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HomeMy WebLinkAboutMAX FLATS PDP - APPEAL TO CITY COUNCIL - PDP120034 - AGENDA - CORRESPONDENCE-HEARING (6)Page 5 On June 4, 2013, City Council voted 5-2 (Nays: Cunniff, Overbeck)concluding that the evidence presented did not indicate the Board failed to conduct a fair hearing by considering evidence relevant to its findings which was substantially false or grossly misleading, nor did it substantially ignore its previously established rules of procedure. City Council voted 7-0 that the Planning and Zoning Board properly interpreted and applied the Land Use Code in approving the Plan, but that, based upon information presented to the City Council on appeal, the City Council, determined that the decision of the Board should be modified by the addition of the following conditions of approval: a. Five trees must be planted along the west side boundary of the property. b. Juliet balconies must be installed along the west side of the building as shown on the elevation presented to the City Council on appeal. C. The tower elements must be added to the building as shown on the elevation presented to the City Council on appeal. d. All materials cladding the building must be consistent on all elevations around the building. In order to complete the record regarding this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. END CONSENT 17. Consent Calendar Follow-up. This is an opportunityfor Councilmembers to comment on items adopted or approved on the Consent Calendar. 18. Staff Reports. 19. Councilmember Reports. 20. Consideration of Council -Pulled Consent 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 (five-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. 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. Page 4 of Loveland respectively. All three properties are leased by Harry Sauer for dryland wheat production and have been since the time of purchase of the properties by the Cities and County. Intergovernmental Agreements state which agency has management authority and receives the lease revenues for each property. As current leases expire on the properties, all three entities have worked collaboratively to create leases with similarterms and have advertised the properties for lease via one Request for Proposals process. This Ordinance, unanimously adopted on First Reading on June 4, 2013, authorizes dryland farm leases to Harry Sauer on these areas. The new leases have a higher lease rate and more contemporary language. Restoration of the dryland wheat to native grasses on the McKee parcel will continue at the same pace as in the past and it will nearly be completely restored to native grasslands by the end of the lease term of five years. 12.. Second Reading of Ordinance No. 083, 2013, Designating the Johnson Farm Property, 2608 East Drake Road as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 13. This Ordinance, adopted by a vote of 6-0 (Campana recused) on First Reading on June 4, 2013, designates the Johnson Farm Property at 2608 East Drake Road as a Fort Collins Landmark. The owner of the property, Gino Campana of Johnson Farm LLC, is initiating this request. Development to July 2, 2013. Encompass — River District Block One Mixed Use Development is a mixed use development at 418 Linden Street consisting of office space, residential space and a restaurant. The property is owned by Linden Bridges LLC. Several easements are required for this project for improvements in the right- of-way, bank stabilization and river enhancement, drainage and landscape areas. The Developer has requested that Second Reading of this Ordinance authorizing the conveyance of easements, be postponed until July 2, 2013, due to scheduling conflicts with the developer and the consultant. 14. First Reading of Ordinance No. 085, 2013, Appropriating Unanticipated Revenue in the General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. The Fort Collins Housing Authority paid the City of Fort Collins $3,169 as the 2012 payments for public services and facilities. The Authority requests that the City refund those payments, also known as Payment in Lieu of Taxes (PILOT), to fund sorely needed affordable housing related activities and to attend to the low-income housing needs of Fort Collins residents. Resolution 1992-093 reinstated the requirement that the Authority make annual PILOT payments to the City. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has annually remitted the PILOT payment to the Authority since 1992. 15. First Reading of Ordinance No. 086, 2013, Authorizing the Conveyance of a Non -Exclusive Access Easement on Fossil Creek Wetlands Natural Area to Paragon Estates Homeowners Association. The Natural Areas Department intends to formalize its verbal agreement with Paragon Estates Homeowners Association (HOA) for access across an existing two -track road off Trilby Road to the HOA's pumphouse. The pumphouse is located within an existing irrigation easement on Fossil Creek Wetlands Natural Area. The HOA's current access has minimal impact to the Natural Area and no additional impacts are anticipated. Access would be solely for maintenance and operation of the facilities associated with the existing irrigation easement. No other access rights are to be conveyed. 16. Resolution 2013-054 Making Findings of Fact and Conclusions Regardinq the Appeal of the April 18, 2013 Planning and Zoning Board Approval of the Max Flats Project Development Plan. On April 18, 2013, the Planning and Zoning Board considered and approved the application for the Max Flats, Project Development Plan. On May 2, 2013, a Notice of Appeal was filed seeking to modify the approval. Page 2 3. AGENDA REVIEW: 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 opportunity to pull Consent Calendar items. (will be considered under Item No. 20) Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 22) 4. CITIZEN PARTICIPATION Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker's time. Each speaker is allowed 5,minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual. Speakers are asked to: • State your name and address for the record. • Keep comments brief; if available, provide a written copy of statement to City Clerk. • Address your comments to Council, not the audience. • Promptly cease your comments when the allotted time expires. • You may not yield part or all of your time to another and another speaker will not be credited with time requested but not used by you. • Applause, outbursts or other demonstrations by the audience are not allowed. 5. CITIZEN PARTICIPATION FOLLOW-UP This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen Participation. The Consent Calendar consists of Items 6 through 16. 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. The Consent Calendar consists of: • Ordinances on First Reading that are routine • Ordinances on Second Reading that are routine • Those of no perceived controversy 0 Routine administrative actions. Karen Weitkunat, Mayor Gerry Horak, District 6, Mayor Pro Tern Bob Overbeck, District 1 Lisa Poppaw, District 2 Gino Campana, District 3 Wade Troxell, District 4 Ross Cunniff. District 5 Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Nelson, City Clerk Council Chambers City Hall West 300 LaPorte Avenue Cablecast on City Cable Channel 14 on the Comcast cable system The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Assisted hearing devices are available to the public for Council meetings. Please call 221-6515 (TDD 224-6001) for assistance. REGULAR MEETING June 18, 2013 No Proclamations are scheduled. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER. 2. ROLL CALL.