HomeMy WebLinkAboutAgenda - Read Before Packet - 11/17/2020 - City Council Regular Meeting November 17, 2020 Agenda - Amended On November 16, 2020City of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Kristin Stephens, District 4, Mayor Pro Tem City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager City Clerk
Regular Meeting
November 17, 2020
(Amended 11/16/20)
PUBLIC PARTICIPATION OPTIONS
Public Participation will be available online only. In person attendance will not be an option.
There will be four three options for people who would like to participate in the meeting:
Live via the Zoom online meeting,
Live via the telephone,
Live in Council Chambers,
By submitting emails to Council at CityLeaders@fcgov.com.
All options will be available for those wishing to provide general public comment, as well as public
comment during individual discussion items.
PUBLIC PARTICIPATION (ONLINE VIA ZOOM):
Individuals who wish to address Council via remote public participation can do so through Zoom
at https://zoom.us/j/98241416497. (The link and instructions are also posted
at www.fcgov.com/councilcomments.) Individuals participating in the Zoom session should watch the
meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference.
The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. Participants wanting
to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor
will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff
will moderate the Zoom session to ensure all participants have an opportunity to address Council.
In order to participate, you must:
Have an internet-enabled smartphone, laptop or computer. Using earphones with a microphone will
greatly improve your audio experience.
Join the Zoom meeting using the link on the front page of the agenda or on the City’s home webpage
at www.fcgov.com.
If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link
shown near the top of the page.
City of Fort Collins Page 2
PUBLIC PARTICIPATION (VIA PHONE)
Dial the public participation phone number, 1-346-248-7799, and then enter the Meeting ID 982 4141
6497 followed by the pound sign (#).
The meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if
possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at
that time – phone participants will need to press *9 to do this. Staff will be moderating the Zoom
session to ensure all participants have an opportunity to address Council.
When participating online or by phone, DO NOT Watch/stream FCTV at the same time due to streaming
delay and possible audio interference.
PUBLIC PARTICIPATION (IN PERSON) (Not permitted at this meeting)
To participate in person, individuals should come to City Hall and be prepared to follow strict social
distancing, sanitizer and facial covering guidelines.
A limited number of individuals will be allowed in Council Chambers. Therefore, staging for individuals
who wish to speak will occur in the City Hall lobby and outside (weather permitting).
Individuals will be required to wear masks while inside City Hall and any other City buildings being
utilized.
Individuals who wish to speak will line up at one of the two podiums available in Council Chambers,
maintaining physical distancing by standing on the lines marked on the floor. Facial coverings need to
stay in place while speaking.
Once a speaker has provided comments, he or she will be asked to leave Council Chambers to make
room for the next speaker.
PUBLIC PARTICIPATION (VIA EMAIL)
Individuals not comfortable or able to access the Zoom platform or participate by phone are encouraged to
participate by emailing general public comments to CityLeaders@fcgov.com. If you have specific
comments on any of the discussion items scheduled, please make that clear in the subject line of the email
and send prior to the meeting Tuesday evening.
WATCH THE MEETING
Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv.
Note: Only individuals who wish to address Council should use the Zoom link or call in by phone.
Anyone who wants to watch the meeting, but not address Council, should view the FCTV livestream.
Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to
be emailed those materials by 4 p.m. the day of the meeting.
Persons wishing to display presentation materials using the City’s display equipment under the Citizen
Participation portion of a meeting or during discussion of any Council item must provide any such materials
to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2)
hours prior to the beginning of the meeting at which the materials are to be presented.
NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to
election matters must be provided to the City Clerk no later than noon on the day of the meeting at which
the item will be considered. See Council Rules of Conduct in Meetings for details.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please
provide 48 hours advance notice when possible.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 221-6515
(V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea
posible.
City of Fort Collins Page 3
Proclamations and Presentations
5:45 p.m.
A. Proclamation Declaring Saturday, November 28 and the Holiday Shopping Season as Small Business
Season.
B. Proclamation Declaring November 13 as Salvation Army Red Kettle Campaign Kickoff Day.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the Consent
Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and
considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion Items.
● Consideration of a motion to authorize Item No. 16, Public Hearing and First Reading of Ordinance No.
145, 2020 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification
for that Certain Property Known as the Timberline Church Rezoning, to proceed using Remote
Technology without the option for in-person participation:
“I move that City Council find that the Timberline Church rezoning, scheduled for consideration
on tonight’s agenda as item number 16, is pressing and requires prompt action and further
find that virtual technology will provide due process to hear that matter through sufficient public
participation and input, and based upon such findings authorize a Quasi-Judicial Hearing
using Remote Technology by the City Council to proceed in that matter pursuant to Section 8
of Ordinance No. 079, 2020.”
