HomeMy WebLinkAboutWAFFLE HOUSE - PDP - 17-02 - AGENDA - APPEAL TO CITY COUNCILPAGE 10
On September 30, 2002, the Administrative Hearing Officer approved the subject Project
Development Plan, which involves removing an existing C luck-U fast-food chicken restaurant and
constructing a new Waffle House restaurant. The property is an existing lot on the east side of
College Avenue, between Myrtle and Laurel streets. The lot is bounded by the historic Darrah
House next door to the north, and Outpost/Sunsport retail shop next door to the south, with an
alley to the east. The area is zoned C-C, Community Commercial District.
On October 24, 2002, the City Clerk's office received an Amended Notice of Appeal of the
decision to approve the PDP. In this Appeal, fromthe Appellants Judith A. and Grant W. Reid,
it is alleged that:
(1) The decision maker failed to conduct a fair hearing; and
(2) The decision failed to properly interpret and apply relevant provisions of the Land Use
Code.
30. First Reading of Ordinance No. 181, 2002, Repealing and Re-enacting Article III ofChapter 12
of the City Code, Regarding Smoking in Public Places and Places of Employment.
Over the course ofthe past few years, the City Council has been considering potential changes to
the existing City Code language restricting smoking in public places and public meetings. After
reviewing information regarding the issue of smoking in public places at its June 4; 2002, and
September 24, 2002, study sessions, Council directed staffto present for consideration at a regular
Council meeting the model ordinance developed and supported by the Colorado Tobacco
Education and Prevention Association ("CTEPA"), adapted as appropriate for the Fort Collins
City Code and organizational structure. The Council also requested that ordinance language
reflecting various possible modifications to the CTEPA model of interest to the Council be
prepared and presented to the Council for consideration along with that ordinance.
31. Items Relating to the Manufacturer's Use Tax Rebate Program.
A. First Reading of Ordinance No. 182, 2002, Appropriating Prior Year Use Tax Carryover
Reserves for the Manufacturer's Use Tax Rebate Program.
B. First Reading of Ordinance No. 183, 2002, Appropriating Prior Year Use Tax Carryover
Reserves for the Manufacturer's Use Tax Rebate Program for Symbios Logic.
In March 1996, City Council approved a temporary rebate program for use tax paid on
manufacturing equipment. The program was amended in February 1999 to include several changes
suggested by staff and the manufacturing community. The goal of the program is to maintain the
local economic base by providing modest tax relief to manufacturing concerns located in Fort
Collins. During 2001, the City of Fort Collins received about $3.6 million in use tax receipts from
eligible companies within the Standard Industrial Code classification for manufacturers. This
constitutes 48% of all use tax paid by local businesses in 2001.
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On September 25, 2002 at a regular meeting, the Landmark Preservation Commission discussed
this function and made the decision to recommend that the City decline the reviewing entity function
for the Colorado Historic Preservation Income Tax Credit in 2003. The basis for this
recommendation is twofold. First, the demand for staff resources to administer the State's program
has steadily grown as the tax credits have become more popular, and as a result has taken staff
resources away from other, higher priority local preservation activities. Secondly, the Tax Credit
Program contains some requirements which the City has no control over, yet it has created discord
for both the City and applicants. The Landmark Preservation Commission and City staff believe
that the "costs" outweigh the "benefits" of continuing to assume the review authority.
24. Routine Easement.
A. Easement for construction and maintenance of public utilities from Sand Hill Co., LLLP,
to install a padmount transformer to place existing overhead electric system under ground,
located at 204 Second Street. Monetary consideration: $100.
***END CONSENT***
25. Consent Calendar Follow-W.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
26. Staff Reports.
27. Councilmember Reports.
ITEMS NEEDING INDIVIDUAL CONSIDERATION
28. Second Reading ofOrdinance No. 162, 2002. Amending Chapter 23 ofthe City Code by Adding
a Provision Authorizing the Early Morning Closure of City -Owned Property in the Old Town
Plaza.
This Ordinance, which was adopted 5-2 on November 5, 2002, amends Chapter 23 of the City
Code by adding a provision to the Code authorizing the early morning closure of certain City -
owned property within Old Town Plaza to ensure that such property remain safe and is properly
protected.
The language of the ordinance has modified between fast and second reading to more precisely
define the area being closed by the City.
29. Consideration of the Appeal of the September 25, 2002, decision of the Administrative Hearing
Officer to approve the 616 South College Avenue, Waffle House Project Development Plan
P� DPI
AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
November 19, 2002
Proclamations and Presentations
5:30 p.m
A. Proclamation Proclaiming November 21, 2002, as "Feed America Thursday".
B. Proclamation Proclaiming the Week ofNovember 17-23, 2002 as "American Education Week".
C. Proclamation Proclaiming November 20, 2002 as "Celebration of Families Day".
Regular Meeting
6:00 p.m.
PRESENTATION OF COLORS BY WEBELO RAMS
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during
Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER