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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 03/05/1998• CRtY,1OF FORTCOLLINS k ., PLANNINGmAND2ANINGBOAFM d IVleettn rates "?�illarch { R 5 Gwen Bell, Chair Glen Colton, Vice Chair Staff Liaison: Georgiana Deines City Council Liaison: Mike Byrne Members present: Gwen Bell, Alex Chapman, Glen Colton, Sally Craig, Jerry Gavaldon, and Karen Weitkunat. Member Davidson was absent. Agenda Review: Director of Current Planning Bob Blanchard reviewed the Consent and Discussion Agendas: 1. Minutes of the February 24, March 10, and April 14, 1997 Planning and Zoning Board Hearings. (Continued) 2. #49-95A Harmony Ridge PUD, Phase 1 - Final (Continued) 3. #37-97 RDC Annexation and Zoning. 4. #3-98 The Visitors Center at the Environmental Learning • Center - Annexation and Zoning. Discussion Agenda: 5. #55-95M 1640 Riverside Avenue Rezoning 6. #55-961 Worthington Farm Rezoning - (Continued to April 16) 7. #15-98 Recommendation to City Council Regarding Fossil Creek Area Plan. 8. #16-98 Recommendation to City Council Regarding the Intergovernmental Agreement. Ken Waido, Chief Planner presented information regarding the Worthington Farm Rezoning. He stated the property owner requested this item be tabled due to seasonal farming obligations by the owner. Staff recommended the item be tabled but commented that the request to table was given in too short a period of time to adequately notify the neighborhood contention. He stated that the neighborhood prepared an in-depth list of comments and concerns. Mr. Waido suggested the comments be solicited from the neighborhood and then the item be tabled. Dale Rushneck, the neighborhood representative, suggested that information and concerns from the neighborhood be delayed until the April 16 meeting. Moved by Mr. Colton, seconded by Mr. Gavaldon: To approve Items 3 and . 4 on the Consent Agenda. Motion passed unanimously. Planning and Zoning Board Meeting of March 5, 1999 Page 2 Moved by Mr. Colton, seconded by Mr. Gavaldon: To delay approval of the minutes until the Board has read them. Motion passed unanimously. Moved by Mr. Colton, seconded by Mr. Gavaldon: To continue Item 6 until April 16, 1998. Motion passed unanimously. 1640 Riverside Avenue Rezoning, #55-95M: Ken Waido, Chief Planner spoke of the concerns expressed by property owners. He recounted to the Board the City Plan process and rezoning standards. He informed the Board that Staff recommended against putting retail establishments back into the I Zoning and recommended against reintroducing the general industrial zoning back into the Land Use Code. He enumerated the uses for the I Zone. Tom Smith, property owner, gave his views as to what types of retail store options would be available to the neighborhood. He recommended that the neighborhood be able to retain retail usage. He feels the I Zoning is limiting. The Board explored other avenues through the Code available to future retail establishments. Moved by Mr. Chapman, seconded by Ms. Weitkunat: To recommend denial of requested IG, general industrial zoning district, and denial of any additional retail uses to the industrial zone. Motion approved unanimously. Recommendation to City Council Regarding Fossil Creek Area Plan, #15- 98: Materials were distributed to the Board, including a matrix, a letter from the Kechters (the landowners) and a memo consisting of information regarding the project. Joe Frank, Director of Advanced Planning gave a brief presentation regarding (1) adoption of the Fossil Creek area plan; (2) the implementation including the amendment to expand the boundary, amendments to the Intergovernmental Agreement which include development standards; and (3) certain Intergovernmental Agreements regarding annexation and city's large retail establishment standards in the urban growth area. He also expressed that there have been changes to the City Structure Plan, changes to the Master Street Plan and changes to principles and policies dealing with annexation. Planning and Zoning A • Meeting of March 5, 1999 Page 3 Doug Hansen, spokesperson for his parents who live at 6029 S. County Road 11, commented on several issues. He first identified that there may need to be a longer period for public comment. He noted that the City Plan showed a neighborhood commercial center which was not on recent maps representing the Fossil Creek area. Mr. Hansen asked the Board to accept the recommendation by the Planning Staff. Mr. Chapman commended Staff on a job well done. He expressed a concern regarding the terminology used in both the Code and the City Plan were not always consistent. He would like to see consistent wording applied in the future. Mr. Colton presented a letter from the Natural Resources Advisory Board. The following issues were addressed: (1) Resource protection south of the reservoir. Staff confirmed that No. 20 would implement that recommendation. (2) Resource management plan schedule. Staff responded that the County is primarily responsible for the schedule. Mr. Colton made a recommendation that the project be done within six months. Ms. Bell asked for a show of hands on the recommendation made by Mr. Colton. The Board was unanimous in that recommendation. (3) Sewer line. Staff advised that the Board needs to be aware of the plan but that the points in the letter was too specific. The Board agreed and recognized the careful review by the County. Ms. Craig recommended that County residents should be given a chance to speak on the issue and would like to see the recommendations of staff implemented. Mr. Chapman supported the mixed -use neighborhood concept. Ms. Weitkunat supported Mr. Chapman's remarks. She recommended that the Board follow the property owner's directions and Staffs recommendations. Mr. Gavaldon questioned why the changes were made in the first place. Staff explained the situation. Mainly because the property owners did not make their wishes known to Staff. 