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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 10/24/1983PLANNING AND ZONING BOARD MINUTES OCTOBER 24, 1983 The regular meeting of the Planning and Zoning Board for the City of Fort Collins was called to order by Vice Chairman Tim Dow at 6:32 p.m., October 24, 1983, in the Council Chambers of the New Municipal Building, 300 Laporte Avenue, Fort Collins. Board members present included: Tim Dow, Gary Ross, Dennis Georg, Sharon Brown, Don Crews, and Randy Larsen. Staff present included: Mauri Rupel, Cathy Chianese, Joe Frank, Sherry Al- bertson -Clark, and Gail Ault. Legal Representative was Ken Frazier. Mauri Rupel reviewed the items on the Consent Agenda. These items were: September 26, 1983, minutes; Troutman PUD, 2nd - Final (#45-83C); Hill Pond PUD, Second Replat - Preliminary and Final (#13-80I); Cunningham Corners PUD, Chestnut Village - Final (#4-83C); Country Club North First Annexation and Zoning (#73-83,A); Country Club North Second Annexation and Zoning (#74-83, A); Foothills Parkway PUD - Extension (#195-79); The Landings Fifth Filing - PrelParkminary and South PUD �Finlal( (#16679B) list dlonhthe agenda#40-79B); anHemsire HousePhas been acontin0uedAat the request of the applicant to the November 21, 1983 meeting. Vice Chairman Dow asked for public input. Pat Venable, Richards Lake Road, asked for discussion on Item 74-83. Board Member Brown requested items 73-83, 73-83A, 74-83 and 74-83A be pulled. Member Dow moved to approve consent agenda items 1-4, 9, 11, 12. Second by Member Ross. Motion carried 6-0., COUNTRY CLUB NORTH 1st ANNEXATION AND ZONING (#73-83, 73-83A) Members Dow and Larsen abstained from the Country Club items due to potential conflict of interest. Member Ross was asked to conduct the hearings. Mauri Rupel gave staff summary recommending approval. Pat Venable, 1505 Richards Lake Road, expressed annexation concerns, particu- larly the fact that when surrounded by City property they can be involuntarily annexed. Legal Representative Ken Frazier concurred that forced annexation could occur. Norman J. Munn, PO Box 1040, Fort Collins, expressed his concerns as owner of oil and gas rights on the involved property, and what happens to his rights. Legal Representative Frazier indicated the development of mineral rights would be governed by City codes and provisions. Mr. Munn asked that because of the additional expenses the item be tabled. He believed he would be entitled to compensation if negatively affected and requested a specific answer as to what change in procedure would occur, what cost changes there would be, etc. Member Georg questioned whether the property owner was owner of surface rights or owner of mineral rights. Legal Representative stated annexation deals primarily with surface rights property owners. P & Z MEETING OCTOBER 24, 1983 Page 2 Rupel pointed out that this was a recommendation to City Council and perhaps making the recommendation contingent on clarifying this matter would help. Member Ross stated he felt we should not attach strings to council recommenda- tions and Member Georg concurred. Sharon Brown felt we must act on this voluntary annexation. Russell Pomeroy, 5449 S. Jasmine, Englewood, 80111, owner of Fort Collins Oil Field with five producing wells on second annexation, also has many concerns as tax base, regulations, access, etc. Member Georg moved we table item in City's interest until a more complete picture of potential impact is available. Member Crews seconded. Motion passed 4-0. COUNTRY CLUB NORTH SECOND ANNEXATION AND ZONING (#74-83, 74-83A) Because 73-83 was tabled, there is a contiguity problem with these items and, therefore, these also will be tabled to November 21, 1983. Member George so moved and Member Crews seconded. Motion passed 4-0. COLUMBIA ESTATES - AMENDED PRELIMINARY (#54-83A) Joe Frank presented staff presentation on this item. Staff recommends approv- al since amended plan meets LOGS criteria. Jerry Alt, 601 George #81, Midland, TX, applicant, explained the front door, comfortable effect of the project. Stated infill projects required sensitiv- ity and they attempted to make the project resemble single-family as closely as possible. He presented several slides of existing similar projects he was responsible for. Carr Bieker, architect, clarified plan changes: single point of access on Lemay, only single car garages increasing open space, added berms, walls, other buffer material, eliminated two cul de sacs, relocated swimming pool and trash receptacles, the internal access was simplified and guest parking redistributed. Regarding traffic impact: 1) pre-existing condition is 11-1300 cars at peak hours, and 2) making a left turn at Columbia off Lemay is a major aggravation; however, signals at Drake/Lemay, Stuart/Lemay, and Prospect/Le- may help. Project impact is estimated at 4.4 percent of the total number of trips on Lemay Avenue. Solution might possibly be a traffic light prior to 1987, and developer would be willing to participate in the cost