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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 11/05/2020 Jeff Hansen, Chair Hybrid Hearing Michelle Haefele, Vice Chair City Council Chambers Per Hogestad 300 Laporte Avenue David Katz Fort Collins, Colorado Jeff Schneider Ted Shepard Cablecast on FCTV Channel 14 & William Whitley Channel 881 on Comcast 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. Please call 221-6515 (TDD 224- 6001) for assistance. Special Hearing November 5, 2020 Chair Hansen called the meeting to order at 6:05 p.m. Roll Call: Haefele, Hansen, Hogestad, Katz, Shepard, Whitley Absent: Schneider Staff Present: Sizemore, Yatabe, Holland, Gloss, Beals, Stephens, Claypool, Virata, Lindsey, Van Zee, Mapes, Beals and Manno Chair Hansen provided background on the board’s role and what the audience could expect as to the order of business. He described the following procedures: • While the City staff provides comprehensive information about each project under consideration, citizen input is valued and appreciated. • The Board is here to listen to citizen comments. Each citizen may address the Board once for each item. • Decisions on development projects are based on judgment of compliance or non-compliance with city Land Use Code. • Should a citizen wish to address the Board on items other than what is on the agenda, time will be allowed for that as well. • This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure that everyone who wishes to speak can be heard. Agenda Review Interim PTD Director Sizemore reviewed the items on the Discussion Agenda, stating all items will be heard as originally advertised. Planning and Zoning Board Minutes DocuSign Envelope ID: 15CE2612-D594-4D1E-9E11-45A9718CDEC1 Planning & Zoning Board November 5, 2020 Page 2 of 8 Public Input on Items Not on the Hearing Agenda: None noted. Consent Agenda: None Discussion Agenda: 1. Rezoning to Manufactured Housing Zone District Project Description: This is a City-initiated request to rezone six properties containing manufactured housing communities from the Low-Density Mixed-Use Neighborhood (LMN) zone district to the Manufactured Housing (MH) zone district. Recommendation: Approval Secretary Manno stated staff has received one email since the worksession from Dave Osborn who opposes the rezoning and an inquiry from Member Shepard about pricing details for mobile homes. Member Shepard disclosed that he is a volunteer member of the Partnership for Age-Friendly Communities which has received a small grant from the Home to Help program to do some interviews and focus groups to discussion housing and health. He stated he has done some facilitations at the Skyline Mobile Home Park; however, the City- initiated rezoning was never discussed with residents nor management and as a result, he feels he can be fair and unbiased in considering the topic. Staff and Applicant Presentations Cameron Gloss, Planning Manager, stated this is a City-initiated request to rezone six different properties that contain manufactured housing, and the Board will be making a recommendation to City Council. He stated the properties range in size and are all currently zoned LMN. He provided details about the location of each of the six properties and noted correspondence from two other individuals expressing concerns about the rezoning was received. He noted two of the properties would retain some of their LMN zoning while the other four would be completely MH zoning. Gloss discussed the relative affordability of manufactured housing and stated there is a demonstrated need for it in the community. He stated staff evaluates rezoning requests for consistency with the Comprehensive Plan, or requests can be warranted by changing conditions in the neighborhood. He also noted the Board can consider additional factors including compatibility, adverse natural environment impacts, and whether the change would be part of a logical and orderly development pattern. He stated staff has found the rezonings to be consistent with adopted policy noting this change would preserve the much-needed stock of manufactured housing in the community. Gloss discussed the place types supported by each of the manufactured housing communities and discussed the ways in which the rezonings support adopted policies. He detailed the public outreach process and noted conversations were held with all but one of the property owners. Vice Chair Haefele asked if the two properties that would retain some LMN zoning are each owned as an entire property. Gloss replied in the affirmative. Public Input (3 minutes per person) Corina (indecipherable last name) supported the rezonings as they will preserve the manufactured housing stock. DocuSign Envelope ID: 15CE2612-D594-4D1E-9E11-45A9718CDEC1 Planning & Zoning Board November 5, 2020 Page 3 of 8 Rebecca Mendoza supported the rezonings as they will preserve the manufactured housing stock and will allow for residents to provide an inheritance for their children. Theresa Gonzales supported the rezonings as they will preserve the manufactured housing stock. Theresa Ramirez supported the rezonings as they will preserve the manufactured housing stock. Peter Goldstein, Northstar Mobile Home Park owner, expressed support for the rezoning but expressed concern regarding the potential split zoning for his property noting it is difficult to find tenants for the commercial building that fits within the allowed uses. Charlotte Lopez stated she would like to be able to leave a legacy for her children and requested clarification this change would mean she does not have to move. Tawny Payton, Rocky Mountain Home Association Executive Director, stated the preservation of affordable housing, specifically manufactured home communities, was achieved through the passage of House Bill 20-1201, which provides residents the opportunity to purchase communities should they be offered for sale. She stated zoning of this nature discourages investment in this space. She stated the rezonings constitute an illegal taking and decrease the quality of life for residents. Staff Response Gloss noted staff has previously had conversations with Mr. Goldstein regarding his concerns about the permitted uses within the LMN district. He noted the LMN neighborhood center designation was assigned to this property through a previous interpretation by the zoning administrator and it allows a wide variety of non-residential uses, including retail, financial services, daycare, worship, and other services. He noted the physical layout of the site may prove difficult to provide adequate circulation and parking. Board Questions / Deliberation Chair Hansen noted the intent of these rezonings is to help residents keep their homes. Member Katz thanked the citizens for their comments and clarified there are no proposed developments threatening any of these communities at this time. Member Shepard noted music studios, micro-breweries, micro-distilleries, and micro-wineries are also allowed uses in the neighborhood center. Vice Chair Haefele clarified this is not the only opportunity for these rezonings to occur. Gloss stated there are nine manufactured housing communities in Fort Collins and the three not being considered as part of this item have either commercial or split zoning. He noted it is always the right of a property owner to initiate a rezoning through a petition, or the City can initiate the process as is the case with this item. Chair Hansen noted the MH zone does allow some commercial or retail uses as support for manufactured housing communities and asked if the LMN zoned segment of the Northstar property could be expanded to allow for a more functional space. Gloss replied that would not be prohibited, but the use would need to fall under an MH use. Member Katz asked if all these properties meet density requirements as they exist currently. Gloss replied in the affirmative. Member Shepard requested staff discuss the comments provided by Dave Osborn. Gloss replied three individuals have provided comments regarding the Cottonwood site, which is the smallest of the six. The comments were related to the condition of the park, lack of landscaping, and a concern that the City previously adopted a policy that there be a minimum of 50 units necessary for the retention of a community. Member Katz stated he is struggling to recommend approval of these rezonings citing the rights of property owners. DocuSign Envelope ID: 15CE2612-D594-4D1E-9E11-45A9718CDEC1 Planning & Zoning Board November 5, 2020 Page 4 of 8 Member Shepard asked if property owners would have the right to petition the City to rezone their properties at some point in the future if this were to move forward. Assistant City Attorney Yatabe replied in the affirmative and reminded the Board it is being asked to make a recommendation based on Land Use Code standards and whether the rezonings are consistent with the City's Comprehensive Plan and/or are warranted by changed conditions. Vice Chair Haefele noted the entire point of establishing this zone district was to ensure there was at least some protection for the residents for whom this is the only affordable option. She noted it cannot be constituted as a taking because it does not eliminate all economic use. Chair Hansen noted the proposed rezonings are not in anticipation of any redevelopment, but are rather an attempt at matching the zone district to the existing use and asserting the City's recognition that preserving this type of housing is important. Member Katz agreed, but stated there should be other measures afforded to property owners. Member Shepard noted the Board packet contains an attachment entitled the affordable housing redevelopment displacement mitigation strategy