HomeMy WebLinkAboutINTERSTATE LANDS REZONE AND STRUCTURE PLAN AMENDMENT - 34-88D - AGENDA - CITY COUNCIL0
AGENDA
OF THE
•
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
April 4, 2000
Proclamations and Presentations
5:30 p.m.
A. Proclamation Proclaiming the Week of April 9-15, 2000 as "National Library Week".
B. Proclamation Proclaiming the Week of April 9-15, 2000 as "Week of the Young Child".
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
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
•
PAGE 2
116. CONSENT CALENDAR II
The Consent Calendar consists of Item Numbers 7 through 20. 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.
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 Agenda Item #29, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
7. Second Reading of Ordinance No. 26. 2000 Appropriating Prior Year Reserves in the
General Fund and Unanticipated Revenue in the Cultural Services and Facilities Fund for the
Franz -Smith Cabin Relocation Project.
Ordinance No. 26, 2000, which was unanimously adopted on First Reading on March 21,
2000, appropriates funds needed for the relocation of the Franz -Smith Cabin.
8. Second Reading of Ordinance No. 27, 2000 Authorizing the Conveyance of Temporary
Construction Easement and Non -Exclusive Easement for Storm Drainage for Registry Ridge
P.U.D. in the Colina Mariposa Natural Area.
Ordinance No. 27, 2000, which was unanimously adopted on First Reading on March 21,
2000, grants to DALCO Land Limited Liability Company ("DALCO") a temporary access
and construction easement on 3.933 acres and a permanent drainage easement on 9.320 acres
of land previously donated by DALCO to the City of Fort Collins as part of the Colina
Mariposa Natural Area.
PAGE 3
9. First Reading of Ordinance No. 30, 2000, Appropriating Unanticipated Revenue in the Storm
Drainage Fund and Authorizing the Transfer of Existing Appropriations in the Storm
Drainage Fund.
The City has received approval from the State Office of Emergency Management for two
grants funded by FEMA's Ummnet Needs Grant Program. The City plans to utilize these
funds for the expansion of the Flood Warning System and continuation of the Floodproofing
Program.
An objective of the Fort Collins Utilities is the mitigation of losses to life and property due
to flooding emergencies. There are twelve stormwater basins within the City that have the
potential for flash flooding with typical reaction times of less than one hour before major
damages are sustained. The Flood Warning Program consists of streamflow and
precipitation monitoring equipment to provide maximum warning time in the event of a
flooding emergency.
In 1998, the City received $150,000 of funds from FEMA to institute a Floodproofing
Program. The purpose of the Program is to mitigate repetitive losses from shallow flooding.
The Program utilizes grants to encourage construction of cost-effective floodproofing
measures. Through the Unmet Needs Floodproofing Grant, the City will continue the
Program in 2000.
10. First Reading of Ordinance No. 31, 2000, Designating the Fort Collins National Guard
Armory, 314 East Mountain Avenue as a Local Landmark Pursuant to Chapter 14 of the
Code of the City of Fort Collins.
The owner of the property, Terry Hamilton, is initiating this request for Local Landmark
designation for the Fort Collins National Guard Armory. The building is significant for its
architectural importance to Fort Collins, as a good example of vernacular masonry civic
architecture and as an example of the work of noted Fort Collins architect Arthur M. Garbutt.
The building also has historical significance to the City, as the oldest, and only remaining
National Guard Armory in Fort Collins.
11. First Reading of Ordinance No. 32 2000 Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment.
This Ordinance authorizes the Purchasing Agent to enter into a lease -purchase financing
agreement with Safeco Credit Company at 5.85 percent interest rate. The agreement shall
be for an original term from the execution date of the agreements to the end of the current
fiscal year. The agreement shall provide for renewable one-year terms thereafter, to a total
term of seven (7) years, subject to annual appropriation of funds needed for lease payments.
The total lease terms, including the original and all renewal terms, will not exceed the useful
PAGE 4
life of the property. This lease -purchase financing is consistent with the financial policies
of the City of Fort Collins.
12. Items Relatingz to Interstate Lands Rezoning:
A. Resolution 2000-52 Amending the City Structure Plan Map.
B. First Reading of Ordinance No. 33, 2000, Amending the Zoning Map of the City of
Fort Collins by Changing the Zoning Classification for That Certain Property Known
as the Interstate Lands Rezoning.
The parcels affecting the Structure Plan Amendments and Rezone request are known as the
Interstate Lands project. This item has three parts:
1. Request to amend the City Structure Plan as follows:
(a) Expand the Low -Density Mixed -Use Residential designation into the current
Employment designation.
(b) Expand the Urban Estate designation into the current Low -Density Mixed -
Use Residential designation.
