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PLANNING AND ZONING BOARD MINUTES
October 30, 1985
The regular meeting of the Planning and Zoning Board was called to order at
6:32 p.m. in the Council Chambers, 300 Laporte Avenue, Fort Collins,
Colorado.
Board members present were Gary Ross, Dave Edwards, Laurie O'Dell, Tim Dow,
Sanford Kern, Don Crews, Sharon Brown and Linda Lang.
Staff members present were Joe Frank, Bonnie Tripoli, Elaine Kleckner, Ken
Waido, Steve Ryder, Bob Wilkinson, Matt Baker and Barbara Hendrickson.
Legal staff was represented by Steve Roy.
Chairman Dow welcomed the public to the meeting. Joe Frank stated
continued items were: Item 2 - #25-85A - Redwood Village Center PUD -
Final, Item 4 - #68-85 King Soopers #9 Expansion, and Item 5 - #24-80J
-Park Central PUD Phase V - Preliminary. Item 8 - #78-85 Fort Collins Pipe
Out -of -City Sewer Request has been withdrawn.
Mr. Frank reviewed the consent agenda which consisted of: #143-80B Spring
Creek Manor PUD - One Year Extension and #13-80F Sundering Townhomes PUD,
2nd Filing - Amended Preliminary.
Member Edwards motioned to approve the consent agenda. Member Brown
seconded the motion. Motion to approve the consent agenda passed 7-0.
Board proceeded to the First Discussion Agenda Item.
#62-85 EASTSIDE NEIGHBORHOOD PLAN
Member Kern excused himself from the discussion and subsequent voting due
to a conflict of interest.
Ernie MacQuiddy, ESN Steering Committee, gave the presentation. He stated
this plan was worked on by the City and Cityscape and represents a true
neighborhood effort. He introduced the members of the Steering Committee
who were present in the audience. He began his presentation by briefly
explaining the sections of the Plan: Purpose - to create a tool to inhance
the neighborhood; Policy - to create stability; and Implementation - puts
recommendations into action. He then briefly explained the Policy Plan and
how it is perceived and how it will grow, balancing the needs with the
neighborhood. He stated there were approximately 30-60 people at each of
the 4 neighborhood meetings and he had attended 3 of the worksessions and
the Transportation Workshop.
Eldon Ward, Cityscape Urban Design, presented the content of the Plan
Policy. He stated the three areas for study were; Commercial fringe around
the neighborhood, buffer between old structures and land use, and historic
and residential. He noted that the plan calls for a creation of two new
zones, written just for this neighborhood but is similar to existing
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October 30, 1985
Page 2
to be reviewed, such as truck bypass of downtown, widening of Mulberry
Street, the completion of the Prospect and I-25 intersection and the
Whedbee-Oak Street area.
Mr. Ward felt that overflow parking, pedestrian access, alternative
transportation, and traffic management were all items which needed to be
addressed. Included in the Plan was a section on Private Maintenance which
would include housing codes and annual street/tree renewal program for
which there are tax incentives. He felt the Plan addressed the need to
review the demolition criteria and a survey of historic buildings and their
assets. The Plan addresses open space and conceives a park near the new
Laurel School and to convert the Mountain Bell facility into a senior
center. The Plan gives ideas to upgrade neighborhood. An example would be
sidewalks and their need in some of the older areas to be improved. There
are also views given to animal control in the Plan. He concluded by saying
the Plan should be adopted and to create a Neighborhood Planning Board,
which would look at zoning codes and participate in neighborhood workshops
to work with the neighborhood.
Joe Frank thanked the people who have worked so long on this Plan including
City staff, Rick Endsdorff, Bob Lee, Bob Smith, Carol Osborne, and Ken
Waido. Mr. Frank described the process to impliment the Plan and felt it
is the cornerstone on long-range planning in Goals and Objectives, Open
Space, Land Use Policies, Master Street Plan, Air Quality Plan and Energy
Conservation. He stated the Eastside Neighborhood Plan will become part of
these and will be used by the City as a decision making tool. Staff
recommends approval as it will be a valuable tool and is compatible. The
additional concerns of the the Plan are: outstanding traffic problems,
future use of the Plan, and actions necessary to implement the Plan. He
requests the Policy Plan be approved with the implementation plan as a
guide rather than adopted. Specific implementation schedules will be
presented at a later date.
