Loading...
HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 06/12/1978• • r l Board Members Present: Staff Members Present Planning and Zoning Board Minutes June 12, 1978 Bob Burnham, Phyllis Wells, Ed VanDriel, Gary Ross, Charles Unfug, Robert Evans, Gary Spahr Les Kaplan, Eldon Ward, Robert Steiner Legal Representatives: Lucia Liley, Don Deagle Bob Burnham: Called the meeting to order at 6:30 p.m, and explained the format and requirements of rezoning hearings. Welcomed Charles Unfug to the Board. 1. Approval of May 8 and May 15, 1978, Minutes. Ed VanDriel: On May 8, page 7, zoning consideration for the Horsetooth- Harmony Annexation, corrected his statement to read he was uncomfortable considering zoning since there was no informa- tion provided in the staff memo concerning it. On May 15, page 6, concerning Evergreen Park 4th, corrected his motion to read no development occur on the southern 20 to 30 lots. Bob Burnham: Said the minutes stood as corrected. Vote: Motion carried unanimously. 2. #83-78 Baetz - West Mulberry Rezoning. Description: Proposal to rezone 8.755 acres located on West Mulberry Street east of Ponderosa Drive from R-L, Low Density Residential District, to R-P, Planned Residential District. Applicant: Mabel F. Baetz, 2309 West Mulberry, Fort Collins, Colorado, 80521. Les Kaplan: Explained zoning configuration for existing and proposed districts. Paul Baetz - Representing the applicant - Submitted exhibits to support the request (attached). Said substantial change had occurred in the neighborhood demonstrated by nine area rezonings. Noted proximity of site to CSU, City Park, and its distance from the downtown core area. Suggested RP zone would be a good transition between the RM and the RL zones. Said the pro- perty owners to the east were not interested in being rezoned for a variety of reasons but that they had no objections to his rezoning request. Eldon Ward: Gave staff comments: As the petitioner has stated in his "Reason for Request" there have been nine rezonings in the past eleven years in the general area of the property in question. Only three of these Planning and Zoning Board Minutes June 12, 1978 Page 2 Eldon Ward: potentially impact the petitioner's property, the Thelma Staff Comments, Johnson property rezoned RMP, the Jones and Maxwell pro - continued: perties rezoned RIM, and the Skyline Mobile Park rezoned.ML. The first two are basically undeveloped while the last has developed into a mobile home park. The nine rezonings, when developed, would constitute a change of conditions in the vicinity of the property inquestion. The northwest quadrant of the City is away from the major direction of growth of the City, to the south. Most devel- opments in the quadrant could be considered "fill in" type of developments. Because of the area being away from the main direction of City growth, development has occurred at a slower pace and some large tracts of undeveloped land remain. A major new development recently completed which will probably speed up the development of some of the undeveloped areas is Cedarwood Plaza at the corner of West Elizabeth Street and Taft Hill Road. There is a question as to the need for the addition of the requested zone. As previously mentioned, an approximately 20 acre tract of undeveloped RMP zoning is located just south- east of the petitioner's property. With the leveling off of Colorado State University enrollment and the development of higher density housing nearer the campus there does not appear to be a great student demand for housing in this area. In addition, higher density housing and zones in closer proximity to the Central Business District and Foothills Fashion Mall seem to indicate the requested zoning change is not necessary from a citywide view. There are two major problems if the rezoning is granted. First, the rezoning would leave an approximately equal area (7-10) of RL zoning between and RP zone and the Skyline Mobile Home Park, zoned ML, to the east. This situation would undoubtably cause a rezoning request at a future date. Second, the rezoning would effectively double the allowable density of the petitioner's property. It is assumed major access to the area would come from Ponderosa Drive. The major neighborhood facility in the vicinity is Cedarwood Plaza. The Rezoning would cause higher density traffic to travel through a lower density area to the south to reach Cedarwood Plaza. Recommended denial based on the following analysis: The Planning Department believes the petitioner's property could be included with the properties immediately east and possibly to the south, to act as transition buffer between the mobile home park and the potential high density housing in the RMP zoned area to the east and the single family devel- opments to the west. However, the RP zone is too intensive a zone to accomplish the transition in this location. The staff believes the allowable density of 6 units per acre has not been demonstrated as unwise or in need of change. The staff recommends the petitioner's property, the two pieces of property to the east, • 0 Planning and Zoning Board Minutes June 12, 1978 Page 3 and the properties to the south be researched for a rezoning to the RLP, Low Density Planned Residential District, to act as the transition buffer. Bob Burnham: Noted the letter submitted to the Board opposing the rezoning (attached). Eldon Ward: Said a petition had also been submitted against (attached) and that numerous phone calls had been received by the Planning Department opposing the Rezoning. Patricia Hoffman - Secretary/Treasurer, Skyline Mobile Home Park - Noted the mobile home park was zoned ML, permitting only 6 d.u.'s/acre. Said the RM zone in the area consisted of one duplex but is currently a single family dwelling. - Said property owners immediately adjacent to the area requested for rezoning were definitely opposed to the request. - Said there was too much traffic in the area already. Kate Flynn - Area Resident - Concerned with safety of children in the area. Burt Bishop - Area Resident - Submitted petition with 120 signatures (petition referred to by Eldon Ward