0 Planning and Zoning Board Meeting of March 5, 1999 Page 4 Joe Frank, Director of Advance Planning Department, would like to have the Staff provide input and bring changes back in the form of an amendment to the plan. Mr. Chapman gave his perspective as to the project regarding the City Plan and the Structure Plan. The Chairman summarized the comments of the Board by saying that she felt the Board was supportive of the staff recommendations and that it would be a good idea to make a concerted effort to notify people. Staff gave a brief synopsis of the Kechter Farm project. The requested land use change was to add estate residential and extend the minimum average of three units per acre. It was recommended to extend a little less than an eighth of a mile while still trying to maintain the transition of density. Ms. Bell felt the Board would be supportive of that action. Mr. Colton expressed strong sentiments for keeping the quarter mile buffer. Mr. Chapman felt there should be a buffer area but it should be based on what is necessary in each particular riparian area. Mr. Gavaldon stated he felt flexibility was important. Ms. Weitkunat gave her opinion about the spirit of the idea of preserving the wetlands and the quarter mile buffer. She also felt there needed to be flexibility but she felt the main idea was to follow the quarter line as best as possible. Greg Byrne, Director of CPES explained that the quarter mile standard triggers the requirement for a study of the property. The regulatory setbacks and requirements applied to the development would be based upon the information that is site -speck and done by independent scientific analysis. Karen Manci, Natural Resources Department explained that it is not so much that the quarter mile of land is so valuable to wildlife but that some of this land is agricultural land and provides good habitat for species around the reservoir and a food base for eagles. It also gives a wide movement corridor for wildlife. Mr. Colton again expressed his support of the quarter mile buffer. He requested a show of hands from the Board in support of the project. Planning and Zoning A • Meeting of March 5, 1999 Page 5 0 Ms. Bell gave her perspective and expressed strong support for the buffer. Mr. Gavaldon was concerned about the fact that if there's a shift in the quarter mile in favor of the Kechter family, he would not be in support of the quarter mile. But if the quarter mile was to be kept intact, he would favor it. Ms. Craig agreed with Mr. Colton. She would like to see the Board send a strong message to City Council requesting this area be protected to a quarter mile. Mr. Chapman and Ms. Weitkunat both expressed that they would like to see some scientific evidence produced to decide which parts of the quarter mile are primary habitat. Some quarter miles could be diminished while other quarter miles could be enhanced for habitat. Staff expressed the fact that the Board was probably on the same wavelength. It was recommended that the Board write a letter expressing their strong feelings and concerns regarding the various issues presented. A concern raised by Mr. Colton regarded the area north of County Rd. 36 and the area west of Timberline which are to be immediately rezoned. He expressed concern that the County and the Board were not on the same page. He suggested tabling the issue until the TDU program was in place. Mr. Chapman explained his interpretation of the TDU program. He felt taking in the two parcels would not wreck the program and would not hurt it if they were left out. Mr. Gavaldon wanted more discussion on Item 6. He asked if other landowners would have an opportunity to mitigate in order to be closer to the lake. Staff said they would be allowed FA1 uses which is one unit per acre. It was explained that the land use change is not related to the quarter mile buffer. Moving it down to an eighth of a mile helps the city, maintains the transition of mixed -use neighborhood estate and aids the TDU system. Craig cleared up a perceived misperception. He stated the Resource Management Area does not reduce current density or property rights but suggests owners should not build next to the shoreline. He stated there needed be a variety of things done to regulate development. They are: cluster development, reasonable distance from the reservoir, outright purchase of property and the stated Resource Management Area plan. 0 Planning and Zoning Board Meeting of March 5, 1999 