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HomeMy WebLinkAboutTHE DISTRICT @ CAMPUS WEST PDP - APPEAL OF H.O. DECISION - PDP120003 - AGENDA - APPEAL TO CITY COUNCILPage 11 40. Consideration of Two Appeals of the Hearing Officer's May 7, 21 ecision_to-A roveahe.Distcict at Campus West Proiect Development Plan (staff: Ted Shepa dS. m nute staff presentatiorr-2 hours ' discussion) In January 2012, Fort Collins Student Housing, LLC, submitted a Project Development Plan for multi- family dwellings in the C-C, Community Commercial zone district. As proposed, the project consists of the redevelopment of 16 existing houses and vacation of two public streets on the north side of West Plum Street for the purpose of constructing three new buildings, including a parking structure, containing 193 dwelling units on 3.34 acres. The parcel is between Aster Street on the east and City Park Avenue on the west. On Aprils, 2012 and on April 23,2012, the Hearing Officer conducted public hearings inconsideration of The District at Campus West P.D.P. On May 7, 2012, after testimony from the applicant, the public and staff, the Hearing Officer issued a written decision approving the P.D.P. with one condition ensuring proper vacation of public streets. On May 21, the Zeta Tau Alpha (ZTA) Fraternity Housing Corporation filed a Notice of Appeal. On May 19, Robert M. Meyer filed a Notice of Appeal, which was superceded by an Amended Notice of Appeal, filed May 29. Both appeals seek redress of the Hearing Officer's decision. The ZTA appeal alleges that the Hearing Officer failed to properly interpret and apply relevant provisions of the Land Use Code, specifically Sections 3.2.3(A) and 3.5.1. The Meyer appeal also alleges that the Hearing Officer failed to properly interpret and apply relevant provisions of the Land Use Code, specifically Sections 3.2.3(D) and 3.5.1(B,C,D and G). 41. Second Reading of Ordinance No. 051 2012. Mi—iNno Various Amendments to the Land Use Code. (staff: Ted Shepard; minute staff presentatio ;�ute discussion) td�n This Ordinance, unanimously adopted on First Reading on June 5, 2012, makes a variety of proposed changes, additions and clarifications in the 2012 annual update of the Land Use Code. 42. Consideration of Citizen -Pulled Consent Items 43. Other Business. a. Motion to cancel the Tuesday, August 7, 2012 Regular Meeting for Neighborhood Night Out. 44. Adjournment. a. Motion to adjourn to Tuesday, July 24, 2012 for a possible executive session. L- Q.u-w-X 14i .4.� m� 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 majorityvote, extend a meeting until no laterthan 12:00 a.m. forthe 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 Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. Page 10 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. 38. Hearing and First Reading of Ordinance No 071 2012 Amending the City of Fort Collins District - Precinct Mao. (staff: Rita Harris; 5 minute staff presentation; 30 minute discussion) This Ordinance amends the City of Fort Collins District -Precinct Map in accordance with Article II, Section 1(c) of the City Charter and Chapter 7, Article III, Division 3 of the City Code. The District boundaries established in the amended map will be used for determining eligibility for City Council district offices for the April 2013 election and determining eligibility for any interim appointments to fill any City Council office vacancies which may occur after July 27, 2012. 39. Items Relating to a Citizen -Initiated Ordinance to Submitting a Citizen -initiated Ordinance To Reoeal the Current Ban on Medical Marijuana Businesses in the City and Enact a New Licensing System for Such Businesses to the Registered Electors of the City at a Special Municipal Election to Be Held on November 6. 2012, in Conjunction with the Larimer County General Election (staff: Rita Harris; 5 minute staff presentation; 30 minute discussion) A. Presentation of a Petition for a Citizen -Initiated Ordinance that Would Reverse the Ban on Medical Marijuana Businesses and Strictly Regulate, Control and Permit a Limited Number of State -authorized Medical Marijuana Businesses Within the City of Fort Collins and Establish Reasonable Restrictions on the Signage and Advertising of These Businesses to Match Community Needs. (No Action Needed) B. Resolution 2012-062 Submitting a Proposed Citizen -Initiated Ordinance to Strictly Regulate, Control and Permit a Limited Number of State -authorized Medical Marijuana