HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 08/22/1994PLANNING i ZONING BOARD
• MEETING MINUTES
August 22, 1994
Gerry Horak, Council Liaison
Ron Phillips, Staff Support Liaison
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The August 22, 1994, meeting of the Planning and Zoning Board was
called to order at 6:30 p.m. in the Council Chambers of City Hall
West, 300 Laporte Avenue, Fort Collins, Colorado. Roll call was
answered by: Chair Clements, and Members Bell, Carnes, Cottier,
Fontane, Strom, and Walker.
Staff Members Present: Eckman, Hamdan, Herzig, Olt, Phillips,
Shepard, Vosburg and Worden.
Mr. Phillips read the agenda review.
AGENDA REVIEW
Item 1. Minutes of the May 23, June 6 and June 27, July 11 and
July 25, 1994, P i Z Meetings.
Item 2. Harmony Market PUD, 7th Filing, Golden Corral -
Preliminary and Final, #54-87Y.
Item 3. Harmony Market PUD, 3rd Filing, Steele•s Expansion
Final, #54-87Z.
Item 4. Harmony Market PUD, 9th Filing - Final, #54-87Y.
Item S. Oakridge PUD, Cornerstore - Preliminary, #13-82BI.
Item 6. Upland PUD, Filing One (Upland's Prospect Business
Park, Block 2) - Preliminary, #3-84G.
Item 7. Bank One PUD - Preliminary and Final, #54-87W
Item 8. Hillcrest PUD - Final, #6-93B.
Item 9. Falcon Ridge PUD - Final, #2-94G. Pulled for
discussion.
Item 10. Resolution PZ94-11 Easement Vacation
Item 11, Modifications of Conditions of Final Approval.
Item 12. Small Project Development Review Fee Schedule, #62-93A.
Item 13. Platinum Auto Brokers PUD, Final, #36-94.
Item 14. Overland Trail Annexation and Zoning, #9-94,A.
Item 15. Country Club North Rezoning, #39-94.
Item 16, spring Creek Village PUD, Preliminary, #2-87N.
Item 17. Northbrook Patio Homes at Fairbrooke PUD, Final,#7-94B.
CONSENT AGENDA•
Member Strom moved that Item 12 be placed on the consent agenda
from the discussion agenda.
Member Cottier seconded the motion.
Motion carried 7-0.
Planning and Zoning Board Minutes
August 22, 1994
Page 2
Member Strom moved approval of Items 1-8 and 10-12.
Member Fontana seconded the motion.
Notion carried 7-0.
DISCUSSION AGENDA:
Item 9. Falcon Ridde,Final. #2-940
Mr. Steve Olt, Project Planner, read the staff report with
recommendations. Mr. Olt spoke of approval by the Board, June 6,
with two conditions specified at preliminary to be met before
final --access plan and sketch plans for elevations prior to final
PUD. These conditions have been met. There were two appeals of
the Planning and Zoning Board's decision that the City Council
upheld. There was a requirement that the developer provide a
plat and appropriate PUD documents signed by the property owners
of record, which has been met.
Lucia Liley spoke to the Board representing Sand Creek
Associates, developer of the project. She mentioned that Ed
Lawler and Pete Sherman, two principals, were present and
available to answer questions. She spoke of Mr. Power's earlier
filed appeal of ownership, which was denied by City Council. She
requested to speak after Mr. Powers was heard by the Board.
CITIZEN INPUT
Mr. Ed Powers - 2044 Terry Lake Ave. - Mr. Powers spoke of
ownership issues, specifically an index of the documents
submitted to the Board and ownership records. He gave a brief
presentation with a map illustrating the questioned property
ownership issues. He spoke of drainage issues and indicated they
were not near final. He requested the Board to either (1) deny
the plat or (2) modify the final plat with conditions he
submitted to the Board, (detention pond removal on the Falcon
Ridge Final Plan from the triangular area and all land owned by
the Larimer-Weld Reservoir and the County, with rights, and
consent of all property owners of the plat).
