Loading...
HomeMy WebLinkAboutAMENDMENTS TO CHAPTER 29 526 OF THE CITY CODE RELATING TO THE LAND DEVELOPMENT GUIDANCE SYSTEM 4.16.91 CITY COUNCIL HEARING - 7 91 - AGENDA - FIRST READINGAGENDA OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO March 19, 1991 PROCLAMATIONS 6:15 p.m. a. Proclamation Naming April as National Law Care Month. b. Proclamation Naming April 1-8 as National Community Development Week. C. Proclamation Naming April 9, 1991 as Read -Aloud Day. REGULAR MEETING 6:30 p.m. PRESENTATION OF COLORS BY JUNIOR GIRL SCOUT TROOP #524. 1. PLEDGE OF ALLEGIANCE. 2. CALL MEETING TO ORDER. 3. ROLL CALL. 4. CITIZEN PARTICIPATION (limited to 30 minutes) 5. AGENDA REVIEW: CITY MANAGER CONSENT CAL ENDAR 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. 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 #21, Pulled Consent Items. 11 II PAGE 2 Items Pertaining to the Burns Annexation and Zoning. A. Second Reading of Ordinance No. 80, 1990, Annexing Approximately 46 Acres, Known as the Burns Annexation. B. Second Reading of Ordinance No. 81, 1990, Zoning Approximately 46 Acres, Known as the Burns Annexation, into the R-F, Foothills Residential, Zoning District. On July 17, Council unanimously adopted Resolution 90-105 Setting Forth Findings of Fact and Determinations Regarding the Burns Annexation and Zoning. On July 17, Council also unanimously adopted on First Reading Ordinance No. 80, 1990 and Ordinance No. 81, 1990, which annex and zone approximately 45.65 acres located west of Overland Trail and south of Drake Road (extended). The requested zoning is the R-F, Foothills Residential District. The property is largely undeveloped, two single-family residences are located on the property. The property is currently zoned FA-1, Farming in the County. This is a voluntary annexation. At the request of the applicant, consideration of the annexation was postponed to this date. Second Reading of Ordinance No. 25, 1991, Amending Section 5-110 of the Code Pertaining to Solid Fuel Burning Appliances. This Ordinance, which was unanimously adopted on First Reading on February 19, requires that any new or remodeled fireplace must be a gas appliance, an electric device, or a certified wood stove insert. The ordinance also includes non -substantive changes that simplify Section 5-110 and make it internally consistent. The intent of the ordinance is to reduce future degradation of air quality by capping the amount of wood smoke from fireplaces at the current level. It does not ban all fireplaces, rather it requires that new fireplaces use clean -burning alternative fuels or be equipped with low -pollution technology. This requirement is parallel to the current requirement for new wood stoves, which can be installed only if they are equipped with low - pollution technology. This ordinance does stoves, rather it increasing. Smoke proposals. not affect wood smoke from existing fireplaces and seeks only to prevent the amount of smoke from from existing units will be addressed in future 8. Second Reading of Ordinance No 27 1991 Aooropriating Unanticipated Revenue of $30,000 in the General Fund. On March 5, Council unanimously adopted Resolution 91-36 which authorizes PAGE 3 the Mayor to enter into an agreement between the City and Colorado State University to implement a joint Urban Community Recycling Support Program Grant. This Ordinance, which was unanimously adopted on First Reading on March 5, appropriates the grant funds. 9. Hearing and First Reading of Ordinance No. 31, 1991, Amending Section 29- 526 of the Code (Land Development Guidance System) Relating to Energy Conservation Methods. 10. The Land Development Guidance System seeks to encourage the use of energy conserving systems and measures in new non-residential development by providing an incentive for using such systems and measures in the development. This incentive is awarded during the land use review of a development plan, as a specific number of points and counts toward achieving the minimum percentage required on the Land Use Activity Point Charts. There are no clear standards to use in evaluating and awarding energy conservation points for non-residential planned unit developments. This Ordinance amends Section 29-526 of the Code (the LDGS), creating clear standards, in the form of the "Energy Conservation Methods". The Ordinance proposes two methods to use for evaluating and awarding energy conservation points for non-residential PUD's. These methods define the specific requirements for achieving each point level for the Energy Conservation Criterion and replace the existing point levels (0 - 2) with a wider range of points (0 - 4). This project was identified during the recently completed LDGS Performance Audit as a project of high importance, that will help bring consistency to the development review process, while encouraging energy conservation. While the proposed Ordinance does not address broader policy issues of whether energy conservation should be mandated, it does provide clear standards as an incremental step toward encouraging the use of energy conservation measures in new development in Fort Collins. The Planning and Zoning Board recommended adoption of the proposed Ordinance with a condition that the success of the Energy Conservation Methods be evaluated after one year. During the Performance Audit of the LOGS that was completed in October, 1990, a small but important issue arose as a result of input received from the private sector. In discussing master plan changes it became apparent that many people consider the name "Master Plan" to mean the equivalent of "City comprehensive plan" (i.e. Master Street Plan, Parks and Recreation Master Plan, etc.). The name should be changed to something that reflects its status as a privately proposed and publicly approved overall development plan for a parcel of private land. Presently, a master plan for the entire development site, together with the proposed preliminary plans for the first phase of development, is 12. 