Bob Lee, Director of Transportation, spoke regarding the traffic options
which he and Rick Endsdorff had reviewed. He felt the traffic problems now
and in the future could be reduced with the efforts of the Traffic
Department and the Planning Department.
Chairman Dow asked Mr. Lee the present status of East Laurel Street and
Riverside Avenue. Mr. Lee responded by saying they are looking at an access
into the shopping center not a thru street.
Member Crews noted that Mr. Frank described what the Plan does do and he
asked Mr. Frank to describe what it does not do. Mr. Frank stated it is not
a rezoning attempt. He stated it was to be used as policy and would not
affect present zoning. He felt it reflected the desires and ambitions of
the neighborhood.
Member Crews questioned its permanance and whether this Plan would be an
evolution. Mr. Frank replied if it doesn't work, then it could be changed.
He said a periodic review with public participation would be done with the
re-evaluation.
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October 30, 1985
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Member Ross questioned the boundaries and stated either all of downtown
should be included or all excluded.
Eldon Ward presented slides to the Board to show the the area and that the
original boundaries were arterial streets.
Member Ross asked what type of evaluation is done to determine what
structure is obtrusive and cited the variety of buildings at the corner of
Oak Street and Remington Street.
Mr. Ward replied this was,the reason to review the criteria for demolition.
Member Ross was concerned the re -use of land would dictate the structure's
existence. He gave a hypothetical example of an existing vintage home
being desired by the developers of a gas station and which would be more
valuable to the neighborhood.
Mr. Ward answered by pointing out the Plan is not intended to take away
rights but to keep the ambiance of this unique area alive.
Member O'Dell asked Mr. Frank in what way the Planning and Zoning Board
become involved in the implementation and if they would deal with it all at
once or each aspect as it is ready.
Mr. Frank responded by saying the implementation would come about in pieces
at a time, spread over 6-7 years. The Board would only be concerned about
the zoning and land use portions of the Plan.
Member O'Dell asked if different departments are dealing with the separate
aspects of timing and funding of implementation, would this be one
document. Mr. Frank answered yes, but it would be a fairly general
document due to the uncertainty of future budget priorities.
Member Ross questioned Mr. Ward as to the creation of preservation
easements.
Mr. Ward stated there are incentives to the owner to maintain the structure
by selling an easement. This is only for designated landmarks and is a
voluntary surrender of the rights to a structure's facade for tax write off
which then is used to maintain the building.
Member Edwards felt the Plan creates energy to follow through to
implementation and wondered as to the risk of any enforcement which was not
there prior to the possession of any property. He also asked if the
private maintenance policy would be equal with the rest of the city or more
stringent.
Mr. Frank replied many of the items would be City-wide, such as the
demoliton criteria.
Mr. Don McMillen, property owner, showed the Board the property he
currently owns in the Laurel School area. He explained the area is
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October 30, 1985
Page 4
designated by the Eastside Neighborhood Plan for a 10 acre park. He wishes
the Board to amend this as he has plans to construct an elderly home on
that property now that there is an access road.
Mr. Ward stated the boundary illustrations are conceptual and the inclusion
of Mr. McMillen's property was done because it was vacant. The Plan does
call for a 10 acre park but does not feel an amendment is warranted.
Mr. McMillen is concerned that what is said tonight is concrete. He cited
various city promises he feels were given and not fulfilled. He felt the
traffic on East Elizabeth is too heavy and the options to relieve the
traffic won't work and gave his own ideas as to the problem, those being;
no one-way, no restricted right turns, a school light, dips and narrowing
and the design of a three block connector system. He felt Laurel Street
should shoulder the burden of some traffic.