of a light. This would not solve the flow on Lemay Avenue however. Russ Butler, EDAW, landscape architects, presented slides showing buffer zone for adjacent property owners taking into account existing landscaping and fence, future headlight beams, etc. Lloyd McLaughlin, ROB Engineering Consultants, explained existing topography would be maintained with project dwellings sitting below existing single-fam- ily homes. Carr Bieker summarized that after looking at a variety of alternatives they felt this plan orientation provided the greatest sensitivity to neighborhood concerns with a net density of 11.5 du/gross density of 9.5 du. P & Z MEETING . • OCTOBER 24, 1983 Page 3 Barbara Kelleher, resident of Hiawatha Court, stated if the developer were really sensitive to neighborhood concerns they would provide less units. Questioned where remainder of cars go now that there are single car garages, with parking spaces for office gone where do they park? Rosalie Everson, 2255 Hiawatha, was concerned about the distance between units and fence/buffer. Presented slides showing proximity of project to Hiawatha Court homes. Lynn Grove, 2249 Shawnee Court, indicated area needed the general relief that was provided by the church. Also questioned conversion from church to office and fairness of same considering the tax base the church had enjoyed. Connie Backes, 2201 Hiawatha Court commented she was glad the parking lot on the north was removed but still concerned about the office building, possibly vacancies, deed restriction the developer had proposed, and how many more commercial developments will move in since there are several churches in the area. Vice Chairman Dow indicated plan changes will come before the Board as a final for review. Jerry Alt indicated the deed restriction will be part of the proposal. Jerry Kissock, 1920 Pawnee, north of the church, questions the planned access across the ditch. Carr Bierker responded it was pedestrian only and required by fire code. Mr Kissock opposed it because he felt Indian Hills would become a parking lot. Carr indicated No Parking Area signs could be posted although Joe Frank felt parking provided was adequate. Rick Ensdorf, Traffic Engineer, also stated No Parking signs could be posted but would rather not unless it was necessary. Kissock stated it was currently no problem because there was no pedestrian access. Bill Brown, 1917 Pawnee, felt employees would use the side streets and ques- tioned if bridge over ditch could be eliminated. Carr indicated it was re- quired by fire code. Member Ross expressed his frustration that LOGS goal/objectives, established through citizen input, showed citizens' desire to try to move employment areas, shopping and convenience areas, within walking distance of residential areas to eliminate some of the use of the auto. Now he hears public outcry against the same. Joe Frank indicated the parking provided was within an acceptable level for a general/professional office and there would be signed parking for employees. Mark Soukup, 718 Columbia Road, indicated there was much neighborhood input expressed and it should be considered. He questioned the traffic problem and felt a traffic light was not a solution. Arnold Hein, 2255 Apache Court, was concerned about the children, crossing busy streets to get to school, and the need for this density (indicated Scotch Pines at a 50 percent vacancy among 250 units). P & Z MEETING OCTOBER 24, 1983 Page 4 Harry McCabe, 1508 Buckeye, felt the site was well planned with side yards facing Hiawatha Court backyards, offered privacy and seemed to respond to neighborhood concerns. The developer Jim Kieffer with Colorado First Mortgage is a man of integrity. Brown questioned buffering from deciduous trees. Butler indicated coniferous trees were placed were problems existed and deciduous trees were for accent. Butler also indicated 6 and 8 foot trees would be planted. In response to an employment question from Member Brown Carr indicated signage for employee parking will be provided; questionable high -intensity and retail uses would not be allowed, it would be professional offices. The number of employees, however, would be hard to predict. Dow asked about discouraging pedestrian access from Dartmouth. Rupel stated a chain could be put up but Frank felt signage the better solution. Member Georg felt the project was improved with parking concerns met. Some traffic problems remain but this is a preliminary. Member Crews felt, though the density remains the same, the added green area, landscaping, buffering, have helped. Member Dow felt significant improvements and trusted the remaining concerns would be addressed. Member Georg moved to approve the project. Member Larsen seconded. The motion passed 6-0. Hearing recessed from 8:50 to 9:10 p.m. THE COVE - COUNTY REFERRAL (#84-83) Member Ross excused himself as he lives within 500 feet of proposed project. Sherry Albertson -Clark gave staff summary. Staff recommends approval by City Council to the County. Tony Hughes, architect from Gefroh