above). Said an existing shortage of phone lines in the area would be taxed even more. Paul Baetz: Reminded the Board that the zoning request permitted them absolute control over density. Would not object to western half of property being zoned RLP. Phyllis Wells: Asked if any traffic figures were available for W. Mulberry and when it would be improved. Eldon Ward: Said it would be improved this year but probably not as far west as this site. Said it was warranted since the traffic count was 15,000 cars per day. Phyllis Wells: Noted Ponderosa was one of the few straight shots north -south in the area. Charles Hoffman - Skyline Mobile Home Park - Asked if the fence or curb constituted the western border. Paul Baetz: Did not know. C. Hoffman: Said if it was the fence, then the space between the fence and the curb belonged to the subdivision across the street which would prevent any development on the Baetz site gaining access to Ponderosa. Phyllis Wells: Asked Eldon Ward to explain the Land Use Plan to the audience. Planning and Zoning Board Minutes June 12, 1978 Page 4 Eldon Ward: Ed VanDriel: Phyllis Wells Gary Ross: Bob Burnham: Charles Unfug Vote: 3. #84-78 Explained the Land Use Plan. Thought it prudent to wait until the Land Use Plan was com- pleted and felt the petitioner had not demonstrated adequately a change of conditions. Recommended denial. Seconded the motion. Thought it wise to recommend denial, not on the forthcoming Land Use Plan but on the petitioner failing to meet require- ments of a rezoning request. Agreed with Gary Ross. Said Land Use Plan was only a point of departure, not a concrete guideline. Said there was some change in conditions in the neighborhood noting Cedarwood Plaza, but felt it was too far away to have real impact. Motion carried unanimously. Jones/Barstow - S. Shields Street Rezoning. Description: Proposal to rezone 7.3 acres located on South Shields Street north of West Prospect Street from R-L, Low Density Residential District, to R-H, High Density Residential District. Applicant: Marvin A. Barstow and Robin H. Jones, 5237 Fossil Creek Drive, Fort Collins, Colorado, 80521. This item was withdrawn by the petitioner. 4. #85-78 Burnham - S. Shields Street Rezoning. Description: Proposal to rezone .681 acres located on South Shields Street at Westwood Drive from R-L, Low Density Resi- dential District, to R-H, High Density Residential District. Applicant: Taciana Burnham, Campus Realty, 1109 S. Shields, Fort Collins, Colorado, 80521. Bob Burnham: Abstained - Conflict of interest. Pointed out he did not participate in the Friday lunch discussion of this item. Charles Unfug: Abstained - Conflict of interest. Eldon Ward: Explained zoning configuration. Phyllis [dells: Asked for statement of review procedure in the RH zone. Eldon Ward: Explained the procedure. Tina Burnham - Representing the petitioner - Planning and Zoning led Minutes June 12, 1978 Page 5 Tina Burnham: 1) Said an error was made in 1965 when the area was rezoned. Said the City had a request for "C" zoning which included the RH property to the north and the subject property. Thought it reasonable that the same property should have all been zoned RH in the 1965 City-wide rezoning. Said the street, not the property line should be the zoning line. 2) Said the RH zone now contained two dental offices and a Realtor's office - demonstrating change and valicity for the RH zone on Shields Street. Said the Goals and Objectives supported the request and quoted from them. 3) Said all utilities were installed and that there would be no traffic increase. 4) Said the neighborhood impact would be negligible since it was already zoned RH. Regarding staff comments: - said character was not being changed; that the intent was to make the site compatible with existing uses. - said there would be no increase in traffic since the request called for only a one -lot extension of the RH zone. - said the request would not set a precedent since each re- zoning request should be considered on its own merit. - said the property was not a part of the Western Heighers Subdivision and the zoning line should be along Westward. - pointed out the dental and realty offices indicated a need for the RH zoning and were proof of no negative neighborhood impact. - noted that the existing RL zoning permitted rental to three unrelated people, which often was higher since the law was not too often enforced. Suggested comparing the rented use to a professional office use. Eldon Ward: Gave staff comments and a recommendation for denial. The Planning Department staff has continuously argued against rezonings, particularly from R-L to R-H, of residential lots fronting on arterial streets. These arguments have often been made by not denying that a RH use would work at a particular site, but not for other reasons. This request falls into such a situation. The staff believes that change would have a negative impact on Shields Street. The allowable uses in the R-H zone could intro- duce more traffic onto an already busy Shields Street. The extension of the R-H zone to this particular lot could set a precedent for future rezoning requests. The staff has argued against, the Planning and Zoning Board recommended against, and the City Council voted against similar requests to increase density of lots fronting Shields Street from the Campus West Shopping Center to Prospect Street. Planning and Zoning Board Minutes June 12, 1978 Page 6 The staff also believes there is no need for additional R-H zoning in the area given the vacant land, for example, along University Avenue, or the developed area along Plum Street. If there was great pressure for R-H uses in the area it is likely the above examples would not be in their present uses, i.e., vacant and developed as single-family residences, or that new construction or conversions should occur on these areas first before adding additional R-H area. The petitioner states as a rationale for the request an error in the original zoning. The property in question was to be included in a C, Commercial zone, located along the west side of Shields Street from the Campus West Shopping