Mr. Ward corrected Mr. McMillen's comments as the Plan does not call for a
one way or restricted right turns. The Plan described this option but
went on to explain the failure of such a plan.
Lou Stitzel, 521 E. Laurel, stated she supports the plan and felt it to be
a tremendous step forward. She thought the larger urban areas, such as
Denver, could take example from this Plan. She concluded by saying this is
one way to balance the influences of neighbors and the quality of life.
The Plan is workable yet flexible.
Bob Zimdahl, CAN Board Member, commended the group for coming together to
bring about this plan and felt the over all goal of plan is to promote and
maintain well being of neighborhood and although we all agree that it is
desirable goal, we don't all accept the means of achieving the goal. He
looks forward to help implement the plan and to comment when appropriate.
Dick Beardmore, 2212 Kiowa Court, noted there is already a mechanism to
assist the Eastside Neighborhood Plan and that is the Landmark Preservation
Committee and Cultural Resources Board. Part of the policy and
implementation is local designation of individual structures and
districts. He feels the Plan is complimentary and will not require all new
ordinances to implement.
Tom Skillman, 818 E. Elizabeth, recalled Mr. McMillen's comments and spoke
of the changes on Elizabeth Street. He felt Mr. McMillen's ideas should be
reviewed and the policy has been to spread the flow of traffic.
Mr. Ward responded to Mr. Skillman's comments with the Plan's hopes to
avoid heavy traffic by using different ideas evolved from the Traffic
Department and the Steering Committee.
Mr. McMillen asked if the Board was capable of making recommendations for
changes to the Plan. Chairman Dow stated they do make recommendations to
the City and can recommend that any portion be modified, not adopted, or
reviewed again.
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Member Edwards remarked when he first received the Plan he was struck by
the extent of it as a result of a great deal of work. As a policy document
he feels it goes into much detail and can't be looked at simply as a plan.
He felt it was too much to digest in too short a time.
Member Lang agreed and added that staff has had the Plan for 18 months
while the Board has had only 30 days. Member Edwards said he did see the
plan at the worksession but did not have the opportunity to get in depth
and study implications of it. Member O'Dell stated she viewed it as a
policy plan and would feel comfortable in adopting it.
Member Brown questioned the specific traffic recommendations made in the
Plan, yet Mr. Lee spoke of alternative ways. She felt the policy should
read the options and not the specifics, as she feels she would be voting
for what exactly is written. She does support the goals of the Plan.
Member Crews noted it is a Plan and not cast in concrete. He felt it is a
step in the right direction and is better plan than is now available.
Chairman Dow agreed it is not an implementation plan. The Plan was
developed by experts and people active in the neighborhood and large
amounts of money and grants have been spent to develop the Plan. He
recommended approval.
Member O'Dell motioned to approve the general policy excluding 2.8 and
Chapter 3. Member Crews seconded the motion.
Mr. Frank clarified the issues: suggesting option of one-way coplet between
Mathews and Remington be alternative, change the thruway from Lincoln to
Timberline and add special desiyn to intersections are conceptual only.
Member O'Dell stated they would be acceptable adding the general traffic
portion be looked into further. Mr. Frank asked Member O'Dell to be more
specific. Member O'Dell replied Laurel Street.
Member Brown asked that Magnolia and Mulberry couplet be added as well.
Member Edwards noted the problems they were experiencing shows the depth of
the plan. He was concerned with the governance and how the Neighborhood
Board would be appointed. He felt this Plan to be a precedent and how they
proceeded would be important.
Member Lang stated that they are asked to approve a policy plan and when
conditions are added, more specific information is needed and this bothers
her.
Member Ross feels the Plan goes beyond a plan and, if it is not resolved
now, the City Council may not have the time to go over it as it should be.
He felt they should recommend approval with exclusion of 2.8 and Chapter 3
with the following conditions: 1. Basis of implementation to be studied
further, 2. Traffic aspect of possible one way couplet using Magnolia
Street and Mulberry, 3. Alternative traffic options in regards to Lincoln
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October 30, 1985
Page 6
and Timberline and special intersection treatment, and 4. Alternatives be
studied to Laurel Street going east to Riverside commercial area.
