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HomeMy WebLinkAboutPlanning and Zoning Commission - MINUTES - 05/16/2024Julie Stackhouse, Chair Virtual Hearing Adam Sass, Vice Chair City Council Chambers Russell Connelly 300 Laporte Avenue David Katz Fort Collins, Colorado Shirley Peel Ted Shepard Cablecast on FCTV, Channel 14 on Connexion & York Channels 14 & 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. Regular Hearing May 16, 2024 Chair Katz called the meeting to order at 6:00 p.m. Roll Call: Katz, Sass,Shepard, Stackhouse,Connelly,York Absent: Peel Staff Present: Frickey, Sizemore, Claypool, Yatabe, Myler, Schumann, Mounce, and Manno Chair Katz provided background on the Commission’s role and what the audience could expect as to the order of business.He 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.He noted that this is a legal hearing, and that he will moderate for civility and fairness. Election of Officers Commissioner York nominated Commissioner Stackhouse as Chair and Commissioner Sass as Vice Chair. Current Chair Katz seconded the nomination. Yeas: Shepard, Katz, Connelly, York, Sass, and Stackhouse. Nays: none. THE MOTION CARRIED. Members thanked Commissioner Katz for his service as Chair. Chair Stackhouse welcomed new member Russell Connelly and noted Shirley Peel will be joining the Commission at the next meeting. Planning and Zoning Commission Minutes Planning & Zoning Commission May 16, 2024 Page 2 of 9 Agenda Review CDNS Director 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. Consent Agenda: 2. Draft Minutes from February 15, 2024, P&Z Hearing 3. Draft Minutes from March 21, 2024, P&Z Hearing Public Input on Consent Agenda: None. Chair Stackhouse 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. Commissioner Shepard made a motion that the Planning and Zoning Commission approve the Consent agenda for the May 16, 2024, Planning and Zoning Commission hearing as originally advertised. Commissioner York seconded the motion. Yeas: Shepard, Katz, Connelly, York, Sass, and Stackhouse. Nays: none. THE MOTION CARRIED. Discussion Agenda: 4. East Oak Townhomes Project Description: The proposal is to demolish an existing place of worship and the construction of 15 single- family attached 2, 3 & 4 story townhomes with a center garden courtyard at 220 E Oak Street with access taken from Matthews Street to the east, East Oak Street to the south, and the alley directly to the west. Recommendation: Approval Secretary Manno reported no new information has been received since publication of the agenda. Staff and Applicant Presentations Planner Arlo Schumann provided renderings of the proposed project and noted it is located within the Neighborhood Conservation Buffer (NCB) and Downtown (D) zone districts. Schumann noted the Code allows for the CDNS Director to make an adjustment of up to 50 feet to the district boundaries on a site when there are two zone districts on an individual parcel, and there has been an administrative interpretation by the Director in this case to adjust the boundary of the D zone district 50 feet to the west which results in the entire property being zoned as NCB. Schumann showed a map of historic resources in the area and noted the subject property has been found to be ineligible for historic designation. The Historic Review Commission has provided a recommendation of approval for this project. Schumann outlined the proposal for demolition of the existing place of worship and construction of 15 single-family attached townhomes with 16 vehicle parking spaces, 15 of which would be in garages with 3 tandem garages Planning & Zoning Commission May 16, 2024 Page 3 of 9 which are not included in the total parking count. In addition, the applicants are requesting five modifications of standard. Shelley La Mastra, Russell Mills Studios, showed images of the existing site and noted the property has two right- of-way frontages and an alley frontage. The project will also resurface the site alley and will underground all utilities. La Mastra noted the neighboring home is historic and will be used as a reference for this project. La Mastra then discussed the site plan and access. Laurie Davis, Davis Davis Architects, stated the East Oak Townhomes are designed with environmental goals for low-energy use and community responsive architecture with quality materials and an activated urban street edge. Davis detailed the ways in which the project references the historic home and other historic resources in the area and noted the project received unanimous approval from the Historic Preservation Commission. Davis provided renderings of the project and discussed the proposed materials. Additionally, Davis noted the project will be an emissions-free, all-electric building that is net zero ready and solely powered by electricity from renewable resources. La Mastra discussed the purpose of the NCB zone district and noted similar adjacent