(c) Designate a section of Prospect Road from the existing corridor further west
to County Road 5, then north to State Highway 14 (Mulberry Street) to the
Interstate 25 (I-25) interchange into the transit corridor.
2. Request to rezone five (5) parcels totaling 65.322 acres within an approximate 155.57
acre site as follows:
(a) Rezone property from Employment District (E) to Low Density Mixed -Use
Neighborhood District (LMN) consistent with 1 (a) above.
(b) Rezone property from Commercial District (C) to Employment District (E).
3. Make technical corrections to update the legal descriptions of zoning districts to
ensure the descriptions match the districts as shown on the zoning map.
13. First Reading of Ordinance No 34 2000 Amending the Zoning Map of the Cily of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Country Club Corners Rezoning.
This is a recommendation to change the zoning designation of 19 parcels totaling
approximately 23 acres located at the southeast corner of Willox Lane and North College
Avenue. Collectively, the parcels are known as the Country Club Corners shopping center.
PAGE 5
The proposed change is from the NC, Neighborhood Commercial zone district to the CN,
Commercial -North College zone district.
APPLICANT: The City of Fort Collins, Colorado
OWNERS:
First National Bank, Fort Collins Union Colony Bank, Fort Collins
Lukas Family LTD Ptnshp LP, Zephyr
Norbert J, Lukas Columbine Convenience Inc,
Albertsons
Dierenfield
Grease Monkey
LLC,RHLXTL
Poudre Valley Health Care
Poudre Health Services
Country Club Corners Shopping Center Rezone, file #55-95D is consistent with the City's
Comprehensive Plan and the North College Avenue Corridor Plan. The proposed rezoning
to CN — Commercial, North College District is appropriate for this property and is
compatible with existing and proposed uses surrounding the subject land. The proposed
rezoning will not result in significantly adverse impacts on the natural environment. The
proposed rezoning results in a logical and orderly development pattern.
14. First Reading of Ordinance No 35 2000 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Willow Springs Fifth Filing Rezoning.
Willow Springs Fifth Filing consists of 1.39 acres located between Timberline Road and
White Willow Way, south of Battlecreek Drive and north of C.R. #36. The site is currently
divided into two tracts. Tract C is an existing private neighborhood pool and clubhouse.
Tract D is an existing but unoccupied historic farmhouse with associated outbuildings.
In March of 1997, the parcel now platted as Willow Springs Fifth Filing was part of the
larger First Filing that was an approved single family detached P.U.D. As such, in
conjunction with the city-wide rezoning to implement City Plan, these 1.39 acres were
rezoned to R-L. This was inadvertent. Since the parcel was vacant (Tract C) and the historic
farmhouse (Tract D) was unoccupied, the parcel has development and re -development
potential and should have be rezoned to L-M-N. This rezoning request to L-M-N corrects
this oversight.
•
•
PAGE 6
15. First Reading of Ordinance No. 36, 2000, Vacating Portions of the Right -of -Way for Roma
Valley Drive, Dedicated on the Miramont Valley P.U.D.
This Ordinance vacates a portion of cul-de-sac right-of-way for Roma Valley Drive in order
to eliminate the dedicated cul-de-sac at the present terminus of Roma Valley Drive and
connect Roma Valley Drive to Mail Creek Lane. A portion of the Roma Valley Drive cul-
de-sac bulb would be considered excess with the street now connecting to Mail Creek Lane.
A replat of a portion of Miramont Valley P.U.D. was approved through a Type I review on
December 22, 1999, reflecting the elimination of the cul-de-sac and the connection of the
roadway to Mail Creek Lane. The approval of the replat allows the dedication of right-of-
way for Roma Valley Drive necessary to connect to Mail Creek Lane. In addition, the
connection of Roma Valley Drive to Mail Creek Lane was approved as an amendment to the
City of Fort Collins Master Street Plan by City Council on May 18, 1999.
16. Resolution 2000-53 Adopting the US287/SH14 Access Management Plan and Authorizing
the Execution of Related Intergovernmental Asreements Between the City of Fort Collins
Larimer County and the Colorado Department of Transportation and Makin C�ponding
Amendments to the Master Street Plan.
The purpose of this project is to develop an Access Management Plan for North College
Avenue (US287), Jefferson Street/Riverside Avenue (SH14), and Mulberry Street (SH14).
This is a joint project among the City of Fort Collins, Larimer County, and the Colorado
Department of Transportation (CDOT). We are using the consulting services of Felsburg,
Holt, & Ullevig, Balloffet & Associates, and Sherry Albertson -Clark to assist with the
preparation of the Access Management Plan.
17. Resolution 2000-54 Authorizing the Mayor to Execute an Intergovernmental Agreement with
the North Weld County Water District, the North Weld County Water District Enterprise
the Soldier Canyon Filter Plant and the City Water Utility Enterprise for the Delivery of
Potable Water.
