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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 06/05/2003Council Liaison: Karen Weitkunat Staff Liaison: Cameron Chairperson: Mikal Torgerson Phone: (W) 416-7435 Vice Chair: Jerry Gavaldon Phone: (H) 484-2034 Chairperson Torgerson called the meeting to order at 6:30 p.m. Roll Call: Craig, Meyer, Torgerson, and Gavaldon. Members Colton and Carpenter were absent. Staff Present: Gloss, Eckman, Roy, K. Moore, and Dodge. Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the February 20 and March 6, 2003 Planning and Zoning Board Hearings. (CONTINUED) 2. #66-931/H Eckerd Drug at Harmony Village Major Amendment and Harmony Village Replat #4. Discussion Agenda: Recommendation Item to City Council: 3. Two Ordinances Relating to the NRAB and AQAB Making Recommendations to the Planning and Zoning Board. Vice -Chairman Gavaldon moved for approval of Consent Item 2. Member Meyer seconded the motion. The motion was approved 4-0. Project: Two Ordinances Relating to the NRAB and AQAB Making Recommendations to the Planning and Zoning Board. Project Description: Recommendation to City Council for two ordinances which, if approved by City Council would revise the functions of the Air Quality Advisory Board and the Natural Resources Advisory Board so as to specifically authorize those boards to advise the City Council regarding proposed annexations and other legislative matters, and make Planning and Zoning Board Minutes June 5, 2003 Page 2 recommendations to the Planning and Zoning Board regarding any planning items submitted to that board. Hearina Testimony, Written Comments and Other Evidence: Cameron Gloss, Planning Director, introduced City Attorney Steve Roy. Attorney Roy presented the item to the Board. He stated that the two ordinances were prepared at the request of three Council members pursuant to a Council resolution that established a process where matters that were not on the Council policy agenda could still be prepared and brought forward for Council's consideration. The ordinances would expand the powers of the two Boards (NRAB and AQAB) by enabling both to advise the City Council on proposed legislation, including annexations. The other change would enable both Boards to make recommendations to the Planning and Zoning Board as well as to the City Council. The Boards would be able to weigh in on particular development applications. Attorney Roy stated that the AQAB took a vote and recommended adoption of the ordinance. The NRAB has not yet taken any formal action but did provide some feedback. Both Boards felt that it would be helpful to have these additional powers, duties, or functions. However, neither Board seems to be interested in doing that on a regular basis. The language is currently written to allow the Boards to comment on any Development Application and both felt that they would not like to limit that language at this time as neither is sure what kind of language they would develop in terms of selecting particular development applications for comment. There has been discussion about limiting it to proposals where a modification of standards or variance is sought. Both Boards would likely seek to develop some internal guidelines so they could be specific on choosing which applications are appropriate to review. It is important for the Boards to be able to formulate their recommendations without slowing down the review process or adding expense to the process. Director Gloss stated that, in addition to the Planning and Zoning Board, the City has about 25 other Boards and Commissions. Of those, there are seven that relate specifically to land use matters. Having the expertise of these Boards could be very beneficial. However, this has the potential to lengthen the development review process. There may be some concern about inequality between these two Boards and the other five that specifically make recommendations on land use related matters. Director Gloss added that given the positive and negative potential outcomes of this, staff does not have a specific recommendation. He stated that staff did receive a letter from the Fort Planning and Zoning Board Minutes June 5, 2003 Page 3 Collins Chamber of Commerce, dated June 2, and that the Board members had received copies. Member Craig asked if the NRAB was hoping to continue the item. Attorney Roy replied that the NRAB did not indicate that they wanted the Planning and Zoning Board to delay its consideration of the item. Member Craig asked if there would be a great deal of changes between what the Board was considering tonight and what City Council would consider in the fall and asked if the Planning and Zoning Board should continue it until determining what the final ordinance will be. Attorney Roy replied that the only change so far is a bit of language that used to be "matters to be considered by the Board" and is now "matters related to the duties and functions of the Board." That change was made so the NRAB and AQAB could comment to the Planning and Zoning Board on matters not necessarily on the agenda. He added that he was unaware of any other changes in the works and therefore did not see any reason to hold off on making a recommendation. Member