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HomeMy WebLinkAboutPlanning and Zoning Commission - MINUTES - 09/19/2024Julie 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 September 19, 2024 Chair Stackhouse called the meeting to order at 6:00 p.m. Roll Call: Katz, Sass, Stackhouse, Connelly, Peel, York, Shepard Absent: None Staff Present: Yatabe, Matsunaka, Baty, Myler, Vonkoepping, Meyer Chair Stackhouse 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 and 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 Kim Meyer reviewed the items on the Consent and Discussion agendas. Public Input on Items Not on the Hearing Agenda None. Planning and Zoning Commission Minutes Consent Agenda: 1. Draft Minutes for the P&Z July Regular Hearing The purpose of this item is to approve the draft minutes of the July 18, 2024, Planning and Zoning Commission hearing. 2. Draft Minutes for the P&Z August Regular Hearing The purpose of this item is to approve the draft minutes of the August 15, 2024, Planning and Zoning Commission hearing. Commissioner Katz made a motion to approve the Consent Agenda for the September 19, 2024, hearing as originally advertised. Commissioner Peel seconded the motion. Yeas: Shepard, Katz, Connelly, York, Sass, Peel, and Stackhouse. Nays: none. THE MOTION CARRIED. Discussion Agenda: 3. 117 N. Mason St. – Seasonal Overflow Shelter This is a request to establish a men’s seasonal overflow shelter at 117 N. Mason in a 2,408 square foot portion of the existing building. The shelter will be overnight only and open November – s taken off of N. City of Fort Collins 300 Laporte Ave STAFF ASSIGNED: Recommendation: Approval Staff Presentation Jill Baty, City Planner, outlined the project to establish a men’s seasonal overflow shelter at 117 North Mason Street, noting this is the first project being reviewed under the 2024 Foundational Land Use Code. Baty discussed the location of the site and discussed its access, noting the site is within the Downtown zone district. Baty outlined the nearby historic structures and noted there are no external changes proposed to the subject building. Additionally, Baty discussed the Land Use Code requirements that are applicable to a seasonal overflow shelter. Applicant Presentation Klara Rossouw, Ripley Design, commented on the urgent need to shelter more individuals during the winter months and noted the Fort Collins Rescue Mission will be operating the shelter, though the building will remain under the ownership of the City. Additionally, Rossouw noted there are no plans to make the building a permanent shelter. Rossouw outlined the timeline of the project and stated the hope is to open the shelter on November 1st. Rossouw also commented on the site’s access to transit and pedestrian and bicycle facilities and reiterated the exterior of the building will not change. Rossouw outlined the proposals that will help mitigate impacts to the neighborhood, including: 1) having a minimum of two staff members in addition to a third-party security officer each night; 2) hours of operation being 5:30 PM to 7:45 AM; 3) Rescue Mission staff will cleaning the site every morning and trash pick-up being scheduled six days a week 4) discouraging guests from congregating outside the entrances of the shelter outside of operation hours 5) intaking guests at the main shelter on Jefferson Street prior to checking in at the overflow location, and; 6)checking bags prior to guests entering the building. Rossouw outlined the applicable Land Use Code criteria, noting the seasonal overflow shelter use is permitted in the Civic subdistrict of the Downtown zone and the proposal meets all of the necessary Codes and does not put the current building use out of compliance. Rossouw stated the application does include a modification request to increase the allowable occupancy from 50 to 70 due to the increased community need, particularly during the winter months. Additionally, Rossouw stated the seasonal overflow shelter substantially alleviates an existing defined problem of city-wide concern. Staff Review Baty discussed the notification requirements for the neighborhood meeting, which were met; however, the mailing that was sent out did include a typo indicating the meeting was to be held on Thursday, June 12th, when it was actually to be held on Wednesday, June 12th. As a result, staff members were available both nights for the neighborhood meeting, though no attendees were present on Thursday. Baty stated the main topics at the neighborhood meeting were about the hour-long gap in services between when the previous temporary shelter at this location closed after the night and when daytime shelter space opened. This proposal would change the operating hours to allow the overnight shelter to operate until 7:45 AM which would still allow for City workers to arrive at work at 8:00 AM and for guests to move to a daytime shelter which opens at 8:00 AM. Additional topics at the neighborhood meeting included what repercussions would exist for poor behavior in the shelter and whether there would be time limits the City could