report which contains a great deal of information related to the unique niche filled by this housing type. Vice Chair Haefele stated this is not symbolic and this change would at least slow down the prospect of a property owner using a manufactured housing community as a placeholder for a future more lucrative development that would come at the expense of hundreds of families. Member Whitley agreed with Vice Chair Haefele and expressed support for the rezonings. Member Shepard stated there is a point to be taken from Mr. Osborn's letter regarding the cycle of this investment. He commented on the need to work with the Building Department, Neighborhood Services, and Social Sustainability to ensure residents do not experience a declining quality of life. Chair Hansen commented on his experience living in a mobile home park as being key to establishing his success in Fort Collins. He stated that while this is one step, more needs to be done to protect this housing type asset. Member Hogestad stated he hopes these rezonings will help provide stability to these neighborhoods. Vice Chair Haefele made a motion, seconded by Member Shepard, that the Fort Collins Planning and Zoning Board recommend to City Council approval of the Manufactured Housing Rezoning, REZ200003, based on the findings of fact in the staff report and the input received at this hearing. Vice Chair Haefele stated she would not like this to be the end of this process and encouraged the City to ensure better maintenance and living conditions. Member Shepard concurred and encouraged staff to be very flexible when an applicant attempts to redevelop, create a new tenant mix, or provide an addition in the LMN-zoned parcels so as to create more economic viability and to create an incentive to reinvest in the park infrastructure. Member Katz stated he hopes this sparks more conversation about increasing and improving the standard of living for all manufactured housing communities in the city; however he is not comfortable rezoning someone's land involuntarily and possible devaluing it in the future. Member Shepard suggested a friendly amendment to include in the motion that this proposal is consistent with the Comprehensive Plan, is warranted by changed conditions of the neighborhood, is compatible with existing and proposed uses, is an appropriate zone district for the land in question, offers no adverse impacts on the natural environment, and will result in a logical and orderly development pattern. Vice Chair Haefele accepted the amendment as friendly. Vote: 5:1 with Member Katz dissenting. DocuSign Envelope ID: 15CE2612-D594-4D1E-9E11-45A9718CDEC1 Planning & Zoning Board November 5, 2020 Page 5 of 8 2. Annual Land Use Code Update Project Description: This is a request for a recommendation to City Council regarding an update to the Land Use Code. There are proposed revisions, clarifications, and organization to the Code that address specific subject areas that have arisen since the last update in the fall of 2019. Recommendation: Approval Secretary Manno stated no communications have been received on this topic since the worksession. Member Shepard stated he was contacted by an individual in Fort Collins who owns vacant land, and he referred the individual to the Zoning Department. No aspects of the proposed Code revisions were discussed. He also disclosed he had a conversation with a general contractor who builds accessory buildings with habitable space; therefore, he would not be impacted by these changes. Additionally, he disclosed he had a conversation with a local architect who does build carriage houses and who allayed some concerns which he will discuss when that item comes up. (**Secretary's Note: The Board took a brief recess at this point in the meeting.) Secretary Manno took roll call to ensure all Members were present given the hybrid meeting format. Staff Presentation Noah Beals, City Planner, stated this item is a recommendation on the annual Land Use Code update. He noted the Board has been discussing these updates over the past several worksessions. He noted one Code change that garnered significant discussion was related to wetland boundary delineation. Scott Betton, Environmental Planner, stated this change is an effort to clarify that all wetlands, not just those declared by the Army Corps of Engineers, will be delineated in the same manner using the industry standard 1987 wetland delineation manual and the appropriate regional supplement. Member Shepard mentioned the item related to connecting walkways for carriage houses and thanked Beals for clarifying this would not apply to accessory buildings with habitable space, or a carriage house without a kitchen. He stated concerns passed along to him by a local architect had to do with the cost of the walkway and issues with gas meters, extended downspouts, slopes, air conditioning units, and