Bob Penny - Law Firm of Sommermeyer, Wick Dow and Campbell -
Mr. Penny represented the Larimer and Weld Reservoir Company. He
spoke of meetings with the Powers family and ownership of areas
and "chain of title." Neither the developer nor the title
company have a "chain of title" to show ownership. The Reservoir
Company opposes the development at this time because there are
volumes of water still running off from agricultural property.
Planning and Zoning Board Minutes
August 22, 1994
Page 3
He spoke of the retention and reservoir ponds in the area being
inadequate. He spoke of lack of signage on the plat, water run-
off, quality of water, monitoring overflows. He spoke of
willingness to work with developer for the "chain of title" and
requested a delay.
Carl Spaulding - 312 Spaulding Lane - He spoke of owning property
west of the development and appreciated the access road plans.
His main concern is that his property not become a play area and
requested "no trespassing" signs with a 6-foot high fence at the
rear of the homes.
Jerry Manning - 2106 Ford Lane - Mr. Manning spoke of the new
plans for 61 dwelling units and that the original plans called
for 60. He questioned if the LDGS requirement of 1% increase
would be met?
Jeannine Hammond - 505 Country Club Road - Ms. Hammond spoke of
unanswered questions at neighborhood meetings regarding:
density, emergency response with partial city and county
boundaries, maintenance of streets, types of homes, elevation
plans, air, and utilities (water pressure specifically). She
requested they be addressed.
Tim Carney - 2101 Sandstone Drive - Mr. Carney spoke of his
opposition to the project with regard to the inter -governmental
agreements (IGA) and their complexity. He was not opposed to
growth. The State Highway does not have pedestrian access,
Country Club Road is a collector with no sidewalk. He voiced
concerns about how children would get to school safely, and the
infra -structure issues. He spoke of a project near Anheuser-
Busch being developed and their access limitations, forcing use
of Country Club Lane. He requested the infra -structure be
reviewed and planned before development.
CITIZEN INPUT CLOSED.
Ms. Lucia Liley spoke of Mr. Powers comments --that they were the
same issues aired at the City Council appeal. She spoke of
ownership and title issues assuring Sand Creek as owner. She
submitted into the record a document dated July 11, 1994, from
which she read items A-D. She spoke of the City not functioning
as a court for these issues. Mr. Powers claim needs to be filed
through the courts. Poudre R-1 has set up buses for transpor-
tation of students to the Tavelli School.
Chair Clements spoke of land ownership issues. Mr. Eckman spoke
of a submittal requirement which is complete with the plat
containing a attorney's certificate. This states that the
Planning and Zoning Board Minutes
August 22, 1994
Page 4
persons signing the plat are the owners and proprietors, as
defined in the State Statutes. He verified that it was signed by
an attorney, Rick Zier. It is not appropriate for the City to
arbitrate the ownership of the property; however, he offered
services of dialog between parties to discuss and resolve
ownership issues. If they cannot be resolved, the proper form
would be to file in court. The City does not have authority to
make legal ownership decisions.
Chair Clements spoke of development agreement issues. Mr. Olt
read and clarified from a printed statement the standard
development agreements required of the City. Storm water and
water quality issues would be addressed by Basil Hamden.
Mr. Hamdan, Storm Water Department, spoke of preliminary plans
needing more information and that the new plans were submitted
one week ago. There are several concerns of downstream
conveyance, quality of the water, and conditions that have to be
met prior to approval of overall plans. He stated that there
will be two to three months of working time required and he
believed issues can be resolved.
Chair Clements spoke of "no trespassing" signs and responsibility
for posting as well as fencing. Mr. Olt said it would be the
right of Mr. Spaulding to post signs on his property or a
negotiation with the property owner. The six-foot fence could be
negotiated; it is not part of the final plan.
Chair Clements spoke of increase in dwelling units (from 60 to
61) for the project. Mr. Ed Lawler of Sand Creek addressed the
Board, stating the change occurred with the street and gas line
re -alignments. Mr. Olt spoke of the LDGS stipulations in Section
F5, page 93, for final plans and read the compliance issues. He
stated 1% is allowed for increase. Staff believes it does not
change the general character of the overall intent of the
development, setback or appearance of street frontage on Ford
Lane. A variance would be required with the motion by the Board.