Center to Westward Drive. In 1965 both the Planning and Zoning Board and the City Council denied that request. Subsequently, when the R-H zoning district was established the subject property was not included in the zone with the lots to the north. The staff believes that there was good justification for the lot not to have been included in the R-H zoned area immediately north. Although not part of the Western Heights Subdivision, the lot could orient to Westward Drive and become an integral part of that residential street. It may have been the intent to leave the entrance to Westward Drive in single family uses. Staff Recommendation: Denial The petitioner's main rationale for the rezoning request is an error in the original zoning. However, the petitioner offers no proof that such an error was made. A second contention is a substantial change in the neighbor- hood. The example of two dentist offices south of the property in question is given. These office use conversions have occurred in the R-H zone. The northern two lots in the block between University Avenue and Westward Drive have also converted to office uses. But, as stated above, considerable area in the vicinity of the subject property zoned R-H is available for development or conversions. Lucia Liley: Regarding the question of error in 1965 rezoning, said an error in judgement did not justify a rezoning. Justification was permissable only if inaccurate information was submitted or clerical error was proven. Gene Fischer - 1201 Westward Drive - Said there was a mistake in the original rezoning. Said something must be done to prevent the property turning into a hippie commune. Thought a professional use would maintain the property. Suggested a zone such as RP to allow additional review. Hoped for something beneficial. Charlotte Redburn - property owner on south side of Westward Drive - Agreed with Fischer. Said with assurances that the site didn't end up with a restaurant or high rise, she was not opposed. Planning and Zoning Board Minutes June 12, 1978 Page 7 Les Kaplan: Said the Smith-Chenoweth- Sib lerud Rezoning had conditions imposed on it. Noted home occupation was a legitimate compromise. Jan Gilligan - Area Resident - Concerned over what had been said. Could think of only one "hippie" house on Shields. Thought home occupation was limiting since it permitted only one employee. Ed VanDriel: Asked for differences between RH and RP zone. Eldon Ward: Explained a variance would be needed since the RP zone called for a P.U.D. and P.U.D.'s needed two acres. Added that a seven -unit apartment could be built with RP zoning. Robert Evans: Concerned about the landscaping. Said he liked the structure and if the zoning was granted, conditions should be imposed. Ed VanDriel: Moved to recommend approval of the RH zone conditional upon a landscape agreement being drawn up, that uses be non -retail and that no restaurant be allowed. Robert Evans: Seconded the motion. Gary Ross: Noted the house was not similar to those in the Chenoweth Rezoning on S. College which meant extensive remodeling might be required. Phyllis Wells: Said the Chenoweth Rezoning required that any landscape change required City approval and also pointed out that access was strictly curtailed. Ed VanDriel: Said his motion was intended to carry similar constraints except for remodeling. Gary Ross: Thought access should be restricted to Shields Street only. Lucia Liley: Said that any rezoning had to be justified according to the rules. Said conditional zoning was a nightmare and should be used sparingly. Gary Ross: Agreed. Thought it right to maintain the site since it was a nice lot, but thought the Board was acting on too little information. However, thought it peculiar to have the zoning line along a lot line, not the street. Gary Spahr: Saw no demonstration in change of the neighborhood. Thought the zoning line configuration was meant to have the property in question orient toward Westward Avenue, not Shields. Was reluctant to use conditional zoning. Planning and Zoning Board Minutes June 12, 1978 Page 8 Ed VanDriel: Thought leaving the site in RL constituted spot zoning. Said the dental and realty offices constituted real change. Vote: YES - Robert Evans YES - Ed VanDriel NO - Gary Ross. Uncomfortable with scope of RE zone. Saw it as a very ticklisfi problem with valid arguments for both sides. Wary of conditional zoning. NO - Gary Spahr NO - Phyllis Wells The motion failed to carry on a 2 - 3 vote. Phyllis Wells: Saw the arguments on both sides of the issue. Concerned with possible increase of traffic especially since much of the RH zone in the area remained to be developed. Also noted an increase in demand for a bike -walkway along Shields. 5. #86-78 Vipont - East Olive Rezoning. Description: Proposal to rezone .3 acres located on Olive Street at Mathews Street from R-H, High Density Residential District, to B-G, General Business District. Applicant: Vipont Chemical Company, 220 E. Olive, Fort Collins, Colorado, 80521. Gary Ross: Abstained. Eldon Ward: Explained zoning configuration. Gene Fischer - Representing the petitioner - Gave a brief history of the site and noted the present use had always been non -conforming. Noted that operating in two zones was inefficient and lowered the appraisal value. Said an economic reason also applied since lenders were unwilling to loan on a property with non -conforming status. Said if the rezoning were not granted Vipont would probably move out. Lucia Liley: Said Vipont could expand up to 25 percent. Gene Fischer: Said the proposed expansion would be closer to 50 percent. Phyllis Wells: Asked what the proposed expansion would entail. Gene Fischer: Said it would probably be less square footage than the buildings presently on the site. Gary Spahr: Asked about the parking. Dr. Ladonia - Director of Research at Vipont - Said about 20-30 spaces were avail- able. Planning and Zoning Board Minutes June 12, 1978 Page 9 Phyllis Wells: Thought the proposed use could be carried out with the present zoning. Gene Fischer: Reiterated the economic problem. Bob Burnham: Asked if the proposed use was permitted