13. required if a property under one ownership is intended to be developed over time in two or more separate preliminary plan submittals. These amendments are "housekeeping" type changes and will replace the name "Master Plan" with "Overall Development Plan" throughout the Land Development Guidance System (where applicable). The Harmony Presbyterian Church has contested the validity of the assessment against its property for the Boardwalk Special Improvement District #77, primarily because the Church was not notified as the current property owner at the time of assessment. No assessments have been paid by the Church and in November of 1988, two tax certificates of purchase were issued to the City of Fort Collins for the property owned by the Church on which assessments had been levied. This Ordinance would authorize the sale of those tax certificates to the Church at a discounted amount equal to the original principal assessment levied on the Church property. Utility Easement Purposes. The owner/developer of the property known as the Horsetooth Business Park, located at the southwest corner of Horsetooth Road and Timberline Road, has requested vacation of the previously platted right-of-way on the property. The right-of-way was originally dedicated by the plats for the South Collins Tech Center First, Second, and Third Filings. The owner/ developer is proposing a new street system to serve the property and therefore the previously platted right-of-way is no longer needed. The area of the proposed right-of-way vacation shall be retained as a utility easement to protect the interests of the public and private utilities presently installed, until such time as the property is platted for new development and the utilities are relocated. Currently, Fort Collins Police Services leases and operates the Indoor Police Training Facility, which includes an indoor shooting range, classroom and physical skills training area. This facility is used by Police Services to train officers in critical job skills, i.e., firearms training and proficiency, CPR and First Aid training, crime scene, and communication skills training. Management and use of the facility is coordinated through the Fort Collins Police Services' Training Unit. Under the proposed intergovernmental agreements, outside law enforcement agencies will be permitted to use the facility for law enforcement related training. Mutual police training needs can be enhanced by permitting inter -agency use of the facility. Police Services continues to be approached by other regional law enforcement agencies seeking to use the facility. Additional intergovernmental agreements are anticipated. Each agreement specifies the number of hours each agency may use the facility, fees charged, permitted weapons and ammunition, permitted use of the facility, and, to the extent possible, indemnification provisions. 14. Resolution 91- The applicant and property owner, Betty Buderus, has submitted a written petition requesting annexation of approximately 134 acres located south of E. Vine Drive and west of I-25. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. The property is located within the Fort Collins Urban Growth Area. Accord- ing to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will consider the annexation property in the UGA when the property is eligible for annexation according to state law. The property gains the required 1/6 contiguity to existing city limits from a common boundary with the Frontage Road Industrial Associates Ltd. Annexation to the east. 15. Resolution 91-46 Approving a Priorities List for Development Projects Within the Central Business District. Resolution 90-178 of the City Council authorized two representatives of the DDA and two City Councilmembers along wit7h the City Manager to develop a list of specific priorities in the Central Business District. The list of priorities, developed by the City and the DDA would then be approved by the DDA Board and submitted to City Council for approval. The DDA Board has adopted the list of priorities, and they are now coming forward for Council consideration as directed by Resolution 90-178. 