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HomeMy WebLinkAboutPlanning and Zoning Commission - MINUTES - 02/20/20252/20/25 - MINUTES Page 1 Planning & Zoning Commission REGULAR MEETING February 20, 2025 – 6:00 PM Council Chambers, City Hall 300 Laporte Ave Also via Zoom CALL TO ORDER: 6:00 PM ROLL CALL a. Board Members Present – Julie Stackhouse (Chair), Adam Sass (Vice Chair), Shirley Peel, Ted Shepard, York b. Board Members Absent – Russell Connelly, David Katz c.Staff Members Present – Clay Frickey, Arlo Schumann, Kendra Boot, Em Myler, Krista Kidwell, Melissa Matsunaka, Stefanie Boster 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 Clay Frickey, Planning Manager, stated all items will be heard as originally advertised. CITIZEN PARTICIPATION CONSENT AGENDA 1.CONSIDERATION AND APPROVAL OF THE MINUTES OF DECEMBER 19, 2024 The purpose of this item is to approve the minutes from the December 19, 2024, regular meeting of the Planning and Zoning Commission. 2.CONSIDERATION AND APPROVAL OF THE MINUTES OF JANUARY 16, 2025 The purpose of this item is to approve the minutes from the January 16, 2025, regular meeting of the Planning and Zoning Commission. Vice Chair Sass made a motion, seconded by Commissioner Peel, to approve the Consent Agenda as presented. Yeas: Shepard, Peel, York, Sass, and Stackhouse. Nays: None. THE MOTION CARRIED. ITEM 1, ATTACHMENT 1 2/20/25 - MINUTES Page 2 DISCUSSION AGENDA 3. BRICK STONE EXTENSION REQUEST FDP170006 DESCRIPTION: This is a request for an extension to the vested rights for 201 East Harmony Road (Brick Stone Apartments on Harmony). The City of Fort Collins adopted new Land Use Code standards in May of 2024. The project team will be providing a full analysis documenting how the project still meets the general development standards found in Articles 2, 3, 4, and 5 of the newly adopted Fort Collins Land Use Code. This full analysis will be provided to the City before December 14th, 2024 (date of extension STAFF: Arlo Schumann, Planner Commissioner Shepard stated he had a brief, factual conversation with one of the abutting property owners in Fairway Estates during which the merits of this request were not discussed. He stated he did not believe the conversation would impact his impartiality on this issue. Staff Presentation Arlo Schumann, Planner, discussed the project site location and noted it is within the Harmony Corridor (HC) zone district. He stated the approved project consists of 116 units and 197 off-street parking spaces in a garage and noted the project received vested rights in December of 2017, though there has been no construction activity related to the project since. He stated staff approved two vested rights extensions in 2020 and 2021, and the Planning and Zoning Commission approved vested rights extensions in 2022 and 2024. Any future rights extensions will require Commission approval. Schumann outlined the criteria for the extension: that the project must meet all current applicable standards in Land Use Code Articles II, III, IV, and V, must not be detrimental to the public good, and must meet one of two criteria: either the applicant has been diligent in constructing the required engineering improvements or, due to other extraordinary and exceptional situations unique to the property, completing all engineering improvements would result in unusual and exceptional practical difficulties or undue hardship upon the applicant. Applicant Presentation Sam Coutts, Ripley Design, noted the Land Use Code does not contain a maximum number of vested rights extensions allowed. He provided information as to how the project team has ensured the project complies with the newly adopted foundational Land Use Code and noted staff concurred with the conclusion that it complies. Coutts outlined the public improvements that are going to be required for the project and discussed the practical difficulties related to the culvert extension that is needed given its operating window and construction sequencing. Coutts noted Fort Collins does not have a definition for an undue hardship in the Land Use Code, but it could include things such as unseen regulatory changes, economic hardship beyond any normal market fluctuations, physical site constraints, or an act of God, which did occur in this case with the COVID pandemic. Coutts noted the property has remained undeveloped and granting the vested rights extension would not change that. Additionally, the property is well-maintained and there are existing bike and pedestrian facilities along the frontage. ITEM 1, ATTACHMENT 1 2/20/25 - MINUTES Page 3 Coutts stated there is no downside to extending the vested rights and stated any other project would still have the same difficulties and would not be completed any more quickly. He noted there is a potential buyer for the site who is interested in a 55+ development, though they will require these vested rights to be in place to move forward. Staff Analysis Schumann noted the foundational Land Use Code adoption included changes that were structural to the organization of the Code, though many of the standards were the same as those in the previous Land Use Code. He stated staff found the following in its evaluation of the vested rights extension request: it complies with the applicable procedural and administrative requirements of Article VI of the Land Use Code; therefore, staff recommends approval of the vested rights extension. Commission Questions Vice Chair Sass asked if the ditch company has changed its patterns since 2017. Ben Massimino, developer, replied he was not aware of any changes. Vice Chair Sass asked if the required Harmony Road improvements are in alignment with the overall Master Street Plan build-out. Frickey replied in the affirmative and stated the Harmony