HomeMy WebLinkAboutPlanning And Zoning Commission - Minutes - 09/16/2021
Michelle Haefele, Chair
City Council Chambers
Ted Shepard, Vice Chair City Hall West
Jeff Hansen 300 Laporte Avenue
Per Hogestad Fort Collins, Colorado
David Katz
Jeff Schneider Cablecast on FCTV, Channel 14 on Connexion &
Channels 14 & 881 on Comcast
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Regular Hearing
September 16, 2021
Chair Hansen called the meeting to order at 6:00 p.m.
Roll Call: Haefele, Hansen, Hogestad, Katz, Schneider, Shepard
Absent: None
Staff Present: Yatabe, Stephens, Sizemore, Wray, Vonkoepping, Kleer, Lindsey, Ryan Mounce, Smith,
Hahn, Smith, Virata, Axmacher, Claypool and Manno
Chair Haefele provided background on the Commission’s role and what the audience could expect as to the order
of business. She described the role of the commission, noted that members are volunteers appointed by city
council. The commission members review the analysis by staff, the applicants’ presentations, and input from the
public and make a determination regarding whether each proposal meets the land use code. She noted that this is
a legal hearing, and that she will moderate for civility and fairness.
Agenda Review
CDNS Director Paul Sizemore reviewed the items on the Consent and Discussion agendas , stating that all items
will be heard as originally advertised.
Public Input on Items Not on the Hearing Agenda:
None noted.
Consent Agenda:
1. Draft Minutes from August 19, 2021, P&Z Hearing
2. Wireless Telecommunications Master Plan Recommendation
Planning and Zoning
Commission Minutes
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Public Input on Consent Agenda:
None noted
Chair Haefele did a final review of the items that are on consent and reiterated that those items will not have a
separate presentation unless pulled from the consent agenda.
Member Hogestad asked for clarification on the changes to the Wireless Telecom Master Plan and the items in red.
Will they become part of the Master Telecom Plan, or should those be a separate motion? Attorney Yatabe
commented that his understanding is that those recommended changes are going to be incorporated into the Plan
going to Council. What you would be approving tonight on the Consent Agenda would be the plan with the
additional changes prior to the plan going to Council. Planner Lindsey confirm ed.
Member Hogestad made a motion that the Planning and Zoning Commission approve the Consent agenda
of September 16, 2021, the agenda consisting of August 19, 2021, draft minutes, and the Wireless
Telecomm Master Plan Recommendation to City Council. Member Katz seconded the motion. Vote: 6:0.
Discussion Agenda:
3. Mars Landing
Project Description: This is a request for a Project Development Plan (PDP) for the development of two, three-
story multi-family buildings with 90 total dwelling units, with a total of 151 on-site parking spaces on 3.79 acres.
Access will be taken from two points along Mars Drive. The property is within the General Commercial (CG)
zone district and is subject to Planning and Zoning Commission (Type 2) Review.
Vice Chair Shepard disclosed that he is on the Foundation Board to the abutting property, Foothills Gateway
Rehabilitation Center. He does not feel there are any conflicts and will be participating in this item. He will remain
fair and unbiased in this proceeding.
Member Katz disclosed that his wife is on the Board of Foothills Gateway as well and he is not sure wha t she does.
He will not be biased at all on this item.
Recommendation: Approval
Secretary Manno reported that no additional items were received after the agenda packet was published.
Staff and Applicant Presentations
Planner Pete Wray gave a brief verbal/visual overview of the project.
Donald Cecil and Kara Scheetz, Galloway, Nicole Renner, Goodwin Knight, and Chris Walla, Godden Sudik also
provided a brief verbal/visual presentation of this project.
Public Input (3 minutes per person)
Debbie Alman, owner of Deli Works, she is worried about safety, the road (Skyway) is sloped, traffic is 55 mph.
Access to the restaurant, it is hard to get out. She questions the two access points and how people will get through
the neighborhood.
Melinda Cooper, resident of Skyway Dr., she is concerned with the prairie dogs and wants to know exactly where
they will be going, the intersection and the increase in traffic, and how emergency vehicles will gain access to the
complex. She does not want to see anything built until Mars goes through to Trilby Road. She would like this to be
affordable housing. The sidewalk along Skyway is now narrower, and this is an issue for motorized wheelchairs.
Sabrina Sanchez, homeowner on Galaxy Way, traffic is her largest concern. The hill is very dangerous in the
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wintertime. She feels the trail needs to come first before and additional development. She is concerned for the
prairie dogs and other wildlife in the area. She states there is a trash problem and feels it will get worse with this
new development. She does not understand why a majority of the units are going to be single resident units. She
is concerned with the environmental impact.