16. Resolution 91-47 Approving a Default Judgment Fee for the Fort Collins Municipal Court. Currently, the Municipal Court is authorized by Council to assess a $30 outstanding judgment/warrant (OJ/W) fee in certain traffic cases. This fee has been imposed when the defendant fails to appear or pay a fine on a traffic case. It is assessed at the time the warrant is issued for the defendant's arrest. The OJ/W fee is split evenly between the City and State and is designed to reimburse the City and State for the administrative costs of reporting the outstanding judgment or warrant and holding up the renewal of the defendant's driver's license until the matter 17. is addressed with the Court. The amount of the fee and the procedure it relates to are authorized by State statute. The OJ/W fee applies to traffic offenses which are misdemeanors and not traffic infractions. Council recently adopted the Rules for Traffic Infractions and amended the general penalty provision to make it clear that most traffic offenses handled in Municipal Court are traffic infractions. According to these Rules, if a defendant does not address a traffic infraction on or before the arraignment date, a default judgment is entered against him/her, the fine and certain costs are assessed and the points are placed on his/her driver's record. As with OJ/W's, the state statutes provide for a procedure whereby the defendant cannot renew his/her driver's license until the fines and costs assessed in a traffic infraction case are paid to the Court. A $30 default judgment fee can be assessed to cover the procedure which, like the OJ/W fee, is split evenly between the City and State. On June 7, 1990, the City purchased a 160 acre parcel of land located approximately 2 miles east of I-25 along the Poudre River as a possible site for a proposed regional wastewater treatment plant. As a part of that purchase, the sellers executed an assignment to the City of a farm lease with Greg Walker. Mr. Walker's lease is for a section of the "Riverside Farm" purchased by the City and for the adjoining property still owned by the sellers. The expiration date for the lease of the adjoining properties is December 30, 1992. However, the expiration date for the section purchased by the City was December 31, 1990. Mr. Walker has made an offer to the City to lease approximately 73 acres of arable land for two years, commencing January 1, 1991. The proposed lease agreement entitles Mr. Walker to plant and grow pinto beans and/or corn on the property and requires that he perform routine upkeep and maintenance of the fences around the property, along with other terms and conditions. The City will provide a limited amount of water (water rights which were purchased with the land) for use on the site. The City does not intend to begin using the site prior to the expiration of the lease. 18. Resolution 91- In 1988, the enabling legislation which created the Colorado Aeronautical Board and the Division of Aviation also established the Aviation Fund. This fund is comprised of revenues derived from aviation fuel taxes and was established to provide state assistance to airport projects not financed through FAA grant programs and/or to provide matching funds for available federal funds. The Colorado Aeronautical Board is in the process of establishing guidelines for distribution of these funds. Implementation of the Airport Assistance Program is anticipated in the late spring. In addition, the state statute authorizes the Division to assist only those airports which request assistance through a resolution by the airport's governing board. This resolution makes a formal request for technical assistance and funds. 19. Resolution 91-38 Amending the City of Fort Collins FireFighters' Pension Plan and Amending Resolution 90-41. In March of 1990, the Council approved, through the passage of Resolution 90-41, an amendment to the FireFighters Pension Plan (a defined benefit plan) which allowed active members of the plan to elect to convert to a money purchase plan. Resolution 90-41 set out the amendments, process, and procedures which would be required to allow members of the plan to convert to a money purchase plan. Since the passage of Resolution 90- 41, additional changes to the Firefighters' Pension Plan have been identified and will be incorporated into the plan by passage of this Resolution. Six of these changes reflect updates to bring the plan into compliance with required provisions of the Internal Revenue Service. Section 11 of the Resolution amends the previous Resolution 90-41 to allow distributions from the pension fund for the conversions prior to a formal determination by the IRS. The other amendments proposed correct a clerical error, delete a section unenforceable under the state law, update a reference to the New Hire fire plan and incorporate an affirmative statement that the Old Hire Plan is a governmental plan not subject to the Employee Retirement Income Security Act. 20. Routine Deeds and Easements. a. Easement from Certified Creations, Inc., one of four agreements needed for the Shields Street (Rocky Mountain Way to Casa Grande) project. Monetary consideration: $23,570 b. Powerline easement from Bradley S. Johnston, 415 Whedbee, needed to underground existing overhead electric services. Monetary consideration: $10. E N 0 C O N S E N T 21. Pulled Consent Items. Items pulled from the Consent Calendar will be considered at this time. 22. Staff Reports. 23. Councilmember Reports. Items Needing Individual Consideration 24. Second Reading of Ordinance No. 26, 1991, Authorizing the Sale of SouthRidge Golf Course to Accent Resources, Inc. On February 19, Council voted 6-1 to adopt on First Reading Ordinance No.