impose on the land use, which Baty noted is not typical. Baty outlined the six criteria a seasonal overflow shelter must meet and noted the applicant has shown they will all be met. In terms of the requested modification of standard to increase the number of guests from 50 to 70, Baty stated there is room for thirty-five bunk beds in the space, providing room for 70. Baty stated the Commission will need to find that the modification request would not be detrimental to the public good and that it meets one of four criteria outlined in the Land Use Code. Baty stated staff has found the modification is not a detriment to the public good and substantially addresses an important community need. Additionally, staff recommends the Commission approve the seasonal overflow shelter at 117 North Mason. Commission Questions Commissioner York asked why access is being taken from the west side of the building. Baty replied that the area that is going to be used as the shelter is on the west side of the building. Commissioner York asked how guests are expected to get between the permanent shelter and the overflow shelter. Paula Ordaz, Fort Collins Rescue Mission Director, replied everyone must sign up on a lottery list before 2 PM or as they are exiting the shelter in the morning and only new guests need to check in at the Jefferson location. Commissioner York asked why the initial cap was placed at 50 guests. Baty replied that this section of the Code is several years old, and she was unsure of the history. Chair Stackhouse noted the October of 2023 ordinance allowed for 70 guests. Commissioner Katz asked if Poudre Fire Authority will be reviewing the proposal. Baty replied they will review the proposal after the building permit application. Chair Stackhouse requested confirmation that the Fort Collins Rescue Mission will not be operating the overflow shelter after the completion of its new shelter building. Ordaz replied in the affirmative. Chair Stackhouse asked about the typical number of guests in the overflow shelter last year. Ordaz replied that the overflow shelter operated for 162 nights last year, with 83 of those nights having over 60 guests. Chair Stackhouse asked how people will be discouraged from congregating outside the building during non- operating hours. Ordaz replied that security officers arrive at 4 PM and ask guests to leave the property if they are congregating. Additionally, guests are not allowed to congregate outside the Jefferson shelter and are familiar with the standard on that issue. Commissioner Katz asked about the Code section related to the new use not increasing its deviation from the standard of the Code and whether the increased capacity would be a deviation from the Code. Assistant City Attorney Yatabe provided an explanation and noted the building has been used in the past for 70 guests. Public Comment Terri Hanna, Opera Galleria Manager, stated the Opera Galleria often has individuals in the building before and after the overflow shelter hours and expressed concern about health, safety, and security issues. Hanna stated they have spent over $55,000 on additional security to clear the space and ensure the safety of tenants. Additionally, Hanna stated the building worked with the City and the DDA to create and post building rules that allow for individuals to be charged with trespass. Hanna acknowledged the need for the shelter but requested the use not be allowed beyond when the new permanent shelter building is complete. Jenny Bramhall, owner of a store in Old Town, expressed support for the temporary overflow shelter. Commission Questions / Deliberation Chair Stackhouse requested staff address the issue as to whether the amount of time the building could serve as a temporary shelter could be limited. Assistant City Attorney Yatabe replied that the Land Use Code contemplates that approved uses run with the property and are indefinite in nature. Additionally, there are provisions under which uses could be abandoned. Assistant City Attorney Yatabe clarified this use will need a year-to-year review process outside of the Land Use Code. Commissioner Peel asked if the standard could be met by allowing only 50 guests. City Attorney Yatabe replied in the affirmative. Commissioner Peel questioned whether the Commission could approve a modification of standard in this case. Assistant City Attorney Yatabe replied the modifications are not just for a threshold standard but are also used to essentially make changes to a standard or metric. Commissioner Peel asked how the detriment to the public good issue is evaluated. Assistant City Attorney Yatabe replied he views that portion of the evaluation to be more of a catch-all and there could be circumstances under which the Commission judges that there is an issue that is contrary to the public good. Commissioner Peel asked where individuals go who have to be turned away from the shelter. Ordaz replied no guests have had to be turned away in the winter months over the past three years because of the additional space. Chair Stackhouse requested additional input on health and safety