Page 6 Ms. Weitkunat felt the effort made by the City and County had been phenomenal. She reminded the Board that four years of work was put into this particular project. She felt the document was very reasonable and was important to the City. She strongly supported the plan. Moved by Ms. Weitkunat, seconded by Mr. Colton: To recommend the Fossil Creek Reservoir Area Plan with the amendments pertaining to the IGA and the amendments to the City Structure Plan and the Master Street Plan. Ms. Craig thanked the staff for their hard work and expressed her appreciation for working with the County. She felt that the Board needed to be reminded of the impact the added development will have on the student population. She hoped this development would be positive for the neighborhood. Mr. Chapman agreed with the remarks made by Ms. Craig and added his appreciation to the elected officials who helped make the project possible. Mr. Gavaldon supported the motion but cautioned the Board that the plan is not black and white. He talked again about how he wanted this plan to be flexible. He also gave Staff his thanks. Motion approved unanimously. Recommendation to City Council Regarding The Intergovernmental Agreement: Mr. Frank reviewed the Principles and Policy provision. Ms. Bell asked if they had eliminated multiple entrances. Staff acknowledged that the multiple entrance provision was taken out. Ms. Bell then stated her disagreement as to taking out the provision and asked that it be put back in. Mr. Colton agreed with Ms. Bell's statement. Staff explained the requirement for taking out the multiple entries was because the store owners preferred single entries for security reasons. More discussion was had between the Board and Staff as to City standards and the matter of annexation. Recommended Changes March 5, 1998 Page 2 6. Amend the Land Use Framework Plan map in regards to the Kechter Family property by redesignating the most northerly 1/8 mile portion of their property currently designated as Estate Residential to Mixed -Use Neighborhood (3 du/ac). 7. Support the property owners (Doug Hansen) request to place the Neighborhood Commercial Center and Medium Density Mixed -Use Neighborhood on the Land Use Framework Plan map and maintain these designations on the City Structure Plan. However, the City and County should table the change to the Fossil Creek Area Reservoir Plan, make no change the City Structure Plan, and proceed with the adoption of the rest of the Plan without a final decision on this particular issue, until additional opportunity for public notification of this change is provided. This request should be brought back as quickly as possible to the City and County for approval as an amendment to the Plan. 8. Add descriptive text to the Plan in regard to the purpose and intent of the mix of densities in the Study Area and describe how compatibility between higher and lower density residential projects will be addressed. 9. Amend the Plan and IGA in regards to the Transfer of Development Units Program as follows: • Add to Section 2.1 of the Plan document, Development Concepts Overview, page 6, an additional objective in regard to the Plan providing for a transfer of development units program.. • Add new descriptive text to the Plan describing the general format for a TDU program in the Fossil Creek Reservoir area. • Add new text which generally describes the Sending and Receiving areas to page 13 of the Plan document under Special Area Designations. • Reword item 7 on page 34 of the Plan document and replace it with more descriptive text. • Delete Table 6.1 of the Plan document, page 35. • Delete the Transfer of Development Units Map from the Plan document and instead show Receiving and Sending Areas only within the confines of the Fossil Creek Reservoir planning area. Sending Areas outside the Fossil Creek Reservoir planning area will be adopted and mapped separately as part of the TDU regulation. • Change Appendix C, page 57 of the Plan document TDU program and overlay zoning district to a 6 month time line. Recommended Changes March 5, 1998 Page 3 Amend the TDU Sending/Receiving Areas map to include the properties on the northwest comer of CR32 and I-25. Amend the IGA to allow annexation in the receiving area (south of CR36 and east of Timberline Road) only if the County requests it. This wording should be a "place holder" until more detailed discussions between the City and County occur in regard to the developing TDU program. Fossil Creek Reservoir Area Plan - Transportation 10. Add clarifying language to the Land Use Framework Plan Map, Transportation Plan map and Plan in regard to the location of recommended local, collector and connector streets being "conceptual" 11. Add some additional potential street connections through the property south of Preston JHS. 12. Amend the Transportation Plan map to include a Feeder Transit route along Timberline Road and Trilby Road as shown on the City Structure Plan.. Is 13. Amend the Transportation Plan and Land Use Framework Plan maps realigning the local street along the south portion of Homestead Estates at least one or two lot widths to the south, and realigning the north/south local street to connect into the eastern most, vacant parcel of Homestead Estates. 