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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 07/27/1987PLANNING AND ZONING BOARD MINUTES July 27, 1987 The regular meeting of the Planning and Zoning Board was called to order at 6:31 p.m. in the Council Chambers, 300 Laporte Avenue, Fort Collins, Colo- rado. Board members present included Dave Edwards, Sandy Kern, Laurie O'Dell, Bernie Strom, Sharon Brown, Linda Lang, Alternate Klataske, and Chairman Don Crews. Staff members present included Tom Peterson, Joe Frank, Debbie DeBesche, Ted Shepard, Rick Ensdorff, Mike Herzig, Jim Newell, Kari VanMeter and Renee Joseph. Legal representative was Steve Roy. Chairman Crews started the meeting by announcing Kari VanMeter as the new planner. He indicated Dave Edwards had been reappointed for a four year term. He stated Bernie Strom, who was last years alternate, had been appointed to a four year term. He introduced Jim Klataske as the new alternate. Tom Peterson gave the Consent Agenda which consisted of: Item 1, Minutes of the June 22, 1987 and the July 13, 1987 meeting; Item 2, #9-82T Fairway II, . 1st Replat at Southridge Greens PUB, Amended - Preliminary; Item 3, #5-84C Prospect/Overland PUB - Amendment to Lots 1 b 3 - Preliminary and Final; Item 4, #32-87 Shoreline PUB - Preliminary and Final; Item 5, #53-85E Centre for Advanced Technology PUD, 3rd Filing - Preliminary and Final; Item 6 #65-82P Charleston at Fairbrooke PUB - Final; Item 7, #76-810 Pine - view PUB Phase I, Tract C -One Year Extension Request of Preliminary Approval; Item 8, #14-87,A Jewett Annexation and Zoning; Item 9, #29-86A,B Overland Hills Annexation and Zoning; Item 10, #38-83B Retirement Life- styles International - Rezoning; and Item 11, #45-87 Spaulding Lane Ven- tures Special Review - County Referral. Member Brown asked for clarification on Item 4, Shoreline PUB - Preliminary and Final. She stated the Board had received a memo referring to an addi- tional condition to the Preliminary. She inquired if the Board was voting on the Preliminary or Final. Joe Frank stated the Board would be reviewing the preliminary only. Item 4, Shoreline PUB - Preliminary and Final and Item 8, Jewett Annexation and Zoning were pulled from the Consent Agenda and placed on the Discussion Agenda. Member Kern pointed out an error in the June 22, 1987 minutes included on page 12. A quote by Lloyd Walker stated, "the project was too intensive use and he wanted to see litigation," should have been mitigation. • iaiuiiiiy onu Luniny oudru.,•irnuLe�) July 27, 1987 Page 2 Member Edwards moved to approve 1, 2, 3, 5, 6, 7, 9, 10, and 11 on the Consent Agenda. Member Kern seconded. Motion passed 7-0. SHORELINE PUD - PRELIMINARY AND FINAL Member Edwards noted a perceived conflict of interest on this item and abstained from the vote. Ted Shepard gave staff description of the project. He commented there were five conditions attached to the preliminary approval and a sixth condition was added today, July 27, 1986. A separate memo was distributed to the Board members. He stated the sixth condition was discussed with the applicant and he is in full agreement with the condition. He added every- thing else in the memo is accurate and up-to-date. John Dengler stated he is the land planning consultant for the project. He states that the piece of property has a current plan that was approved for 28 townhome units of the same nature as the ones across the street at Harmony Cove. He stated the developer is planning to work around the existing utilities that were placed on the property and constructing a small single family subdivision of 12 units. He commented he has been working closely with the Natural Resources Department in order to save what natural features are existing in the area. He stated Gary Blue had a meet- ing with Bert Vermeulen and discussed some issues regarding the project. Bert Vermeulen stated he has several concerns: (1) the flaw in the drawing of the property showing an inlet that does not exist, (2) Lot #5; place a restriction that the house can only be one story, (3) the ditch currently in upper area of the drawing; build up of silt if a tube is put in, (4) the russian olive tree be protected on the lot by his property. John Dengler commented to Mr. Vermeulen's concerns. (1) He agreed the drawing was incorrect. He stated the drawing was completed before the survey was finished in that area. He stated the drawing will remain the same outside of the property. (2) He stated he had spoken to Gary Blue about the one story house and they are in agreement with the condition affecting Lot #5. (3) He commented the final landscape plan would reflect a reuse on the site for the russian olive trees. He stated the tree may not stay in its same location because of the ditch. (4) He stated Gary and himself had further discussed the issue of the ditch and concluded it would be best for the project not to have an active above ground ditch run- ning through the back yard of Lot #5. He stated the pipe would be kept as is on the plan. Chairman Crews inquired if the pipe could be put in with sufficient slope to alleviate the silt problem. John Dengler stated at this time there is no reason to believe there will not be proper drainage. He commented it will show up on final engineering plans to confirm this. Planning and Zoning B4d Minutes July 27, 1987 Page 3 U • Ted Shepard stated staff is willing to go along with the condition that Lot #5 be restricted to a one story home. He commented another condition could be added stating an accurate survey of the drawing be required at final. He stated Storm Drainage prefers to have the ditch piped. Bert Vermeulen stated there is a contradiction regarding the ditch. He stated the pipe is currently running further than shown on the drawing; more of a straight course. He wanted to make sure that issue is