PUD Condition). Item #19. B. C. Hearing and First Reading of Ordinance No 39 1989 Zoning Approximately 5.3 Acres Known as the Lyal Nelson Annexation into the RLP Low Density Planned Residential District Item #20. B. Hearing and First Reading of Ordinance No 40 1989 Annexing ' Approximately 149.8 Acres Known as New Note Partnership First Annexation. -174- C. planned unit development condition. Item #21. B. C. Item #22. B. C. Item #23. B. C. March 21, 1989 Item #24 A. First Reading of Ordinance No. 48, 1989, Annexing Aooroxi- imately 187.75 Acres, Known as the Harmony -Taft Hill Annex- ation. B. First Reading of Ordinance No. 49, 1989, Zoning Approximately 187.75 Acres, Known as the Harmony -Taft Hill Annexation. Councilmember Mabry made a motion, seconded by Councilmember Edwards, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. 1 Ordinance No. 22, 1989, Appropriating $25,000 Contributed to the City by the Developer of Arbor Commercial Plaza SID #88 in June of 1986, as a Mitigation ' Payment for Impacts of the Development upon the Environment and Wildlife Habitat, Adopted -175- March 21, 1989 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY In June of 1986, the developer of Arbor Plaza PUD contributed $25,000 to the City as mitigation for the disturbance of the Mail Creek Drainage and its associated vegetation. As of this date, none of these funds have been used for mitigation activities. Staff intends that the benefits accruing to the community from these funds be maximized by using the funds on a variety of projects, and when possible, as "seed money" to help foster the initiation or success of individual projects. This Ordinance, which was unanimously adopted on First Reading on February 21, appropriates these funds. The funds will be placed in the Capital Projects Fund for wildlife habitat mitigation." Councilmember Kirkpatrick made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 22, 1989 on Second Reading. Janie Hennen, 500 Palmer Drive, representing Fairway Estates Association Board, expressed concern regarding the trash and silt build-up in the pond and she requested that money be spent in the neighborhood and in the area to resolve the problem. David Meyer, 2700 Virginia Dale Drive, presented suggestions on how the funds could be spent. David Meyer's son, 2700 Virginia Dale Drive, suggested the funds be used for clean-up work and re -stocking the fish. Lois Termeer, 5201 Greenview Drive, spoke in favor of the funds spent in the area. Councilmember Horak encouraged funds be spent to resolve the problems at Mail Creek. He agreed with the open space funds issue and stressed the importance of the funds being used for the Wetland area (the original proposal site for PACE). He suggested that the Natural Resources Department more closely examine potential projects and return to Council with direction regarding what should be done. The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 22, 1989 on Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 23, 1989, Appropriating ' Unanticipated Revenue in the Federal Aid to Urban Systems (FAUS) Fund Adopted -176- March 21, 1989 Following is staff's memorandum on this item: "FINANCIAL IMPACT On February 21, Council adopted by a vote of 6-1 Resolution 89-42 authorizing the approval of an Intergovernmental Agreement with the State Department of Highways allocating $450,000 of Federal Aid Urban Systems (FADS) money and $9,000 Local Agency Non -Participating Funds for the Computer System Expansion Project. The City of Fort Collins has received federal and state approval to use Federal Aid Urban Systems money, totaling $450,000 for the continued expansion of the computerized traffic signal system. These grant funds are to be used for engineering, material procurement, and installation of the system expansion. This Ordinance, which was adopted 6-1 on First Reading on February 21, appropriates the funds for this project." Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 23, 1989 on Second Reading. Acting Transportation Administrator Rita Davis gave a brief presentation and responded to questions from Council. Councilmember Kirkpatrick stated she would support the Ordinance and ' indicated the importance of traffic signalization in the city. She expressed the need for additional funds for major intersections that meet the criteria for signalization. Councilmember Mabry noted he would not support the Ordinance due to the absence of discussion regarding the effect on the flow of traffic throughout the city. Councilmember Horak commented on the importance of traffic safety when considering additional funds for signalization and stated he would support the motion. Councilmember Maxey commented on the Link Lane and Highway 14 signalization project. The vote on Councilmember Maxey's motion to adopt Ordinance No. 23, 1989 on Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Mabry. THE MOTION CARRIED. Items Relating to New Note Partnership First Annexation and Zoning Following is staff's memorandum on this item: I I -177- March 21, 1989 "EXECUTIVE SUMMARY A. Resolution 89-59 Setting Forth Findings of Fact and Determinations Regarding New Note Partnership First Annexation. B. Hearing and First Reading of Ordinance No. 40, 1989, Annexing Approximately 149.8 Acres Known as New Note Partnership First Annexation. C. Hearing and First Reading of Ordinance No. 41, 1989, Zoning Approximately 149.8 Acres Known as New Note Partnership First Annexation, into the IL Limited Industrial District, with a planned unit development condition. This is a request to annex and zone approximately 149.8 acres, located east of Hewlett-Packard and north of Harmony Road. The requested zoning is the IL Limited Industrial District. APPLICANT: New Note Partnership OWNER: Same c/o Jack Blake, Managing Partner P. 0. Box 429 Fort Collins, CO 80522 BACKGROUND The applicant and owner, New Note Partnership, has submitted a written petition requesting annexation of approximately 149.8 acres, located east of Hewlett-Packard and north of Harmony Road. This is a voluntary annexation. 