Road plans have not changed since the original approval of the project in 2017. Chair Stackhouse stated her understanding that the infrastructure improvements need to occur approximately concurrently with the development itself for the project to be viable. She also stated her understanding that given the current interest rate environment, that it is unlikely, that the project will be completed, which is why an alternative buyer is being sought. She asked if that was a fair assessment. Massimino replied in the affirmative and stated current interest rates would make a multi-family project not viable at this time. He stated selling to a new developer for a 55+ project could be viable as those rents are traditionally higher than a market-rate multi-family use. Public Input David Ramsey, Fairway Estates Property Owners Association President, stated no hardships have been presented that justify the delay in this project as other projects have moved on during this time period. He stated the property owner has taken down references to the Brick Stone Apartments plans on its website and has added an advertisement for a retail storefront and office space, which was never discussed. He requested the Commission not grant the vested rights extension as the developer does not seem to have any intention of developing that plan. Applicant Response Coutts stated commercial realtors have a tendency to run images of projects that have yet to be completed, and noted any purchaser would be well aware a change of use would require approval by the Commission. Massimino stated the site has been under contract three times, and the vested rights extension deadline has made it too risky for buyers to move forward. He stated starting new projects has been difficult over the past months due to inflation, interest rates, and an oversupply of housing. Commission Deliberation Commissioner York thanked Mr. Ramsey for his comments and concerns and concurred that having the vested rights makes the sale of the property more viable. However, he noted the Commission’s decision must be based on the Code and whether or not a hardship exists. Vice Chair Sass outlined the Code language related to the extraordinary or exceptional situations unique to ITEM 1, ATTACHMENT 1 2/20/25 - MINUTES Page 4 the property. He stated interest rates, inflation, and COVID have been universal and are not unique to developing a property. Commissioner Peel asked if the drainage ditch timeline is an unusual, exceptional practical difficulty. Vice Chair Sass noted there are ditches that run during the same timeline all over the community and stated it does add complexity to construction projects, but it is not unique. Commissioner York concurred that the ditch issue is not unique or exceptional for this property. Commissioner Shepard stated one of the origins of this standard came from the State legislature and had to do with ghost subdivisions that did not have public improvements. He stated he does not see the downside in extending the vested rights and the public does not gain by expiring the project. He stated he would support the extension but understands the frustration. He also suggested a maximum number of extensions may be worth including in the Code. Vice Chair Sass reiterated the Code language related to an exceptional and extraordinary circumstance. He stated that while it may not be harmful to extend the vested rights, the extension may not be in compliance with the Code. He noted the roadway improvements were known as was the ditch situation. Chair Stackhouse noted the Commission heard the same argument for the extension it granted last year. She stated she would only be comfortable with one more extension as it may help to provide some predictability for the existing homeowners in the area. Commissioner York concurred and noted the Code does not include a maximum number of extensions. Additionally, the Commission approved the extension with the same information last year. He questioned how the project could be moved forward without an additional extension next year. Vice Chair Sass stated he does not believe that should be a consideration. He stated he would like to encourage housing as it is needed; however, extending these rights sets a precedent and he does not believe there are circumstances unique to the property that justify the extension. Commissioner Peel asked staff if they make decisions about extraordinary hardships solely on the property. Frickey replied the vested rights extension review looked at the project and what factors were leading to the project being stalled. He stated the condition of an irrigation ditch running along a major six-lane arterial is somewhat unusual. Vice Chair Sass noted that the situation has existed since the property was purchased and reiterated there are stormwater ditches all throughout the community. Commissioner Peel stated this is a difficult decision as she does not like government to make things more difficult for people and housing is needed; however, this may not rise to the Code requirements. Commissioner Shepard commented on a church project that was granted an extension seven times and stated those arguments were equally as non-compelling. He stated the standard is written in a manner that is quite strict; however, it could be interpreted as it has been in the past. He reiterated there is nothing to gain by expiring the project. Vice Chair Sass expressed concern the project is being advertised as not what was approved and stated a line needs to be drawn somewhere. Chair Stackhouse concurred a line needs to be drawn, but there is a question as to where. She stated she is not comfortable with indefinite extensions and suggested considering it for one more year with a more critical examination if it returns next