Chair Clements spoke of Ford Lane and street improvements. Mr.
Olt indicated there would be curb, gutter and sidewalk on the new
development and the maintenance is a City -County issue. He also
said response for fire alarms will be covered by the Poudre-Fire
Authority. Mr. Phillips spoke of emergency issues being resolved
for police protection by both.City and County protection.
Chair Clements spoke of Spaulding Lane and its improvements. Mr.
Mike Herzig, engineer, said it is a city -county owned street,
with a special improvement district, complies to UGA standards,
and has a 32-foot street width.
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• August 22, 1994
Page 5
Chair Clements spoke of access to Tavelli School as the "crow
flies" distance and the standard of measurement for location
distance to schools. Mr. Olt said the standard will remain until
it is changed by Council. Mr. Eckman read the requirement by
City Council regarding LDGS requirements and stated that the
project plat be certified by an attorney in accordance with
Colorado Statutes.
Member Bell spoke of improvements on Country Club Road. Mr. Olt
said street, sidewalk, curb and gutter improvements will be made
on the project site along Highway 1.
Member Bell spoke of a functional plan.
Mr. Vosburg said improvements to Country Club Road will be tied
to development, there will be undeveloped parcels and a possible
special improvement plan.
Member Walker spoke of time required for these types of infra-
structure improvements to be made within the City and mentioned
several on -going projects.
. Member Walker moved to approve the Falcon Ridge Final, #2-94G,
with a variance for the additional dwelling unit in the project.
Member Strom seconded the motion.
Chair Clements summarized that there will be more time required
to meet standards before a building permit will be issued and
safeguards will be made for all concerns of this project.
Mr. Eckman suggested that the parties -in -interest work with Mr.
Herzig in the drafting of the development agreement, particularly
so that it addresses Mr. Penny's water quality and safety
concerns, as well as the other technical concerns. Mr. Eckman
also suggested that it might be possible to assist in helping to
alleviate concerns that Mr. Powers may have regarding whether he
must appeal the Board's decision (if is should approved the
Project) to the City Council in order to avoid an argument that
he failed to exhaust his administrative remedies as a
prerequisite to a court appeal. Mr. Eckman suggested a possible
solution would be to inquire of the applicant as to whether it
would be willing to waive its right to raise the "failure to
exhaust administrative remedies" argument in court as it relates
to the ownership question, so as to avoid a pointless appeal to
City Council. Ms. Liley agreed to the waiver as presented by Mr.
Eckman.
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Planning and Zoning Board Minutes
August 22, 1994
Page 6
Chair Clements encouraged Mr. Spaulding to work with the
applicant with respect to the "no trespassing" sign.
Member Cottier said the access change is an improvement and hoped
the developer does whatever he can to keep from making the open
space into a playground to the west.
Motion passed 7-0.
Chair Clements welcomed Member Gary Carnes to the Planning and
Zoning Board as replacement for Sharon Winfree, past member.
Item 13. Platinum Auto Brokers. PUD - Final, f36-94.
Mr. Ted Shepard read the staff report for this project. The
action of the Board requires two motions (1) requirements for the
variance and (2) PUD itself, as mentioned in the staff report.
Mr. Gary Farkas made a brief presentation showing the changes
requested of the Board at preliminary, landscaping and mentioned
that 3.5 customers visit the business per day. He spoke of
surrounding properties, flood code, lots with weeds and other
issues. He spoke of the location unique to north Fort Collins
and consideration requirements.
Dixie Johnson - 1241 Maple - She is owner of Mane Images 2 1/2
years. She met landscaping requirements of the City that has
enhanced her place of business. She supported the landscaping
requirements.
Karen Weitkunat - 1513 N. College - She is owner of Budget Host
Inn and a resident for 18 years, president of the North College
Business Association, and serves on the North College Corridor
Study Committee along with the North Access Control Plan. She
applauded new businesses and development in the north. She
supported positive image of the business and landscaping and
upheld City standards.