developments, Library Park Townhomes and L’avenir, were each granted six modification of standard requests. Additionally, La Mastra noted several of the requested modifications for this project would not be needed under the new Land Use Code. La Mastra discussed the modification requests for this project, including a request for the minimum lot width to be reduced to 15 feet, increasing the allowable floor area for the rear half of each lot, reducing the front and rear yard setbacks, decreasing the setback for taller building walls, and allowing for four stories. Schumann provided a timeline of the history of the project and discussed the topics that arose at the neighborhood meetings. Schumann outlined staff considerations, including pedestrian access and circulation, vehicular access, building floor area ratios, general parking requirements, building design and neighborhood compatibility, and the overall dimensional standards of the NCB zone district. Schumann outlined the Code requirements for the granting of modification requests and detailed the staff findings regarding each requested modification. Schumann stated staff is recommending approval of the requested modifications as well as approval of the project. Commissioner Questions Commissioner Shepard requested additional information regarding the fifth modification request related to expanding the transit overlay district (TOD) to the entire site. He asked if the provided parking complies as if the entire project were in the TOD. Schumann replied in the affirmative. Vice Chair Sass asked how the project complies with Section 3.2.2(C)(5) which addresses walkway directness and continuity. Schumann replied the courtyard doubles as a drive aisle for the front garages and that drive aisle meets the minimum width for a single-direction, 90-degree parking drive aisle. Beyond the drive aisle, there is space within the courtyard that is the pedestrian space; however, there is no hard boundary between the drive aisle and the rest of the space. Vice Chair Sass asked if the walkway is clear and unobstructed as it is blocked by planter boxes. Schumann replied there is a clear walkway separate from the drive aisle from the front door of the units to the gateway on Oak Street that could be used by a pedestrian and staff believes the referenced Code section is being met. La Mastra provided additional detail on how the drive areas would be separate from the pedestrian and planter areas. Commissioner York asked about the anticipated percentage of time vehicles may be attempting to enter and exit at the same time given the drive aisle is one-way. La Mastra replied it is one-way at the north end of the site; however it is two-way where cars are inside the site and vehicles would not have to wait long for one another if one is entering and one is exiting. Planning & Zoning Commission May 16, 2024 Page 4 of 9 Commissioner Shepard noted the area between the curb and the walk is slated to be a mix of plant material and noted that area will need to withstand snow piles from the plowing of the sidewalk. La Mastra noted there are several cobblestone areas along the area as well. Commissioner Shepard asked about Poudre Fire Authority’s input regarding aerial apparatuses and the potential associated loss of a tree. La Mastra replied the goal is to save the tree and there will be continued discussions with the Fire Marshall moving forward into FDP. Public Input (3 minutes per person) Jen Petrick, 334 East Oak Street, expressed support for the project and vertical density in the heart of the city. Commission Deliberation Commissioner Katz stated it is important to carefully consider a project that requires this many modifications of standard; however, given the justification from the applicant and staff, as well as information related to other area projects with similar modifications, the number makes sense. Commissioner Katz stated he would support the modification related to allowable floor area on the rear half of lots. Commissioner York stated the modification is necessary to create the infill development with needed density. Commissioners Connelly and Shepard expressed support for the modification. Chair Stackhouse concurred the modification is appropriate for an infill project and given the precedent of other projects in the area. Vice Chair Sass made a motion, seconded by Commissioner Katz, that the Fort Collins Planning and Zoning Commission approve the requested modification of standard to Land Use Code Section 4.9(D)(5) to allow building floor area to occupy up to the entire rear half of each lot and SECTION 4.9(D)(6) subsections a, b, and c, to allow a minimum lot width of 15 feet, minimum front setback of 6 inches, and minimum rear setback of 4 inches. The Commission finds that the modification would not be detrimental to the public good, and only the following modification criteria are met: • The plan as submitted will promote