addressed. He stated he preferred running the ditch in the same direction as it is now. He inquired if a restriction could be put in regarding changing the location of the drainage ditch. Ted Shepard stated the ditch is in a platted easement approximately 25 feet wide. He commented the ditch has to stay within that easement. He informed there is no way to move this drainage facility except within the existing easement. Chairman Crews inquired if there is an existing easement. Ted Shepard stated there is, 25 feet wide. It is located behind building envelope #5. Bert Vermeulen inquired where the easement continues after Lot #5. Ted Shepard commented looking at the building envelope for Lot #5, the • envelope is skewed reflecting the 25 foot easement. He stated the easement is straight. He indicated staff is in agreement to add condition #9 regarding the relocation of the russian olive tree if necessary. Member O'Dell indicated she was concerned about the russian olive tree along with Bert Vermeulen. He stated if the tree is included in the buil- ding envelope for Lot #5 the lot is getting rather small. Member Brown inquired if there would be a problem with the russian olive being in the drainage ditch since another pipe would be constructed. Ted Shepard stated the tree would be relocated where it would not interfere with the drainage. Member Strom moved to approve Shoreline PUD - Preliminary with the five conditions included in the agenda, the sixth condition as stated in the memo, the seventh condition that Lot #5 be restricted to a one story home, the eight condition that an accurate survey of the Shoreline be included with the final, and the ninth condition that the russian olive tree be reused on the site. Member Kern seconded and stated it may be difficult for all these conditions to come true by looking at the map. Motion passed 7-0. JEWETT ANNEXATION AND ZONING • Tom Peterson gave staff description of the project. rlanning and Loning Hoard ''nutes July 27, 1987 Page 4 Mr. Jewett stated originally the City indicated in three years he would not automatically be forced into the City. He inquired why he was being forced now. Tom Peterson commented it is the policy of the City for enclave areas that are eligible for involuntary annexation to be annexed as soon as they become eligible. In this case the City waited an additional six months to see how the Richards Lake Development worked out before processing the pap- erwork for the annexation. He indicated the policy has been in effect for a number of years. Mr. Jewett inquired if the policy was a State law. Tom Peterson indicated there is a State law that does govern this type of annexation. Mr. Jewett commented the Richards Lake Development is dead now. Tom Peterson indicated he could not speak to that because he was not sure what was going on at this point with the Richards Lake Development. Mr. Jewett inquired if police protection would be provided for the area. Tom Peterson indicated this is correct. Mr. Jewett stated that police protection has not been provided in the past three years since Hoffman has been in the area. Tom Peterson stated he could not speak to that issue. He commented once Mr. Jewett's propery becomes a part of the City he would be eligible for police protection. He stated he was not aware of any incidents on the Hoffman's property that involved the police. Mr. Jewett commented there had been no incidents but they are still entitled to police protection. He inquired if the police should be patrol- ling the area around Hoffman's property. Tom Peterson stated police protection is provided to that area of town. Mr. Jewett commented there has not been a patrol car out in the area for three years now. He stated he was concerned about the dogs getting in with his sheep and what the City would do about it. He indicated the City Attorney had informed him he could not legally shoot the dogs on his prop- erty that were bothering or killing the sheep. Tom Peterson stated the City has an animal protection ordinance that enables anyone to report these animals to the Humane Society and they will come out and remove the dogs. Mr. Jewett indicated he called the Humane Society last year and he finally had to go to court to get the money out of the man whose dog killed his sheep. He stated the City is forcing him to hire an attorney every time something happens. Planning and Zoning d Minutes • July 27, 1987 Page 5 Chairman Crews asked for legal help from Steve Roy. Mr. Roy stated he was not sure how to help out. Mr. Jewett said the City told him he could go ahead and shoot the dogs and take the chance of being prosecuted for shooting a gun within the City lim- its. Mr. Roy stated it is illegal to discharge a weapon within the City limits. He indicated he wanted to check to see if there were some provision that stated with the permission of the Chief of Police a gun could be discharged under certain circumstances. He commented he could not answer for the con- tention that there has been a lack of enforcement by the police department. Mr. Jewett stated the police go to Richards Lake Road and turn around or they do not come up Highway 1 because it is not in their jurisdiction. He indicated he would like to put a stipulation in that if Richards Lake Development or anyone else buys the Hoffman's place they would also buy his property. He stated if the stipulation could not be included he would be forced into the annexation in its present form. Member Brown stated the police do not patrol her neighborhood unless a com- plaint has been reported. She inquired if Mr. Jewett was requesting for regular patrolling of the area. • Mr. Jewett indicated he was requesting regular patrol. Chairman Crews indicated the Board is recommending to City Council and the Board can not answer most of the questions Mr. Jewett asked. He stated the Board would act on