in the BG zone. Ed VanDriel: Asked if the reconstruction would all be done in the existing BG zone. Gene Fischer: Said it would but that loan money was not available with the split zoning configuration. Bob Burnahm: Asked if the appraisal value was valid if the use was not permitted in the BG zone. Lucia Liley: Asked the nature of Vipont business. Dr. Ladonia: Said it was basically drug research. Lucia Liley: Said the BG zone was geared to downtown retail uses. Said there was really a question whether Vipont operation was allowed in the BG zone. Les Kaplan: Asked if Gene Fischer thought the BG zone allowed drug research use. Gene Fischer: Thought Vipont was enough office oriented to conform to BG zoning. Bob Bunrham: Asked if counsel was comfortable with office/clinic use in the BG zone. Lucia Liley: Said more information was needed. Robert Evans: Said it appeared questionable whether the existing use was legally non -conforming. Gene Fischer: Said Art March said it was. Eldon Ward: Gave staff comments and a recommendation for denial: To change the zoning classification of an existing non -conforming use to make the use conforming is against the philosophy of planning and its implementation tool zoning. Admittedly, property owned by an individual and split into two spearate zoning districts is a poorsituation. however, in this instance, the problem stems from the petitioner's purchase, within the past few years, of the property to the west (lots 15 and 16). The present boundary separating the properties in question was established in the mid-1960's. The decision was apparently made at that time to create a legal non -conforming use at this site. The lot faces major cultural facilities of the City, the Planning and Zoning Board Minutes June 12, 1978 Page 10 Museum, the Library and a park. The staff believes the intrusion of BG zoning would not be in the best interests of the vicinity or the City as a whole. Staff Recommendation: Denial Ed VanDriel: Lucia Liley: G. Fischer: Phyllis Wells: Ed VanDriel: Lucia Liley: Charles Unfug: There was no second. Robert Evans: Gary Spahr: Vote: Although the petitioner states that a "change of conditions in the area warrants rezoning" he offers no evidence of the changed conditions, other than ownership. The Planning Department believes there has not been a change of conditions and if granted the rezoning would be detrimental to the area. Asked if counsel wanted time to research the uses permitted in the zone. Said only if the petitioner so requested. Told the Board it should just consider the present request for BG zoning. Said he was sure enough the BG zone allowed the proposed use. Asked for approval. Asked if the findings were enough to justify the rezoning request. Thought if there was no agreement between Fischer and Lucia Liley on uses permitted in the zone then it was useless to pursue the rezoning. Said she could have the information available at the time of the City Council hearing. Moved to recommend approval. Said he considered the area in the process of changing to BG uses. Saw no rationale for the requested rezoning. Moved to recommend denial. Seconded the motion. YES - Robert Evans YES - Ed VanDriel YES - Phyllis Wells. YES - Gary Spahr NO - Charles Unfug NO - Bob Burnham Thought rezoning criteria had not been met; that the long term impact would be construed as spot zoning; that the type of dwellings preserved in the. area would not be encouraged with the proposed rezoning and subsequent devel- opment. 0 Planning and Zoning Board Minutes June 12, 1978 Page 11 6. #87-78 Miller - Bristlecone Drive Rezoning. Description: Proposal to rezone 8 acres located on Bristlecone Drive east of College Avenue from I-L, Limited Indsutrial District, to H-B, Highway Business. Applicant: D. C. Miller & Company, 1635 Blue Spruce Drive, Fort Collins, Colorado, 80521. Eldon Ward: Gave a recommendation for approval based on the following comments. This request actually constitutes a downzoning to effectively enlarge an existing H-B, Highway Business Zoning District which fronts North College Avenue. A report, "The North Fort Collins - Evergreen Park Existing Land Uses and Zoning Study" prepared by the Fort Collins Planning Department in May, 1977, established planning ob- jectives for the north portion of the City in response to rezoning requests for approximately 76 acres in the Evergreen Park area in the Spring of 19-7. The following standards and objectives for evaluating the study area zoning pattern were established: 1. Zoning districts should be compatible with and preferably complimentary to the Fort Collins Expressway; 2. Zoning districts should promote land uses that are com- patible with one another and preferably functionally inter -related; 3. Such land use should be supportive to the Downtown and businesses along North College Avenue; 4. Designated zoning districts should be economically viable in the short run (5-7 years) in order to effectively deal with the increasing imbalances in the City's growth pattern; 5. The zoning districts should promote land uses which func- tionally and easthetically serve to help fill in the physical and psychological void between the Downtown and residential areas north of the City; 6. Zoning should be used as a means to stimulate development north of the Downtown area in a manner which promotes greater unity and clarity of land uses in north Fort Collins; 7. Zoning should not be in those district classifications for which there already is adequate and well -located acreage within the vicinity and the City as a whole; and 8. The zoning pattern should, to a reasonable extent, dis- courage industrial or urban density residential density in county locations. Planning and Zoning Board Minutes June 12, 1978 Page 12 The rezoning requests of Spring, 1977, were granted. Also, the process to annex and zone over 240 acres in the north- east portion of the City was started. The overall plan for north Fort Collins was established to: 1. Aid the Downtown Redevelopment Program with directly related and supportive surrounding land uses; 2. Re -enforce the Housing Rehabilitation Program in Ander- sonville, Alta Vista, and Buckingham through surrounding land uses; 3. Address the aesthetic and traffic flow problems of North College Avenue; and 4. Establish a City position of what constitutes a desirable pattern of growth for northeast Fort Collins. Staff Recommendation: Approval The proposed downzoning request is in line with stated City goals and Objectives for the development of northeast Fort Collins, The rezoning will contribute to the implementation of planning goals and objectives. Phyllis Wells: Moved to recommend approval. Charles Unfug: Seconded the motion. Vote: Motion carried unanimously. 