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 annex 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 boundary with the Harmony 5th Annexation to the west and the Stute #1 Annexation to the south. The requested zoning for this annexation is the IL, Limited Industrial District. The IL District designation is for light industrial uses. Given the property's location adjacent to I-25 and its proximity to the- Harmony Road interchange, the eventual development of industrial and commercial land uses is probable. According to the City's Land Use Policies Plan, industrial and commercial uses should locate near transportation facilities that offer adequate access without creating demands which exceed -the capacity of the existing transportation network, and in areas where adequate utilities can be provided. This site addresses these locational policies. State law requires that within ninety days of when property is annexed, it is given a zoning designation. The proposed ' zoning is consistent with the City's Comprehensive Plan and the existing zoning in the area. There are no immediate development plans for the property. -178- March 21, 1989 FINDINGS: I 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. The requested IL Limited Industrial District is in conformance with the policies of the City's Comprehensive Plan. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board heard this request at its regular monthly meeting on March 6, 1989 and voted 7-0 to recommend approval of the annexation and the IL Limited Industrial Zoning, with a planned unit development condition." Councilmember Mabry withdrew from discussion and vote on this item due to the new information that was presented. Eldon Ward, consultant, Cityscape Urban Design,. Inc. representing the applicant requested that the PUD conditions be removed from the Zoning I Ordinance. Debra Moyer recommended that PUD conditions be applied. Planning Director Tom Peterson gave a brief presentation and responded to questions from Council. Councilmember Kirkpatrick noted the importance of the zoning description and stated she would support the Ordinance. Councilmember Edwards commented on the PUD conditions and encouraged adequate design guidelines be established. Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt Resolution 89-59. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 40, 1989 on First Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) ' THE MOTION CARRIED. -179- March 21, 1989 Councilmember Horak made a motion, seconded by adopt Ordinance No. 41, 1989 on First Reading Azari, Edwards, Horak, Kirkpatrick, Maxey, an THE MOTION CARRIED. d Items Relating to New Note Partnership Second Annexation and Zoning Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Resolution 89-60 Setting Forth Findings of Fact and Determinations Regarding New Note Partnership Second Annexation. Hearing and First Reading of Ordinance No. 42, 1989, Annexing Approximately 97 Acres Known as New Note Partnership Second Annexation. Hearing and First Reading of Ordinance No. 43, 1989, Zoning Approximately 97 Acres Known as New Note Partnership Second Annexation, into the IL Limited Industrial District, with a planned unit development condition. This is a request to annex and zone approximately 97 acres, located west of 1-25 and north of Harmony Road. The requested zoning is the IL Limited Industrial District. APPLICANT: New Note Partnership OWNER: Same c/o Jack Blake, Managing Partner P. 0. Box 429 Fort Collins, CO 80522 BACKGROUND The applicant and owner, New Note Partnership, has submitted a written petition requesting annexation of approximately 97 acres, located west of 1-25 and north of Harmony Road. This is a voluntary annexation. 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 annex 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 boundary with the New Note Partnership First Annexation to the south. The requested zoning for this annexation is the IL, Limited Industrial District. The IL District designation is for light industrial uses. Given the property's location adjacent to 1-25 and its proximity to the Harmony Road interchange, the eventual development of industrial and commercial March 21, 1989 land uses is probable. According to the City's Land Use Policies Plan, industrial and commercial uses should locate near transportation facilities that offer adequate access without creating demands which exceed the capacity of the existing transportation network, and in areas where adequate utilities can be provided. This site addresses these locational policies. State law requires that when property is annexed, it is given a zoning designation. The proposed zoning is consistent with the City's Comprehensive Plan and the existing zoning in the area. There are no immediate development plans for the property. FINDINGS: 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. The requested IL Limited Industrial District is in conformance with the policies of the City's Comprehensive Plan. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board heard this request at its regular monthly meeting on March 6, 1989 and voted 7-0 to recommend approval of the annexation and the IL Limited Industrial Zoning, with a planned unit development condition." Councilmember Mabry withdrew from discussion and vote on this item due to the new information presented. Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey to adopt Resolution 89-60. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Edwards to adopt Ordinance No. 42, 1989 on First Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. -181- March 21, 1989 Councilmember Edwards made a motion, seconded by Councilmember Maxey to adopt Ordinance No. 43, 1989 on First Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Items Relating to the Koldeway Annexation and Zoning Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Resolution 89-61 Setting Forth Findings of Fact and Determinations Regarding the Koldeway Annexation. B. Hearing and First Reading of Ordinance No. 44, 1989, Annexing Approximately 8.1 Acres Known as the Koldeway Annexation. C. Hearing and First Reading of Ordinance No. 45, 1989, Zoning Approximately 8.1 Acres Known as the Koldeway Annexation, into the BP Planned Business District. This is a request to annex and zone approximately 8.1 acres, located at the northwest corner of I-25 and Harmony Road. The requested zoning is the BP ' Planned Business District. APPLICANT: Arthur T. Koldeway OWNER: Same 6229 Co. Rd. 13 Loveland, CO 80537 BACKGROUND The applicant and owner, Arthur T. Koldeway, has submitted a written petition requesting annexation of approximately 8.1 acres, located northwest of I-25 and Harmony Road. The property is the site of a restaurant, furniture store and automobile repair shop. This is a voluntary annexation. 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 annex 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 boundary with the New Note Partnership First Annexation to the north and west. The requested zoning for this annexation is the BP, Planned Business District. The BP District provide business services. designation is for Permitted uses in areas this planned as a unit to zone are residential ' uses and child care centers. Business -related uses would require planned -182- March 21, 1989 unit development approval. The proposed zoning is consistent with the ' kinds of uses that would be expected to locate at the intersection of a state highway and an interstate route. The existing uses would become non -conforming uses at the time of annexation. State law requires that within 90 days of when property is annexed, it is given a zoning designation. The proposed zoning is consistent with the City's Comprehensive Plan and the existing zoning in the area. There are no immediate development plans for the property. FINDINGS: 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. The requested BP Planned Business District is in conformance with the policies of the City's Comprehensive Plan. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board heard this request at its regular monthly I meeting on March 6, 1989 and voted 7-0 to recommend approval of the annexation and zoning." Councilmember Mabry made a motion, seconded by Councilmember Horak, to adopt Resolution 89-61. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 44, 1989, on First Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 45, 1989, on First Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Staff Reports City Manager Burkett extended congratulations to the new, CounciImembers and I welcomed the returning Councilmembers. -183- March 21, 1989 Items Relating to Interstate Lands First Annexation Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Resolution 89-70 Setting Forth Findings of Fact and Determinations Regarding Interstate Lands First Annexation. Hearing and First Reading of Ordinance No. 50, 1989, Annexing Approximately 20.5 Acres Known as Interstate Lands First Annexation. This is a request to annex approximately 20.5 acres located west of I-25 and north of Prospect Road. The property is presently undeveloped. This is a voluntary annexation. There is an annexation agreement which defines the developer's and the City's responsibilities regarding storm drainage improvements, street improvements, access and utility services affecting the future development of this property. The proposed agreement is attached. APPLICANT: G.T. Land Colorado, Inc. OWNER: Overlook Farm, Inc. c/o Cityscape Urban Design 3555 Stanford Road 3030 South College, Suite 200 Suite 100 Fort Collins, CO 80525 Ft. Collins, CO 80525 The owner, Overlook Farm Inc., has submitted a written petition requesting annexation of approximately 192.4 acres located west of I-25 and north of Prospect Road. In order to establish contiguity, the area to be annexed has been divided into two separate annexations,, Interstate Lands First Annexation, consisting of 20.5 acres, and Interstate Lands Second Annexation, consisting of 171.9 acres. This is a voluntary annexation. The property is presently undeveloped. There is an annexation agreement which defines the developer's and the City's responsibilities regarding storm drainage improvements, street improvements, access and utility services affecting the future development of this property. The proposed agreement is attached. 