shrubbery. He asked if corner lots would be able to comply by running the walk to the side street and not the front street. Beals replied in the affirmative. Member Shepard asked if a carriage house located on a corner lot would be able to get an address on the side street or if it would have to take an address off the front street. Beals replied it may be possible to take an address from a side street as the part of the requirement is ensuring the address is visible from the public right-of-way for first responder access. Member Shepard asked if the walkway could be run to paved alleys. Beals replied that would not likely be allowed as alleyways are typically cluttered with dumpsters; therefore, Poudre Fire Authority does not count them as places they can stage in an emergency. Chair Hansen asked if the walkway must be concrete or if it can be any other material. Beals replied it does not have to be concrete. Chair Hansen asked if there are any regulations addressing how the carriage house address is to be displayed. Beals replied the Sign Code would apply if the signage were larger than 6 inches, which is large enough to be visible from the public right-of-way. Member Shepard questioned whether the connecting walkway standard should be broken out so a specific standard for the carriage house exists as it is currently written in a way that would make it seem to apply to many DocuSign Envelope ID: 15CE2612-D594-4D1E-9E11-45A9718CDEC1 Planning & Zoning Board November 5, 2020 Page 6 of 8 different kinds of housing types. Beals replied the Code speaks specifically to a single-family detached unit and duplex would already have the walkway requirement. Member Shepard stated this will be a significant change in the existing development pattern the community has experienced over the last several decades and he encouraged staff to be flexible in enforcing it. Vice Chair Haefele questioned how this standard would apply to existing non-compliant dwellings. Beals replied any structure built under a Code that then changes becomes a legal, non-conforming use and would not trigger the need for a permit unless it went through a development review process. Member Hogestad stated there are a few items that are new or extensively rewritten and questioned whether their scope is beyond the intent of the annual update. He suggested they should be sent to Council as new Code items rather than updates. Vice Chair Haefele agreed. Member Hogestad stated items 3, 13, 16, 21, and 25 are either radically rewritten or are brand new. Chair Hansen suggested the possibility of making separate motions to bring more attention and scrutiny to those specific items. Member Hogestad expressed concern the Board is not getting enough discussion on these items and stated they should come before the Board entirely separately. He proposed sending Council a recommendation on all but the five items he mentioned. Assistant City Attorney Yatabe suggested the Board ask for public comment before additional discussion. Vice Chair Haefele asked if the changes proposed to the wetland delineation item in any way diminish or limit the ability to define a wetland. Betton replied it would not and language was added to clarify the City claims jurisdiction over any wetland not claimed by the Army Corps of Engineers. Public Input (3 minutes per person) None. Board Questions / Deliberation Assistant City Attorney Yatabe suggested the Board may want to form a recommendation to Council that it not adopt these five specific changes as they are substantive changes outside the scope of the Land Use Code update. Boardmembers discussed the appropriate way to have the discussion around these items. Chair Hansen requested discussion around item number 3. Beals stated appealing a minor amendment is not brand new and this language intends to make that a clearer process. Member Hogestad stated the item is an extensive piece of information new to the Land Use Code. Member Shepard asked if this is considered to be a process improvement. Beals replied in the affirmative and stated that while the language is new in this section, much of the language is taken from other appeal processes. Vice Chair Haefele stated the issue that needs additional vetting is around who is eligible to file an appeal. She stated she asked at the worksession how minor amendments are advertised and was told notification is not mailed to adjacent property owners nor are the minor amendments part of an agenda; therefore, there is a question as to how anyone would be able to provide written comment and therefore become a party-of-interest. Chair Hansen requested discussion around item number 13. DocuSign Envelope ID: 15CE2612-D594-4D1E-9E11-45A9718CDEC1 Planning & Zoning Board November 5, 2020 Page 7 of 8 Member Hogestad stated the concept is brand new and needs additional discussion and public input. Member Shepard