Craig asked why City Council was waiting until the fall to consider the item if there were to be no major changes. Attorney Roy replied that there was a consensus of the Leadership Planning Team that the item should go to a City Council study session in order to allow for a more free discussion of pros and cons before it goes for formal Council consideration. The timing is based simply on the fact that the six month planning calendar is quite full. Vice -Chairperson Gavaldon asked if a representative of the Planning and Zoning Board would be able to participate in the study session with City Council. Attorney Roy replied that that would be up to the Leadership Planning Team and possibly the entire Council. The Council recently passed a resolution dealing with the input of Boards and Commissions at their study sessions. It allows for Boards and Commissions members to speak either if they have been invited in advance by the Leadership Planning Team or if they are in attendance at the study session and are called upon by any member of Council. Vice -Chairperson Gavaldon asked if any other Boards had looked at the possibility of having input into the process. Planning and Zoning Board Minutes June 5, 2003 Page 4 Attorney Roy replied that neither the NRAB or AQAB requested these ordinances, a Council member did. There is nothing in the works to allow for similar participation by other Boards and Commissions. Vice -Chairperson Gavaldon expressed concern about setting a precedent for other Boards and Commissions to have their duties expanded to comment on development proposals. Attorney Roy replied that he had heard that concern expressed but that it is something to consider. The Boards and Commissions are always encouraged to stay within their duties and functions. If these two Boards' duties are expanded to allow for this, that does not allow other Boards to also weigh in; their duties and functions under the Code would have to be similarly amended. Vice -Chairperson Gavaldon stated that he had seen other Boards and Commissions weigh in informally and indirectly. Attorney Roy stated that, in his opinion, it is permissible for any individual Board or Commission member to show up at a Planning and Zoning Board hearing on a development application and state their individual views, even if they say they are a member of a certain Board, as long as they clarify that their position is their individual opinion and not a position of the Board. Vice -Chairperson Gavaldon asked that the Planning and Zoning Board be part of the process as it continues through Council. Attorney Roy replied that he would send that request on to Council. Public Input David May, president of the Fort Collins Area Chamber of Commerce, gave his testimony to the Board. He stated that the Chamber is opposed to the proposed changes, primarily because it will add length to the development review process, though there are assurances to the contrary. He stated that as distinguished as the members of those Boards are, they are citizen volunteers. He stated that air quality and natural resources issues receive significant scrutiny at the staff level. He stated that this would be a good way to slow the local economy and the development review process. Bruce Hendee, 2830 Mercy Drive, gave his testimony to the Board. He stated that the Boards already have the opportunity to make comments on development proposals. In addition, there is already a Land Use Code that establishes natural Planning and Zoning Board Minutes June 5, 2003 Page 5 resources criteria. The Natural Resources Department is always involved with development applications. Mr. Hendee stated concern about the Planning and Zoning Board not having the full ordinance prior to the City Council version. There is the potential for this to slow the development review process. He stated concern about singling out the two Boards as well. Doug Hutchinson, Fort Collins resident, gave his testimony to the Board. He stated that many potential consequences have been discussed but no problem has been outlined. If this kind of action is going to be taken, there should be a problem or shortcoming as perceived by Council. Public Input Closed Member Craig asked to clarify Mr. Hendee's statement that development applications are sent to the Boards and Commissions for comments. That is not the case and under the bylaws, at this point in time, they are not allowed to be looking at them for comment. Director Gloss stated that was correct Chairperson Torgerson clarified that though they cannot comment as a Board, they can certainly do so as citizens. He asked Attorney Roy to respond to the question about what the problem was. Mr. Torgerson stated that he had read in the newspaper that Councilmember Hamrick had proposed the ordinance in response to the In -Situ review. Attorney Roy replied that he would hesitate to speak on behalf of Councilmember Hamrick as to why he believes there is a need for these changes. He has referenced the In -Situ development proposal but his thoughts may go beyond that. Vice -Chairperson Gavaldon asked if the Planning and Zoning Board would be able to follow up and amend any recommendation they made tonight prior to the Council