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 annex 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 boundary with the Sludge Farm Annexation to the south. FINDINGS: The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins -184- March 21, 1989 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. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board heard the request at its regular monthly meeting on January 30, 1989, and voted 5-0 to recommend approval of the annexation." City Planner Sherry Albertson -Clark gave brief presentation and responded to questions from Council. Ward Luthi, 1701 Broadview, had questions regarding the use of the proposed annexation site being as a shopping mall. Eldon Ward, consultant, Cityscape Urban Design, Inc. commented on the master plan design for the site and noted the potential uses of the property. Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt Resolution 89-70. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. I THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 50, 1989 on First Reading. Yeas: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to Interstate Lands Second Annexation Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Resolution 89-71 Setting Forth Findings of Fact and Determinations Regarding Interstate Lands Second Annexation. B. Hearing and First Reading of Ordinance No. 51, 1989, Annexing Approximately 171.9 Acres Known as Interstate Lands Second Annexation. This is a request to annex approximately 171.9 acres located west of I-25 and north of Prospect Road. The property is presently undeveloped. This ' is a voluntary annexation. There is an annexation agreement which defines the developer's and the City's responsibilities regarding storm drainage improvements, street improvements, access and utility services affecting -185- March 21, 1989 the future development of this property. The proposed agreement is attached. APPLICANT: G.T. Land Colorado, Inc. OWNER: Overlook Farm Inc. c/o Cityscape Urban Design 3555 Stanford Road 3030 South College, Suite 200 Suite 100 Fort Collins, CO 80525 Fort Collins, CO 80525 BACKGROUND The owner, Overlook Farm Inc., has submitted a written petition requesting annexation of approximately 192.4 acres located west of 1-25 and north of Prospect Road. In order to establish contiguity, the area to be annexed has been divided into two separate annexations, Interstate Lands First Annexation, consisting of 20.5 acres, and Interstate Lands Second Annexation, consisting of 171.9 acres. This is a voluntary annexation. The property is presently undeveloped. There is an annexation agreement which defines the developer's and the City's responsibilities regarding storm drainage improvements, street improvements, access and utility services affecting the future development of this property. The proposed agreement is attached. 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 annex 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 boundary with the Interstate Lands First Annexation to the south. FINDINGS: 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. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board heard the request at its regular monthly meeting on January 30, 1989, and voted 5-0 to recommend approval of the annexation." Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt Resolution 89-71. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. ' THE MOTION CARRIED. ffm March 21, 1989 Councilmember Azari made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 51, 1989 on First Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 52, 1989, Zoning Approximately 34.6 Acres Known as Interstate land, Tract A Zoning, to the R-P Planned Residential District. Adopted on First Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY This is a request to zone approximately 34.6 acres located west of 1-25 and north of Prospect Road into the R-P Planned Residential District. Staff recommends that a planned unit development condition be attached to the Zoning Ordinance. The property is presently undeveloped. APPLICANT: Cityscape Urban Design OWNERS: Overlook Farm Inc. 3030 South College #200 3555 Stanford Rd. Fort Collins, CO 80525 Fort Collins, CO 80525 BACKGROUND The applicant, Cityscape Urban Design Inc., on behalf of the owner, Overlook Farm Inc., has submitted a written petition requesting zoning of approximately 34.6 acres west of 1-25 and north of Prospect Road into the R-P Planned Residential District. The property is presently undeveloped. The property is being annexed into the city limits as part of Interstate Lands Second Annexation. The zoning request is being heard separately because of overlapping and inconsistent boundary lines which define Interstate Lands First and Second Annexations and Tracts A and B, which have different zoning designations. The R-P Planned Residential District designation is for areas planned as a unit to provide a variation in use and building placement. The property will probably eventually develop at a moderate residential density. According to the City's LAND USE POLICIES PLAN, higher density residential uses should locate near the core area, regional/community shopping centers, the CSU main campus, or the hospital; within close proximity to community or neighborhood park facilities; where water and sewer facilities can be adequately provided; within easy access to major employment centers; with access to public transportation; and in areas with provisions for alternate modes of transportation. This site addresses most of these locational policies. The policies also indicate that higher density residential uses should locate in planned unit developments. I 187- March 21, 1989 I FINDINGS: The requested R-P Planned Residential District is in conformance with the policies of the City's Comprehensive Plan. 2. A planned unit development condition is appropriate for this zoning to ensure design compatibility with surrounding land uses. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board heard the zoning request at its regular monthly meeting on January 30, 1989, and voted 5-0 to recommend approval of the zoning with a planned unit development condition." Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 52, 1989 on First Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 53, 1989, Zoning Approximately 157.8 Acres Known as Interstate Land, Tract B Zoning, to the H-B Highway ' Business District Adopted on First Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY This is a request to zone approximately 157.8 acres located west of I-25 and north of Prospect Road into the H-B Highway Business District. Staff recommends that a planned unit development condition be attached to the Zoning Ordinance. The property is presently undeveloped. APPLICANT: Cityscape Urban Design, Inc. OWNERS: Overlook Farms, Inc. 3030 South College #200 3555 Stanford Rd. Fort Collins, CO 80525 Fort Collins, CO 80525 BACKGROUND The applicant, Cityscape Urban Design Inc., on behalf of the owner, Overlook Farm Inc., has submitted a written petition requesting zoning of approximately 157.8 acres west of I-25 and north of Prospect Road into the H-B Highway Business District. The property is presently undeveloped. The property is being annexed into the city limits as part of Interstate Lands Second Annexation. The zoning request is being heard separately ' because of overlapping and inconsistent boundary lines which define Interstate Lands First and Second Annexations and Tracts A and B, which have different zoning designations. am March 21, 1989 The H-B Highway Business District designation is for automobile oriented businesses. The master plan proposed for Interstate Lands indicates a regional/community shopping center along with highway oriented business service uses located near I-25. According to the City's LAND USE POLICIES PLAN, regional/community shopping centers should locate in areas which are easily accessible to existing or planned residential areas; near transportation facilities that offer the required access without exceeding the capacity of the existing and future transportation network of the City; where they can be served by public transportation; and in areas served by existing water and sewer facilities. The policies also state that transitional land uses or greenbelts should be provided between residential neighborhoods and commercial areas to enhance the concept of a mixture of land uses. This site addresses these locational policies. FINDINGS: 1. The requested H-B Highway Business District is in conformance with the policies of the City's Comprehensive Plan. 2. A planned unit development condition is appropriate for this zoning to ensure design compatibility with surrounding land uses. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board heard the zoning request at its regular monthly meeting on January 30, 1989, and voted 5-0 to recommend approval of the zoning with a planned unit development condition." Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 53, 1989 on First Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Items Related to the Noel Annexation and Zoning Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Resolution 89-72 Setting Forth Findings of Fact and Determinations Regarding the Noel Annexation. B. Second Reading of Ordinance No. 6, 1989 Annexing Approximately 287.5 Acres Known as the Noel Annexation. C. Second Reading of Ordinance No. 7, 1989 Zoning Approximately 287.5 Acres of the Noel Annexation into the R-F Foothills Residential District. 0t:1`]I March 21, 1989 J On February 21 on First Reading, Council adopted Ordinance N vote of 6-0 and adopted Ordinance No. 7, 1989 as amended by Ordinance No. 7, 1989 was amended to zone the entire Noel R-F Foothills Residential District. o. 6, 1989 by a a vote of 5-1. parcel into the This is a request to annex and zone approximately 287.5525 acres located west of Overland Trail and north of West Prospect Road (extended). Approximately 4.6123 acres of the annexation is owned by the City of Fort Collins and is the location of a water storage tank. The initial zoning request was in two parts: 1) 187.5420 acres of R-F Foothills Residential for the western portion of the property; and 2) 100.0105 acres of R-L-P Low Density Planned Residential for the eastern portion of the property; and was further conditioned by specific density and design conditions contained in an Annexation Agreement. The property owner has submitted a revised zoning request for: 1) Approximately 48 acres of R-L-P; and 2) Approximately 239 acres of RF, with a total density limit of 430 dwelling units. The property is presently undeveloped. This is a voluntary annexation. APPLICANT: Gefroh-Hattman Inc. 135 West Swallow Rd. Fort Collins, CO Amended Zoning Request OWNERS: Wallace Noel 253 Grey Rock Rd. Laporte, CO City of Fort Collins In a letter dated March 8, 1989, Mr Wallace Noel proposed a change to the zoning of his property to reduce his initial request of 587 total units to 430 total units. A copy of Mr. Noel's March 8 letter is attached. A copy of a March 9 staff memorandum discussing Mr. Noel's proposed compromise is also attached." Councilmembers Edwards and Kirkpatrick