Marcus Mim s, resident, there is a lot of traffic going through the neighborhood, what is acceptable and the
maximum amount of traffic before development has to stop? Another concern is the prairie dogs. According to
Colorado’s Parks and Wildlife it is illegal to remove them from the area at least without a permit. Has a permit been
pulled? Another area of wonder is with the natural habitat. Should we be leaving the natural buffer as is for the
remaining land, that could continue to be habitat for the prairie dogs?
Staff Response
Chair Haefele would like to know more about the slope on Skyway and more information on what is going to
happen with the prairie dogs. Member Hogestad commented that if these are a special kind of prairie dog, it would
be good to know. Chair Haefele responded that black tailed prairie dogs are what we have here.
Mr. Cecil responded regarding the black tail prairies dogs. He read a note that has been added to the plan that was
given by staff. “The black tailed prairie dogs located within the parcel will be trapped and donated to either a raptor
rehabilitation program or black footed recovery program. All control will be done per City of Fort Collins, CPW and
Colorado Department of Agriculture requirements. Control will be conducted via the introduction of carbon
monoxide into the burrows, post control of the prairie dogs will be prepared which will identify the control method
used and the number of prairie dogs trapped and donated.” Chair Haefele felt it would be best to clarify t hat when
they say they are donating them to a raptor or black footed ferret program, that theses animals eat prairie dogs.
They are not just going to go live with them.
Planner Wray highlighted the main concerns about safety and traffic.
Traffic Ops., Nicole Hahn responded to the traffic signal timing and the function of the intersection. The right turn
lane and go around a car waiting to make a left turn and make a right turn using the bike lane. This is something,
that once the development opens, we will watch the signal timing to see if modifications need to be made. A safety
improvement timing change can be made at this intersection that allows for pedestrians to have a few seconds of
head start. For neighborhood traffic safety, any of the neighborhoods that have an interest in following up with the
traffic department about speed humps, the city is happy to come out and talk with neighbors and see if there are
some speed mitigation improvements that could be made in the neighborhood. With access and the frontage road,
that frontage road is a complex design. It does not function well when it is that close to the intersection. This
development is not responsible for fixing, but it is complicated because of the proximity. The interse ction of US 287
and Trilby, there is funding for that improvement. It is scheduled to be built in 2023. In terms of snow and ice
maintenance, that is the City of Fort Collins Streets Department they can be contacted for assistance. The slope of
Skyway is 7% which meets the standard with the maximum being 8%. Chair Haefele asked if Skyway slopes down
west of College. Planner Wary confirmed that Skyway does slop down to College from the west.
Planner Smith responded the prairie dogs losing their habitat, the city does recognize the prairie dog as a
contributing element to our ecosystem, we do require mitigation for any loss of resources. Prairie dog colonies of
over 1 acre in size must be mitigated. The city also allows for prairie dogs to be re located. If there is no receiving
site, then the developer is required to eradicate or donate the prairie dogs prior to construction. The applicant has
decided to mitigate by trapping and donating to a wildlife center, following the CPW program to do this. The red tail
hawk nest is located about 450’ from the property boundary of this development and there are provisions in the
code that require that no land disturbance or construction activity take place within the 450’ buffer around an active
nest during the first year of a multi-year construction project. This development will be required to follow this code.
Nicole Renner, Goodwin Knight, responded that there will not be any true affordable housing units in this project, it
will all be market rate housing. There will be an on-site management company present who maintains trash
removal and coordinates with the trash company for any needs.
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Vice Chair Shepard asked about the dead-end issue and the hawk nest. He pointed out a temporary turnaround,
possibly gravel. The issue of two points of access for the Poudre Fire Authority can be revealed on an aerial as
well as pointing out where exactly the nest is. Pg. 197 of the packet.
Engineering Development Review, Spencer Smith responded to the two-points of access. He could not speak to
Poudre Fire’s review; he does not recall discussion of this not meeting their standards. He believes when the site
develops and there is the loop through, that they were ok with that serving as allowing them to turn around and not
have the temporary turnaround any longer. Engineering has worked on what the improvements are going to look
like in the end. Chair Haefele requested information from Poudre Fire Authority as well as more detail of how the
temporary turnaround is going to be finished. Planner Wray responded that with staff’s review, the temporary
turnaround will be removed. This has met Poudre Fire Authorities requirements for emergency access and as an
interim condition, Skyway to College is one of those and as Skyway connects through to the existing neighborhood
to Trilby, that is the other access to the south and eventually Mars Dr. in the future for a third point of access.