concerns. Ordaz replied the hope is that the extended morning hours will allow for guests to get on the MAX and head straight to the Murphy Center. Additionally, Ordaz stated either Police Services or Outreach Fort Collins will be contacted for assistance to deal with any security or safety issues. Commissioner Shepard requested a summary of Outreach Fort Collins. Ordaz replied the organization is a liaison between business owners and people experiencing homelessness. Commissioner Peel asked Police Services to explain what happens when they are called to address homeless individuals trespassing. Annie Hall, Fort Collins Police Services, replied that officers would first ask the business or landowner if they want to pursue criminal charges. The officer responds with the intent of enforcing the law. If anyone refuses to leave, a ticket is issued, and if they continue to refuse to leave, a person could be taken into custody, though in general, once people are issued a citation for trespassing, they leave the area. The trespass citations would require the individual to appear in court, typically municipal court for individuals experiencing homelessness. Additionally, if individuals do not appear in court, a warrant is issued for arrest for failure to appear. Commissioner Katz expressed support for the request, but stated he is a bit hung up on compliance with Section 4.3.2(c)(3)(g). However, he will trust the legal team that it is in compliance. Commissioner Connelly expressed support for the request. Commissioner York stated the modification request meets three of the four requirements and expressed support for the request. Commissioner Shepard also expressed support for the modification and the final plan. Commissioner Peel stated the Commission is well within its purview to grant the modification request and expressed appreciation for the Rescue Mission working with the neighborhood to address concerns. Commissioner Sass commended this public/private partnership. He stated he had similar concerns to those of Commissioner Katz initially, but noted the previous ordinance allowed for 70 individuals. Chair Stackhouse stated she would support the request and concurred allowing for 70 guests is not inconsistent with City Council’s intent based on the previous ordinance. Commissioner York made a motion that the Fort Collins Planning and Zoning Commission approve the requested modification of standard to the Land Use Code, Section 4.3.2(c)(3)(a) to allow a maximum of 70 people to be housed in the seasonal overflow shelter. The Commission finds the modification would not be detrimental to the public good and the following modification criteria is met without impairing the intent and purposes of the Land Use Code, the granting of the modification would substantially address the important community need to house people experiencing homelessness in furtherance of City Plan policy objectives, and the strict application of Section 4.3.2(c)(3)(a) would rend the project practically infeasible. This decision is based upon the agenda materials, the information and materials presented during the work session and this hearing, and the Commission discussion. Further, this Commission hereby adopts the information, analysis, findings of fact, and conclusions regarding this modification contained in the staff report. Commissioner Connelly seconded. Yeas: Peel, Katz, Connelly, York, Sass, Shepard, and Stackhouse. Nays: none. THE MOTION CARRIED. Commissioner Sass questioned how the strict application of the Code, allowing for 50 guests, would render the project practically infeasible. Commissioner York replied that the overflow shelter has had over 60 guests for many of the nights it was open; therefore, they would need to turn people away if the number was not increased. Commissioner Katz also stated not increasing the number would make it infeasible to meet the community need. Commissioner Katz made a motion that the Fort Collins Planning and Zoning Commission approve the 117 North Mason Street seasonal overflow shelter final development plan, FDP240011, finding that the project complies with all applicable land use requirements, including the previously approved modification. This decision is based upon the agenda materials, the information and materials presented during the work session and this hearing, and the Commission discussion. Further, this Commission hereby adopts the information, analysis, findings of fact, and conclusions regarding this project contained in the staff report. Commissioner Peel seconded. Yeas: Peel, Katz, Connelly, York, Sass, Shepard, and Stackhouse. Nays: none. THE MOTION CARRIED. Commissioner Shepard stated he is reassured by the agreement with the City of Fort Collins as well as the land use compliance. Additionally, he stated this is a function of a city. 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. Adjournment Chair Stackhouse moved to adjourn the P&Z Commission hearing. The meeting was adjourned at 7:13 pm. Minutes respectfully submitted by Melissa Matsunaka. Minutes approved by a vote of the Commission on: November 21, 2024.