7. #88-78 Shadowbrook P.U.D., Preliminary Plan. Description: Proposal for 60 multi -family units on 9.34 acres zoned R-P, Planned Residential District, located on Stuart Street west of Lemay Avenue. Applicant: Dick Siever, 2120 S. College Avenue, Fort Collins, Colorado, 80521. Eldon Ward: Gave the staff position and recommended approval subject to the following comments: 1. Intensity. Coverage by building and driveways is intense on the developable south portion of the site. The over- all density of the proposal, however, is a little over , that permitted by the zone. The staff does not feel that the proposed density is too high for this site con- sidering its location on a collector street and opposite a public park. We do, however, feel that building set- back should be increased along the east boundary of the site to 15', and to a minimum of 20' adjacent to existing residential uses. 2. Spring Creek: a. public trail. The site plan should indicate the public Spring Creek Recreational Trail. The plan for the trail • Planning and Zoning Board Minutes June 12, 1978 Page 13 calls for an 8' paved width in this section of the creek. Moreover, while total easement request and exact location of the path are not firm at this point, the City does not want to preclude the possi- bility of using the south side of the creek (which would necessitate shifting some building on this site); 2. b. public access. Continuation of the current pattern of development along Spring Creek will preclude general public access to the recreational trail. except at Stover and Lemay. The staff feel$ that a clearly designated public access should be provided from Indian Hills Park across Stuart Street through this site to the trail; C. engineering. Final utility plans will require data to corroborate flood plain delineation shown. Bridges and ponds on creek must be designed to allow free passage of storm flows (pond should include spillway section for overflow). 3. Parking. The staff does not feel that this project pro- vides enough overflow parking. The P.U.D. ordinance requires 118 off-street spaces for this number of bed- rooms, and does not permit a "tandem" space in a drive- way in front of a garage to count toward this require- ment. Thus we count only 89 spaces. Perhaps more impor- tantly only 14 of these are "common" spaces not adjacent to a dwelling unit. Moreover the Y.U.D. ordinance requires 2 offstreet parking spaces per d.u. where a 28' street is utilized. Thus significant additional common and "private" parking should be provided. 4. Private Street. Final plans aintenance guarantee should also include maintenance of private street. Signs at entrance should identify as a private street. Streets should be improved with concrete edges and without center- line inverted crown for drainage. 5. Emergency Access: a. dwelling unit at the end of Shadowbrook Court on the north side has inadequate fire access as it is located farther than 150' from fire access lane in Shadowbrook Lane. This unit should be deleted or shifted to meet distance requirement; b. curbs should be painted and signed. 6. Other: a. building elevations indicate a desirable exterior treatment with cedar shake roofs and rustic wood siding. This should be adhered to on the final plan; b. the site plan should indicate existing trees proposed to be preserved or removed; Planning and Zoning Board Minutes June 12, 1978 Page 14 C. "Shadowbrook Lane" is duplicative of existing streetname; d. utility lines should be indicated on the plan; e. on -site detention should be provided, and its location indicated on the preliminary plan. Gary Spahr: Asked what the setback was on the east and west buildings. Eldon Ward: Said 15-20 feet on the west and, at two spots, six feet on the east. Said the developer had agreed to increase the setback on final plans. Gary Spahr: Asked the distance between the two Stuart street curb cuts. Eldon Ward: Said it was 200 feet and was done at staff suggestion. Phyllis Wells: Asked if the interior street had two-way traffic. Eldon Ward: Said yes, with parking on one side. Gary Spahr: Asked if there was enough room to have parking and increase setbacks. Eldon Ward: Said yes. Ed VanDriel: Asked what the minimum required setback was. Eldon Ward: Said there was no prescribed setback but that staff was looking for 12-15 feet with screening. Dick Siever - Representing the petitioner - Complimented the staff on its help and cooperation. Had little objection to staff comments with the following exceptions: Preferred to have all parking off the street; preferred to have the Spring Creek Trail on the north side of the creek; objected to having an on site detention pond. Charles Unfug: Asked about screening along Stuart Street. Dick Siever: Said a berm and landscaping would be installed as indicated on the site plan. Gary Spahr: Asked about sight distance when backing from garages. Eldon Ward: Said eight feet was available between the garage doors and the street. Ed VanDriel: Moved to recommend approval subject to staff comments. Gary Ross: Said Siever's comments about the detention pond made sense. Eldon Ward: Said it was a standard comment but that Siever was probably right. Said the City Engineer had indicated it was a good Planning and Zoning Board Minutes July 12, 1978 Page 15 idea to remove water from the site efficiently and the only question was of slowing the runoff some. Said the problem could be answered on the final utility plan. Gary Ross: Seconded the motion. Vote: Motion carried unanimously. 