City of Fort Collins Page 4
PUBLIC COMMENT
Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically
scheduled on the agenda. Comments regarding land use projects for which a development application
has been filed should be submitted in the development review process** and not to the Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand, and
then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who
are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to keep
comments brief. Any written comments or materials intended for the Council should be provided to
the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time
remain, and will beep again and turn red when a speaker’s time to speak has ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
PUBLIC COMMENT FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request
an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda
items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items
remaining on the Consent Calendar will be approved by City Council with one vote. The Consent
Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens
is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer
may declare that the following process will be used to simplify consideration of the Citizen-Pulled
Consent Items:
(1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading
“Consideration of Citizen-Pulled Consent Items.”
(2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all
of the items that have been moved to that part of the agenda.
(3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled
Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council
will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote.
(4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will
then be considered using the regular process for considering discussion items.
1. Consideration and Approval of the Minutes of the October 6, 2020 Regular Council Meeting.
The purpose of this item is for consideration and approval of the minutes of the October 6, 2020
Regular Council Meeting.
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2. Second Reading of Ordinance No. 127, 2020, Adopting the 2021 Budget and Appropriating the Fort
Collins Share of the 2021 Fiscal Year Operating and Capital Improvements Funds for the Northern
Colorado Regional Airport.
This Ordinance, unanimously adopted on First Reading on November 4, 2020, appropriates Fort
Collins’ share of the 2021 fiscal year operating and capital funds for the Airport. Under the Amended
and Restated Intergovernmental Agreement for the Joint Operation of the Airport between Fort Collins
and Loveland (the “IGA”), the Airport is operated as a joint venture with each City owning 50% of the
assets and revenues and responsible for 50% of the operating and capital costs. The proposed budget
does not include financial contributions from the City’s General Fund as it has in previous years
because anticipated Airport revenues will provide sufficient revenues for operations, primarily as a
result of the Northern Colorado Law Enforcement Training Center Lease payments by both Cities.
Because each City has an ownership interest in 50% of the Airport revenues, each City must
appropriate its 50% share of the annual operating and capital budget for the Airport under the IGA.
3. Second Reading of Ordinance No. 128, 2020, Being the Annual Appropriation Ordinance for the Fort
Collins Downtown Development Authority relating to the Annual Appropriations for the Fiscal Year
2021 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2021.
This Ordinance, unanimously adopted on First Reading on November 4, 2020, sets the Downtown
Development Authority ("DDA") Budget. The following amounts will be appropriated:
DDA Public/Private Investments & Programs $8,067,545
DDA Operations & Maintenance $1,385,349
Revolving Line of Credit Draws $7,000,000
DDA Debt Service Fund $7,431,611
The DDA anticipates receiving in 2021 tax increment revenues of approximately $6,630,081 and
approximately $788,897 in revenues from its five-mill property tax for the DDA’s operational and
maintenance expenditures. The Ordinance also sets the 2021 Mill Levy for the Fort Collins DDA at
five (5) mills, unchanged since tax year 2002. The approved Budget becomes the Downtown
Development Authority's financial plan for 2021.
4. Items Relating to the 2020 Fee Updates.
A. Second Reading of Ordinance No. 129, 2020, Amending Chapter 7.5 of the Code of the City
of Fort Collins to Revise the Capital Expansion Fees and the Transportation Expansion Fee.
B. Second Reading of Ordinance No. 130, 2020, Amending Chapter 26 of the Code of the City
of Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
C. Second Reading of Ordinance No. 131, 2020, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Sewer Plant Investment Fees.
D. Second Reading of Ordinance No. 132, 2020, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise the Stormwater Plant Investment Fees.
E. Second Reading of Ordinance No. 133, 2020, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Water Plant Investment Fees.
F. Second Reading of Ordinance No. 134, 2020, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise the Water Supply Requirements Fee.
These Ordinances, unanimously adopted on First Reading on November 4, 2020, review inflation
updates effective January 1, 2021, associated with Electric Capacity fees, Water Supply Requirement
fees, Water, Sewer and Stormwater Plant Investment fees, Capital Expansion fees and Transportation
Capital Expansion fees. Inflation updates are 2.7% for Capital Expansion fees, 0.6% for Transportation
Capital Expansion fees, and 3% for Utility fees.
City of Fort Collins Page 6
Coordination of Council-approved fees began in 2016 to provide a more holistic view of the total cost
impact. Previously, fee updates were presented to Council on an individual basis. After the 2020 fee
update, fee phasing will be complete with regular two and four-year cadence updates beginning in
2021.