study session in the fall. Attorney Roy replied that it is up to the Planning and Zoning Board to decide what it wants to say and when and whether to amend what it says. He stated his recommendation would be to have a position in place before the Council starts deliberation. It would be up to the Board to decide when to take action. Chairperson Torgerson noted that as the Board has already put off the decision twice, it would seem appropriate to at least weigh in a view. Planning and Zoning Board Minutes June 5, 2003 Page 6 Vice -Chairperson Gavaldon suggested advertising for public input on the item and having staff put together a draft process to see if there would be additional time required for development review. Chairperson Torgerson stated that Director Gloss did make a presentation at the worksession regarding what the process would become with this change. Vice -Chairperson Gavaldon stated that he missed the worksession and would like more input from the public. Chairperson Torgerson stated that there was a large article on the front page of the paper. Vice -Chairperson Gavaldon stated that there was not enough information to make a decision. Director Gloss stated that he would give a brief presentation on what the conceivable changes could be if the ordinances were passed. He showed a flowchart which was created assuming that the public notice requirements we have for any type of development application remain at two weeks. There could potentially be up to a two month delay in a development review application with the two Boards having input. That is not to say that it could not be structured a different way, but based on the ordinance wording, the schedules of the Boards, and other factors, there could be a potential lengthening of the process. Vice -Chairperson Gavaldon asked if the AQAB and NRAB could continue the items before making a firm recommendation and add more time to the process. Director Gloss replied that that was conceivable but stated that it was not automatic that adopting these ordinances would delay the development review process. Chairperson Torgerson stated that the Boards could be reviewing the project at the same time as staff is reviewing it and asked if that would be fair to the developer. Attorney Roy replied that if that could be accomplished logistically, the applicants' rights are satisfied by having the Planning and Zoning Board hearing, notice of that hearing, and an opportunity to appear and respond to a recommendation of the Boards. There is no legal reason why separate hearings would have to be held by each of the Boards. The decision that the Planning and Zoning Board makes needs to be based upon evidence in the record and the developer needs Planning and Zoning Board Minutes June 5, 2003 Page 7 to have an opportunity to appear and know what that information is, and respond to it. If there is a way to apprise these two Boards of the development information and allow the developer to attend a public meeting at which the Boards will discuss the project, that would suit all legal requirements without delaying the process as much. Chairperson Torgerson asked about the developer not being able to respond to comments publicly until the Planning and Zoning Board considers the item. Attorney Roy replied that those issues should be considered in the Planning and Zoning Board recommendation but that it would not be legally insufficient. Member Craig stated concern about making a recommendation on something that might be 'over -fixing" a simple problem that has not yet been identified and may not be until the Council study session. She stated that she would like to see the Board continue the item until the problem can be determined. Member Meyer stated that members of any Board can make public comment at any Planning and Zoning Board hearing on any item. Chairperson Torgerson asked if the Board would like to continue the item or make a decision. Vice -Chairperson Gavaldon stated that he would favor a continuance to determine the problem and gain more information. He added that he would like the Board to have continuing input with City Council if a recommendation is made tonight. Chairperson Torgerson stated that Attorney Roy had already stated that the Board could make additional comment at any time. Member Craig moved to continue the Recommendation to City Council for two ordinances relating to the NRAB and AQAB making recommendations to the Planning and Zoning Board citing that she would like more information from City Council on the problem. Vice -Chairperson Gavaldon seconded the motion adding the friendly amendments that a problem statement and defined process are determined. He added that he would like staff to conduct more outreach with the public. Member Craig asked staff if that was appropriate. Planning and Zoning Board Minutes June 5, 2003 Page 8 Director Gloss replied that he was surprised at the low turnout for the present meeting and added that the department is very busy with many large issues and projects and that it would be best to push it off for a few months. Member Craig stated that she would prefer to not add that amendment but would like to send to City Council a recommendation that they make sure that