Member O'Dell moved to approve with the conditions. Member Dow seconded
the motion. Motion denied 4-3. Members Ross, Edwards, Brown and Lang
voted no.
Member Ross moved to schedule worksession and table Plan to November.
Member Brown seconded the motion.
171-85 2218, 2318, 2440, 2444 WEST LAPORTE OUT -OF -CITY SEWER REQUEST
Ken Waido gave a brief description of the request to extend sewer service.
Member Ross moved approval. Member Edwards seconded the motion. Motion to
approve was passed 7-0.
POUDRE RIVER TRUST LAND USE POLICY PLAN
Gene Mitchell, Chairman of Poudre River Trust, introduced members of the
Poudre Trust Board and gave a brief background of the Trust and adoption of
the Plan. He described the conceptual ideas the Trust had for the
beautification of the river.
Jim Reidhead, Acting Executive Director of the Poudre River Trust stated
the Plan can't work without cooperation. He spoke of the drastic problems
on the Poudre River and the 200-300 jobs along the river.
Eldon Ward, Cityscape Urban Design, said it is the hope of the Trust to
revitalize the River and noted the areas of concern --historic, natural
resources, recreation, mixed use development. He realized the need to
consider private and public cooperation.
Elaine Kleckner stated the Plan is a guide to future action and a
commitment to adopting the implementation of the Plan. Ms. Kleckner said
property owner involvement had given them a feeling of being part of this
plan and, if approved, would be adopted as an element of the Comprehensive
Plan.
Member Kern questioned the part of the land in the county and what
jurisdiction would the Planning and Zoning Board have. Mr. Ward stated it
would be subject to the same criteria and would be subject to annexation
into the City.
Member Kern asked if county needs to know of decisions. Ms. Kleckner
answered no, there is no parallel process.
Member Edwards asked Mr. Mitchell about the Trust itself and its financial
workings. Mr. Mitchell replied that the Trust was a non-profit development
company with written terms. Money made from development would return to
the trust.
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October 30, 1985
Page 7
Mr. Harold Fisher, property owner, pointed out to the Board the condition
of the dam north of the power plant and if not repaired will damage City
sewer system and hinder irrigation.
Mr. Kenneth Wing, East Vine resident, said he did not believe that Mr.
Mitchell knew enough about the river and its peculiarities to develop along
it.
Mr. Jed Scholsbery, resident along the river, felt he was being ignored by
the developers and there was no need to develop the river --it is fine the
way it is. He described the asthetic and recreational enjoyments he finds
along the river and was concerned about possible evictions to acquire land
to develop.
Dick Beardmore recommended to the Board the Plan be adopted.
Ernest Monroe, 101 East Vine Drive, stated he has been a resident along the
River for over 40 years and does not want the developer to take his land
away. He also pointed out the crumbling power plant dam and added that when
he called the City about this, he was told it was not their responsibility.
Mr. Reidhead addressed the residents concerns by stating they would not
disposess people of their homes to get land and respects the property
owners.
Mr. Gonzales, resident of river property, stated his family owned the
property in the Trust boundary for over 40 years and recently received a
notice from the City asking them to trade their property for property on
Sycamore. He did not feel the development was necessary.
Member Kern asked of the displacement of residents and the zoning
restrictions.
Mr. Mitchell responded by saying no one has been approached or threatened
to move. Zoning changes may be necessary but won't deprive persons of
their property rights. He stated there was more economic value to
multi -family units than to industrial.
Member Kern asked if present residents would be denied access to the river
in the future.
Eldon Ward noted present access is unclear and City owns only 10-15'
easements. The plan would expand access to river.
Member Ross was concerned about Mr. Gonzales' notice to move. Ms. Kleckner
thought the notice could be from the Housing Authority.
Member Edwards motioned to adopt the Plan. Member Ross seconded the
motion. Motion to approve passed 7-0.
Meeting adjourned at 10:30.