CITIZEN INPUT CLOSED.
Member Cottier spoke of landscaping being minimal, inadequate and
had concerns regarding the image for the entrance to north Fort
Collins. She requested a setback requirement for display
vehicles and was concerned about the number of vehicles parked
there and was against a raised car rack for vehicles.
Member Strom asked further questions regarding landscaping
requirements, amount of vehicles on the lot, landscaping,
entrances, depth and setbacks (8 to 12 feet), right-of-way, etc.
Planning and Zoning Board Minutes
• August 22, 1994
Page 7
He spoke of the importance resolving these issues.
Chair Clements asked about a rack display and Mr. Shepard said
that could be prohibited in the planning process.
Member Cottier commented that a variance would be granted on an
acceptable final. She believed that a variance should not be
granted until the landscaping is acceptable. She believed that
this is not a good planning example for future development to the
north.
1. Member Strom moved approval of Platinum Auto Broker
landscape plan with the stipulation to modify the
landscaping on the development plan, with shrub beds to be
increased to two planting beds (each 8 feet by 8 feet east
to west), a center island bed, landscaping timbers along all
islands, wheel -stops to prevent overhang of vehicles to the
beds (a reasonable plan to be approved by planning staff),
and restricting use of an elevated rack for display
purposes.
Member Fontane seconded the motion.
• Motion carried 6-1, with Cottier voting in the negative.
2. Member Strom moved approval of the variance for Platinum
Auto Brokers PUD, Final, with findings.
Member Fontane seconded the motion.
Motion carried 6-1, with Cottier voting in the negative.
3. Member Strom moved approval of Platinum Auto Brokers, PUD,
Final.
Member Fontane seconded the motion.
Motion carried 5-2, with Members Bell and Cottier voting in
the negative.
Item 14 Overland Trail Annexation and Soninc #9-94 A
Mr. Ken Waido presented the staff report with a change in the
zoning recommendation to RF Zone for the entire 282 acres. Mr.
Waido spoke of standard subdivision process (lot size of 2.29
acres) and cluster development plan, increasing overall units per
acre, allowing 282 units to be developed (not guaranteed --subject
to planning hearings).
Mr. John M. Spillane, Esq., Deutsch, Spillane & Reutzel, P.C.
7730 East Belleview Avenue, Suite 206, Englewood, CO 80111,
representing the developer Richland Homes. Frank Vaught the
• architect of Vaught -Frye Architects was present for questions.
He explained goals for the project of less density, larger lot
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August 22, 1994
Page 8
sizes, and protect the foothills. Mr. Spillane spoke of meeting
with the neighborhoods and with the County, receiving their
input, the RF Zone is selected to protect the stated goals. He
spoke of 1.5 units per acre as desirable both to the neighborhood
and the County government. The developer will dedicate 112 acres
voluntarily at no cost to the City, 262 acres into the RF zone
with the ability to develop 262 units, leaving 20 acres for
higher density with no more than 160 units to be developed,
netting an overall 422 units or 1.5 units per acre. He requested
approval of the annexation petition and zoning by the Board.
Mr. Frank Vaught, of Vaught -Frye Architects, gave a brief
presentation of the proposed area, stating in more detail the
development plan. He spoke of the 112 acres dedicated to the
City, 35 acres along the west and south sides of the site to
expand open space, and in addition another 25 acres for
recreational purposes and buffering, totalling 172 acres: 61
percent of the parcel. He spoke of traffic flow, density and
scenic quality of the site. He spoke of density to the existing
development to the south being 6- to 16-units to the acre.
CITIZEN PARTICIPATION
Kirk Fuller - 1202 Cascade Ct. - Mr. Fuller spoke of density
transfer of the full 282 acres with 112 acres of undevelopable
land believing this inappropriate.