withdrew from discussion and vote on this item due to a perceived conflict of interest. Chief Planner Ken Waido gave a brief presentation and responded to questions from Council. Mr. Waido reviewed the significant events related to the Fort Collins Urban Growth Area Foothills policies and the Noel Annexation. Brad Edwards, 2828 Cherry Lane, representing Poudre Canyon Sierra Club, expressed concern regarding the justifications for including the Noel property in the U.G.A. Yolonda Nicely, 1625 Crestmore Place, read a letter regarding the population encroachment into the foothills and spoke of twenty-three signatures urging the Noel property be kept as open space. -190- March 21, 1989 Rex Miller, 3833 Spruce, commented on the original plats that were approved ' by the County that brought about the changes in the Urban Growth Area. Ward Luthi, President of Citizen Planners, encouraged protection of the unique natural resources of the environment. Debra Moyer, Fort Collins resident, commented on the number of houses per acre that were proposed to be built on the property. Wally Noel, 253 Grey Rock Road, Laporte, commented on the amount of units adjoining his property, his desire to preserve the foothills, and indicated his intention to build a subdivision, subject to all PUD policies. Councilmember Mabry commented on the public involvement and the effort to balance the needs of the community and the property owner. He noted his support for the R-F zoning policy and stated he would support the annexation and the zoning. Councilmember Azari commented on the Urban Growth Area Agreement between the City and the County and the combined effort to maintain the environment. She stated she would support the annexation and zoning. Councilmember Maxey commented on the incompatibility problems regarding the development of the property. ' Councilmember Horak commented on the importance of working on the annexation and zoning issues regarding the property. Mayor Winokur noted the property's eligibility for annexation and his support for the motion. He commented on the clearness of the Foothills policy and the U.G.A. Agreement regarding the provisions for the R-F Zoning. Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt Resolution 89-72. Yeas: Councilmembers Azari, Horak, Mabry, Maxey, and Winokur. Nays: None. (Councilmembers Edwards and Kirkpatrick withdrawn) THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 6, 1989 on Second Reading as amended in Section 4. Yeas: Councilmembers Azari., Horak, Mabry, Maxey, and Winokur. Nays: None. (Councilmembers Edwards and'Kirkpatrick withdrawn) THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Maxey, to I adopt Ordinance No. 7, 1989 on Second Reading•as amended in Section 4. Yeas: Councilmembers Azari, Horak, Mabry, Maxey, and Winokur., Nays: None. (Councilmembers Edwards and Kirkpatrick withdrawn) -191- March 21, 1989 ITHE MOTION CARRIED. City Attorney Roy noted in paragraph seven of the annexation agreement refers to the maximum density of 587 units, and noted that in view of the zoning ordinance the number should be changed to 287 units to eliminate any inconsistency between the zoning ordinance and the proposed annexation agreement. Items Related to the Fort Collins/Loveland Water District Pump Station Annexation and Zoning Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Resolution 89-73 Setting Forth Findings of Fact and Determinations Regarding the Fort Collins/Loveland Water District Pump Station Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 54, 1989, Annexing Approximately .171 Acres, Known as the Fort Collins/Loveland Water District Pump Station Annexation and Zoning. ' C. Hearing and First Reading of Ordinance No. 55, 1989, Zoning Approximately .171 Acres, Known as the Fort Collins/Loveland Water District Pump Station Annexation and Zoning, Into the R-F, Foothills Residential, Zoning District. This is a request to annex and zone approximately .171 acres located west of Overland Trail and north of Prospect Road. The requested zoning is the R-F, Foothills Residential District. The property is presently developed and is the location of the water district's pump station. This is a voluntary annexation. APPLICANT: Ft. Collins/Loveland Water District OWNER: Same 4700 S. College Avenue Ft. Collins, CO 80525 The applicant and owner, the Fort Collins/Loveland Water District, has submitted a written petition requesting annexation of approximately .171 acres located west of Overland Trail and north of Prospect Road. The requested zoning is the R-F, Foothills Residential District. The property is presently developed and is the location of the water district's pump ' station. This is a voluntary annexation. -192- March 21, 1989 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 annex property in the UGA when the property is eligible for annexation according to State law. The property will gain its required 116 contiguity to existing city limits from a common boundary with the Noel Annexation to the east, south, and west when the City Council approves the Noel Annexation. The requested zoning for this annexation is the R-F, Foothills Residential District. The R-F District designation is for properties located near the foothills. The water district's pump station is an allowed use -by -right in the R-F zone. 