The proposed intergovernmental agreement is the result of continued cooperative efforts
between the City and neighboring water districts. The agreement would enable the exchange
of treated water between the City and North Weld County Water District. The proposed
agreement calls for the City to receive treated Soldier Canyon water into its distribution
system at the treatment plant on west LaPorte Avenue and North Weld to take an equal
amount out of the City's transmission main at Summit View Road north of Vine Drive.
North Weld benefits by delaying construction of a transmission line for 10 to 15 years. The
City gains a return on capital investment in its transmission line from the rental of
transmission line capacity. Both entities gain from the increased flexibility in the event of
an emergency or during capital construction. The proposed agreement is modeled after an
existing agreement between the City and the Fort Collins - Loveland Water District.
•
•
PAGE 7
18. Resolution 2000-55 Authorizingthe e Cily Manager to Provide a Staff Support Person for the
Council Representative to the Cache La Poudre Commission.
In August 1999, the City Council adopted Resolution 99-105 authorizing the Mayor to
execute an intergovernmental agreement between Larimer County, Weld County, and the
Cities of Fort Collins, Loveland, and Greeley, concerning the Cache La Poudre River
Corridor Citizen Commission. The intergovernmental agreement recommended various
individuals to be representatives on the Commission. Mayor Pro Tern Chuck Wanner was
recommended as the representative for the City of Fort Collins.
The Commission is charged with carrying out the mandate of the Cache La Poudre Corridor
Act, Public Law 104-323, which was enacted by Congress in 1996. The mandate is to
develop an interpretive plan for the River corridor.
The City Manager will appoint a staff support person to assist the City's representative with
his work on the Commission.
19. Resolution 2000-56 Making Findings of Fact and Conclusions Regarding rig the Appeal of a
Decision of the Planning and Zoning Board Relating to the Mulberry-Lemay Crossings
Appeal.
On March 28, 2000, Council voted 6-0 to make the finding that the Planning and Zoning
Board did not fail to properly interpret and apply the relevant provision of the Code and
Charter and that the board did not fail to conduct a fair hearing by considering evidence
relevant to its findings which was substantially false or grossly misleading. In order to
complete the record regarding the appeal, Council should adopt a Resolution making findings
of fact and finalizing its decision on the appeal.
On February 3, 2000, Notice of Appeal was filed by a party -in -interest with respect to the
January 20, 2000 decision of the Planning and Zoning Board approving Mulberry-Lemay
Crossings, Lot One, Filing One, Final P.U.D.
At the March 28, 2000 hearing on this matter, Council considered testimony of the Planning
and Zoning Board record, staff and the appellants. In subsequent discussion at this hearing,
Council took the following actions:
Council determined that the Planning and Zoning Board did not fail to
properly interpret and apply the relevant provisions of the Code and Charter.
Council determined that the Planning and Zoning Board did not fail to
conduct a fair hearing in that it considered evidence relevant to its findings
which was substantially false or grossly misleading.
PAGE 8
Consequently, the January 20, 2000 decision of the Planning and Zoning Board approving
Mulberry-Lemay Crossings, Lot One, Final P.U.D. was upheld
20. Routine Easement.
A. Easement for construction and maintenance of electric utilities from Poudre School
District, located at Whedbee and Garfield Streets, to allow adjacent property to
connect to existing underground electric system. Monetary consideration: $100.
***END CONSENT***
21. Consent Calendar Follow:W.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
22. Staff Reports.
23. Councilmember Reports.
Committees that have met since March 21, 2000 include:
Governance Committee Legislative Review Committee
ITEMS NEEDING INDIVIDUAL CONSIDERATION
24. Second Reading of Ordinance No. 28 2000 Amending Chapter 20 of the City Code Relating
to Public Nuisance Violations.
Over the past few years, many people have contacted the City because of nuisance properties
in their neighborhoods. These houses are usually described as chronic problems, creating an
eyesore and, in many cases, disturbing the peace of others who live nearby. The public
nuisance ordinance would add a tool to the City's resources for dealing with these problems.
Though the City has existing laws to deal with many of the individual issues which neighbors
complain about, it currently has no effective way of dealing with these chronic problems if
the occupants of the properties fail to respond to enforcement efforts.
The Council Health and Safety Committee has worked with staff and the community over
the past nine months to develop and refine a proposed public nuisance ordinance. Input has
been received from more than 500 people via community meetings, e-mail, letters and phone
calls.
Staff believes this Ordinance accomplishes the goals of the Health and Safety Committee
while addressing many of the concerns expressed by members of the public. Ordinance No.
28, 2000, was adopted on First Reading on March 21, 2000 by a vote of 4-3.
