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HomeMy WebLinkAboutPlanning and Zoning Commission - MINUTES - 11/21/2024Julie 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 November 21, 2024 Chair Stackhouse called the meeting to order at 6:00 p.m. Roll Call: Stackhouse, Connelly, Peel, York, Katz, Sass, and Shepard Absent: None Staff Present: Jarvis, Haigh, Kleer, Frickey, Myler, Beals, Stamey, Matsunaka 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 Planning Manager Clay Frickey reviewed the items on the Consent and Discussion agendas, stating all items will be heard as originally advertised. Public Input on Items Not on the Hearing Agenda None. Planning and Zoning Commission Minutes Consent Agenda: 1. Draft Minutes for the P&Z August 28, 2024, Extra Hearing The purpose of this item is to approve the draft minutes of the August 28, 2024, Planning and Zoning Commission hearing. 2. Draft Minutes for the P&Z September 19, 2024, Regular Hearing The purpose of this item is to approve the draft minutes of the September 19, 2024, Planning and Zoning Commission hearing. 3. Three-Mile 2024 Update This is a request for a recommendation to City Council adopting the 2024 Update to the Three-Mile Plan. The Three-Mile Plan is a reference document of approved plans and policies describing infrastructure, land use planning, and provision of services for areas of potential annexation within three miles of the municipal boundary. The Plan is required per Colorado Revised Statues Section 31-12-105 and is updated annually to reflect new or revised plans and policies. Commissioner Shepard made a motion to approve the Consent Agenda for the November 21, 2024, hearing as originally advertised. Commissioner Peel seconded the motion. Yeas: Shepard, Connelly, York, Peel, Sass, Katz, and Stackhouse. Nays: none. THE MOTION CARRIED. Discussion Agenda: 4. Liberty Common Junior High, SPA24002 This is a request to convert an office into a charter school at 1825 Sharp Point (parcel #s 8720105004). The applicant is proposing an interior nd OWNER: APPLICANT: Jensen LaPlante Development Fort Collins, CO 80525 STAFF ASSIGNED: Staff Presentation Kai Kleer, City Planner, stated this project is an expansion of the existing Liberty Common Junior High School at 1825 Sharp Point Drive, and noted the application is subject to site plan advisory review (SPAR). SPAR is a process governed by Colorado Revised Statutes that allows the Planning and Zoning Commission to review and comment on applications to the Board of Directors. Kleer noted the City’s Land Use Code does not apply to SPAR projects and the review is narrowed to three criteria: location, character, and extent. Kleer noted this proposed expansion is the first of two proposed expansion phases and stated there is an associated application to vacate the right-of-way on Riverbend Court. Kleer showed slides of the property and noted it is located in the Industrial zone district. Applicant Presentation Tricia Diehl, Liberty Common Building Corporation, stated Liberty Common was one of the first charter schools in Colorado and is chartered through Poudre School District. She noted all school decisions are made internally through the parent board and school administration and stated the Liberty Common Building Corporation is the entity that was set up by the legislature originally to hold the school’s assets, including real estate. Diehl noted this expansion would ultimately be permitted by the State. Sandy Stoltzfus, Liberty Common Elementary School Principal, discussed the history of the school and stated the school advocates for parental choice in every element of education. She stated the expansion is needed due to demand. Shelby Hinchliff, Neenan Company, provided a diagram showing the existing traffic at the elementary school as well as how the junior high school traffic will fit in. Matt Delich, Delich Associates, stated it is highly likely there will be siblings attending these schools and there is also bus service between the various campuses; however, that was not taken into account as part of the traffic study. Hinchliff noted there will no longer be parking on March Court and stated the schools will be incorporating staggered start times. Additionally, Hinchliff noted emergency vehicles do not dispatch from the Sheriff’s Office location adjacent to the school. Staff Analysis Kleer commented on the draft letter to the Liberty Common School Board of Directors. In terms of location, Kleer noted the area is envisioned to evolve over the next 20 years and has a new place type designation: RND Flex District. Staff found the location to be consistent with the guidance from the City’s Comprehensive Plan. In terms of character, Kleer noted staff recommended screening for the parking area and enhanced walkways to the building’s primary entrance. He stated staff did not have any comments on architecture but did recommend preservation of the existing trees to the extent reasonably feasible and that full tree stocking should be achieved through parking areas and along the streetscape. Regarding extent, Kleer stated staff focused on the transportation impact study and the fact