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 February 7, 1989, the City Council adopted Resolution 89-19 accepting the annexation petition and determining that the petition is in compliance with State law. The resolution also initiated the annexation process for this property by establishing the date, time and place of the public hearing and the first readings of the Ordinances annexing and zoning the area. 4. The requested R-F, Foothills Residential District is in conformance with the policies of the City's Comprehensive Plan_. 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 of January 23, 1989, voted to recommend approval of the annexation and requested zoning as part of its Consent Agenda." Chief Planner Ken Waido gave a brief presentation and responded to questions from Council. Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt Resolution 89-73. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. -193- March 21, 1989 THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 54, 1989 on Second Reading as amended in Section 1. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 55, 1989 on Second Reading as amended in Section 1. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Items Pertaining to the Ridge Annexation and Zoning Following is staff's memorandum on this item: "EXECUTIVE SUMMARY ' A. First Acres, Reading of Ordinance No. 56, 1989, Annexing Known as the Ridge Annexation. Approximately 187.66 B. First Reading of Ordinance No. 57, 1989, Zoning Approximately 187.65 Acres, Known as the Ridge Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. This is a request to annex and zone approximately 187.66 acres located south of Harmony Road and west of Shields Street. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. This is the annexation of an enclave area. The property is presently developed residentially as part of the Ridge PUD and various other residential properties along Shields Street. Existing signs on the property will need to conform to the City's Sign Code at the conclusion of a five year amortization period. APPLICANT: City of Fort Collins OWNERS: See attached list. BACKGROUND 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 annex property in the UGA when the property is eligible for annexation according to State law. ' The area to be annexed is a county enclave. The following annexations to the City of Fort Collins created the enclave: -194- March 21, 1989 N: Horsetooth-Harmony West Annexation, June 1980 , E Voc Tech/Smith Annexation, February 1986 S: Seven Springs/Hahn Annexation, April 1986 W: Seven Springs/Hahn Annexation, April 1986 This area will be eligible for involuntary annexation into the city any time after April 1, 1989. Staff initiated the annexation process in order to complete the process at the April 4, 1989, City Council meeting. On January 31, 1989, staff sent a letter to the property owners informing them of the pending annexation, potential zoning district designation, information about City electric rates in comparison to REA rates, and the meeting date of review by the Planning and Zoning Board. A copy of the letter and the included information is attached. A key to the timing of this annexation is the date of April 22, 1989. At that time the compensation payment the City must make to REA changes and customers annexed into the City before April 22 can save significant amounts on their monthly electric bills. Staff received several subsequent phone calls and met personally with several property owners to discuss the issues related to the annexation. Zoning: The requested zoning for this annexation is the R-L-P, Low Density Planned Residential Zoning District. The R-L-P District designation is for areas ' planned as a unit to provide variation in use, density and building placement. The property is currently developed residentially as part of the Ridge PUD and various other residential properties located along Shields Street. There is the potential for some redevelopment of properties along Shields Street. The R-L-P zone would allow the development of detached single-family homes through the subdivision process. Any higher density residential uses and/or non-residential development in the R-L-P zone would have to be proposed as a PUD and reviewed against the criteria of THE LAND DEVELOPMENT GUIDANCE SYSTEM. Findings: 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 annexation by the City of Fort Collins. 3. On February 7, 1989, the City Council passed Resolution 89-27 setting forth the intent to annex this property. The Resolution also indicated that the first readings of the ordinances annexing and zoning the property will be considered by the City Council on March 21, 1989. ' Second readings will be considered on April 4, 1989. 195- March 21, 1989 I 4. The requested R-L-P Zoning District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval of the annexation and R-L-P zoning. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting on February 27, 1989, voted 7-0 to recommend approval of the annexation and R-L-P zoning. A copy of the Board's minutes is attached. Several property owners asked questions and raised issues about the annexation at the Planning and Zoning Board meeting. These are discussed below. Kilminster - Bee Keeping Issue. Mr. Al Kilminster, property owner and resident included in the annexation, indicated that he raises bees on his property and asked if the keeping of bees was allowed under City Code. City Code Chapter 4, Animals and Insects, Division 2. Bees, contains Section 4-226. Keeping of bees prohibited., which states: "The keeping by any person of bee hives in the city is declared to be a ' menace to the health and safety of the residents of the city and is hereby declared a nuisance and prohibited." Staff investigated the possibility of allowing the continuation of the keeping of the bees under the non -conforming use provision of the zoning code. However, the common law, while providing for the continuation of non -conforming uses, does not permit a use which is declared to be a nuisance to be continued under the guise of a non -conforming use. J Since Section 4-226 of City Code declares bees to be a menace to health and safety and a nuisance, the keeping of bees as a non -conforming use would not be allowed. There are two options for the Council to consider in order to deal with the beekeeping issue: 1. Annex the property and require the property owner to remove the bees. 2. Annex the property and amend Section 4-226 to allow the keeping of bees under certain conditions, such as, minimum lot size, set back requirements, requirements for bee fences, etc. We would be able to provide a proposed ordinance to implement this option at the April 4, 1989 Council meeting. -196- March 21, 1989 Thayer - Raising of Livestock Issue I Mr. Sanford Thayer, property owner included in the annexation, indicated his property was actually used for farming operations/the raising of livestock and questioned the impact of the annexation on the continuation of those activities. Again, continuation of legal uses of a property are covered under the non -conforming use provisions of the zoning code. However, Mr. Thayer indicated the type of livestock raised on the property could change from year to year, one year the property could be used to raise cattle, the next year sheep, etc. Mr. Thayer questioned if he ceased to raise a specific type of livestock for a period of a year, or longer, would the zoning code prohibit the reintroduction of that type of livestock at some point in the future. According to City Code, a non -conforming use may not be discontinued for a period of a year, or longer, and be legally reintroduced on the same property at some future date. We recommend that the property be annexed into the R-L-P Zone, and consider the "raising of livestock" the existing use of the property, independent of the specific type of livestock, and allow the continuation of the use under the non -conforming provision of the zoning code. Under this option it would be advisable to enter into an agreement with the landowner stipulating to the species of livestock permitted as a non -conforming use, the maximum number of head of each species, and the maximum aggregate number of head. Also, seasonal usage might be addressed. Such a stipulation would avoid some ' potential for dispute in the future." City Planner Ken Waido gave a brief presentation and responded to questions from Council. Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 56, 1989 on First Reading. Richard Lee, 1400 Hepplewhite, representing Ridge Homeowners' Association Board of Directors, urged adoption of both Ordinances. City Manager Burkett spoke of the difference between hunting and keeping bees in the city limits and commented on previous discussion of revising the Code to allow hunting inside the city. Councilmember Kirkpatrick encouraged dealing with the issue of beekeeping and noted the importance changing the Code to allow beekeeping under specific circumstances. The vote on Councilmember Azari's motion to adopt Ordinance No. 56, 1989 on First Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. ' -197- March 21, 1989 1 Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 57, 1989 on First Reading. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 89-38 Creating a Charter Review Committee: Not Considered Following is staff's memorandum on this item: "EXECUTIVE SUMMARY During the course of discussions on proposed Charter Amendments to be placed before the City voters at the 1989 City election, several issues focusing on the form of government were tentatively identified by Council for future discussion. This Resolution was originally considered on February 7 and was postponed to this date because of timing concerns. The Resolution would create a seven -member citizen Charter Review Committee to study and make recommendations on the City Charter with respect to specific issues ' relating to the form of government. Any Charter amendments proposed by the Committee could be placed on the 1991 regular city election ballot by the City Council. The requirements for appointment to the Committee would be status as a registered voter and residency within the City limits. The Resolution designates two Councilmembers to act as non -voting Committee liaisons. If Council creates the Charter Review Committee, applications for membership on the Committee would be solicited, applicants would be interviewed and screened, and a Resolution appointing the Committee members would be introduced for consideration at the May 16 meeting, with appointments finalized on June 6. The deadline for applications would be May 1 to allow time for the application and interview process. The Committee would begin its work in July and make its final report and recommendations to Council no later than November l." THE RESOLUTION DIED DUE TO LACK OF A MOTION. Other Business Councilmember Maxey noted the significance of the annexations that were brought before Council. aEI� March 21, 1989 Adjournment Councilmember Edwards made a motion, seconded by Councilmember Azari, to adjourn the meeting. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. The meeting adjourned at 11:00 p.m. Mayor ATTEST: Y P -199-