the general purpose of these Land Use Code Sections equally well or better than would a plan which complies with such Sections because the proposed site layout results in a design that is contextually appropriate and meets the intent of the standards; and • The proposed project would substantially address the need for increased housing availability and choice in the transitional area between downtown and the single-family detached housing in the Eastside Neighborhood without impairing the intent and purpose of the Land Use Code. This decision is based upon the information and materials provided at the work session and this hearing and the Commission discussion. This Commission adopts the information, analysis, and findings of fact regarding this modification contained in the staff report for this hearing. Yeas: York, Connelly, Sass, Shepard, Katz, and Stackhouse. Nays: none. THE MOTION CARRIED. Regarding the modification related to building setback, Commissioner Sass stated it is an infill project and has similar justification to the former modification. Other Commissioners concurred. Commissioner Katz made a motion, seconded by Commissioner York, that the Fort Collins Planning and Zoning Commission approve the requested modification of standard to Land Use Code Section 4.9(D)(6)(d) to allow a zero foot setback from the north side property line and a six inch setback along the Oak Street side. The Commission finds that the modification would not be detrimental to the public good, and only the following modification criterion is met: Planning & Zoning Commission May 16, 2024 Page 5 of 9 • The plan as submitted will promote the general purpose of Section 4.9(D)(6)(d) equally well or better than would a plan which complies with such Section because the proposed site layout results in a design that is contextually appropriate and meets the intent of the standard. This decision is based upon the information and materials provided at the work session and this hearing and the Commission discussion. This Commission adopts the information, analysis, and findings of fact regarding this modification contained in the staff report for this hearing. Yeas: York, Connelly, Sass, Shepard, Katz, and Stackhouse. Nays: none. THE MOTION CARRIED. Regarding the modification to building height, Commissioner Katz stated it is appropriate given the infill nature of the project. Commissioner Sass noted the entire project is not four stories which makes the massing less intense. Commissioner Shepard noted the Townhomes at Library Park, which are closer to the single-family homes, also has a four-story height. Commissioners Connelly and York also expressed support for the modification. Chair Stackhouse concurred that the building height is contextually appropriate for the area. Commissioner Connelly made a motion, seconded by Commissioner York, that the Fort Collins Planning and Zoning Commission approve the requested modification of standard to Land Use Code Sections 4.9(D)(6)(e), 4.9(E)(1)(b)1, to allow a portion of a building that is not in the Downtown zone district to be four stories in height and Section 3.8.17(C)(3) to allow the area for exempted stairway enclosures to be 8.5% as shown in the agenda materials. The Commission finds that the modification would not be detrimental to the public good, and only the following modification criterion is met: • The plan as submitted will not diverge from the stated Land Use Code standards except in a nominal and inconsequential way when considered from the perspective of the entire development plan because the proposed height increase results in a design that is contextually appropriate and meets the intent of the standard and will continue to advance the purposes set forth in Section 1.2.2. This decision is based upon the information and materials provided at the work session and this hearing and the Commission discussion. This Commission adopts the information, analysis, and findings of fact regarding this modification contained in the staff report for this hearing. Yeas: York, Connelly, Sass, Shepard, Katz, and Stackhouse. Nays: none. THE MOTION CARRIED. Regarding the modification to the overhang, Commissioner Sass stated there is a similar precedent established and the modification is nominal and inconsequential. Commissioner Shepard noted it matched the L’avenir project across the street. Commissioner York made a motion, seconded by Commissioner Sass, that the Fort Collins Planning and Zoning Commission approve the requested modifications of standards to Land Use Code Section 4.9(E)(1)(a)4. to allow the upper floors to overhang four inches, and Section 4.9(E)(1)(a)7 to remove the minimum roof pitch requirement. The Commission finds that the modifications would not be detrimental to the public good, and only the following modification criterion is met: • The plan as submitted will not diverge from the stated Land Use Code standards except in a