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HomeMy WebLinkAboutMINUTES-10/02/1979-RegularOctober 2, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 2, 1979, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll Call was answered by the following councilmembers: Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. Absent: None Staff Members Present: Arnold, Lanspery, Deagle, Harmon, Griep, Wood, Hays, Steadman, Lee, R. Smith, M. Smith, C. Smith, Krempel and Lewis. Agenda Review: City Manager City Manager, John Arnold, stated that Second Reading of Ordinance No. 109, 1979, had been inadvertently omitted from the Consent Calendar and requested it be added as a Consent Calendar Item. Following is the City Manager's memorandum on this item.. "This ordinance was adopted unanimously on first reading at the September 13th meeting and appropriates $200,407 from reserves to the Park Acquisition Fund. It was inadvertently omitted from the agenda packet." Consent Calendar: These are items of a routine or non -controversial nature, on which a unanimous vote of approval is expected. Anyone may request an item on this calendar be "pulled" off the.consent calendar and considered separately. (The purpose of this calendar is to allow Council to spend its time and energy on more important items). Items on the Consent Calendar are: 1) Ordinances on first reading that are routine. 2) Ordinances on second reading that passed unanimously on first reading; 3) Those of no controversy; 4) Routine administrative actions. - 164 - October 2, 1979 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. 9. Consider Approval o .he Minutes of the Adjourned Meeting of 1 10. Second Reading of Ordinance No. 115 1979 Vacating a Portion 6-fa Utility Easement in Lake Sherwood Subdivision Third Filing. This Ordinance was adopted unanimously on first reading on Septem- ber 18th and vacates a small portion of a utility easement to allow an owner to add a fireplace to his unit. 11. Second Reading of Ordinance No. 116 1979 Vacinq a Portion of a Utility Easement in Lake Sherwood Subd M! iaton,_Third Filing. This Ordinance was adopted unanimously on first reading on Septem- ber 18th and vacates a small portion of a utility easement to allow an owner to add a fireplace to his unit. 12.. Second Reading of Ordinance No 117 1979 Amending the Vehicles and Traffic Ordinance Relating to Parking. This Ordinance was adopted unanimously on first reading on Septem ber 18th and addresses the problem of shuttling of vehicles from parking spaces in a given block. 13. Hearing and First Reading of Ordinance No. 118 1979, Relating to Payments In -Lieu of water Rights and Increasing the Amount of Said Payments. This Ordinance would increase the in -lieu of water rights value from $1,600 to $2,200. 14. Second Reading of Ordinance No 44 1979 Annexing the South College Properties. Staff recommends this Ordinance be tabled until November 6th. 15. Second Reading of Ordinance No 119 1979 Zoning Property Known as the South College Properties. Staff recommends this Ordinance be tabled to November 6th. 16. Ordinance Amending the Uniform Building Code and Uniform Mechan_i= cal Code. - 165 - 1 r October 2, 1979 a. Hearing and First Reading of Ordinance No. _122_, 197.9,_ Amending the Uniform Building Code as it Relates to Light and Venti- b. lation. Hearing and First Reading of Ordinance No. 123, 1979, Amending the Uniform Building Code as it Relates to Usable Space Under C. Floors. Hearing and First Readin of Ordinance No. 124 1979, Amendin the Uniform Building Code as it Relates to Required Exits._ d. Hearing and First Reading of Ordinance No. 125, 1979, Amend- .ing the Uniform Building Code as it Relates to Automatic e. Fire Extinguishing Hearing and First Systems. Reading of Ordinance No. 126, 1979, Amend_ ing the Uniform Building Code as it Relates to Fireplaces. f. Hearing and First Reading of Ordinance No. 127, 1979, Amend- ing the Uniform Mechanical Code as it Relates to Combustion g. _Hearing and First Reading of Ordinance No. 128, 1979, mejd- ing the Uniform Building Code as it Relates to Attic Ven- h. Hearing and First Reading of Ordinance No. 129, 1979,'Amend7 ing the Uniform Building Code as it Relates to Foundation Ventilation. The preceding 8 ordinances are minor changes to the Uniform Building Code and Uniform Mechanical Code and are proposed by the Chief Building Inspector. 17. Routine Deeds and Easements. a. Easement agreement with TK6 Investments for the Warren Sewer Trunk Extension. Consideration: $1.00. b. Power line easement from CSURF for construction of a sub- station tie circuit. Consideration: $228,00.. C. Power line easement from Arlington Pearcy to provide electric service to a four-plex at 1244 Maple St. Consideration: $1.00 d. Agreement of sale and purchase with John and Lucile Anderson for section of the Poudre Trails System. Consideration: $2,000.00. - 166 - 13 19. 20 21 October 2, 1979 e. Easement Agreement with Erma Burton, Vivian Burton, Gail Purath and Judy Burton for a portion of the Poudre Trails System. Consideration: Donation f. Water and Sewer line agreement with C&S Railway to pro- vide utility service to 1240 E. Mulberry St. Consider- ation: Paid by developer. Resolution Authorizing the City to Apply to the Northern Colorado Water Conservancy District for a Temporary Use Permit. This Resolution authorizes the City to apply to NC':1CD for a temporary use permit, pending the approval of the change of the Class "D" allotment contract with NCWCD. Evergreen Park, 3rd Filing, Replat This is a final proposal to replat two existing lots into 4 lots in Evergreen Park, 3rd Filing, located South of Conifer Street. Hearing and First Reading of Ordinance No. 130, 1979, Vacating a Utility Easement at the Foothills Fashion Mall. This ordinance vacates a portion of a 30' utility easement at the Foothills Fashion Mall. Utility Easement from Everwest to Replace a Vacated Easement at the Foothills Fashion Mall. This easement .replaces the easement vacated by the previous ordinance. The following item was removed from the Consent Calendar: Item No. 18: Resolution authorizing the City to apply to the Northern Colorado Water Conservancy District fo a temporary use permit. City Clerk Verna Lewis read the following ordinances on First and Second ,Reading by title. 