•
•
PAGE 9
25. Consideration of the Appeal of the December 16, 1999, Determination of the Planning and
Zoning Board to Deny a Major Amendment to the South Glen PUD, Second Filing - Final,
Consisting of a Request to Eliminate the Existing Swimming Pool and Bath House Facility
at the east end of the 40 Dwelling Unit Multi -Family Residential Development.
This appeal was originally scheduled for the February 1, 2000 Council meeting, but was
postponed to this date at the request of the appellant.
On December 16, 1999, the Planning and Zoning Board denied a Major Amendment to the
South Glen PUD, Second Filing — Final, consisting of a request to eliminate the existing
swimming pool and bath house facility at the east end of the 40 dwelling unit multi -family
residential development.
The property is zoned LMN — Low Density Mixed Use Neighborhood (as of the effective
date of March 28, 1997 for the new Land Use Code). The property is located on the west side
of Albion Way, east of Manhattan Avenue, west of the New Mercer Canal and Burlington
Northern Railroad tracks, and approximately '/2 mile south of West Horsetooth Road.
26. Items Relating to the State Highwgy 14 Truck Route Relocation Project, Including Strategies
for Conforming to Ballot Initiative Mandates PreliminaryProject Structure, and Projected
Timelines.
A. Resolution 2000-51 Approving a Project Description, Process and Time Frame for
Compliance with Ballot Issue 200 Pertaining to the Relocation of the Colorado
Highway 14 Truck Route.
This Resolution will approve the various planning phases of the project.
B. Second Reading of Ordinance No. 29, 2000, Authorizing the Transfer of Funds from
the Northeast Truck Route Project Account into a New Account Entitled the Truck
Route Relocation Project Account and Appropriating the Expenditure of Funds from
Said Account to Meet the Requirements of Ballot Issue 200.
Ordinance No. 29, 2000, which was unanimously adopted on First Reading on March 21,
2000, transfers funds remaining in the Building Community Choices Northeast Truck Route
account to a new account earmarked for the purposes specified in the Initiated Ordinance.
27. Resolution 2000-57 Adopting the Transit Alternative for the Mason Street Transportation
Corridor.
This Resolution formally adopts the transit alternative for the conceptual design of the Mason
Street Transportation Corridor. The options for consideration are: at -grade rubber tire, light
PAGE 10
rail, and elevated transit. The Mason Street Lead Team, a group of twenty citizen volunteers,
assessed fourteen evaluation criteria and created a "weight" factor that was then applied to
the rating given to each transit option. This analysis was the basis for the recommendation
that City Council adopt at -grade rubber -tire transit for the conceptual design of the Mason
Street Transportation Corridor. The Transportation Board, Planning and Zoning Board, Air
Quality Board, and Council Growth Management Committee support the recommendation
of the Mason Street Lead Team.
28. First Reading of Ordinance No. 37. 2000, Amending Article 2 8 2(h)(2) of the Land Use
Code With Regard to Modifications of Standards.
This Ordinance would make two changes. The first change would clarify that, when a
modification of standards is requested under the Land Use Code, and the justification is
based upon a substantial benefit that the development will provide to the City, the mere fact
that the project will constitute an affordable housing project within the meaning of the Code
should not necessarily justify the granting of the modification of standard. The second
change would state that, when a modification of standards is requested under the Land Use
Code, findings should always be made in support of the decision on the application. At
present, findings are required only when the modification of standards is approved.
29. Pulled Consent Items.
30. Other Business.
31. Adjournment.
PAGE 11
AGENDA
MEETING OF THE BOARD OF DIRECTORS OF
WATER UTILITY ENTERPRISE
April 4, 2000
Regular Meeting
6:00 p.m.
(or as soon thereafter as the City Council completes its business)
Call Meeting to Order.
2. Roll Call.
Resolution No. 5 Authoriziny, the President of the Board to Execute an Intergovernmental
Agreement with the North Weld County Water District, the North Weld County Water
District Enterprise, the Soldier Canyon Filter Plant and the City of Fort Collins for the
Delivery of Potable Water.
The proposed intergovernmental agreement is the result of continued cooperative efforts
between the City and neighboring water districts. The agreement would enable the exchange
of treated water between the City and North Weld County Water District. The proposed
agreement calls for the City to receive treated Soldier Canyon water into its distribution
system at the treatment plant on west LaPorte Avenue and North Weld to take an equal
amount out of the City's transmission main at Summit View Road north of Vine Drive.
North Weld benefits by delaying construction of a transmission line for 10 to 15 years. The
City gains a return on capital investment in its transmission line from the rental of
transmission line capacity. Both entities gain from the increased flexibility in the event of
an emergency or during capital construction. The proposed agreement is modeled after an
existing agreement between the City and the Fort Collins - Loveland Water District.
4. Other Business.
5. Adjournment.
No Text