nominal and inconsequential way when considered from the perspective of the entire development plan because the proposed building design results in a building that is Planning & Zoning Commission May 16, 2024 Page 6 of 9 contextually appropriate and meets the intent of the standards and will continue to advance the purposes set forth in Section 1.2.2. This decision is based upon the information and materials provided at the work session and this hearing, and the Commission discussion. This Commission adopts the information, analysis, and findings of fact regarding this modification contained in the staff report for this hearing. Yeas: York, Connelly, Sass, Shepard, Katz, and Stackhouse. Nays: none. THE MOTION CARRIED. Regarding the modification to allow TOD overlay zone parking requirements to apply to the entire site, Commissioner Shepard noted the Library Park Townhomes and L’Avenir also benefitted from the same modification. Commissioner York made a motion, seconded by Commissioner Sass, that the Fort Collins Planning and Zoning Commission approve the requested modification of standard to Land Use Code Section 3.2.2(K)(1)(a)1. to allow the TOD Overlay Zone parking requirements for multi-family dwellings to apply to the entire site. The Commission finds that the modification would not be detrimental to the public good, and only the following modification criteria are met: • The plan as submitted will promote the general purpose of Section 3.2.2(K)(1)(a)1. equally well or better than would a plan which complies with such Section because application of the TOD parking requirements to the site aligns with the goals and values promoted by the TOD. • The plan as submitted will not diverge from the stated Land Use Code standards except in a nominal and inconsequential way when considered from the perspective of the entire development plan because application of the TOD parking requirements to the site aligns with the goals and values promoted by the TOD and will continue to advance the purposes set forth in Section 1.2.2. This decision is based upon the information and materials provided at the work session and this hearing and the Commission discussion. This Commission adopts the information, analysis, and findings of fact regarding this modification contained in the staff report for this hearing. Yeas: York, Connelly, Sass, Shepard, Katz, and Stackhouse. Nays: none. THE MOTION CARRIED. Commissioner Shepard commended the project and the design team for struggling through rigorous Code language to bring a project of this creativity to fruition. He also commended staff for assisting the applicant through the modifications. He noted the modification provisions are not taken lightly, but do help the community to allow for creative developments. Commissioner Sass concurred and noted the project will also underground utilities, protect trees, improve an alleyway, and will be developed in a manner that furthers the City’s sustainability goals. Commissioner Katz concurred and stated the building meets the surrounding context. Commissioner York commended the project for working within the guidelines of the TOD and encouraged the applicant to ensure alternative transportation options are encouraged and considered for safety moving forward. Commissioner Connelly expressed support for the project. Chair Stackhouse also commended the project and presentation. Commissioner Sass made a motion, seconded by Commissioner York, that the Fort Collins Planning and Zoning Commission approve the East Oak Townhomes Project Development Plan 230018. The Planning & Zoning Commission May 16, 2024 Page 7 of 9 Commission finds in consideration of the approved modifications of standards that the Project Development Plan complies with all applicable Land Use Code requirements. This decision is based upon the information and materials provided at the work session and this hearing and the Commission discussion. This Commission adopts the information, analysis, and findings of fact regarding this modification contained in the staff report for this hearing. Yeas: York, Connelly, Sass, Shepard, Katz, and Stackhouse. Nays: none. THE MOTION CARRIED. 5. Mulberry & I-25 Annexation Project Description: This is a request for annexation and zoning of 46.92 acres northeast of the I-25 & Mulberry interchange. Proposed zoning for the annexation includes 17.29 acres of General Commercial (CG) on the southern/western portion of the site and 29.63 acres of Industrial (I) zoning on the central/eastern portion of the site. The size of proposed zoning is consistent with land use guidance provided by the Structure Plan Map and the I-25 Subarea and East Mulberry Plans. The annexation and zoning require review and a recommendation to City Council by the Planning and Zoning Commission at a public hearing. City Council previously approved the annexation initiating resolution at their April 16, 2024, meeting. Recommendation: Approval