Associates, stated he was available for questions. Member Crews asked if LindenmeTer waiver had any effect on this property and Albertson -Clark indicated this waiver deals with off -site street improvements rather than a waiver from meeting City street standards. In response to Member Brown's questions regarding open space, Albertson -Clark indicated 9,000 square feet. Tony Hughes indicated the County required 30 percent of site to be open space and there was an additional easement for the drive that goes to Country Club. Albertson -Clark indicated Country Club will become a Collector street, with safety and structural aspects reviewed by traffic engineering. Member Larsen moved to recommend approval of The Cove PUD, Member Georg se- conded. Motion passed 5-0. P & Z MEETING • OCTOBER 24, 1983 Page 5 THE COVE PUD - OFF -SITE STREET IMPROVEMENTS WAIVER (#84-83A) Sherry Albertson -Clark gave staff summary and background on things evaluated in terms of reviewing a waiver request. Staff recommends City Council recom- mend approval with the condition the applicant be required to pay the per unit fee when adopted by County Commissioners and prior to getting building permits issued on the site. Member Georg questioned cost to improve collector street. Tony Hughes stated the approximate cost would be $5 million dollars. Mauri Rupel stated in preliminary discussions with the County the figure of $500 per dwelling unit was mentioned. Member Georg asked if an annual review had been conducted and Rupel indicated procedure in effect only 3 or so months. Member Brown asked the formula for the developer's share on the City's devel- opments. Rupel said it was based on available space and anticipated build- ings. The City's is S246/dwelling unit. Albertson -Clark clarified the fee would be set per project until the fee changed (on an annual basis). Dr. Charles Callopy, owner of property, was frustrated because they have been trying to develop this property for two years and seemingly have gotten nowhere. Gary Ross, Sherrell Drive, was concerned about the road and cost of improve- ments. City growth problems are causing these problems. Member Larsen stated the waiver process was to alleviate concerns, not to look at or correct street oversizing fees. Member Larsen moved to approve off-street waiver for The Cove PUD, seconded by Member Brown. Member Georg felt that perhaps this was moving too fast and trying to apply an incomplete tool. He felt the item should be tabled until we had a plan to execute. While Members Dow and Crews agreed they felt this was not setting a precedence. Motion carried 3-2 with Members Georg and Brown voting no. THE LANDINGS PUD 4th FILING, 3rd REPLAT - PRELIMINARY (#40-79C) Member Larsen abstaining from next two items due to potential conflict of interest. Cathy Chianese gave staff summary recommending approval of proposal to create one lot for a church. Bob Mooney, Larsen & Associates, architects, stated he was available for questions. Member Dow asked if there were any neighborhood comments. Cathy indicated the office had received no comments; however, The Landings Homeowners Association had reviewed the item. Member Ross moved to approve the item, seconded by Member Crews, and motion passed 5-0. P & Z MEETING OCTOBER 24, 1983 Page 6 THE LANDINGS PUD 4th FILING, 4th REPLAT - PRELIMINARY (#40-79D) Cathy Chianese gave staff report for 34 townhome units recommending approval. Bob Mooney, Larsen & Associates, architect, indicated project would be part of The Harmony Cove Subdivision. Member Brown asked if there would be shared recreational facilities. Bob indicated as part of The Landings they would share the same facilities. Member Dow asked for citizen input. There was none. Member Crews moved for preliminary approval of the project. Member Georg seconded. Motion passed 5-0. SOUTHRIDGE GREENS, TR G, MAIL CREEK VILLAGE - PRELIMINARY (#9-82H) Cathy Chianese gave staff report recommending approval of project for 70 townhome units. Member Ross questioned use of tandem spaces. Cathy clarified item. Bernie Cain, BuCain Corporation, Applicant, was available for questions. There was no public input. Member Georg moved to approve SouthRidge Greens. Member Ross seconded. Motion passed 6-0. Board recessed for 5 minutes until 10:00. FOX MEADOWS, COMPLEX 1 - PRELIMINARY (#8-82B) Joe Frank gave staff report on Fox Meadows recommending approval of the com- mercial building. John Dengler, architect, indicated 150-200 employees maximum would be employed with half the building office use, half for pre -manufactured assembly. Much landscaping buffering, building location away from neighboring residences, etc., were attempted to minimize the "industrial" atmosphere. Much signage is provided to eliminate the traffic in the neighborhood. The pre -manufactured assembly process would generate a small amount of waste and employee parking was looked at closely with 145 spots being provided. Member Ross questioned if shift work would ever be required. Mr. Dengler stated they planned on having only one