John Barnett - Director of Planning for Larimer County - The
Board of County Commissioners recommends the City of Fort Collins
annex the property with a zone of Foothills Residential (RF),
encouraging clustering, with no development occurring above the
5,250 level and for the City to follow the UGA agreement.
Member Strom asked Mr. Barnett about the information regarding
the zoning split being available to the County Commissioners.
Mr. Barnett responded by stating the UGA would be exceeding in
density if there was split zoning (RLP/RF) which would require an
amendment to the UGA. Member Strom also asked about the 1.5 acre
maximum development. Mr. Barnett spoke of history of the
project.
Rick Bockman - 3036 Wells Fargo - Mr. Bockman spoke of density,
traffic concerns relative to the development, drainage, detention
ponds, development densities at Overland and Elizabeth.
Leon Heatherington - 4017 Spruce Drive - Mr. Heatherington spoke
of concerns the RLP zoning, not permitted by the Inter -
Governmental Agreement or by the Fort Collins Master Plan for the
foothills. He spoke of exclusive RF zoning for this area, except
Planning and Zoning Board Minutes
• August 22, 1994
Page 9
for amendments in the future. In August 1986 the City of Fort
Collins passed a resolution indicating they would like to see 1.5
units per acre in the Foothills Master Plan, the approved
September final resolution did not include the density. He spoke
of the IGA indicating a history from 1981 to 1988 man-hours of
work, many public hearings, cooperative joint City -County studies
addressing all concerns of planning. He recommended RF zoning
for this area. The City of Fort Collins must abide by its rules
and regulations.
John Kruchten - 1806 Virginia Dale Dr. - Mr. Kruchten spoke of
the property above the 5,250 line being dedicated as open space.
He believed this was mandatory to be kept as green space under
the IGA and will need to be maintained by the City or a
homeowner's association, and he also question the 35 acres
dedicated along the ridge line. He spoke of the cluster housing
not being allowed by the IGA and elimination of the RLP zoning.
Moby Wile - 765 Pine Road - Bellevue, CO - Mr. Wile is a county
resident. He spoke of supporting the IGA and favored the RF
zoning mentioning the hours of time put into the agreements and
the expectation of the County residents for these agreements to
• be honored in the future to preserve the foothills. He spoke of
excluding the area above the 5,250 foot level as part of the
formula to calculate density for the area.
Jim Davidson - 2278 Clydesdale Drive - Mr. Davidson, an
environmental geologist, spoke of his opposition to the RLP
zoning on the parcel and annexation which would lead to high
density development endangering wildlife habitat, foothill and
ridge line protection, traffic and air pollution problems, and
impacts of the view. He believed the RLP zoning violates the IGA
agreement.
Marci Landreth - 2819 Virginia Dale Dr. - Ms. Landreth presented
petitions to the Board of 619 signatures who are against the
rezoning of the Fort Collins Foothills Area. She spoke of in
favor of RF zoning and preservation of the foothills backdrop.
Glenn J. Weinhoft - 4025 Spruce Drive - Mr. Weinhoft spoke of the
need to honor contracts and agreements, the hours spent
developing the IGA and supporting the RF zoning.
Erma Maxwell Devers - 729 Rocky Road - Ms. Devers indicated that
her grandfather owned all the foothills since 1910, and that this
parcel was her father's. Her first concern was the preservation
of the foothills and the 60-year old rock house and garage in the
islower corner not be destroyed, believing it would be an ideal
park area for the development.
Planning and Zoning Board Minutes
August 22, 1994
Page 10
Bob Davidson - 1203 Cascade Ct. - He spoke of the aesthetic
qualities of the Fort Collins area, honoring the IGA, and opposed
to the proposed development, air quality, rural character,
opposed the densities, concerns of setting a precedence,
preservation of the foothills visibility and appearance.
John Smeltzer - 3015 W. Lake Street - Mr. Smeltzer spoke of
opposition the RLP but supported the annexation with the RF
designation. He spoke of insuring the quality that makes Fort
Collins what it is today.
David Lauer - County Resident - He spoke of his membership of the
Larimer County Affordable Housing Task Force. He spoke of the
obligation of the IGA with RF zoning. He spoke of encouraging
affordable housing and controlling leap -frog development.