Secretary Manno reported staff received an email from James Usher with CDOT expressing support for the proposed frontage road realignment. Additionally, staff received an email from Niesje van Heusden expressing support for the application and project. Staff and Applicant Presentations Planner Ryan Mounce noted this item is a recommendation to City Council. Mounce provided information regarding the property location and noted two zone districts are being requested for the property: General Commercial and Industrial. Additionally, Mounce stated the site is contiguous on multiple sides with City boundaries and meets State annexation requirements as well as the intergovernmental agreement between the City and County governing the growth management area. Ken Merritt, JR Planners, Engineers, and Landscape Architects, commented on the benefits of this annexation to surrounding properties and reiterated the property meets all City and State statutory requirements for annexation and zoning. Merritt stated the proposed zoning comports with the City’s Structure Plan, the I-25 Subarea Plan, and the East Mulberry Plan. Additionally, Merritt noted the boundary between the two proposed sections of different zoning is intended to follow the proposed centerline of the realigned frontage road, which will ultimately connect to Mulberry. Merritt noted there are two letters in support of the project as part of the packet and an additional letter of support for the frontage road realignment from CDOT. In terms of public benefit that will be realized with this annexation and development, Merritt noted an important regional gateway will be activated, traffic safety will be greatly improved, growth opportunities will be opened to the north and northeast given improved levels of service, and the frontage road improvements will be funded. Mounce discussed the staff analysis of the proposed zoning and stated compliance was found with the Structure Plan, East Mulberry Plan, and I-25 Subarea Plan. Commission Questions Commissioner York asked if the intersection of Mulberry and the frontage road will become more of a standardized intersection. Merritt replied in the affirmative and provided details on the two proposed roundabouts. Planning & Zoning Commission May 16, 2024 Page 8 of 9 Public Input (3 minutes per person) None. Commission Questions / Deliberation Commissioner Shepard noted this is a fulfillment of the recently adopted East Mulberry Corridor Plan and cautioned there will be some design issues moving forward as industrial uses are developed next to a mobile home park. Commissioner Sass concurred and stated it will be important to maintain buffering between the two uses. Commissioner Katz expressed support for the annexation. Chair Stackhouse also expressed support for the annexation and recommendation to Council. Commissioner Katz made a motion, seconded by Commissioner Connelly, that the Planning and Zoning Commission recommend that City Council annex and zone the I-25 & Mulberry Annexation as General Commercial and Industrial Zone Districts as requested and placing the property within the LC2 Lighting Context Area and the Non-Residential Sign District finding that the proposed zoning is consistent with the City’s Comprehensive Plan. This recommendation is based on the agenda materials, staff presentation, public testimony, and Commission discussion. Yeas: York, Connelly, Sass, Shepard, Katz, and Stackhouse. Nays: none. THE MOTION CARRIED. (**Secretary’s Note: Due to some confusion with the motion, the Commission opted to rescind the previous motion.) Commissioner Sass made a motion, seconded by Commissioner York, that the Planning and Zoning Commission recommend that City Council annex the I-25 & Mulberry Annexation finding that the annexation meets all applicable statutory requirements and it is desirable to annex such property. This decision is based upon the information and materials provided at the work session and this hearing, and the Commission discussion. This Commission adopts the information, analysis, and findings of fact regarding this annexation contained in the staff report for this hearing. Yeas: York, Connelly, Sass, Shepard, Katz, and Stackhouse. Nays: none. THE MOTION CARRIED. Commissioner Connelly made a motion, seconded by Commissioner Sass, that the Planning and Zoning Commission recommend that City Council zone the I-25 & Mulberry Annexation as General Commercial and Industrial Zone Districts as requested and placing the property within the LC2 Lighting Context Area and the Non-Residential Sign District finding that the proposed zoning is consistent with the City’s Comprehensive Plan. This recommendation is based on the agenda materials, staff presentation, public testimony, and Commission discussion. Yeas: York, Connelly, Sass, Shepard, Katz, and Stackhouse. Nays: none. THE MOTION CARRIED. 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 Other Business None.