that the recommendations from that study have been agreed upon by the applicants, including the signing and striping of March Court and staggered start times. Kleer stated Utilities completed its review of the project since the work session and did not offer any comments for this expansion phase, though staff will have comments on the right-of-way vacation and the second phase. Kleer stated any new lighting is recommended to be fully shielded, down directional, and generally compliant with dark skies and best practices of the lighting code. Commission Questions Chair Stackhouse reviewed the Site Plan Advisory Review process and noted comments will go to the Liberty Common Board of Directors. Commissioner Katz noted the Industrial zone does not allow schools and asked if this would be allowed if it were a private school. Frickey replied a school use such as a driving school would need to follow the Code and seek an addition of permitted use for the Industrial zone district. He also noted the school has been operating in the location for many years. Commissioner Katz expressed concern that a new school could come in that does not fall under the SPAR process and thereby create a non-conforming use. Frickey noted the chances of another school coming into the site that is not chartered or otherwise falls under the SPAR process is very small. Commissioner Shepard asked about the City Forester requirements should a tree be removed or replaced and asked if the trees along the streetscape are in the public right-of-way. Kleer replied he would need to confirm whether or not the trees are in the public right-of-way. Commissioner Shepard expressed concern that a detached walkway could be hazardous to the trees and encouraged the applicants to be cognizant of tree health. Kleer noted there are fairly strict standards for the critical root zone. Commissioner Peel asked how this campus would fit into a 15-minute community. Kleer replied the concept behind a 15-minute community is that individuals can get to their daily needs within 15 minutes by bike, vehicle, or walking, and in this case, the Bucking Horse neighborhood is within a 15 minutes’ walk to the site. Additionally, there is a natural areas trail that runs on the east side of Sharp Point Drive that provides direct connection into that community. He stated staff would say the proposal generally aligns with the idea of a 15-minute community, although, in general, the enrollment model for charter schools generally does not align with the vision of 15-minute communities because they pull from a larger radius. Commissioner Connelly asked if the Sherriff’s Office has had any additional concerns since the neighborhood meeting. Hinchliff replied she was unaware of any. Commissioner York asked about projected enrollment of siblings at the two buildings and whether students come from Timnath given the recent completion of the Poudre Trail. He specifically asked about anticipated non-motor vehicle traffic to the school. Stoltzfus replied about 100-200 of the 610 enrolled elementary school students have a junior high sibling. She noted students who live in the Poudre School District boundaries have priority enrollment, and there are a number of families from Timnath. Commissioner York stated the traffic study did not include impacts to Prospect Road. Delich replied all traffic studies are scoped with Traffic Operations staff and, in this case, none of the Prospect intersections were analyzed, just the intersections around the school itself. Tyler Stamey, City Traffic Engineer, noted there is a long-term capital project planned to widen Prospect, and it is anticipated there will be a signal at Sharp Point. He noted there are multiple exits from the school onto Prospect. Commissioner Sass asked how many increased trips the project is generating. Stamey replied the estimates were for 502 daily trips for phase one. Commissioner Shepard noted the Nancy Gray and Sharp Point connection crosses the Great Western Railroad, which has a no train horn designation; however, he stated the intersection does not seem to have the items necessary to create a Federal Railroad Administration quiet zone. Stamey replied that a combination of medians and approach gates can be used to meet the standards. Commissioner Shepard asked about the status of the Prospect improvements. Stamey replied design is not yet funded and there is a request in the current budget for that funding. Commissioner Sass asked if this is a change of use. Kleer replied it is a change of occupancy, not a change of use by Land Use Code standards. Commissioner Sass asked how to ensure the detached sidewalk meets City standards if it is not in the right-of-way. Kleer replied the City has purview over public streets and utilities, but not over state building code. If the trees are in the right-of-way, the City would have control over any impact to them. Commissioner York asked how much bike parking will be provided on the site. Hinchliff did not have an exact number but stated it will be part of the project. Additionally, the proposed crosswalk on Sharp Point should encourage more bicycle ridership. Public Comment None. Staff