14. Amend the Transportation Plan and Land Use Framework Plan map realigning the frontage road located at the northwest corner of CR32 and I-25, further to the west. Fossil Creek Reservoir Area Plan - Resource Mana¢ement Area/Natural Areas and Features 15. Add clarifying text to the Plan and the IGA in regards to the measurement of the 1/4 mile boundary line the Resource Management Plan Area from the property line of the Poudre Irrigation Company (which is approximately 50 feet above the high water line of the reservoir). 16. Change the color of the Resource Management Area from green to non -green on the Implementation Plan map. Add clarifying language to Chapters 2 and 4 of the Plan in regards to: • The objective is to maintain a continuous, average I/4 open land buffer, with no new development around the Reservoir. • That regulation alone will not keep the area "open." A combination of tools will need to • be used. • Ken & ) oAn Kechter rzo Princeton Fort COMT15, CO 80s2s March 04, 1998 To: Members of the Board of County Commissioners Mayor Azari and Members of City Council Larimer County Planning Commission Fort Collins Planning and Zoning Board From: Ken Kechter, for the Kechter Family Re: Clarification of our March 02, 1998 request for a change in the land use framework plan to redesignate the zoning of a portion of our 300 acre farm in the Fossil Creek Reservoir area. Our request was to change the portion of our overlay zone designated as 40 Estate Residential to Low Density Mixed Use Neighborhood. The request would be for the land directly east of similarly zoned land and south of the proposed Transit Route, consisting of approximately sixty (60) acres. The reasons for the request are as follows: • To integrate better the over all look, feel, density and use on the land. • To continue a development pattern established in the proposed plan. • To be more in conformance with the adjacent properties - the minimum planned density for the properties east and west of our land are 2.16 DU/AC and 1.50 DU/AC respectively while the proposed density on our land is less than one (1) DU/AC. • To better utilize the projected Transit Route and Collector Street System. • To better utilize the proposed infrastructure. We feel that while this is not a substantial change to the plan, it is clearly within acceptable standards, has no substantial negative impact on adjacent land uses, is adequately serviced with utility and transportation systems, and brings the development into closer conformance with adjacent properties, the principals of the Fossil Creek Reservoir Area Plan, PLUS and the City Plan. 0 We, and others expressed many objections to the plan, including TDU Implementation, that relate to the development of our land. We would request that additional time be granted prior to adoption of the plan to incorporate changes that would respond to our concerns. We appreciate your listening to us and hope you will look favorably upon our working with staff to integrate these changes to your plan. cc: Steve and Cindy Jacoby Jim and Karen Stoll Ron Kechter Hannah Schoeler 0 0 00 �cr k §\{e \ EEE( � \ }\ \( ( � ! ■`° 7 \� E § \cr / e . / ( ° §|§) § -■�_ ■E ° %� ( k (� / /¥\{ / CA e ;E�� � Cornwity Planning and Environmenoervices Natural Resources Department MEMORANDUM DATE: March 5, 1998 TO: Planning and Zoning Board Mayor and Councilmembers FROM: Phil Friedman, Vice -Chair Natural Resources Advisory Board RE: Fossil Creek Reservoir Area Plan The Natural Resources Advisory Board has been involved in the ongoing discussions of the Fossil Creek Reservoir Area Plan which will be considered for formal adoption in the near future by the Planning and Zoning Board, the City Council, and your counterparts within Larimer County. At our meeting last night, we continued that discussion and unanimously agreed to forward to you three additional recommendations. We urge you to include our recommendations in your approval of the plan and to forward the recommendations to Larimer County. • Resource Protection South of the Reservoir. The adoption package before you does not include any standards or regulations that would provide any level of resource protection for the areas south of Fossil Creek Reservoir. Instead, this area will be looked at as part of a joint Community Planning Area. We feel that this approach risks the loss of critical environmental resources in the southern area and that this risk is unacceptable. We urge Planning and Zoning and City Council to recommend to Larimer County that an Overlay Zone be created for the southern area that will implement the Natural Areas and Features Standards and the Resource Management Area Regulations that are to be implemented for the area north of the reservoir. Resource Management Plan Schedule. Currently, the plan calls for completion of a comprehensive Resource Management Plan within a one-year time frame. Because this is such a critical part of the long-term vision of resource protection, we feel very strongly this schedule must be accelerated and completed as quickly as possible. We believe a six month time frame should be more than adequate if the project is made a priority