8. #89-78 Anderson Subdivision, Preliminary and Final Plat. Description: Proposal for two single family lots on .5 acres zoned R-L, Low Density Residential District, located on Mulberry Street north and east of Locust Grove Drive. Applicant: Mark S. Anderson, 829 W. Mountain Avenue, Fort Collins, Colorado, 80521. Eldon Ward: Gave staff position and recommended approval subject to submission of an improvement survey for the existing property. Mark Anderson - Applicant - Had no problems with staff comments. Said he already had the improvement survey. Phyllis Wells: Moved to recommend approval subject to the staff comment. Charles Unfug: Seconded the motion. Vote: Motion carried unanimously. 9. #90-78 Hess Subdivision, Preliminary and Final Plat. Description: Proposal for 3 single family lots on .54 acre zoned R-L, Low Density Residential District, located on Orchard Place at Rocky Road. Applicant: Archie D. Hess, III, 246 Overland Trail, Fort Collins, Colorado, 80521. Gary Ross: Abstained. Eldon Ward: Gave staff recommendation for approval subject to clarifica- tion of the dedication of adjacent rights -of -way and sub- mission of acceptable utility plans. Bob Burnham: Asked if it wasn't a requirement to show the immediate environs. Eldon Ward: Said that was the fault of staff. Charles Unfug: Asked what was happening in the vicinity. Asked how lot sizes of the subdivision compared to others in the area. Eldon Ward: Said they were comparable. Charles Unfug: Moved to recommend approval subject to staff comments. Planning and Zoning Board Minutes July 12, 1978 Page 16 Phyllis Wells: Seconded the motion Vote: Motion carried unanimously, with Gary Ross abstainting. 10. #91-78 Newman Subdivision, Preliminary and Final Plat. Description: Proposal for two single family lots on .76 acre zoned R-L, Low Density Residential District, located on Prospect Street east of Overland Trail. Applicant: Marc J. Newman, 3621 W. Bingham Hill Road, Fort Collins, Colorado, 80521. Eldon Ward: Gave staff recommendation for approval subject to clarifi- cation of adjacent R.O.W.'s and approval of utility plans. Phyllis Wells: Asked about access for the north lot. Eldon Ward: Said it would come from Lake Street. Ed VanDriel: Moved to recommend approval subject to staff comments. Gary Spahr: Seconded the Motion. Vote: Motion carried unanimously. 11. #92-78 Nor -Colo Subdivision, Preliminary and Final Plat. Description: Proposal for a one lot subdivision on 5.5 acres zoned I-L, Limited Industrial District, and H-B, Highway Business District, located on Midpoint Drive east of Timberline Road. Applicant: Nor -Colo Distributing Company, 2428 4th Avenue, Greeley, Colorado, 80631. Eldon Ward: Gave staff recommendation for approval subject to staff comments: 1. The disposition of the southwest 100' along the C&S Railroad should be clarified, the area is indicated both as right-of-way and as a utility easement; 2. The zoning line should be indicated on the plat, as it may affect proposed uses. Gary Ross: Abstained. Ed VanDriel: Asked if site spanned two zones. Eldon Ward: Said, yes. Gary Spahr: Moved to recommend approval subject to staff comments. Phyllis Wells: Seconded the motion. Charles Unfug: Asked why the applicant wanted only one lot on two zones. Planning and Zoning Bit Minutes July 12, 1978 Page 17 Dennis Hogerty - Applicant - Said only the IL zone was currently planned for development and that later a P.U.D. would be submitted for the HB site. Charles Unfug: Asked if it all would be one use. D. Hogerty: Said, yes. Vote: Motion carried unanimously. 12. #96-78 Highland Plaza Subdivision, Preliminary Plat. Description: Proposal for 7 commercial lots on 43.6 acres located on College Avenue north of Harmony Road. Proposed zoning is H-B, Highway Business District. Applicant: Troutman Farms, c/o M&I Engineering, 4710 S. College, Fort Collins, Colorado, 80521. Eldon Ward: Gave staff position and recommended approval subject to the following comments: 1. 'Traffic Circulation: a. Street pattern appears to be compatible with street pattern projected by the City and County planning staff for adjacent areas; b. Final plat should contain a note to the effect that lots fronting on S. College Avenue will not have direct curbcut access onto S. College. Bob Burnham: Asked if a signalized intersection was agreeable to the State Highway Department. Eldon Ward: Said, yes. Ed VanDriel: Asked about a frontage road. Eldon Ward: Said it was preferable to avoid them and cited the Fashion Mall as an example. Ed VanDriel: Asked why the intersection had to be signalized. Eldon Ward: Explained it would help left turns in and out and would facilitate a smooth flow of traffic. Charles Unfug: Asked if Troutman were to be divided. Eldon Ward: Said it was so indicated on the plan. Bob Burnham: Asked who would maintain the islands. Lloyd McLaughlin - Representing the applicant - Said they would be privately maintained. Planning and Zoning July 12, 1978 Page 18 Board Minutes Carr Bicker - Representing property owners on the east side of College Avenue - Said he was not really opposed but requested time to complete a traffic engineering study. Said the study was analyzing potential land uses and traffic circulation. Said he was looking at: - major access points - right turn only - frontage and collector locations Said these were important for an overall masterplan of the area. Said a particular focus was on street light loca- tions and that the staff recommendation was only one option. Requested a few more weeks to study the issue. Noted the cooperation shown between the City, County and property owners over the location of roads, lights, curb cuts in the area. Bob Burnham: Shared Bicker's concern and thought the whole area should be seen. Phyllis Wells: Was encouraged by the attempt at communication. Thought a one month delay would help to find a good solution to the street pattern. Charles Unfug: Asked what effect a delay would have on the applicant. Milo Bunker - Applicant representative - Said a lot was riding on the proposal and said an answer was essential immediately. L. McLaughlin: Said the proposed layout was