CITIZEN INPUT CLOSED.
Vice Chair Cottier spoke of not discussing development issues
until there is a concrete proposal, there will be a time for
these concerns. The density issues and preservation of the stone
buildings will be discussed at a future time. She spoke of
density formula, transfer of density, 5,250 foot elevation area,
cluster development and asked Mr. Waido to address them.
Mr. Waido stated the annexation would allow a higher density to
occur in the City. He spoke of most of property in the Foothills
area is FA-1 (farming zone). He spoke of clustering option (1
unit per acre), was intentionally approved by City Council to
encourage the annexation of properties. He spoke of a specific
development with elevations above 5,250 feet to allow development
to proceed by transferring units in calculating densities. There
are several review criteria in the RF Zone the Board is required
to use when reviewing development plans.
Mr. Barnett, Larimer County, answered Member Walker's question
concerning the development options if this land were to remain in
the County. Mr. Barnett answered that landowners under Colorado
State Statues may develop 35 acres or larger, dividing into 8-
acre parcels would be allowed to be development without any
review of any local government. Mr. Barnett stated that County
interpretation if the City refused to annex the property, the
property could be developed through the County's development
review process, a septic system concept, with possibilities of
less density.
Member Fontane asked about provision of City sewer services. Mr.
Barnett said he assumed if the City chose not to annex the
property, the City would not provide sewer services; however, if
it is annexed, the services would follow.
Planning and Zoning Board Minutes
• August 22, 1994
Page 11
Member Walker spoke of the IGA and Foothills Master Plan and
asked for further clarification. Mr. Waido responded that in
1986 after review and public hearings, an amendment was made to
the Urban Growth Agreement which brought all private properties
west of Overland Trail into the UGA. During the process, it was
recognized this was a unique area and it may not be appropriate
to encourage the density to be the same as other density areas of
the UGA. The City chose to have a cluster development option of
one unit per acre with the RF, in conformance with the IGA, is
compatible. A one unit per acre designation is allowed through a
"special use" review, not a guaranteed density. In 1986, the RF
Zone went through several changes and modifications before
adoption.
Vice -Chair Cottier summarized that the RF Zone was adopted by
ordinance and supersedes the resolution that may have suggested
1.5 units per acre. Mr. Eckman confirmed her statement and said
that the residential density of the development within the area
to be added by this resolution should be "closely controlled" to
the extent legally permissible. He said the RF Zone, having been
adopted by ordinance, governs within the City limits as far as
zoning is concerned. Mr. Eckman read the purpose statement of
. the RF Zone which indicates low residential for the foothills.
Vice -Chair Cottier asked what process needs to be made to amend
the IGA? An application to both City and County Planning
Departments would need to be made simultaneously. The UGA is a
zoning district in the County, so the amendment process is a
zoning request, requiring public hearings in all governments and
governing boards.
Vice -Chair Cottier spoke of variance consideration, RF zoning and
avoidance of amending the IGA or UGA. Mr. Waido said the City
Code is specific allowing conditional zoning by the Charter, but
zoning conditions cannot place uses and densities that are not
allowed in the zone. A zoning condition could be placed on the
property, limiting potential densities. Densities changes are
possible through amendment to the RF Zone, allowing a PUD option.
There are ten criteria the Board uses to evaluate a "cluster"
with over 50 criteria in the PUD code. Mr. Eckman restated that
the RF Zone would have to be changed so that the density would be
different. It would not be a "variance" but an "amendment" to
the code.
Member Walker spoke of issues of City policies regarding this
unique area. He was in favor of the dedicated land above the
5,250 foot elevation and the RF Zone, and compliance to the IGA
. and UGA policies.
Planning and Zoning Board Minutes
August 22, 1994
Page 12
Member Walker moved to aaaex the Overland Trail property and zone
it RF.
Member Bell seconded the motion.