year. Commissioner York stated he would be comfortable with one more extension with a goal of including a ITEM 1, ATTACHMENT 1 2/20/25 - MINUTES Page 5 maximum number of extensions in the Code during that time. Commissioner Peel stated it is the job of the Commission to determine whether the standards are upheld. Vice Chair Sass reiterated his opinion that there are no unique and exceptional circumstances. Frickey noted there would need to be some analysis to ensure other issues are not being created by amending the Code section related to the number of extensions allowed. Vice Chair Sass made a motion that the Fort Collins Planning and Zoning Commission deny the requested one year vested rights extension for Brick Stone Apartments on Harmony FDP170006, finding that the development does not comply with Land Use Code Section 6.3.11(e)(4) due to the extraordinary and exceptional situations unique to the property, completing all the engineering improvements results in unusual and exceptional practical difficulties or undue hardship on the applicant because those are not unique and extraordinary. Except as stated, the Commission further finds that the application otherwise met the requirements for an extension as stated in the staff report provided for this item. The 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. Commissioner Peel seconded the motion. Yeas: Peel and Sass. Nays: York, Shepard, and Stackhouse. THE MOTION FAILED. Commissioner York made a motion that the Fort Collins Planning and Zoning Commission approve the requested one year vested rights extension for Brick Stone Apartments on Harmony FDP170006, finding that the extension would not be detrimental to the public good, the development plan complies with all applicable development standards as contained in Articles III and V, and zone district standards as contained in Articles II and IV, at the time of the application for the extension, and extraordinary and exceptional situations unique to the property exist, including the Harmony Road extensions and turn lanes with the constraints on the timeline for construction, such that completing all engineering improvements would result in unusual and exceptional practical difficulties or undue hardship upon the applicant. 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. Further, this Commission hereby adopts all the information, analysis, findings of fact, and conclusions regarding the modification of standard contained in the staff report, including the agenda materials for this hearing. Commissioner Shepard seconded the motion. Yeas: York, Shepard, and Stackhouse. Nays: Sass and Peel. THE MOTION CARRIED. 4. ROOTED IN COMMUNITY, URBAN FOREST STRATEGIC PLAN DESCRIPTION: This is a request for a Recommendation to the City Council regarding adoption of the Urban Forest Strategic Plan as a component of City Plan. As Fort Collins’ first Urban Forest Strategic Plan, the proposed plan will align and guide future growth strategies for sustaining and growing a healthy and resilient urban forest for the people of Fort Collins and benefit STAFF: Staff Presentation Kendra Boot, City Forester, stated this is the first urban forest strategic plan the community has had. She ITEM 1, ATTACHMENT 1 2/20/25 - MINUTES Page 6 stated the Plan sets a 20-year vision for Fort Collins’ urban forest, including both public and private trees within the growth management area. She commented on the benefits of trees in the community and summarized the process that went into developing the Plan. Boot noted the Plan is heavily aligned with the City-wide 2024 Strategic Plan. Boot noted the City-wide canopy coverage area is about 13.7%, and adding in the growth management area reduces that number to 12.6%. She also noted the canopy has grown by 4% since 2011. Boot commented on the ways in which trees support the shift to active modes and discussed the use of prioritization to plant trees for positive outcomes. Boot outlined the seven growth strategies in the Plan and stated each one has a set of foundational and transformational initiatives. Boot noted staff is seeking a recommendation to Council and is recommending adoption of the Plan as a component of City Plan. Commission Questions Commissioner Peel asked why the southwest corner of the city is designated as a low priority. Boot replied natural areas, parks, and agricultural fields were considered not plantable space, though priorities will change as the canopy gets larger in that area. Vice Chair Sass asked if there is a coverage goal that is attempting to be achieved with the Plan. Boot replied a canopy cover goal was specifically not identified, primarily because there have been standards in place to help support canopy growth in the community for quite some time. Vice Chair Sass asked if there are different recommended regulations on public developed properties versus private developed properties. Boot replied the City tries to lead by example and mitigates trees as part of capital improvement projects as would be done as part of commercial developments. Commissioner York asked how this Plan works or conflicts with promoting photovoltaic energy generation in the built environment. Boot replied the Plan does not specifically speak to solar panels; however, there have been conversations with staff around ‘right tree, right place.’ Additionally, the Plan focuses on opportunities for education and outreach. Commissioner York noted there may be a conflict with some of the solar panels being placed in new developments once newly planted trees reach their ultimate heights. Commissioner Shepard asked about the FTE situation in the Forestry Department. Boot replied there are currently 17 employees that care for 60,000 public trees along streets, in parks, on golf courses, et cetera, and the department did ask for three additional FTE’s plus some additional maintenance equipment in the last budget cycle, though that was not funded. Commissioner Peel asked if there have been conversations about how increasing the tree canopy interferes with cell service. Boot replied there have been conversations about that topic, particularly with the small cell towers that are going up throughout the community. She stated those cell towers are being strategically placed around the existing canopy. Public Input None. Commission Deliberation Commissioner Shepard commended the Plan stating it is long overdue and noted that while the Land Use Code does a good job of requiring development to provide trees, this Plan should help fill the gaps in other areas and will hopefully lead to various funding sources. ITEM 1, ATTACHMENT 1 2/20/25 - MINUTES Page 7 Vice Chair Sass stated the City has the opportunity to lead by example and stated he hopes the Plan can assist with that. Chair Stackhouse concurred the Plan is sound and aspirational. Commissioner Shepard stated allowing developers to build medians in non-arterials would add to the tree canopy in the public space. Vice Chair Sass suggested the Commission encourage the Plan not be allowed to stall after its adoption and suggested Council put forth some additional funding to provide some forward momentum. Chair Stackhouse noted there are other plans that also need additional funding. Commissioner Shepard commented on some possible revenue sources, including sports betting, casino gambling, an increased lodging tax, and using a portion of the Art in Public Places capital tax for trees in public places. Commissioner Peel suggested exploring public/private partnerships and grants. Chair Stackhouse suggested the following language: as a matter of principle, we encourage the Council to make an aligned fiscal commitment to this Plan and all strategic plans it adopts, including the use of private/pubic partnerships, grants, and donations.’ Vice Chair Sass made a motion that the City of Fort Collins Planning and Zoning Commission recommend that City Council adopt the Rooted in Community Urban Forest Strategic Plan as a component of City Plan, requesting that Council make an aligned fiscal commitment for this Plan, as well as all plans, to keep the momentum of this Plan and all plans, moving forward, potentially utilizing funding sources such as lodging taxes, gambling funds, public/private partnerships, or a break down of the Art in Public Places capital tax. The proposed Rooted in Community Urban Forest Strategic Plan effectively will align and guide future growth strategies for sustaining and growing a healthy and resilient urban forest for the people of the city of Fort Collins for the benefit and the greater community as a whole, and/or provide seven recommended growth strategies to support and maximize the community benefits that arise from fostering a healthy urban tree canopy, and outlines the current state of the urban forest emphasizing why trees are an important component of our community’s infrastructure and identifies key opportunities to continue improving the urban tree canopy for generations to come. 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. Further, this Commission hereby adopts all the information, analysis, findings of fact, and conclusions regarding the proposed Rooted in Community Urban Forest Strategic Plan contained in the staff report, including the agenda materials for this hearing. Commissioner York seconded the motion. Commissioner York asked if Commissioner Shepard’s suggestion related to Art in Public Places was to show an example of how funding could be set up, not to use a portion of those funds. Commissioner Shepard clarified his recommendation was to fund a ‘trees in public places’ program with an additional percentage. Chair Stackhouse suggested using ‘such as’ or ‘including but not limited to,’ and keeping the language broader. Vice Chair Sass restated his motion as follows: Vice Chair Sass made a motion that the City of Fort Collins Planning and Zoning Commission recommend that City Council adopt the Rooted in Community Urban Forest Strategic Plan as a ITEM 1, ATTACHMENT 1 2/20/25 - MINUTES Page 8 component of City Plan, requesting that Council make an aligned fiscal commitment for this Plan, as well as all plans, to keep the momentum of this Plan and all plans, moving forward. The proposed Rooted in Community Urban Forest Strategic Plan effectively will align and guide future growth strategies for sustaining and growing a healthy and resilient urban forest for the people of the city of Fort Collins for the benefit and the greater community as a whole, and/or provide seven recommended growth strategies to support and maximize the community benefits that arise from fostering a healthy urban tree canopy, and outlines the current state of the urban forest emphasizing why trees are an important component of our community’s infrastructure and identifies key opportunities to continue improving the urban tree canopy for generations to come. 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. Further, this Commission hereby adopts all the information, analysis, findings of fact, and conclusions regarding the proposed Rooted in Community Urban Forest Strategic Plan contained in the staff report, including the agenda materials for this hearing. Commissioner York seconded the amendment. Yeas: Sass, Shepard, Peel, York, and Stackhouse. Nays: none. THE MOTION CARRIED. OTHER BUSINESS None. ADJOURNMENT a. Chair Stackhouse moved to adjourn the P&Z Commission hearing. The meeting was adjourned at 7:44 PM. Minutes respectfully submitted by Krista Kidwell Minutes approved by the Chair and a vote of the Board/Commission on 04/17/25. ITEM 1, ATTACHMENT 1