5. Second Reading of Ordinance No. 135, 2020, Making a Supplemental Appropriation for the CanDo
Community Telework Program and Authorizing the City Manager to Execute the Grant Agreement on
Behalf of the City.
This Ordinance, unanimously adopted on First Reading on November 4, 2020, appropriates $4,999 in
unanticipated revenue received through a grant for the Colorado Department of Transportation
(CDOT) CanDo Community Telework Grant program to be managed by the FC Moves Department.
The Ordinance also authorizes the City Manager, in consultation with the City Attorney, to execute the
Grant agreement/acceptance on behalf of the City.
6. Second Reading of Ordinance No. 136, 2020, Appropriating Unanticipated Philanthropic Revenue
Received by City Give from WaterPik, Inc., for Transfer to Social Sustainability in the General Fund
for the Equity Indicators Project.
This Ordinance, unanimously adopted on First Reading on November 4, 2020, appropriates $10,000
in philanthropic revenue in the General Fund for transfer to Social Sustainability for the support of the
Equity Indicators Project as designated by the donor, WaterPik, Inc. In a commitment to advance
equitable outcomes, the City has selected the CUNY Institute for State and Local Governance (ISLG)
to lead the Equity Indicators project to establish a framework for measuring and understanding the
inequities that exist in Fort Collins.
7. Second Reading of Ordinance No. 137, 2020, Making Certain Amendments to the Codes of the City
of Fort Collins to Eliminate Affordable Housing Fee Waivers and Instead Authorize a Discretionary
Credit for Certain Affordable Housing Units to be Constructed in the City.
This Ordinance, unanimously adopted on First Reading on November 4, 2020, amends City Code and
Land Use Code to simplify the way affordable housing fee waivers are used to support the
development of affordable housing units targeting the city’s lowest wage earners. Instead of calculating
precise fee amounts for waivers on a project by project basis, flat amounts of credit will be established
and codified for qualifying new construction and adaptive reuse homes targeting households making
no more than 30% Area Median Income (AMI). This support will still be subject to Council discretion
and appropriation of funding. Not only will this provide greater certainty to the developer and be more
efficient to administer by the City, it will also allow all City departments’ fees to be paid in full either by
the developer or by the credit that has been appropriated.
8. Second Reading of Ordinance No. 141, 2020, Approving the Administrative Rules, Regulations and
Standards for the Riverside Community Solar Program.
This Ordinance, unanimously adopted on First Reading on November 4, 2020, approves the Riverside
Community Solar Program rules, which define the continuing delivery of credits and other program
benefits to participating customers. The Utilities’ Executive Director has approved the Riverside
Community Solar Program, as defined by the Program Rules and Continuing Participation Agreement
under the authority defined by Code §26-463(a). Council’s approval of the Ordinance, and the Program
Rules as attached to it, completes the approval process.
Utilities completed acquisition of the Riverside Community Solar Project on August 28, 2020, assuming
all responsibility for program management, customer support, and operations and maintenance. As a
result of the transfer, existing customer contracts with Clean Energy Collective for the old program
structure terminated. Utilities is re-enrolling participating customers that already own panels in the
array of the Program via Continuing Participation Agreements. Current customers who own panels in
the solar array (“Customer-owners”) and re-enroll in the Program will continue to receive credits on
their bill as they do today, based on the City’s applicable time of day rates as set forth in the City Code.
City of Fort Collins Page 7
9. First Reading of Ordinance No. 142, 2020 Authorizing the Conveyance of a Portion of City Property
at Kingfisher Natural Area in Exchange for an Access Easement at 1807 East Mulberry Street.
The purpose of this item is to seek Council approval of a Quit Claim Deed conveying to DD&B
Investment Group, LLC (DDB) a portion of Kingfisher Natural Area historically used for parking and
access associated with the businesses occupying 1807 East Mulberry Street, in exchange for a Non-
Exclusive Access Easement from DDB to the City for access to Kingfisher Natural Area.
10. First Reading of Ordinance No. 143, 2020, Transferring Appropriations in the General Fund from the
Coronavirus Relief Fund, CARES Act, Title V, to the Water and Wastewater Funds.
The purpose of this item is to transfer $27,245 and $13,562 of the City’s Coronavirus Relief Fund
(CVRF) money from the General Fund to the Wastewater and Water Funds, respectively. The transfer
is necessary to recognize the future depreciation of certain expenses in the Wastewater and Water
Funds for lab supplies and to support teleworking capabilities. To account for this depreciation correctly
and to recognize the depreciation expense in the correct fund, the original expenditures should occur
in the Wastewater and Water Funds.