Vice -Chair Cottier stated this motion is a recommendation to City
Council and there will be two hearings before a zoning change is
made, and the applicant can request a different zone at that
time. Mr. Eckman confirmed the statement.
Member Strom inquired about the Stuart Annexation, splitting of
the RF and RLP zones. Mr. Waido said that all annexations are
reviewed on a case -by -case basis and mentioned specifics.. Mr.
Phillips clarified that the extension of Overland Trail south and
the anticipated alignment actually a separation line between the
RLP Zoning on the Stuart Property and the RF Zoning; Overland
Trail is also mentioned in the Foothills Study and the IGA as a
boundary between the Foothills Area and other areas, mentioning
the discrepancies on the map for interpretation. Mr. Phillips
clarified to the Board the location of specific areas surrounding
and including the proposed annexation.
Member Carnes spoke of the balanced views, histories and
possibilities given for this proposed project and appreciated the
clarifications.
Member Bell spoke of support of the motion.
Member Fontane spoke of RF Zone district and read from the staff
report concerning density, cluster development options, and rural
street standards. Mr. Waido explained the clustering concept and
other standards concerning the project. Member Fontane said she
would not be supporting the motion. Member Fontane also stated
that agreements and documents do change and this is a reasonable
proposal and believed densities could work.
Member Strom asked for clarification of Overland Trail as the
boundary line. Mr. Waido said the only area where it is not the
eastern boundary is the area south of Horsetooth Road and the
mid -section line is the boundary there (the western boundary of
the Springfield Subdivision.) There was discussion of Policy
1.1, page 5 of staff report, and Section 1 of the County Land Use
Plan, concerning density. Member Strom was satisfied with the
proposal of the applicant and said the agreement interpretation
was adequate. He spoke of a reasonable case for amending the
agreement and taking closer look at the area north of Overland
Trail in the Foothills Area.
Vice -Chair Cottier said she would support RF Zoning, because she
desired consistent interpretation of policy, stating it was
Planning and Zoning Board Minutes
August 22, 1994
Page 13
clearly defined in this annexation. Transportation concerns made
her decision change from RLP to RF Zone for lower density to
protect the Foothills.
Notion carried 5-1. Member Fontana voting in the negative and
Chair Clements abstaining for conflict of interest.
Item 15. Country Club North Rezoninc. #39-94,
Mr. Ken Waido presented the staff report and recommended RLP
zoning with the PUD condition.
Mr. Eldon Ward with Cityscape Urban Design and Jim Postal with
the James Company were present to answer questions of the Board.
Mr. Ward spoke of the rezoning request stating it has no
development proposal at this time.
CITIZE
Karl H. Swenson - 3404 Carte Almaden - Mr. Swenson stated he
represented the Serrmonte Highlands Property Owners Association.
He spoke of this location to the proposal and a petition for a
• moratorium in this region until there was planning for the future
of the area. The association desires a master plan and has
concerns for transportation and density issues. He submitted a
petition stating concerns.
Shirley Knox - 2505 N. County Road 11 - She spoke of her
location among three proposed developments. She asked if RLP
Zoning for the City is the lowest allowed? She was opposed to
commercial development in the area. She supported the previous
comments regarding a master plan for the area.
Mr. Waido addressed the issue of lack of planning and stated the
Northeast Area Transportation Study reviewed the Master Street
Plan for the area and re -designated streets, land use assumptions
made to serve as an overall development plan for the area and
suggested a copy be procured from the Transportation Department.
Chair Clements spoke of the Board not having the authority to
designate a moratorium. Concerns of this nature need to be
addressed to City Council and suggested that their Council Member
for their District be contacted.
Mr. Waido spoke of PUD process allowing commercial areas within a
development and other zoning issues concerning densities and the
UGA plan.
Planning and Zoning Board Minutes
August 22, 1994
Page 14
Member Strom moved approval of the Country Club North Rezoning,
#39-94 with RIP and with the PUD condition.
Member Pontane seconded the motion
Motion carried 7-0.
Meeting adjourned 11:00 p.m. with items 16 and 17 postponed to
August 29, 1994.