shift, but production may someday require a second shift and should not be ruled out. Larsen questioned visitor parking. Mr. Dengler indicated it would be along the entry plaza and was included in the total figure. Member Dow questioned the truck traffic flow. Leo Gormally, applicant, indicated while the proposed firm wished to remain anonymous, they would be assembly floppy disks. Member Dow felt a problem with approving a project for an unknown entity. Mauri Rupel indicated firm's name was not a land use question. P & Z MEETING • • OCTOBER 24, 1983 Page. 7 Member Crews asked how toxic waste would be reviewed. Joe Frank indicated the LDGS criteria dealt with same, but felt the toxic waste might be more solvents and oils. Member Georg felt substantial toxic wastes could result and felt Board should look more closely at this at time of final. Member Ross would like to see a little more disclosure at the time of Final. Member Brown felt Board needed to know specifics regarding toxic waste; amounts, removal process, etc. Member Dow asked for further landscape details. John Dengler responded indi- cating the intensity of buffering was greater than normal. Member Ross questioned whether concerns raised when site was earlier proposed for a health care center had been answered in this project, particularly Bighorn Road. Bill Spegt, 2208 Whitetail Place whose property borders fence, indicated he felt the additional access was necessary. There were many acci- dents on Horsetooth and subdivision safety was currently limited by the one access. Felt comfortable looking out his back window at this project. Member Brown asked Mr. Dengler about traffic changes on Timberline if it is continued through to the north. Mr. Dengler responded an analysis had been conducted including potential future for lights, etc. Member Dow asked about land use to north and south of Horsetooth. Frank responded south is a single-family dwelling recently annexed and zoned RLP to allow for a second house at one time called Sun Stone PUD however never pursued. To the north there is a master plan for manufacturing, warehouse uses. Member Dow was concerned about parking and felt it should be more closely looked at on final. Wished further detail on buffer strip. Member Ross agreed parking should be looked at as well as the manufacturing process, and possibility of shift work. Member Larsen moved for approval with the condition at final a further analysis of parking and better explanation of nature of assembly and shift work goals be received. Seconded by Member Ross. Motion passed 4-2 with Dow voting no because he was seriously concerned about the use change from health club to hi -tech manufacturing, not knowing the processes involved, instructions from State on toxic wastes, etc. Member Crews also voted no. 418 WEST OLIVE R-H CONVERSION (76-83) Joe Frank gave staff report requesting conversion from a family use to law offices. Staff recommended approval. He indicated he had received some input from two neighborhood residents who left because of the lateness of the hour: Florence Hampton, 618 West Olive, and Margorie Nockels, 620 West Olive. These ladies felt the property had been deteriorating since the cur- rent owner was placed in a nursing home. They would prefer to see this pro- perty owner -occupied and maintained and were, therefore, in favor of the project. P & Z MEETING OCTOBER 24, 1983 Page 8 John Cross, applicant, gave brief descriptions of neighboring houses and stated he was available for further questions. There was no neighborhood input. Member Crews moved for approval of the conversion. Member Brown seconded. Motion passed 6-0. HARMONY PRESBYTERIAN CHURCH REZONING (#78-83) Mauri Rupel presented the request to rezone from Low Density Planned Residen- tial to Planned Business. Staff recommended approval with the condition the property be developed as part of a Planned Unit Development. Bob Mooney, architect, Larsen & Associates, indicated he was available to answer questions. There was no public input. Member Brown moved to approve the rezoning with the PUD condition. Member Georg seconded. Motion passed 6-0. OTHER BUSINESS Cathy Chianese presented Administrative Change request for Valley Forge PUD changing the building envelopes with density and number of units remaining the same. Staff has reviewed and would recommend approval but asks Board if they concur this would not "substantially" change the character of the project. Member Ross commented if Board was reviewing the project it was, in effect, a hearing and the neighborhood should also be notified. Member Georg was concerned there was not sufficient detail to make the decision on whether this was a "substantial" change. Member Dow felt the neighborhood should be notified. Cathy requested the applicant be allowed to present the change. Vice Chair- man Dow felt, given the concensus of the Board, it would be inappropriate to present the item since it would not be acted on. Member Georg moved to adjourn. Seconded by Member Brown. Meeting adjourned at 11:01 p.m.