essentially a proposal made by the City Engineering staff. Said he had met with property owners. Gary Ross: Asked when City Council would see the item. Eldon [,Yard: Said probably the second July meeting. Gary Ross: Suggested ZVFK (Carr Bieker) could present its' proposals then. Ed VanDriel: Thought it unwise to rush the issue without a comprehensive overview. Moved to table the item 30 days but with the assurance it was heard by City Council at its second July meeting. Gary Ross: Said the land east of College was not even in the City. Thought tabling was unreasonable. Bob Burnham: Wanted to see recommendations from both sides. Marc Middel - Property owner directly across College Avenue from Troutman - Said within a month the ZVFK study would be completed. Planning and Zoning Board Minutes July 12, 1978 Page 19 Charles Unfug: Seconded the motion. Robert Evans: Said it was in the developer's interest to wait for com- pletion of the study. Vote: Motion carried unanimously. 13. #40-78A Boxberger Business Center, Revised Preliminary Plan. (County Referral) Description: Proposal for 43 commercial lots on 46.9 acres zoned C-Commercial, and I -Industrial, located at the north- east corner of the Colorado 14 -- I-25 Interchange. Applicant: John Boxberger, 5100 E. County Road 50, Fort Collins, Colorado, 80521. Eldon Ward: Gave staff recommendation for approval. Charles Unfug: Moved to recommend approval. Ed VanDriel: Seconded the motion. Vote: Motion carried unanimously. 14. #93-78 Replat of Lots 1 and 2, Block 1, West Acres. (County Referral) Description: Proposal to replat two lots on 1.0 acre zoned FA, Farming, located on LaPorte Avenue east of Overland Trail. Applicant: Lulu Taylor, 3804 Goodell Lane, Fort Collins, Colorado, 80521. Eldon Ward: Gave staff recommendation for approval. Robert Evans: Moved to recommend approval. Charles Unfug: Seconded the motion. Vote: Motion carried unanimously. 15. #94-78 Weng - County Road 11 Rezoning. (County Referral) Description: Proposal to rezone 59 acres located on County Road 11 at County Road 54 from 0-Open to FA-1, Farming. Applicant: Kenneth Weng, 3705 N. County Road 11, Fort Collins, Colorado, 80521. Eldon Ward: Gave staff recommendation for denial based on the following comment: The staff does not feel that zoning should be assigned to ease real estate transactions. Nor do we wish to establish the Planning and Zoning Board Minutes July 12, 1978 Page 20 possibility for large low density subdivisions in the area. Bob Burnham: Asked what the County Land Use Plan indicated for the site. Eldon Ward: Said it showned no development. Charles Unfug: Moved to recommend denial. Gary Spahr: Seconded the motion. Vote: Motion carried unanimously. 16. #95-78 Pomeroy - Long Pond Special Use Review. (County Referral) Description: Proposal for a use requiring special review on 160 acres zoned FA-1, Farming, located north and east of Long Pond. Applicant: Pomeroy Producing, 1001 Empire Savings Building, Denver, Colorado, 80202. Gary Ross: Abstained: Eldon Ward: Recommended approval subject to County review. Ed VanDriel: Moved to defer all decisions to the County. Charles Unfug: Seconded the motion. Vote: Motion carried unanimously, Gary Ross abstaining. Other Business a. Revision to landscaping, lots 1, 2, L.C. Moore's Subdivision, 1st filing. Eldon Ward: Gave staff recommendation for approval subject to City input on the parking lot configuration. Bob Burnham: Questioned how much parking would be gained. Charles Unfug: Asked if lot would be paved. Robert Siberud - Applicant - Said it would be paved. Charles Unfug: Concerned about the effect of asphalt on the Evergreen trees. Bob Burnham: Suggested the City Arborist be involved. Gary Ross: Moved to recommend approval subject to staff comments. Robert Evans: Seconded the motion. Planning and Zoning Board Meeting July 12, 1978 Page 21 Vote: Motion carried unanimously. b. Zoning of Horsetooth - Harmony Annexation west of the C&S railroad tracks. Eldon Ward: Gave staff position and recommended approval for the proposed 61.4 acres of R-L-P, 20.4 acres of R-P, and 16.5 acres of H-B. Les Kaplan: Outlined recent changes to the Park South site and recommended its zoning configuration be approved. Warren Dilsaver - Developer, Park South - Agreed with Les Kaplan. Les Kaplan: Noted the Park South developers agreed to improve Horsetooth Road. Charles Unfug: Moved to recommend approval of the proposed zoning. Phyllis Wells: Seconded the motion. Vote: Motion carried unanimously. The meeting adjourned at 10:30 p.m. �1 1 r`1 i'./ C'� •il ���t 1 7 f REAL ESTATE APPRAISER • VALUATION: CONSULTA! T PHONE: 303/422-0211 SUITE 470 SAVINGS BLOO. M COLLINS. COLo E0521 June 12, 1978 Mr. Gene Fischer Suite 900, Savings Building Fort Collins, Colorado 80521 Subject: Vipont Property 22.0 East Olive Street Fort Collins, Colorado Dear Mr. Fischer: This letter will confirm my conservation with you concerning the above property with respect to the present rezoning request. I completed a narrative appraisal on the property in July, 1977 and accordingly, am very familiar with the property as well as the neighborhood. It was my recommendation to Vipont to rezone the property to conform with the present property use. The substantial improvements are located on the "I:-lI" zoned portion of the site and are recognized as a non -conforming use. The "B-G" zoned land is improved with two old houses which have question�.,ble utility and may be viewed as an interim use only. Continued use of the property with. the two zoning classifications. is complicated. It is difficult to anticipate further development of the property, because of the uncertainties created by the two zoning classi- fications. The subject is and has been compatible with the neighborhooc' for many years. Physically, the main building could be developed com- pletely with laboratory and office use, with remodeling of the building. With "B-G" zoning the off-street parking requirement of the "B-G" zone could easily be satisfied on a portion of the existincl "B-G" land west o_ alley. With the "R-H" zoning it is not possible to provide the required off-street parking without obtaining a variance. Approximately 81 spacea are needed in an "F.