11. Resolution 2020-103 Determining Fair Value for the Property Interests at 143 East Remington Street
to be Exchanged by Entities Affiliated with the Downtown Development Authority and Housing Catalyst
in Connection with the 140 East Oak Street Affordable Housing Project.
The purpose of this item is for Council to determine fair value for a property exchange the Downtown
Development Authority (DDA) and Housing Catalyst are proposing regarding the 140 East Oak Street
affordable housing project, which would include incorporation of the neighboring property, 143
Remington Street, into the project. This parcel will be combined with the 140 East Oak Street property,
for which Council determined fair value via Resolution 2020-061 at the Council meeting held on July
21, 2020.
The project’s 79 units will be a mix of studio, and one- and two-bedroom apartments that serve
individuals and households whose earnings range from 30-80% AMI (area median income) with the
target of an overall average of 60% AMI. With these combined parcels, the number of parking spaces
increases by nine and the building height is reduced from six to five stories, which increases
neighborhood compatibility and is in response to community concerns. This work aligns with the
Council Priority of Affordable and Achievable Housing Strategies, is a partnership between the DDA
and Housing Catalyst, and was approved by the Planning and Zoning Board on September 3, 2020.
12. Resolution 2020-104 Approving the 2020 Master Plan for the Northern Colorado Regional Airport.
The purpose of this item is to adopt the updated Master Plan at the Northern Colorado Regional Airport.
The Airport is jointly owned and operated by the Cities of Fort Collins and Loveland, and operational
oversight is provided by the Northern Colorado Regional Airport Commission. The Federal Aviation
Administration (FAA) recommends that public use airports have and update their master plans
approximately every 10-15 years. The Master Plan focuses on the physical development of airport
property to meet existing and projected aviation demands. In addition, other factors relating to the
Airport and its environs were evaluated, such as surrounding land use, environmental considerations,
and infrastructure.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
A. Staff Report: CARES Funding Update (SeonAh Kendall)
City of Fort Collins Page 8
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be made by
staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (three minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to
ensure all citizens have an opportunity to speak. If attending in person, please sign in at
the table in the back of the room. The timer will buzz when there are 30 seconds left and
the light will turn yellow. It will buzz again at the end of the speaker’s time.
13. Items Relating to a Citizen-Initiated Petition Relating to the Hughes Stadium Property. (staff: Delynn
Coldiron, Rita Knoll, Ryan Malarky; 5 minute presentation; 60 minute discussion)
THIS ITEM HAS BEEN REVISED.
1. Consideration of a motion to go into an Executive Session to discuss the Hughes Stadium Property
Initiative Petition.
“I move that the City Council go into executive session for the purpose of discussing with the
City’s attorneys and appropriate management staff the following matters under:
City Charter Article Roman Numeral Two, Section 11(2),
City Code Section 2-31(a)(2) and
Colorado Revised Statutes Section 24-6-402(4)(b), the following:
A. Specific legal questions related to potential litigation regarding the Hughes Stadium
property and the manner in which the particular policies, practices or regulations of the City
related to the acquisition, development or regulation of the or local law, and
B. Specific legal questions related to potential litigation regarding the citizen initiative related
to the Hughes Stadium property and the manner in which the particular policies, practices
or regulations of the City related to that citizen initiative may be affected by existing or
proposed provisions of federal, state or local law.”
2. First Reading of Ordinance No. 144, 2020, Adopting a Citizen-Initiated Ordinance Regarding the
Rezoning and Acquisition of the Hughes Stadium Annexation Property. (Option 1)
OR
Resolution 2020-105 Submitting to the Electors of the City at the Next Regular Municipal Election
on April 6, 2021, a Citizen-initiated Ordinance Relating to the Hughes Stadium Property. (Option
2)
City of Fort Collins Page 9
The purpose of this item, pursuant to the requirements of the City Charter when presented with an
initiative petition certified as sufficient by the City Clerk, is to either:
1) adopt the proposed ordinance without alteration within 30 days; or
2) submit the proposed measure to the registered electors of the City.
14. Second Reading of Ordinance No. 138, 2020, Being the Annual Appropriation Ordinance Relating to
the Annual Appropriations for Fiscal Year 2021; Adopting the Budget for the Fiscal Year beginning
January 1, 2021, and Ending December 31, 2021; and Fixing the Mill Levy for Property Taxes Payable
in 2021. (staff: Darin Atteberry, Travis Storin, Lawrence Pollack, John Duval; 5 minute presentation;
30 minute discussion)
This Ordinance, unanimously adopted on First Reading on November 4, 2020, sets the City Budget
for the one-year period (2021) which becomes the City’s financial plan for the next fiscal year. This
Ordinance sets the amount of $668,909,564 to be appropriated for fiscal year 2021. However, this
appropriated amount does not include what is being appropriated by separate Council/Board of
Director actions to adopt the 2021 budget for the General Improvement District (GID) No. 1 of
$808,791, the 2021 budget for GID No. 15 (Skyview) of $1,000, the Urban Renewal Authority (URA)
2021 budget of $6,706,744 and the Downtown Development Authority 2021 budget of $23,884,505.