Planner Smith responded that there is a cottonwood grove where the redtail hawk is located. On the development
plan, the 450’ radius has been placed on the plans so that developers and contractors will know they cannot be
developing.
Member Hansen questioned the slope of the sidewalk along Skyway Dr. W ith the slope of Skyway Dr. being 7%,
the accessible path has to be 5% or less. It cannot be steeper than that or it has to be classified as a ramp and you
need handrails and landings every 2 ½ vertical feet. Does this apply to sidewalks Citywide as well? Chair Haef ele
commented that she understood the comment to be referred to as a narrow sidewalk. Mr. Smith responded that
they are based on the plans and the design of the overall south college storage project. When the road was
improved with that, it does meet our standards for maximum slope. He does not know the answer as to how ADA
compliance works with this. If the maximum slope of the roadway is 8% and the ADA max is 5%, he would have to
look into this as far as right-of-way and public walks within the right-of-way.
Vice Chair Shepard questioned Ms. Renner as to what her schedule is for building completion and occupancy and
how close it comes to the capital improvement project on Trilby scheduled for 2023? Ms. Renner responded that it
depends on when their final plans are going to be approved and when construction can start. Typically, these
projects take 13 months per building to build. It should align well.
Commission Questions
Member Hansen asked about the walkway that goes from Mars Dr. across 2 parking drive isles and connects the
habitat buffer zone. From the illustrations it looks striped, is there any other enhancements? Mr. Cecil responded
that there will be differential in material and stripping as well.
Member Hogestad asked for some enlarged plans of those gathering areas in the work session and has not seen
them yet, are there none? Planner Wray responded that in his slides he enlarged the three areas, and the
application also has an enlarged view of the three separate areas. Member Hogestad expected something larger
than that.
Member Katz asked for a description of CMU block as he is seeing cinder blocks. Mr. Cecil responded that they
would have naturalistic feel, they are articulated blocks, they are modular and stacked, but they look like boulders
and look natural. The trash enclosures will be decided on at a later date. The prairie dogs will be donated to a
black footed ferret program or a raptor program.
Vice Chair Shepard asked Ms. Scheetz if there will be any pine trees along Skyway at the sidewalk? Ms. Scheetz
responded that along the North buffer there are some habitat areas that are appearing, and that they chose not to
plant pine trees in that area. They are happy to look into adding some pine trees that are more water tolerant.
Vice Chair Shepard asked about pg. 160 in the packet who they (Me. Cecil or Planner Wray) have talked to about
the feasibility or the future practicality of the regional trail? It looks like it is going to take a capitol project to bui ld.
Mr. Cecil responded that he could not speak to whomever would come in an develop after them. Immediately to
the South is a larger property owner and included with that lot to the South is a flag lot. It would be their
responsibility to extend that to where they need to be. Planner Wray responded that when that property is ready to
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develop, they would coordinate with the alignment of the regional trai l in coordination with park planning. This
project stubs out and connects to that future regional trail. Vice Chair Shepard asked; in the upper Northwest
corner of the property and then just West of that, there is a triangle piece of ground that is fenced off with a chain
link fence, what is going on there? Mr. Cecile responded that he has asked multiple parties and does not have an
answer. Vice Chair Shepard asked about if they would be irrigating the street trees? Ms. Scheetz responded yes,
and that irrigation will be part of the landscaping.
Chair Haefele asked if anyone knew what was planned for the th ird lot that is adjacent to College. Planner Wray
responded that there have been a few proposals, but non that has materialized. Chair Haefele asked about the
Northwest gathering space, will the tenants have access into the natural habitat buffer zone. Mr. Cecil responded
no, it will be well planted, however there will be a trail that will run from the am enity up through zone and connect to
the sidewalk on Skyway. Chair Haefele asked if there was any expectation that there will be deterioration in the
quality of the two amenity sites that are adjacent to Mars or plans to address that if that becomes an issue? Mr.