Response Kleer noted the City is asking for a proportional share of the March Court rapid flashing beacon for the connection between the trail by Prospect Ponds into the school campus. Commission Questions / Deliberation Chair Stackhouse noted the draft letter calls for the Commission to offer three comments: signage and striping for March Court, establishment of an urban tree canopy and mitigation of any trees removed, and pedestrian and visual mitigation of vehicular use areas. The letter also requests lighting protect the night sky and states that the Commission strongly recommends public improvements to comply with the current adopted standards to mitigate additional student-related traffic to the site. Commissioner Shepard asked the Commission to consider adding a clause related to encouraging consultation with the City Forestry Department. He noted retrofitting in a detached sidewalk will require a fair amount of tree protection. Commissioner Sass concurred and stated it is important that the urban tree canopy remain. Commissioner York commented on the importance of making a recommendation now so the second phase of expansion has fewer items for the Commission to consider. He concurred with including a reference to the City Forester and stated he would like to see more information about non-motor vehicle traffic, which is likely more for the second phase. Chair Stackhouse asked if a SPAR will be required for the second phase. Kleer replied in the affirmative. Commissioner Shepard made a motion that the Fort Collins Planning and Zoning Commission approve staff recommendations for the Liberty Common Junior High SPAR, #SPA24002, and direct staff, pursuant to C.R.S. 22-32-124(1.5)(a) to provide those recommendations and comments to the Liberty Common Board of Directors with a request for the Board’s response. This approval to provide comments is based on finding that the submitted site development plan meets the applicable Land Use Code requirements set forth in Land Use Code Section 6.11.2(Q), except as detailed in the draft letter to the Liberty Common School Board of Directors. This decision is based upon the agenda materials, the information and materials presented during the work session and this hearing, and the Commission discussion on this item. The Commission hereby adopts the information, analysis, findings of fact, and conclusions regarding this Site Plan Advisory Review contained in the staff report included in the agenda materials for this hearing. Commissioner Connelly seconded the motion. Yeas: Peel, Katz, Connelly, York, Sass, Shepard, and Stackhouse. Nays: none. THE MOTION CARRIED. (**Secretary’s Note: The Commission took a brief recess at this point in the meeting.) 5. Regulations This is a request for a recommendation to the City Council regarding an update to the Land Use Code. There are proposed revisions, clarifications, and organizations to the Code that address specific areas that are the subject of two State House Bills passed earlier this year. HB24-1152 requires the ability to build an ADU in more areas of the city, -1304 removes the minimum parking requirements for new -unit and residential mixed- -up to the code are also included. City of Fort Collins 300 Laporte Ave Fort Collins, CO 80524 STAFF ASSIGNED: Staff Presentation Noah Beals, Development Review Manager, stated this item relates to two State House Bills passed earlier this year, one that requires jurisdictions to allow accessory dwelling units (ADUs) anywhere a single-unit house could be built or where a single-unit house exists. Additionally, all restrictive standards that would prohibit an ADU from being built must be eliminated, no additional parking spaces need to be required for an ADU, and ADU applications are only to be reviewed by government staff and shall not be deferred to elected or appointed public bodies, including a hearing officer. The new law does allow for restrictions on the use of ADUs for short-term rentals, for a statement to be made by the Historic Preservation Commission, and for the water service provider to provide a letter related to water service in the area. The second new law eliminates minimum parking requirements for multi-unit and residential mixed-use developments. However, if parking is provided, jurisdictions can still require design standards for the parking area. Beals outlined additional Code changes that are necessary due to the state regulations. He stated staff is recommending the Commission recommend approval of the proposed Code changes to City Council. Commission Questions Commissioner York asked if there is a limit to one ADU per property. Beals replied that is the proposal with the Code changes. Commissioner Sass asked if there is a requirement for making the change to Section 4.3.1(A)(2). Beals replied the proposed Code language for that section is not necessarily required by the State House Bill, but is intended to help ensure the ADUs that are built, built and used safely. Commissioner Shepard noted there was previously a provision in the Land Use Code that allowed for the extension of water and sewer service to an ADU, but that has now been moved to the Municipal