all parties are involved in defining the problem. Vice -Chairperson Gavaldon withdrew his second. The motion failed based on lack of a second. Member Meyer moved to recommend that City Council not adopt the proposed ordinances. Chairperson Torgerson seconded the motion. Member Craig stated that she would not support the motion because there is a problem that needs to be looked at. Vice -Chairperson Gavaldon stated that he would not support the motion. Chairperson Torgerson stated that he would support the motion based on not seeing any evidence that a problem exists. The motion resulted in a tie vote 2-2 with members Gavaldon and Craig voting in the negative. Attorney Roy stated that given the split vote, the motion did not pass and there is no distinct recommendation to Council. Chairperson Torgerson asked if a recommendation to not adopt the ordinances were given now, could the Board make a different recommendation in the future. Attorney Roy replied that if the Board wanted to reconsider in the future, that is their prerogative. Vice -Chairperson Gavaldon moved to recommend that City Council not adopt the proposed ordinances at this time but that the Board would like the opportunity to reconsider in the future as more information becomes available. Planning and Zoning Board Minutes June 5, 2003 Page 9 Member Meyer seconded the motion. Vice -Chairperson Gavaldon stated that he would like the Planning and Zoning Board to be open in reconsidering their decision based on any new information. Deputy City Attorney Paul Eckman asked if the Board would consider hearing additional information Director Gloss may receive as "Other Business" on future agendas and if no additional information is provided, if the Board would still like to see the item again. Vice -Chairperson Gavaldon stated that he would like to leave the decision as is unless further information warrants a change. Member Craig stated concern about missing Board members and stated that she would like Director Gloss to bring the issue back to the Board as it progresses over the summer, one way or the other. Attorney Roy stated that over the next couple months, a proposed process with more definition to it needs to be flushed out. That could give the Board and Council a bit more information in terms of whether the changes will delay the development review process. Member Meyer stated that she would like to have staff draw up regulations for the Boards in terms of what items they can consider. Attorney Roy suggested that if the Board agrees with that, it would be helpful to have a motion to that effect. The question of whether to narrow the scope of the other Boards' reviews was recommended against by both the other Boards. He stated that if the Board wanted to make a motion for disapproval of the ordinances as written and include an option that would narrow the circumstances under which either of the Boards would make recommendations together with more definition about the process that might be used for presenting information to the Boards, the Board should take a look at such an option. Vice -Chairperson Gavaldon withdrew his motion. Member Meyer withdrew her second. Vice -Chairperson Gavaldon moved for denial of the proposed ordinances as written and should a process or new draft come forward, staff will forward that on to the Board as other business. Planning and Zoning Board Minutes June 5, 2003 Page 10 Member Craig seconded the motion adding the wording as Attorney Roy stated it clarifying that she is against the ordinances as written but would not necessarily be against something new coming later. Chairperson Torgerson stated that he would not support the motion. Until he would be persuaded that there is a problem, he did not want to waste staff time The motion was approved 3-1 with Chairperson Torgerson voting in the negative. Other Business Director Gloss announced that City Council appointed Bridgette Schmidt to the Planning and Zoning Board. He stated that she was a member of the former Urban Growth Area Review Board and is president of Citizen Planners. Director Gloss stated that the Friday worksession may need to run until 3:30 given the full agenda. Vice -Chairperson Gavaldon stated that he may not be attending the meeting at all but would not be able to stay past 2:00. Member Craig asked what was on the agenda and if it could be rearranged to allow Vice -Chairperson Gavaldon to comment on the items about which he is concerned. Director Gloss replied that the Downtown Strategic Plan, the 1-25 Subarea Plan, an introduction on the scheduling for the North College Improvement Project, the Development Review Improvement Project, as well as other items would be on the agenda. Vice -Chairperson Gavaldon stated that he would like to see the Development Review and Downtown Strategic Plan items. Chairperson Torgerson stated that he would not be able to stay past 3:00. Director Gloss stated that the meeting could possibly be kept short. Chairperson Torgerson stated, on behalf of the Board, that he would like to welcome Bridgette Schmidt as a board member. There was no other business. Planning and Zoning Board Minutes June 5, 2003 Page 11 The meeting was adjourned at 7:45 p.m. Approved February 19, 2004