Cecil responded that they are intended for resident use only, not public , and understands the concern. There will
need to be signage. Chair Haefele recommended that evergreen trees might go well there. Ms. Scheetz
responded that they will be planting densely in the area to keep these areas more private. Vice Chair Shepard
asked if the natural area buffer zone will be irrigated? Ms. Scheetz responded that she believed so, anything listed
in landscaping will be irrigated to get established. Vice Chair Shepard asked Mr. Walla, to elaborate on what the
masonry material is on the buildings. Mr. Walla responded that it is an adhered stone. It is not going to be a
structural stone but will have a dry stack look. Both buildings chare the same general style but in a different color
pallet. Vice Chair Shepard asked Mr. Cecil if the garage spaces are counted toward the parking, and will they be
prohibited from becoming storage units? Mr. Cecil responded that he would expect so. Vice Chair Shepard asked
where their similar project in Fort Collins was located. Mr. Cecil responded that is is the Ridgewood Hills 5 th filing,
located at Triangle Dr. It is under review for final development plan. Vice Chair Shepard asked about the 7’
sidewalk along South College, the staff report states something about an 8’ wide multi use path, which is it? Mr.
Cecil stated that they have it as a 7’ sidewalk, detached, along College. Engineer Smith commented that the
determination was that a 7’ walk is what it will be. Vice Chair Shepard asked if the plan was still to have bike
parking under building eaves? Mr. Cecil responded that these are se parate structures.
Member Hogestad asked about the gathering spaces. How many tables and seats are there in the largest space,
what does it accommodate? Ms. Walla responded two tables under the larger gathering space and then two in
each private area space. Member Hogestad feels that the illustration is an exaggeration when it is 16 x 20. These
do not feel adequate in the sense of what the Land Use Code had anticipated happening here. Member Hogestad
asked about the building articulation. What is the differential in the architectural wall planes? The balconies seem
to be the major portion of articulation. Mr. Cecil responded that Member Hogestad is 100% accurate in that most of
the projections would be the balconies. Then from one building type to the next, some are cantilevered balconies
some of them are founded with the stone pillars or columns. Aside from that the there is perfectly flat wall plane,
with the overlay it is anything but perfectly flat. The wall projects out and creates a good deep shadow line. The
balcony is a 5’ projection and the corridor is a 7’ jog. There is also a 14” project at the end of the unit. Member
Hogestad questioned the size of the window on the Ease elevation compared to the West elevation. Mr. Cecil
responded that each unit type will have 5’ sliders and they are 5’ x 5’.
Vice Chair Shepard questioned the two connecting sidewalks from the front of the buildings out to Mars Dr ., and
traversing the slope due to the topo, he is assuming that they have to be at the handicap grade but wants to know if
there will be railings. Mr. Cecil responded that they are designed the way they are, so they do not need railings.
Vice Chair Shepard cautioned Goodwin Knight to be very cog nizant with snow removal.
Chair Haefele asked if there will be a left turn arrow for East bound Skyway onto North bound College. Traffic
Ops., Nicole Hahn responded that they can absolutely study this to determine if one is needed. At this time, an
additional right turn is being added and should improve the function of this intersection. There is a chance we will
not need the left turn arrow.
Member Hansen spoke to additional enclosed bike parking locations and stairwells. Has this been coordinated with
building safety as well a planning staff? Ms. Walla responded that there are code requirements in terms and this
space is essentially unusable space. This space does not impede egress and is not combustible material. It will be
located in the stairwells.
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Vice Chair Shephard would like to suggest that as things move forward with plan review that you give staff the
benefit of a contextual diagram so they can see how the flagpole lot relates to the Foothills Gateway driveway, and
what’s across Skyway and a bigger picture view.
Commission Deliberation
Vice Chair Shepard commented that there is a condition of approval related to enclosed bicycle parking and is
somewhat reassured from Mr. Cecil’s response to his willingness and cooperation to meet the conditi on with the
next subsequent round of review. Vice Chair Shepard is hearing stairwells and wanted to read into the record of
what this means. Bicycle parking enclosed shall mean bicycle storage in lockers, a room or other space within a
parking structure or other building including a shed or a carport. All types of enclosed bicycle storage must easily
be accessible to entrances and walkways, secure, lighted, and protected from the weather. Each storage space
shall provide a minimum of 6’ s.f. in area. The storage of space shall not impede fire exits or be located so that
parked bicycles interfere with public access. Chair Haefele commented on the picture stating that she would
suggest this does not qualify as enclosed or sheltered bike storage.
Vice Chair Shepard commented on the condition of approval for the trash enclosure. It is not just for trash, but also
recyclables. When you label your stock plans or speak in a project narrative format, it is trash and recycle. There
are requirements for container size. The Department of Natural Resources a guidebook on trash and recycling
container sizes base on the number of dwelling units and bedrooms. Please refer to this resource. Chair Haefele
asked if there was a picture of the enclosed trash containers. Planner Wray responded that there was a detail of
the trash enclosure. Staff is recommending that the wall material type to be textured block to protect the containers
inside.