Code. Beals confirmed that change. Commissioner Shepard asked about the standards related to the ADU being subordinate to the principal dwelling. Beals replied there are some floor area requirements for ADUs to ensure they are built within the state statute to limit the size to 750 square feet, and they cannot be taller than the existing primary structure. Commissioner Shepard asked about the difference in building permit fees between an accessory building with habitable space without water and sewer and an ADU with water and sewer. Beals replied that capital expansion fees are associated with a dwelling unit, and those can be $10,000-$15,000. Commissioner Sass asked how many accessory buildings currently exist in the city. Beals replied he did not have that exact number. Commissioner Sass asked if there is a concern that more accessory buildings will be built but not utilized as dwelling units, which is the goal of the state legislation. Beals replied the current Code restricts how many ADUs can be built, but does allow for accessory buildings with habitable space to be built. The proposed Code changes are designed to ensure ADUs are built and used correctly and safely. Commissioner Shepard asked if a fire suppression system would be required if the ADU is detached. Beals replied that is probably dependent on distance to a fire hydrant. Commissioner Shepard asked if a basement could be converted to an ADU. Beals replied in the affirmative and noted it would require a separate exterior entrance or vestibule. Chair Stackhouse asked if there would be a way to address the safety concerns by defining an ADU as being used for overnight occupancy. Assistant City Attorney Jarvis replied she believed that would be possible. Beals stated staff would be willing to revise the piece related to Section 4.3.1(A)(2) for consideration at a later date. Public Comment None. Commission Questions / Deliberation Commissioner Connelly expressed concern about Section 4.3.1(A)(2) and supported removing it from consideration at this time. Commissioner Sass concurred. Commissioner Shepard asked how the public has been notified about these changes. Beals replied all Planning and Zoning Commission meetings are publicly noticed, though no additional public outreach as occurred. Commissioner Peel also concurred with removing the Section 4.3.1(A)(2) changes at this time. Commissioner York also concurred. Commissioner Sass asked how to deal with a situation in which a garage is converted into an ADU and street parking is not available. Beals replied the State Bill grappled with that, but ultimately decided the priority is more housing. Commissioner Sass expressed concern about the parking situation. Commissioner Shepard asked if parking maximums have been considered. Beals replied that possible change is being considered for the next phase of Land Use Code updates. Chair Stackhouse also concurred with the removal of the Section 4.3.1(A)(2) changes at this time. Members discussed full living amenities which include living, sleeping, eating, cooking, and sanitation. Commissioner Shepard suggested examining a tiered capital expansion fee system based on square footage. Commissioner Connelly made a motion that the Fort Collins Planning and Zoning Commission recommend that City Council approve the proposed amendments to the Land Use Code Article 2, Zone Districts, Sections 2.1.2, 2.1.3, 2.1.4, 2.1.5, 2.1.6, and 2.2.1, Article 3, Building Types, Sections 3.1.6, 3.1.7, 3.1.9, and 3.1.10, Article 4, Use Standards, Sections 4.2 and 4.3.1(A)(1), Article 5, General Development and Site Design, Sections 5.9.1 and 5.10.3, Article 6, Administration and Procedure, Sections 6.4.3 and 6.21.4, and Article 7, Rules of Measurement and Definitions, Section 7.2.2, finding that the proposed revisions, clarifications, and organizations to the Land Use Code are needed to comply with two State House Bills, HB24-1152, which requires the ability to build an accessory dwelling unit in more areas of the city, and HB24-1304, which removes the minimum parking requirements for new multi-unit and residential mixed- use development. The proposed amendments will promote the public welfare and will be consistent with the vision, goals, principles, and policies of City Plan and the elements thereof. This decision is based upon the agenda materials, the information and materials presented during the work session and this hearing, and the Commission discussion on this item. The Commission hereby adopts the information, analysis, findings of fact, and conclusions regarding this Land Use Code update contained in the staff report included in the agenda materials for this hearing. Commissioner York provided a friendly amendment to also include Section 4.3.1(B). Commissioner Connelly accepted the amendment. Commissioner York seconded the motion. Yeas: Sass, Katz, Shepard, Peel, Connelly, York, 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. Adjournment Chair Stackhouse moved to adjourn the P&Z Commission hearing. The meeting was adjourned at 8:26 pm. Minutes respectfully submitted by Melissa Matsunaka Minutes approved by a vote of the Commission on: January 16, 2025.