agreed the topic looks brand new from an outside perspective; however, the topic of second kitchens has been discussed at the staff level for quite some time. Beals stated second kitchens have been allowed in practice under the standards outlined in this proposed section and this codifies that language for applicants and staff. Member Hogestad stated he could see ways around this and suggested graphics could help. Vice Chair Haefele expressed concern about homes getting an affidavit-certified second kitchen and stated neighbors should be notified. Chair Hansen requested discussion around item number 16. Member Shepard stated this item is not new and does not provide any content change. He suggested this is a semantic change that clarifies the Code and removes an antiquated reference to something that has never been built. Beals agreed with Member Shepard's summary and stated the item rearranges the language in the section. Clark Mapes, City Planner, stated there is no new language here but only removes the term 'street-like private drive' and puts the same language under the heading 'private streets.' Vice Chair Haefele stated she is comfortable leaving this item in as an update. Chair Hansen requested discussion around item number 21. Mapes stated section B, the half-story, is a definition in Article 5 and this item copies and pastes the definition to this section. Regarding section C related to 25 feet from floor to floor, the proposed language brings in the idea of using the eave or wall plate height as a floor to floor portion of the building does not always exist in the case of single-story buildings or the top story of a building for example. The proposed section D attempts to clarify the intent that the 12-foot, 8-inch measurement is a wall measurement and does not include the roof. Chair Hansen requested discussion about item number 25. Member Hogestad expressed concern about the new information. Beals replied the item consolidates all the standards around building height into one area. Mapes clarified this is not new language and the majority of it is copied and pasted from different subsections. He stated the goal is to make the Code more user-friendly. Member Katz stated he is comfortable with all of the items being discussed this evening and having none of them moved to be discussed at a different time. Assistant City Attorney Yatabe reiterated the Board should make some type of recommendation on each item. Vice Chair Haefele made a motion, seconded by Member Hogestad, that the Fort Collins Planning and Zoning Board recommend that City Council adopt the Land Use Code changes as presented by staff with the exception of the changes to Land Use Code Section 2.2.10(A)(5) regarding appeals of minor amendments and basic development reviews and with the exception of changes to Land Use Code Section 3.5.2(H) regarding second kitchens because these changes are not inconsequential clarifications but rather substantive changes that should be considered as separate Code changes following additional analyses by staff and appropriate public input. Member Shepard stated he would support the motion and expressed appreciation for the staff work. He noted the Board may need to be more accepting of the fact that new language is sometimes part of the annual update. Member Hogestad stated he is not opposed to new language, just entirely brand new topics being part of the update. Chair Hansen commended the changes that make the Code more user-friendly. Vote: 6:0. DocuSign Envelope ID: 15CE2612-D594-4D1E-9E11-45A9718CDEC1 Planning & Zoning Board November 5, 2020 Page 8 of 8 Other Business Chair Hansen noted the Board has many upcoming items and suggested there may be a need for additional hearing dates. Sizemore outlined the available dates for FCTV and Council Chambers and reviewed upcoming discussion items. Chair Hansen stated having two hearing dates scheduled each month could be clearer and more predictable. Members discussed the desired way to proceed given notice requirements. Sizemore summarized the Board will keep the November 19th meeting as is and prior to finalizing the December 17th agenda, the number of items should be evaluated, and another January hearing should be considered if necessary. Member Shepard requested staff provide a one-page memo regarding the status of the railroad quiet zones at an upcoming worksession as time permits. Adjournment Chair Hansen moved to adjourn the P&Z Board hearing. The meeting was adjourned at 9:35 p.m. For more complete details on this hearing, please view our video recording located here: https://www.fcgov.com/fctv/video-archive.php?search=PLANNING%20ZONING Minutes respectfully submitted by Shar Manno. Minutes approved by a vote of the Board on: December 17, 2020. Paul Sizemore, Interim CDNS Director Jeff Hansen, Chair DocuSign Envelope ID: 15CE2612-D594-4D1E-9E11-45A9718CDEC1