the project and Mr. Jewett could ask City Council the same questions that had been brought up. Tom Peterson stated it would go to City Council on September 15, 1987. Mr. Jewett stated if the City would be willing to buy the property he would be willing to leave. Member Lang moved to recommend the Jewett Annexation and Zoning to City Council. Member O'Dell seconded. Motion passed 7-0. FOOTHILLS MALL EXPANSION PUD, PHASE 1 (MERVYN'S) - FINAL FOOTHILLS FASHION MALL EXPANSION PUD PHASE 2 (MAY D & F) - FINAL FOOTHILLS EAST AMENDMENT - PRELIMINARY FOOTHILLS EAST, PHASE 1 - FINAL (Combined discussion, separate motions) Member Edwards noted a perceived conflict of interest on item 12, Foothills • Mall Expansion PUD, Phase 1 (Mervyn's) - Final, and abstained from the vote. Planning and Zoning Board inutes July 27, 1987 Page 6 Joe Frank gave staff description of the items. Ron Young stated he is the Project Director for the expansion. He informed he would be able to answer any questions. Eddy Linch stated he was a partner in Westcor Inc. who is a partner in the mall. He commented in the Phoenix Planning and Zoning Department there is a plaque that states, "We don't give a damn how they do it in LA". He stated he feels this way about the project at hand. He informed the project is a growth opportunity. He indicated there would be 100% occupancy, offering a broader span of merchandise. He commented Mervyn's is a fine merchant. He stated the results of the expansion would be more diversification for the customers. Ron Young stated all the staff and financial consultants were present to expedite the process. Joe Frank stated the conditions resulting from the June 22, 1987 meeting. The three conditions were: (1) details about the pedestrian walkways and landscaping at final, (2) providing certain transportation improvements to offset the impact of the expansion, and (3) planning for the major loop road. He indicated the third condition was shown on the sketch given to the Board. He stated all were in agreement with these conditions. He stated that the final 2 conditions had been met and that staff recommends Phase 1 and 2 with two conditions. The conditions are: (1) all signatures must be on the final documents by April 1, 1988, and (2) the vacation of Monroe and Foothills Parkway. He indicated the final authority of condi- tion (2) would rest with the City Council. The loop road issue will be resolved as part of the 3rd phase of the Mall Expansion. Chairman Crews inquired if the loop was critical to approve at the present time. Joe Frank indicated it was not necessary at this time. He stated the staff felt confident the direction the property owners were taking was consistent with the City's thoughts. He commented the developers of all the affected shopping centers have been questioned to get their opinion about the loop. Ron Young indicated on the map where the loop would be located. He stated the loop would enhance the traffic pattern in the area. Gene Mitchell commented on the loop road concept. He indicated he was speaking for the other partners in the Arena, Foothills Square and Foot- hills shopping centers. He stated the loop road marked a compliment to Northern Colorado; it is a star feature of the project. Member Brown indicated the two new pads in the Foothills East area had not been reviewed. She inquired about the impact on parking, traffic, and the traffic flow. rianning and [onini tod minutes July 27, 1987 Page 7 Cl Joe Frank stated all along the staff has been reviewing the expansion of Foothills East. It was not until recently that both the applicant and Staff made a decision to submit the Foothills East plans with the Mall plans. Both plans are integral to one another. Rick Ensdorff commented the expansion would be an improvement to the situa- tion. He stated the impact on parking, traffic, and traffic flow had been studied and is acceptable. Member O'Dell asked if the building permit would not be issued until the final documents had been signed. Joe Frank indicated this was correct. Member Kern inquired if the choice of final submission date for the signa- tures was adequate. Tom Peterson stated the staff had chosen the date and felt it was adequate. Member Kern humorously stated the date was April Fools Day and wondered if there was a connection. Member O'Dell inquired about the additional traffic. Joe Frank stated Member Brown had inquired about the same issue previously • so no explanation was needed. Member Lang moved to approve the Foothills Mall Expansion PUD, Phase 1 (Mervyn's) - Final with the two conditions recommended by staff: (1) that the applicant obtain all necessary signatures by April 1, 1988, as described in the Staff Memorandum, and (2) the vacation of Monroe Drive by City Council. Member Kern seconded. Motion passed 7-0. Member Brown moved to approve Foothills Fashion Mall Expansion POD Phase 2 (May D & F) - Final and Foothills East Amendment - Preliminary and Foot- hills East, Phase 1 - Final with the following two conditions: (1) that the applicant obtain all necessary signatures, by April 1, 1988, as described in the staff memorandum, and (2) the vacation of Foothills Parkway as approved by City Council. Member Strom seconded. Motion passed 7-0. Chairman Crews asked if there was any other business to discuss. Joe Frank stated at the Friday work session staff discussed having a spe- cial work session on the group changes in the Group Home Ordinance. He commented the staff memebers present at the meeting were pooled as to the preferred date. A decision was made to have the meeting on August 6, 1987, at 4:30 p.m. The meeting will be held in the CIC room. He noted the min- utes should reflect members not present at the Friday work session will be required to bring cookies and pies to the next session. 0 With no other business, the meeting was adjourned at 7:31 p.m.