This results in City-related total operating appropriations of $700,310,604 in 2021. This Ordinance
also sets the 2021 City property tax mill levy at 9.797 mills, unchanged since 1991.
15. Items Relating to Electric and Water Rates, Fees and Charges. (staff: Lance Smith; no presentation;
15 minute discussion)
A. Second Reading of Ordinance No. 139, 2020, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Electric Rates, Fees and Charges.
B. Second Reading of Ordinance No. 140, 2020, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Water Rates, Fees, and Charges.
These Ordinances, unanimously adopted on First Reading on November 4, 2020, adjust monthly
charges for both electric and water services in 2021. The revenue requirements to support the 2021
budget require increasing monthly charges for electric service by 3.0%. Additionally, a reduction in
pricing is proposed for the voluntary Green Energy program, reducing the charge per kWh from 1.9
cents per kWh to 1.6 cents per kWh in 2021. A 2% increase for water services is proposed to help
offset mitigation costs related to the Cameron Peak Fire. Upon adoption, both rates would be effective
January 1, 2021.
16. Public Hearing and First Reading of Ordinance No. 145, 2020 Amending the Zoning Map of the City
of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Timberline
Church Rezoning. (staff: Jason Holland, Judy Schmidt; 12 minute presentation; 45 minute
discussion)
THIS ITEM HAS BEEN REVISED TO UPDATE THE PRESENTATION.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
The purpose of this item is to amend the City’s Zoning Map to change the zoning designation for the
Timberline Church Campus from Low Density Mixed-Use Neighborhood (LMN) to Medium Density
Mixed-Use Neighborhood (MMN). The area proposed to be rezoned is approximately 32.79 acres.
The applicant proposes the rezoning to support future infill housing on the site and enable higher
density housing than would be allowed with the current LMN zoning. Additional commercial and
institutional uses may also be proposed. The church has been in discussions with CSU regarding a
potential land swap to construct an attainable housing project. CSU would donate their 4.76 acres on
Timberline Road, and the church will swap 8-10 acres for the CSU property.
City of Fort Collins Page 10
The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning
may be approved, approved with conditions, or denied by Council after receiving a recommendation
from the Planning and Zoning Board, which voted 6-0 to recommend approval of the request with
condition that the residential density be limited to 20 units per gross acre and that an Overall
Development Plan (ODP) precede or accompany the Project Development Plan (PDP). The purpose
of the condition of approval is to provide a density limit to help achieve a compatible transition with the
surrounding neighborhood because the MMN zone district does not have a maximum density
requirement. Additionally, the ODP would help identify the general design parameters for the property
– including the general location and nature of proposed uses, transportation circulation, open space,
buffers, and drainage features. A traffic study is also required. The ODP is required to be reviewed by
the Planning and Zoning Board and would require at least one neighborhood meeting.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
Consideration of a motion to adjourn the City Council meeting to conduct the Board meetings listed
below then return to the regular City Council meeting:
A. General Improvement District No. 1 Board Meeting; and
B. Skyview South General Improvement District No. 15 Board Meeting.
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
B. Consideration of a motion to authorize the appeal from Landmark Preservation Commission denial
of eligibility of 724 and 726 College Avenue scheduled for December 1, 2020, to proceed using
Remote Technology without the option for in-person participation:
“I move that City Council find that the hearing on the appeal from Landmark
Preservation Commission denial of eligibility of 724 and 726 College Avenue
scheduled for December 1, 2020, is pressing and requires prompt action and further
find that virtual technology will provide due process to hear that matter through
sufficient public participation and input, and based upon such findings authorize a
Quasi-Judicial Hearing using Remote Technology by the City Council to proceed in
that matter pursuant to Section 8 of Ordinance No. 079, 2020.”
ADJOURNMENT
A. Consideration of a motion to adjourn this meeting to 4:30 p.m. on Tuesday, November 24:
“I move that Council adjourn this meeting to 4:30 on Tuesday, November 24, for consideration
of such business as may then come before the Council."
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending at
the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which
have not yet been considered by the Council, will be continued to the next regular Council meeting and
will be placed first on the discussion agenda for such meeting.