10. Second Reading of Ordinance No. 115, 1979, Vacating a Por- tion -of a Utility Easement in Lake Sherwood Subdivision, 1hrrd riiin 11. Second Read tion of a U Third Filin rdinance No. 116, 1979, Vacating a Por- asement in Lake Sherwood Subdivision, 1 - 167 - 1 1 October 2, 1979 12. Second Reading of Ordinance No. 117 1979 Amending the Vehicles and Traffic Ordinance Relating to Parking. 13. Hearin and First Reading of Ordinance No. 118, 1979, Re- ating to Payments In -Lieu of Water Rights and Increasing 16. the Amount of Said Payments. Ordinance Amending the Uniform Building Code and Uniform Mechanical Code. a. Hearing and First Reading of Ordinance No. 122, 1979, Amending the Uniform Building Code as it Relates to Light and Ventilation. b. Hearing and First Reading of Ordinance No. 123, 1979, Amending the Uniform Building Code as it Relates to Usable Space Under Floors. C. Hearing and First Reading of Ordinance No. 124, 1979, Amending the Uniform Building Code as it Relates to Required Exits. d. Hearin4'and First Reading of Ordinance No. 125, 1979, Amending the Uniform Building Code as it Relates to Automatic Fire Extinguishing e. Hearing and First Reading of Systems. Ordinance No. 126, 1979, Amending the Uniform Building Code as it Relates to Fireplaces. f. Hearing and First Reading of Ordinance No. 127, 1979, Amending the Uniform Building Code as it Relates to Combustion Air. g. Hearing and Fir st.Reading of Ordinance No. 128, 1979, Amending the Uniform Building Code as it Relates to Attic Ventilation. h. Hearing and First Reading of Ordinance No. 129, 1979, Amending the Uniform Building Code as it Relates to 20. Foundation Ventilation. Hearing and First Reading of Ordinance No. 130, 1979, Vacating a Utility Easement at the Foothills Fashion Mall. X. Second Reading of Ordinance No. 109, 1979, Appropriating Reserve Funds and Unanticipated Revenue in the Park Acqui- sition Fund. October 2, 1979 Councilman Wilkinson, made a motion, seconded by Councilman St. Croix, to adopt and approve all items not withdrawn from the Consent Calendar. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Resolution Authorizing the City to Aplly to the Northern Colorado Water Conservancy District for a Temporary Use Permit. Following is the City Manager's memorandum on this item. Victoria Limited, has contacted us regarding the transfer of 30 units of Northern Colorado Water Conservancy District Water to the City of Fort Collins. They have some property which they will soon be developing and would like to eventually use the 30 CBT units to partially satisfy the water rights requirements. They would at this time, however, like to transfer the water to the City in exchange for a water certificate which could then be used when they are ready to develop the land. Pending the approval of the change of the Class "D" allotment contract with NCWCD, a temporary use permit is desirable.. This resolution authorizes the City to apply for. such a permit. " Councilwoman Reeves, made a motion, seconded by Councilman Wilkinson, to adopt the resolution. YEAS: Council members Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None THE MOTION CARRIED. Ordinance Adopted on Second Reading, Authorizing the City to Borrow Money to Purchase 20 T-hangars at the,Fort Collins/Loveland Airport. Following is the:City Manager's memorandum on this iten. "This ordinance was adopted on a 6-1 vote on first reading at the September 18th meeting and authorizes the City to borrow $466,250 to purchase 20 T-hangars at the Fort Collins/Loveland Airport.". - 169 - 1 1 October 2, 1979 Councilman Wilkinson, made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 120, 1979, on Second Reading. YEAS: Councilmembers Bowling, Gray, Kross, St. Croix, Reeves, and Wilkinson. NAYS: Councilman Wilmarth. THE MOTION CARRIED. Ordinance Adopted on First Reading, Amending the Zoning Ordinance Re- latinq to signs. Following is the City Manager's memorandum on this item. "Section 118-91D currently allows "one (1) identification sion during the first year of construction of a new subdivision." Construction of homes in most new subdivisions is not substan- tially completed within one year. Quite often at least two years of construction are required. Since new horses are con- tinually built and sold through this period, the building contractors would like to be able to use a temporary sign for two years rather than one year. Section 118-91 governs signs located in residential pones; including those erected by builders during the construction of,, new subdivisions. Presently there are no provisions which allow for identification signs for subdivision sales offices. Such offices have become customary in new subdivisions and require some type of identification. There are presently no provisions in the sign code which regulate existing signs on properties annexed to the City after the passage of the sign code in November, 1971. The size and placement of new signs on such properties are controlled by the present ordinance, but the City has no means by which to require existing non -com- plying signs to be brought into conformance. ,"S,ubsection (L) of Section 118-97 provides a 60 day period after -annexation to cease the animation of existing signs.. Subsection '(M)'of Section' 118- 97 provides a 5 year amortization period either after annexation or after the effective date of this amendment, whichever is later, for all other nonconforming signs to comply with the sign code. The attached ordinance addresses these problems: 1. Allows temporary signs for two years rather than one year. 2. Allows identification signs for subdivision sales. offices. - 170 - October 2, 1979 3. Provides an amortization period for non -conforming signs located on annexed property to be in compliance." Assistant City Attorney, Don Deagle, reported that inadvertently a portion had been omitted in Section 1.; subsection V' , the addition to read as follows: "L. All existing signs with flashing, moving, blinking, chasing or other animation effects not in conformance with the provisions of this Article and located on property annexed to the City after the effective date of ordinance No. 59, 1971, (November 28, 1971), shall be made so that such flashing, moving, blinking, chasing or other animation effects shall cease within sixty (60) days after such