by both governments. • Sewerline. We understand that the urban level development north of the reservoir will require an extension of a sewer line from the South Fort Collins Sanitation District Plant on the south shore of Fossil Creek Reservoir. This extension will require crossing of wetland areas. We strongly urge Larimer County and Fort Collins to take the necessary steps to ensure that preliminary plans for the sewer line are carefully reviewed by staff and advisory boards (including ours) and that all steps be taken to avoid or minimize the effect of this sewerline construction. If possible, the sewerline should be located to avoid the wetlands. If this is not feasible, the line should minimize wetland disturbance, be constructed at appropriate seasons to avoid wildlife disturbance, and adequate restoration must be ensured. 281 N. College Ave. • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6600 • FAX (970) 224-6177 Planning and Zoning Board • Meeting of March 5, 1999 Page 7 • Moved by Ms. Weitkunat, seconded by Mr. Chapman: To recommend to City Council the amendments to the IGA and the Principle and Policy changes to the City Plan. Mr. Colton supported the motion with the caveat that the Board look into the up - zoning situation when the land is annexed so that the different philosophies expressed by the City and County are taken into consideration. The Chairman asked Staff if the Board could ask questions regarding the IGA in the future. Staff stated a 12-month work program has been put into place whereby the Board could overview the plan and ask questions. Mr. Colton stated that he felt the project was well done and thought it would add to the area. He thanked Mr. Gavaldon for his concerns on the traffic and that they were well -noted. Motion passed unanimously. There was no other business. • The meeting adjourned at 9:00 p.m. 0 Comlenity Planning and Environmenwervices Advance Planning Department City of Fort Collins March 5, 1998 TO: Planning and Zoning Board FROM: Joe Frank, Advance Planning Directo RE: Summary of Recommended Chang�s to the Fossil Creek Reservoir Area Plan and Amendments to the Intergovernmental Agreement This evening, the Planning and Zoning Board is being asked to make a recommendation to the City Council on the adoption of the Fossil Creek Reservoir Area Plan and amendments to the Intergovernmental Agreement. As you know, over the past few months the City and County staff have received many comments on the Plan. Each of the comments was recorded in a "listening log." The staff response to some of the comments included recommended changes to the draft documents. The following is a summary of those recommended changes. The staff would recommend that your recommendation on the documents include these changes. Fossil Creek Reservoir Plan and Implementation - Land Use 1. Appendix I of the IGA should be amended to include the range of .5 - 2 dwellings per acre in the Estate Residential Area. 2. Chapter 4 of the Plan and Appendix I of the IGA should be amended to require that development plans in the Resource Management Area cluster their dwelling units on 20% of the land with the residual parcel designated as permanent open space. 3. Change the label on the Environmental Assessment map from "Severe Geological Limitation on Development" to "Geological Report Required." Add descriptive text to Chapter 4 of the Plan in regard to the purpose and intent of the Report. 4. Change the label on the Land Use Framework Plan map from "Master Plan Required" to "Unified Development Plan Needed." Add additional text to Chapter 6 of the Plan, clarifying the purpose and intent of the "Unified Development Plan." 5. Amend the Land Use Framework Plan map to change the parcel located on the northwest corner of Trilby Road and Timberline Road from Estate Residential to Mixed Use Neighborhood . (3 dulac). 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6376 FAX (970) 224-6111 • TDD (970) 224-6002 Recommended Changes March 5, 1998 Page 4 A description of the land uses that would be permitted in the Resource Management Area. 17. Amend the Land Use Framework Plan map and City Structure Plan to include a "green corridor" along the streambed/drainageway which crosses County Road 36. New text should be added to Chapter 4 of the Plan which describes the green corridor. 18. Update all maps to accurately show the size and shape of water bodies, specifically, the land bridge in the Fossil Creek Reservoir. 19. Add descriptive text to Chapter 6 of the Plan in regards to the purpose, intent and process of establishing the Cooperative Planning Area. 20. City and County staff should begin immediately to prepare an "overlay zone" for the area surrounding the Reservoir located outside the proposed urban growth area, and apply the Resource Management Area requirements and the Natural Areas and Features standards to this overlay zone. 21. Add descriptive text to Chapters 3 and/or 4 of the Plan in regard to the reasoning for the alignment of the bikeway trail located between Trilby Road and CR32. 22. Amend the Land Use Framework Plan map and Transportation Plan map realigning the bikeway trail further away from the east edge of the Reservoir and spillway.