Businesses Within the City of Fort Collins and Establish Reasonable Restrictions on the Signage and Advertising of These Businesses to Match Community Needs at a Special Municipal Election to Be Held on November 6, 2012, in Conjunction with the Larimer County General Election. The City Clerk's Office received an initiative petition on June 19, 2012, which has been determined to contain a sufficient number of signatures to place an initiated measure before the registered electors of the City at a special election. Pursuant to the City Charter, upon presentation of an initiative petition certified as sufficient by the City Clerk, the Council must either (1) adopt the proposed ordinance without alteration within 30 days; or (2) submit such proposed measure, in the form petitioned for, to the registered electors of the city. Pursuant to Article X, Section 4 of the City Charter, an initiated measure submitted to the registered electors of the City cannot be repealed or amended except by a subsequent electoral vote. Therefore, in this instance, Council cannot exercise the option to adopt the proposed ordinance because, in part, it repeals the measure approved by the voters in November 2011. Page 9 has discovered an error in the name of a funded program in Resolution 2012-035, under the 2012_ Human -Services -Program KFCG Funds Section, in the Table outlining funding allocations. The first line should read: $226 Catholic Charities: Senior Outreach. This Resolution corrects the error and restates the City Council's approved funding allocations. 32. Resolution 2012-060 Appointing Teresa Ablao as Temporary Judge and Authorizing the Execution of an Employment Agreement The City Charter provides for the appointment of a temporary judge (commonly referred to as the Assistant Municipal Judge) to serve in the absence of the Municipal Judge. Gordon. Esplin, who has served as the City's Assistant Municipal Judge since 1989, is resigning. After advertising the position, reviewing application materials, and conducting interviews, Municipal Judge Kathleen M. Lane recommends that Teresa Ablao be appointed as the Assistant Municipal Judge, Ms. Ablao will be paid $75 per hour for her services, a rate comparable to what is paid by other municipalities to their Assistant Municipal Judges. 33. Resolution 2012-061 Making Appointments to Various Boards and Commissions This Resolution makes appointments to fill current vacancies on the Citizen Review Board, Economic Advisory Commission, and the Landmark Preservation Commission. END CONSENT 34. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 35. Staff Reports. a. Mason Minute - Mason Street Conversion and Construction Impacts b. October 2011 Storm Clean-up - Mulch Madness C. Recognition of Larry Schneiderfor his involvementas co-founderof the Colorado Association for Roadway Maintenance. 36. . Councilmember Reports. 37. Consideration of Council -Pulled Consent Items ef{ 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. 37) 0 Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 42) 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. • State your name and address for the record. • Applause, outbursts or other demonstrations by the audience are not allowed • Keep comments brief; if available, provide a written copy of statement to City Clerk 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 33. 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: • Ordinance on First Reading that are routine • Ordinances on Second Reading that are routine • Those of no perceived controversy • Routine administrative actions. 6. Consideration and Approval of the Minutes of the June 5 2012 Regular Meeting and the June 26 2012 Adiourned Meeting. Karen Weitkunat, Mayor Kelly Ohlson, District 5, Mayor Pro Tern Ben Manvel, District 1 Lisa Poppaw, District 2 Aislinn Kottwitz, District 3 Wade Troxell, District 4 Gerry Horak, District 6 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 July 17, 2012 A. Proclamation Declaring August 7, 2012 as Neighborhood Night Out. B. Proclamation Declaring August 6-10, 2012 as Supply our Students Week, C. Proclamation Declaring July 28, 2012 as National Day of the Cowboy. D. Proclamation Declaring August 3-7, 2012 as Larimer County Fair and PRCA Rodeo Days. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER. 2. ROLL CALL. Recognition of Kierra Vaughan, Kinard Core Knowledge Middle School 8th Grade Winner of the Colorado Municipal League's "If I were Mayor,..." Essay Contest.