annexation. (or sixty (60) days after the effective date of this ordinance amendment, wichever occurs later.)" Councilwoman Gray, made a motion, seconded by Councilwoman Reeves, to amend Ordinance No. 131, 1979, as recommended by the ,Assistant City Attorney. YEAS: Councilmembers Bowling, Gray,.Kross, Reeves, St. Croix and Wilkinson. NAYS: None M Councilman Wilmarth abstained. THE MOTION CARRIED. Action to Sell the Mathews Street Property Reconsidered Following is the City Manager's memorandum on this item. "Council needs to reconsider the action taken on September 18th, to sell the Mathews Street Property. An old agreement was subsequently found that provides that the DMA Plaza- from which we bought the property originally - has the right of first refusal, should the City decide to sell the property. That agreement is attached. Meetings are being arranged between concerned parties, but as of this writing have not occured." - 171 - 1 1 October 2, 1979 Councilman Wilkinson inquired whether or not this property had been offered to the DMA; at the $66,000. It was determined that an offer has not been made, it was further clarified that the Housing Authority is also desirous of clearing the matter up. Councilwoman Gray made a motion, seconded by Councilwoman Reeves, to reconsider the action to sell the Mathews Street Property. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Councilman Wilkinson.made a motion, seconded by Councilwoman Reeves, that this property be offered to DMA. per our agreement. This motion was later withdrawn. Assistant Attorney Don Deagle explained the legalities of a "right of refusal". Councilmembers'then reconsidered the original motion: "To sell the property to the Housing Authority" Mayor Bowling put the original motion with the following vote: YEAS: None NAYS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. THE MOTION FAILED. Mayor Bowling directed the administration t'o offer this property to the DMA, per the letter of November 22, 1976, offering .them the right of first refusal, on the same terms and conditions as had been proposed to the Housing Authority, with the exception of a date. Ordinance Tabled on First Reading, Authorizing the City to Enter into an Agreement with Elevator Properties for the Lease and Option to Purchase Certain Real Property. Following is the City Manager's memorandum on this item.. - 172 - October 2, 1979 "Council reviewed a proposal to acquire the 38,000 square feet, "grain elevator" site for downtown parking at its September 11th worksession. The site when fully developed could provide about 100 - 125 parking spaces. Development costs for the site are estimated to be in the range of $75,000 to $100,000. The proposed ordinance authorizes the City to enter into an agreement for lease with option to purchase the site. Terms of the lease option are: Purchase price, $300,000. Annual Lease - $42,248 for 9 years - 10th year - $52,000. Annual interest rate 7.5%. Funding for the first three years of the lease can come from Community Development Block Grant Fund which are earmarked for Downtown Parking ($75,000 annually). We expect these funds to become available in the next few weeks." Councilmembers.had a variety of questions regarding this property as follows: 1. Demolition costs, over and above lease costs? 2. Terms of agreement - Lease Purchase time frame? 3. Time frame for use of property? 4. Cost per parking space? 5. Status of. Parking Commission? Attorney Garth Rogers responded to other Council inquiries. Councilwoman.Gray, made a motion, seconded by Councilman St. Croix, to table Ordinance No. 132, 1979, for 30 days. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilmarth and Wilkinson. NAYS: ";one THE MOTION CARRIED. 1 - 173 - October 2, 1979 1 Ordinance Adopted on First Reading, Relating to Supplementary Building Height Regulations. Following is the City Manager's memorandum on this item. "The procedure we have discussed with the Council to implement building height regulations involves the following: 1) amendment of the zoning ordinance to include language wich requires a special review (under the P.U.D. ordinance) for any building over forty (40) feet in height in any zone. 2) adoption of a separate set of building height review criteria intended to guide the review of building heights. The necessary additions and revisions to the zoning ordinance itself are minimal. The proposed Building Height Review Criteria are intended as guidelines, and would not be part of the zoning ordinance itself. They are designed to be detailed enough to communicate general expectations and overall objectives concerning building heights, but to be flexible enough to accomodate and encourage innovative design. Any proposed building greater than forty feet in height would undergo this building height review. In some cases, this might be for a building proposed on one or more existing lots in an already approved standard subdivision. In other cases, it would be for a building shown on a site plan for a newly proposed P.U.D. project. The technical reason for structuring these review criteria under the P.U.D. ordinance rather than under some separate special review procedure is to avoid confusion and du- plication since the information to be submitted, the public hearings procedure for review, and the method of recording an approved plan would be the same. Moreover, it would be difficult to limit review to the narrowly defined question of "building height" without being able to consider other relevant aspects of the proposal not necessarily related -to building height per se, (land use conversion, traffic impact, public services and facil- ities impact, etc.). Much of the format and language of the ordinance change and re- view criteria are drawn from the Planning Staff Report on Building Height Regulations which was discussed by the City Council on June 19. The Council's direction at that time was for the staff to prepare specific ordinance amendments and review criteria along these lines." - 174 - October 2, 1979 The attached material was considered favorably by the City Council at its August 28th work session. The Council's direction was to proceed with the public hearings necessary for adoption. The Planning and Zoning Board considered the proposed ordinance change and review criteria at its September meeting. After dis- cussion, the Board voted unanimously to recommend approval of both." Mr. Chuck Turner, 412 Dartmouth Trail, representing the Soring Creek Improvement ,Association presented a Petition containing 466 signa- tures requesting that "Benchmark" Heights be considered as maximum heights. Kurt Reed of Gefroh & Associates stated he felt the current ordinance would deter multi -story construction. He also made recommendations for R-L , Low Density Zones in the City. Councilman St. Croix, made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 133, 1979, on First Reading. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: Councilman Kross. THE MOTION CARRIED. Ordinance Adopted on First Reading, Deleting Building Height Limitations In the I-P, Industrial Park Zone. Following is the City Manager's memorandum on this item. "This Ordinance deletes Section 118-73B (2) which limits building height in the I-P zone to a height above grade of 50 feet. See previous memo for additional background information." Councilwoman Gray, made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 134, 1979. YEAS: Councilmembers Bowling,'Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. WAYS: None. THE MOTION CARRIED. Resolution Adopted, Adopting A Building Height Criteria. 1 October 2, 1979 Following is the City Manager's memorandum on this item. "See memo for agenda item 26 for background information." Councilman Kross inquired into the length of time required for Review Criteria established, related to Energy Criteria to be established. Planner, Curt Sriith, reported it would be six months to one year. Councilwoman Gray, made a motion, seconded by Councilman St. Croix, to adopt the Resolution. YEAS: Councilmembers Bowling, Gray, Reeves, St. Croix, Wilkinson, and Wilmarth. NAYS: Councilman Kross. THE MOTION CARRIED. Citizen Participation Proclamation: naming October as Toastmistress month, received. Adjournment Mayor Bowling declared the meeting adjourned to 7:30 p.m. Public Hearing on the Cit 's 1980 Budget City Manager, John Arnold, highlighted the Revenues and Expen- ditures of the Proposed 1980 Budget. Director of Finance,, Ron Wood, presented two exhibits relating different Mill Levys. The following persons spoke at the Public Hearing: 1. David Watrous 2. Jack Curfman 3. Justus Wilkinson 4. Leign id. Allen, of the Human Service Agencies Coalition. 5. Donn Hopkins, of the F.O.P. 6. Jerry Horak 7, Tom McKenna of CHOICE. 8. Joan Deines, of the Public Library. 9. Donna F. Witter 10. Stanford B. Thayer of the Storm Drainage Board. 11. James A. Bailey 12. Chuck llaYhugh, 13, Robert H. Tueting 14. P.E. Thomsen 15. George M. Angleton - 176 - October 2, 1979 16. Bob Finley 17. Harold Breen 18. Ruth M. Wiggins, 19. Peter A. Jacobs 20. J.E. Mattos 21. Cliff Stuart 22. Glenda Reynolds 23. Jack Knight Councilmembers then responded to comments made by the public. Ordinance Adopted Repealing Ordinance No. 91. 1979. City Clerk, Verna Lewis, read the ordinance at length. Councilman Wilkinson, made a motion, seconded by Councilwoman Gray, to adopt ordinance No. 139, 1979. YEAS: Councilmembers Bowling, Gray, St. Croix, Wilkinson and Wilmarth. NAYS: Councilmembers Kross and Reeves. THE MOTION CARRIED. Ordinance Adopted on First Reading, Imposing a One Percent Sales Tax Effective (March 31. 1980. City Clerk, Verna Lewis, read the ordinance at length. Councilman Wilkinson, made a motion, seconded by Councilwoman Gray, to adopt Ordinance No. 140, 1979. YEAS: Councilmembers Bowling, Gray, Reeves, Wilkinson and Wilmarth. NAYS: Councilmembers Kross and St. Croix. THE MOTION CARRIED. Decision of Zoning Board of Appeals to Deny a Variance at 430 W. Mountain Avenue Upheld. Following is the City Manager's memorandum on this item. i - 177 - 1 1 October 2, 1979 It At its regular meeting on September 13, 1979, the Zoning Board of Appeals, by a vote of three to two, denied a variance request (Appeal #1100) for the property at 430 West Mountain Avenue. Mr. Les Kaplan, petitioner and ownerof this property, is appealing this decision. Located in, a predominantly residential neighborhood, the property at 430 West Mountain Avenue is zoned R-H (High density residential). The R-H zone is a "mixed" zone, permitting both residential development and certain business uses, including professional offices. i Mr. Kaplan's variance request, if granted, would result in the conversion of the existing residence at 430 West Mountain Avenue into professional office space 1 with a basement apartment. The variance is necessary because the property does not meet several of the zoning requirements regulating office uses in the P.-H zone. Specifically, the variance would (1) reduce the lot area requirement from 12,000 square feet to 7132 square feet; (2) reduce the lot width requirement from 100 feet to 6C feec; (3) reduce the off-street parking requirement from 27 spaces to 14 spaces; (4) waive the requirement that all of the parking spaces must be located on property which is under the ownership of the owner of the parking generator (in this case, the office building). This would involve a variance of Sections 118-44B, 118-44C, 118-44G, and 118-81E(2) of the Municipal Code. i Perhaps a brief review of the history of variance requests for.the property at 430 West Mountain Avenue would be beneficial at this time. On March 8, 1979, despite staff opposition, the Zoning Board of Appeals granted a variance which reduced the lot area, lot width, and parking requirements for an office use at 430 West Mountain Avenue. The variance was granted with the condition that no more than six employees could occupy the building at any time, since only six off-street parking spaces were to be provided. This variance recently expired, after the passage of six months. Mr. Kaplan states that he was unable to utilize the variance because he was unable to sell the property due to the limitation on the number of employees. At the August 9, 1979 meeting of the Zoning Board of Appeals,.Mr. Kaplan presented an extensive and complex variance request, involving three proposed office buildings (two converted residences and one new building) on the properties now know as 430 West Mountain Avenue and 110-114-113 North Sherwood Street. This request was withdrawn at the meeting because of fierce neigh- borhood opposition and a strong recommendation for denial from the staff. Mr. Kaplan indicated that he would comply with the staff's wishes by submitting the project as a planned unit development. October 2, 1979 On September 13, 1979, Mr. Kaplan again appeared before the Board, with appeal #1100. As stated earlier, he is now appealing the Board's denial of that variance request. Since this is an appeal, the Council should not hold a new hearing on all the evidence. Rather, it should review the record from the Zoning Board of Appeals, listen to limited oral argument by involved parties, and any new evidence not presented to the Zoning Board of Appeals, and then decide whether to upold the Board's decision," Assistant City Attorney, Don Deagle, stated this appeal would normally be confined to the record, "we have deviated from that policy, only to the extent that it is indicated that Council would hear new evidence which was not presented to the Zoning Board of Appeals." Petitioner, Les Kaplan, highlighted items contained in the ver— batim transcript; specifically, that the motion to deny the variances was made prior to the time that all the Boardmembers had an opportunity to voice their opinion. and secondly that adjacent property owners in favor of the variance were not given an opportunity to speak. Mr. Kaplan further stated that the motion to deny had been in Part, influenced by the fact that adjacent property owners had indicated that they intended to petition for a rezoning of the area. M"r. Mike Keefe, 425 West Mountain Avenue, spoke in support of the requested variance. Mr. Thomas Feeney, also spoke in support of the variance. Mr. J. Golden Taylor, 113, North Sherwood, spoke in opposition to the variance due to the effect this would have on his property, related to parking. Following individual Council discussion on this item: Councilwoman Gray, made a motion, seconded by Councilwoman Reeves, that the decision of the Zoning Board of Appeals be upheld. YEAS: Councilmembers Gray, Reeves, St. Croix and Wilkinson. NAYS: Councilmembers Bowling, Kross and Wilmarth. THE MOTION CARRIED. 1 - 179 - 1 October 2, 1979 Ordinance Adopted on First Reading, Zoning Property Included in the Bridges Rezoning. Following is the City Manager's memorandum on this item. The petitioner is requesting rezoning of a 12.0951 acre parcel of land from its existing RLP, Low Density Planned Residential and RP, Planned Residential district, to RP, Planned Residential district, with a voluntary density ceiling of 8.0 dwelling units per acre. The subject property is located south of Prospect Road , approximately ? mile west of Shields Street, all within the municipal limits. The surrounding zoning and land uses are as follows: N: RL; .existing single family residences (Fairview West Sub.) S: RL; existing single family residences (Foothillls Green Sub.) E: RLP + RP; vacant W: RL; existing single family residence with the remaining area vacant (proposed passive solar townhouses and patio homes in the Sunspot P.U.D.) Proposed Zoning (RP) 12.0951 acres; Existing, Zoning RLP: 7.5 acres RP: 4.5 acres Maximum Units Allowed: Existing Zoning RLP ( 6 DU/acre) 45 units RP (12 DU/acre) 54 units Total 99 units Proposed Zoning RP ( 8 DU/acre) 96 units Recommendation At their regular business meeting on September 10, 1979, the Planning and Zoning Board recommended approval of the rezoning request to RP, subject to a maximum 8.0 DU/acre density. The Staff and Board felt the request was in general compliance with the City's Goals and Objectives and in accord with the adopted Land Use Policiesand therefore recommends approval of the rezoning request. Several property owners were present at the meeting to voice their objection to the rezoning One letter of objection was submitted." Chief Planner, Curt Smith, identified the area:,i.n:question and reviewed the staff and Planning and Zoning Board recommendations for approval. - 180 - October 2, 1979 Mir. Eldon Ward of ZVFK, spoke in support of the ordinance. Councilman Wilkinson, made a motion, seconded by Councilman Kross, to adopt Ordinance No. 135, 1979, on First Reading. YEAS: Councilmembers Bowling, Kross, St. Croix, Wilkinson and Wilmarth. NAYS: Councilmembers Gray and Reeves. THE MOTION CARRIED. Ordinance Adopted on First Reading, Zoning Property Known as the Warren Rezoning. Following is the City Ifanager's memorandum on this item. Description A proposal to rezone approximately 70 acres currently zoned R-L-P, Low Density Planned Residential District, R-L-M, Medium Density Residential District and R-P, Planned Residential District, to R-P, Planned Residential District, located west of the C & S railroad tracks on the north side of Horsetooth Road. Area The subject parcel is rich agricultural farm land in active use. The area to the east of the railroad tracks is commercial, zoned H-B. The areas to the north, northwest, south, and southwest are parts of developing residen- tial projects, either as regular subdivisions or as P.U.D.'s. Issues 1. The present zoning pattern would allow the following: R-L-P 45.0 acres @ 6 DU/acre = 270 dwelling units R-P 15.4 acres @ 12 DU/acre = 185 dwelling units R-L.-M 10.6 acres FAR of 1/2 = 153,924 sq. ft. = 68 dwelling units Total 523 dwelling units (This total DU count equals approximately 7.3 DU/acre) 2. The request would allow 71 acres @ 12 DU/acre of 852 DU maximum if developed to the full potential of the zoning district. 3. The request conforms to the location of higher density criteria set forth in the adopted. Land Use Plan: 1 - 181 - 1 1 ,9 We Recommendation October 2, 1979 "Higher density residential uses should lccate: a. "Near the core area, regional/community shopping centers, CSU main campus, or the hospital; b. "Within close proximity to community or neighbor- hood park facilities; c. "Where water and sewer facilities can be adequately provided; d. "Within easy access to major employment centers; e. "With access to public transportation; and, f. "In areas with provisions for alternative modes of transportation." "Higher density residential uses should locate in planned unit developments or in close proximity to existing higher density areas." Staff recommends approval of the rezoning since it is consistent with the Land Use Policies Plan subject to the following condition: 1. The entire site be developed under a unified master plan, but allowing for development in phases. " Nr. Les Kaolan, representing the petitioners, stated there was a question regarding the acreages as listed in the cover memo. Councilwoman Gray, made a motion, seconded by Councilwoman Reeves, to adopt Ordinance No. 136, 1979, on First Reading. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, Wilkinson and Wilmarth. NAYS: Councilman St. Croix. THE MOTION CARRIED. Ordinance Adopted on First Reading, Annexing Property Known as the Steely Annexation. Following is the City Manager's memorandum on this item. Description A proposal to annex, a parcel of land 100' x 300' located at 1635 S. Overland Trail and requesting R-hi, Medium Density Residential Zoning. - 182 - October 2, 1979 Area Description 1 There is a small single family dwelling unit located on the subject parcel. Public Service has a large substation to the North in the County zoned FA-1. To the west and south, two story multi -family units are situated in the City zoned R-i. To the east is vacant land in the City zone) B-L. Recommendation: Staff recommends approval of the Annexation request. This request is a small in -fill parcel of .688 acre in size.. It is situated between a large utility substation and a large multi- fa:r.ily project. None of the City departments had a major concern or problem due to the limited size of the request. The request does conform to the adopted City goals." Councilman Wilkinson, made a motion; seconded by Councilman St. Croix, to adopt Ordinance No. 137, 1979. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. WAYS: None. THE MOTION CARRIED. 1 Ordinance Adopted, Zoning Property Known as the Steely Annexation. Following is the City Manager's memorandum on this item. "See previous agenda item for background information." Councilwoman Reeves, made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 138, 1979, on First Reading. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Ordinance Adopted on First Reading,. Vacating a Right -of -flay in Village West, Eiqhth Filing. .Following is the Manager's memorandum on this item. "The Foothills Village Homeowners Association has requested that the 10' walkway between lots 17 and 18 (1418 and 1424 Freedom Lane) be vacated and conveyed to the owners of lots 17 and 18. - 183 - 1 1 October 2, 1979 This ordinance was presented on first reading on July 17th and was tabled to allow further negotiation with the Homeowners' Association on the access. Background The preliminary plat of the Village 41est 8th Filing was approved by the Planning and Zoning Board on December 8, 1976. A condition of approval of the 76 single family lot subdivision was that a"pedestrian-bikeway connection be provided on the northeast corner of the interior loop street to Heatheridge Road". The Council concurred with this recommendation and approved the pre- liminary plat. The final subdivision plat, consisting of 80 single family lots, included an additional 1.5 acre private greenbelt area between the single family lots in Village West and the adjoining Foothills V llage development. This greenbelt area is maintained exclusively for and by the Foothills Village Homeowners Association, which includes homeowners of the development, plus all the owners of the single .family lots which abut the, greenbel t. The final subdivision plat was approved with a 10' walkway R.O.W. between Pots 17 and 18, but did not extend through the private greenbelt area to Heatheridge Road. Recommendation The Village West 8th filing subdivision is conveniently located within walking and bicycling distance to shopping (Spring Creek Shopping Center), Community park (Moore Park), schools (Blevins Junior High School and Bennett Elementary School), and private recreational facilities (Village . West Swimming Pool). Pedestrian and auto access to and from the site is, however, rather limited. The Larimer #2 and New Mercer Irrigation Canals prevent direct westward movement from the property. Constitution Avenue serves as the only connecting street for the area, partly as a result of the deletion of Heatheridge Road extension. Pedestrian access to shopping, Bennett Elementary School and Moore Park for the residents is from Stuart St. via Heatheridge Road and the walkway. Both the City's Goals and Objectives and Land Use Policies encourage and foster pedestrian movement systems within the neighborhoods. The staff feels that pedestrian walkway at this location is necessary to provide easy and convenient access to shopping, schools and recreational opportunities. 2. The final subdivision plat of the Village West 8th Filing dedicated a walkway R.O.W. between Lots 17 and 18.. The plat, however, did not allow for public access from this R.O.W. access through the private greenbelt area to Heatheridge Road. If the Council deems that pedes October 2, 1979 trian access is necessary at this location, the intervening.public access connection, must be made. Furthermore, there have been comments from the neighborhood, that there is no clear indication of where the walkway begins and private property ends, resulting in users meandering into adjoining private property. The staff would recommend that the City commence acquiring the additional 45' of R.O.W. and install a permanent 8' sidewalk -and fence in the R.O.W. to protect the surrounding private property and to readily iden- tify the boundaries of the walkway,system. An estimated cost for acquisition of the R.O.W. and installation of improvements is inc- luded in attachment 3." Mr. John McGraw, 1366 Woodcrest Court, responded to Council in- quiries regarding the proposed easement. Mr. Bob Keller, 1330 Woodcrest Court, spoke in support of the recommendation of the staff. r. David Massey, 1400 Freedom Lane, spoke in support of the staff recommendation. Mr. Bruce Eggers, 1448 Edgewood Court, spoke of the liability question on private property. Councilman Kross, made a motion, seconded by Councilman Wilkinson, to adopt Ordinance No. 87, 1979. YEAS: Councilmembers Bowling, Gray, Kross, Wilkinson and Wilmarth. NAYS: Councilmembers Reeves and St. Croix. THE MOTION CARRIED. University Square P.U.D. Final Approved. Following is the City Manager's memorandum on this item. This is a final proposal for 144 apartment units (6 buildings - 24 units, each) on approximately 6.8 acres, zoned B-P, located at the southwest corner of Pitkin Street and S. College Avenue. At their August 7 meeting, the City Council voted.4= 3 to approve the preliminary plan for University Square P.U.D., subject to the following conditions: 1. That the plan be revised to eliminate the possibility of the 26' parking aisle along the west property line being used as a "short cut". 