Vice Chair Shepard asked Member Hogestad if he had any strong feelings on amenity space and outdoor gathering
space based on the number of units. Member Hogestad responded that yes, he had strong feelings in this area.
The intent of the code is not to do terribly small spaces like this. The code talks about multiple-use turf and
pavilions, this simply does not meet what the intent of the code is. He feels they are an afterthought. Member
Katz asked Member Hogestad if there was a condition he would add. Member Hogestad commented that the site
is full and to do something now would affect so much. A condition would not make sense. Vice Chair Shepard
asked Ms. Scheetz if the topo of the site would allow for a looping dog walking path? Ms. Scheetz deferred to Mr.
Cecil. Mr. Cecil responded that it does not, and that there is a significant amount of fall from west to east which
makes things challenging. Vice Chair Shepard feels that an opportunity has been squandered. The am enity
package leaves something to be desired. Not to the point of denial, but to the quality of life for those that will be
living there. Member Katz asked if there was any way to get rid of some parking to allow for a larger amenity
space. Mr. Cecil stated that they have 6 extra spaces which would be 1,000 s.f. Member Hogestad feels that it
should have been part of the original design. Member Schneider asked Planner Wary if they meet the
requirements set within the land use code for amenity space for the size of the project? Planner Wray responded
yes. This site and project did start off with a larger central gather ing space. As reviewed continued there were
trade-offs in providing additional natural habitats buffer in the northwest corner along with the storm drainage. The
club house was removed. There is no size requirement for this size of project for the gathering space, the code
speaks to providing sufficient amenities for the number of units. Losing the club house, it was recommended to the
applicants to disburse the amenities in three different areas. Not all of the spaces take up parking. Member
Hogestad does not feel it fits the code and he is disappointed. Member Hansen likes that they have aggregated the
space. The only criticism is on the areas upfront, maybe change the shape of them, but they are appropriately
sized. Chair Haefele would like there to be a different shape given as well.
Member Hogestad feels there is a lack of articulation. Member Hansen and Member Schneider disagreed.
Vice Chair Shepard commented that he feels there is going to be a lot of tenant parking on Mars Dr. Parking on
Mars will be permitted. He encourages the applicant to further design the gathering areas.
Member Katz will be supporting the project. Vice Chair Shepard will be supporting the project and thanked the
citizens for their input.
Member Katz made a motion that the Planning and Zoning Commission approve the Mars Landing Project
Development Plan PDP190013 with the following conditions of approval.
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1. To comply with the Land Use Code, Section 3.2.2(c)(4) regarding bicycle facilities; the applicant
at final review shall provide 60% covered bicycle space for a total of 77 covered space, and 40%
fixed rack spaces for a total 51 fixed rack spaces
2. To comply with the Land Use Code, Section 3.2.5 regarding trash and recycling enclosures.
The applicant at final dev elopment plan review shall ensure that all trash and recycling
enclosures are screened with a more durable material in place of the cedar such as textured
block, concrete, CMU block or all metal fencing. This will include interior curbing for a metal
strip to buffer dumpster bins from hitting the wall.
The commission finds consideration in the conditions of approval imposed on the project development
plan satisfies all applicable Land Use Code requirements. This decision is based upon the agenda
materials, the information and materials presented in the work session and this hearing and the
commission discussion on this item. Further this commission hereby adopts the information, analysis,
findings of facts and conclusions regarding this project developmen t plan contained in the staff report,
included in the agenda materials for this hearing. Member Hansen seconded. Member Hogestad will not be
supporting the project or the motion due to the lack of articulation in the building and lack of real or meaningf ul
gathering space. Vice Chair Shepard will be supporting this motion but understands and hears Member
Hogestad’s concerns. Chair Haefele agrees that it appears to meet the Land Use Code, just not in an inspiring way.
Vote: 5:1.
Other Business
CDNS Director Sizemore mentioned that the commission will receive a survey to complete individually. This
information will go into a report with your feedback as to how the commission and its function and how well things
are going. It will be due in one-week.
Adjournment
Chair Haefele moved to adjourn the P&Z Commission hearing. The meeting was adjourned at 8:25 pm.
Minutes respectfully submitted by Shar Manno.
Minutes approved by a vote of the Commission on: October 21, 2021
Paul Sizemore, CDNS Director Michelle Haefele, Chair
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