1 - 185 •- I October 2, 1979 2. That additional parking spaces be provided per staff review and a variance be recommended allowing for the sharing of parking between residential and office uses. 3. That the four parking lots along the east property line provide for turnaround movements. 4. That the provision for a chain traffic barrier be eliminated. 5. That all landscaping immediately adjacent to Lake and Pitkin Streets be confined to low growing vegetation. As the final plan adequately addresses the above conditions, staff recommends approval of University Square P.U.D., Final. Councilman Wilkinson, made a motion, seconded by Councilwoman Peeves, to approve University Square P.U.D. Final. YEAS: Councilmembers Bowling, Reeves, St. Croix, Wilkinson. NAYS: Councilmembers Gray, Kross and Wilmarth. THE fiOTION CARRIED. Albertson's P.U.D., Preliminary Approved. Following is the City Manager's memorandum on this item. M This is a request for preliminary approval of the Albertson's P.U.D. located at the southwest corner of Horsetooth Road and S. College Ave., lots 1 - 4 of the Creger Plaza Subdivision. The proposal is for an 80,000 sq. ft. neighborhood shopping center, including as a major tenant, a 41,384 sq. ft. Albertson's food market. Also planned are retail, restau- rant, and office uses. Land Use Breakdown Gross Area - - - - - - Buildings - - - - Parking - - - - - R.0. W- - - - - - - Open - - - - - - Parking Space Provided 397,698 sq. ft. - - 9.13 acres 80,064 sq. ft. - - 1.84.acres - - 20.0%. 171,564 sq. ft. - - 3.94 acres - - 43.2% 48,350 sq. ft. - - 1.11 acres - - 12.2% 97,720 sq. ft. - - 2.24 acres - - 24.6% 100.0% - 402 Sol-IM October 2, 1979 Issues Conformance with S. College Avenue access plan. This plan provides for signalized intersections at Horsetooth, Boardwalk, Troutman, and Harmony Roads. All other access onto S. College Avenue will be res- tricted to right turn in and out only, as center median breaks will occur only at signalized intersections. In addition, there will be no center median breaks along Horsetooth Road, between Mason Street and S. College Avenue. The submitted Albertson's site plan shows unrestricted curb -cuts on S. College Avenue, Horsetooth Road, and Creger Drive. Provision of a major neighborhood commercial center at this location will have a short-term impact on the development of similar• centers throughout the City. (Specifically, Raintree, Brown Farm, Golden Meadows, Horsetooth-Timberline.) .Approval of the Albertson's site will have the effect of delaying the development of these sites until a significant market can be generated for them. Conformance with policy #10 of the City Land Use Plana All levels of commercial development including convenience centers, neighborhood service centers, and regional developments, which have significant. negative transportation impacts on S. College Avenue will be dis- couraged from gaining their primary access from College Avenue. The submitted Albertson's site plan shows an unrestricted curb -cut on S. College Avenue. Recommendation Staff recommends approval of the Albertson's P.U.D. subject to the following conditions: Revision of circulation and access system. a. The curb -cuts which are shown on S. College Avenue, Creger Drive and S. College Ave., and Horsetooth Road will be restricted to right turn in and out only. As these curbcuts will not pro-. vide primary access to the site, treatment of them should be de-emphasized. b. The two curbcuts shown on Mason Street should be consolidated into one and be emphasized as the primary access to the site. Emphasis of Mason Street access is consistent with the Albertson's Market Study which states that 50% of the market for this center will be from the south and west. c. The straight shot, in front of the S. College Avenue should be broken complex, from Mason Street to up. - 187 - I October 2, 1979 2. Participation in traffic improvements. a. Participation in traffic signals at the intersections of Horsetooth and College and Mason and Horsetooth. b. Provision of a bridge over Larimer County Canal V'2. c. Provision of a right turn bay at 'the intersection of Horsetouth and South College Avenue. d. Participation in required arterial and collector street improve- ments along bordering streets. 3. Improvement of pedestrian and bicycle access on site. a. Provision of additional pedestrian access between all buildings. b. Provision of sidewalks back from the curbs. c. Provision of bikeways along Mason, Creger, and Horsetooth Roads. d. Provision of bicycle parking facilities. 4. Submission of required drainage information to the City Engineer. a. Clarification of required drainage information to the City Engineer. 5. Provision of additional landscaping on site. a. Additional landscaping around the perimeters of all buildings should be provided, especially around the main building. b. Additional screening from service areas off of Creger Drive should be provided. Subsequent to the Planning and Zoning Board meeting, the applicant submitted a revised site plan which addressed all staff conditions.,, �r. Pleid Rosenthal, representing the petitioner, addressed specifics of the site. Councilman Wilkinson, made a motion, seconded by Councilman Kross, to approve the Albertson's P.U.D., Preliminary. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Amendment to Cottonwood P.U.D. Children's World P.U.D. ADDroved. Following is the City Manager's memorandum on this item. "This is a proposal to increase the area of the building for the day care center in the already approved Cottonwood P.U.D. The size building approved on the P.U.D. is 4,000 sq. ft. and the reque.st is to increase the size to 6.016 so. ft. Land Use Data Site area - - - - - - - - - - Building Coverage - - - - - - Active Recreation Open Space - Open Space ---- - - - - - - Driveway & Parking - - - - - - Recommendation October 2, 1979 32,474 sq. ft. - - 100% 6,016 sq. ft. - - 18% 10,993 sq. ft. - - 34Y 7,000 sq. ft. - - 22% 8,380 sq. ft. - - 26% Staff recommends approval of the amendment to Cottonwood P.U.D., subject to the following conditions being addressed on the final site plan 1) investigate the possibility of.reducing the number of provided parking spaces and utilizing the area in front of the building as a drop-off area; 2) meet the City zoning requirements as to the number of children per building size and playground area; 3) provide sidewalks along Marquette Street; 4) Improve Marquette Street to Stover Street before develop- ment on the project occurs." Councilman Wilkinson, made a motion, seconded by Councilman St. Croix, to approve the amendment to Cottonwood P.U.D., Children's World P.U.D. subject to conditions two through four. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. 14AYS: None.' THE MOTION CARRIED. Elliott -Miller Foothills West Subdivision, 16th Filing, Preliminary and Final Approved. Following is the City Manager's memorandum on this item. "This is a proposal for a two lot subdivision on 3.6+ acres zoned B-L, located on S. Overland Trail, South of -West Prospect Street. The Planning and Zoning Board unanimously recommended approval of the preliminary plat, as its March 13 meeting subject to: 1. Utility easements, drainage and detention being addressed; 2. The inclusion of a seven -foot pedestrian/bike path along Overland Trail. - 189 - October 2, 1979 As the final plat adequately addresses the above conditions, staff recommends approval of Elliott -Miller Foothills West Subdivision, 16th Filing, Final. There are no outstanding issues or un- resolved problems," Councilwoman Gray, made a motion, seconded by Councilman Kross, to approve the Elliott -Miller Foothills West Subdivision, 16th Filing, Preliminary and Final. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. South Shore P.U.D. Preliminary Approved. Following is the City Manager's memorandum on this.item. Proposal Total number of lots - - - - - - - - - - - 24 20 single family lots 4 duplex lots Number of,dwelling units - - - - - - - - - 28 Density - - - - - - - - - - - - - - - - - -2.2 dwelling units/acre Gross area - - - - - - - - - - - - - - 12.82 acres Green/open space - - - - - - - - - - - 3.0 acres - - 25.0%. Active open space - - - - - - - - - - 1.8 acres - - 15.0% Estimated lot Green Area - - - - - - 5.7 acres - - 44.5% Street area - - - - - - - - - - - - - - - 1.5 acres - - 11.7% Estimated building area - - - - - - - - - 2.6 acres - - 20.3% The site plan has two areas. A 24 large lot single family area, these lots range in size from 11,700 sq. ft. to 19,200 sq. ft. The area has a large green belt area and a tennis court with no night lighting. The northern tier of lots will have access and use of Lake Sherwood, the re- mainder will have the use of the recreational facility within the Nelson Farm. The second area is comprised of four duplex lots which range in size from 14,000 sq. ft. to 16,500 sq. ft. The. residents will have use of the Nelson Farm Recreation Center which is located immediately across the street. Area Description Subject parcel is vacant parcel situated at the south shoreline of Lake Sherwood. The area to the south and west is part of developing single family subdivision and P.U.D.'s. There are two story townhouses to the north and northeast zoned R-P. East of Parklake Drive'are the railroad tracks which form the eastern boundary for this area. i lm October 2, 1979 Major Issue The street within this development is proposed as private. 32' wide street with 24 parking bays in several locations. There are no curb or gutters proposed; however, a 2' width edging will be used to confine the asphalt. There are several design deficiencies within the street - such as a radius less than 90°, unchannelized intersection, and location of the Iparking bays on curves. IThe Public Works Department recommends that this street be a public street. It is felt that the City will inherit this street in several years and the ensuing problems. The Public Works Department bases this recommendation on the added expense of maintenance of the narrower streets and the parking bays, problems caused by no on -street drainage, problems of circulation of large service vehicles, and the added expense to the City of attempting to solve these problems, when the HOA approaches the City to accept the street as public in the future. Recommendation j The Staff recommends approval of this request to City Council subject to the following conditions: 1. The street be designed to the following street standards set forth by the Public Works Department: a. Right-of-way to be dedicated from back of curb to back of curb or sidewalk plus 6" on either side. b. Rollover curb and gutter only on one side with a combination curb and gutter and walk on house side. c. Crowned streets. d. Elimination of parking bays on curve areas. e. Parking bays to be the maintenance responsibility of the Home- owners Association. f. Radii of at least 90o. g. Channelization of the intersection. 2. That issues and concerns set forth in this report be addressed; 3. That the applicant submit a letter and/or revised preliminary site plan agreeing to these conditions prior to the,City Council review of this preliminary P.U.D.; 4. Legal documents of Homeowner's Association. A letter has been received from the applicant agreeing to the above conditions.'' - 191 - October 2, 1979 Councilman St, Croix, made a motion, seconded by Councilman Wilkinson, to approve South Shore P.U.D., Preliminary. YEAS: Councilmembers Bowling, Gray, Kross, Reeves, St. Croix, Wilkinson and Wilmarth. NAYS: None. THE MOTION CARRIED. Other Business a. City Manager, John Arnold, reported that he and the Mayor would be attending the Public Technology Inc., Conference in Washington D.C. b. The Manager also reported that the City has still not heard from the P.U.C. Hearing examiner on the Lemay Avenue Crossing. C. City Manager, John Arnold, requested that Council start a work session on the Budget at 9:00 a.m. to noon and regular work session from 1:00 p.m. to 4:00 p.m. d. City Manager, John Arnold, reported there are two resig- nations in the Public Works Department, Tom Hays and Don Parsons. Adjournment The meeting was adjourned at 12:00 p.m., on October 2, 1979. ATTEST: City Clerk ayor - 192 -