-II" zone to satisfy the 12,000-1- square foot building, Ell which using a ratio of 300 square feet of parking per would o ile Is highly equivalent of over 24, 000 square feet of parking. It N/, unreasonable to impose this type of parking requirementoilthe property. The logical method of resolving the problem is to obtain B-G zoning. To: The Planning and Zoning Board, Ft. Collins, Colo. From: Skyline Mobile Park and Charles & Patricia A. Hoffman 2211 W. Mulberry, Ft. Collins, Colo. Re: Rezoning request #83-78 Baetz - West Mulberry We are opposed to the rezoning request and believe it should be denied for the following reasons. The requested rezoning is asking for permission to build apartments in an area that is zoned and developed RL, single family. Bounding on the West is all RL and developed. To the ;.North it is also developed and is RL. On Mulberry to the East it is RL. Only the Southeast is still undeveloped, but all adjacent land is RL. We believe that if this was rezoned it would be completely out of character with the now developed neighborhood (spot zoning). If the perimiter is extended a little further in consideration as the request has asked, we find that there is also another RL developement, on Briarwood St. before you reach apartments, which are off Laporte, not Mulberry. The mobile home park is LOW desinity, and at the decision of past zoning and Councils, this was the zoning for the whole area. It would be totally unfair to now change the zoning and surround a low desinity developement with apartments. If the change were 'ride in this area, it would direct the change in the two adjasent properties. There is no need for the rezoning. On Elizabeth St., just off Taft Rill, there is a parcell of land that has been rezoned to allow apartments. It is in the proximity of other apartment) but, has not been developed hnd has been rezoned for several years. Therefore there is no need in this larger area for any more higher density rezoning. The City in the past has paid for advise on the area zoning and it was recommended and zoned RL. We believe the City should follow the recommondation tha' was paid for and acted upon by past zoning boards and Councils. To sum up, we believe the rezoning should be denied because it is out of nature with the present surrounding development. It is contrary to past decisions - by the City. There is no need. Thank you, l/ DECEIVED JUN 12 1978 Planning Department • i mr...r PETITION We residents and owners petition the Planning and Zoning Board to recommend denial of the application for rezoning by Mabel F. Baetz, West Mulberry Rezoning #83-78. It is well documented that Ponderosa is already a high density road through a low density neighborhood. Any development of the property at a density higher than that which is now allowed will be detrimental to the quality of the neighborhood, and to the safety of its residents and their children. NAME ADDRESS Jil-e a"-) POI 2!w-) f?d- PHONE YV10117 . 1 rl C} &tl✓;i�n� y , O✓��lL�'��awf ''rl�/�).� G � 21l /y: �I�i.�iu- , #,�G �f �� � 7/.%-7.. . !f w'el CE n ���� ,6-• �'�� . z zip w. �i,�� ,.Z. 4��`�- /7/ 0 J, PETITION We residents and owners petition the Planning and Zoning Board to recommend denial of the application for rezoning by Mabel F. Baetz, West ➢:ulberry Rezoning //83-78. It is well documented that Ponderosa is already a high density road through a, low density neighborhood. Any development of the property at a density higher than that which is now allowed will be detrimental to the quality of the neighborhood, and to the safety of its residents and their children. NAI4E ADDRESS PHONE Y .1111-10 P14MIR: ' :a79Y1tYYUlE We residents and owners petition the Planning and Zoning Board to recommend denial of the application for rezoning by Mabel F. Baetz, West Mulberry Rezoning #83-78. It is well documented that Ponderosa is already a high density road through a lour density neighborhood. Any development of the property,at a density higher than that which is now allowed will be detrimental to the quality of the neighborhood, and to the safety of its residents and their children. .�..m .TT11,1 vviiMI NAPE ADDRESS PFONE s PETITION r We residents and oVmers petition the Planning and Zoning Board to recommend denial of the application for rezoning by Dlabel F. Baetz, West Bilberry Rezoning 1/83-78. It is well documented that Ponderosa is already a high density road through a low density neighborhood. Any development of the property at a density higher than that which is now allowed will be detrimental to the quality of the neighborhood, and to the safety of its residents and their children., NAME ADDFESS PHONE g a s ponje.05 a "3-663 iIf- 5 /3-�d'S'— c b E FETITIOA We residents and owners petition the Planning and Zoning Board to recommend denial of the application for rezoning by Mabel F. Baetz, 'lest Mulberry Rezoning #8378. It is well documented that Ponderosa is already a high density road through a lox density neighborhood. Any development of the property at a density higher than that which is now allowed will be detrimental to the quality of the neighborhood, and to the safety of its residents and their children. NAIfd ADDRESS nn PHONE 0 • - �P.� -�33 y1- `13- 63 5 11 yR(f- 3 ?"AT.T7. ADDRESS PHONE STNIE OF COLORADO SS. COUIUY OF LARL ER Affidavit Paul D. Baetz, being first duly sworn, upon oath deposes and says that he observed all of the above nar,ted persons sign the foregoing document entitled "Baetz jdest Nnxlberry Rezoning", and write the words and dates following the signatures, that all of said persons are owners of property situate in the neighborhood of the subject property, and that they all signed of their own free will after being advised that the maximum density allowable in an RP area is 12 units per acre. June 12, 1978 2- , Paul D. Baetz State of Colorado ) County of Iarimer ) Paul D. Baetz appeared before me on June 12, 1978 and upon oath stated that the facts set forth in the foregoing affidavit are true of his own knowledge. Pty Commission expires Witness rqy hand and officia 1�a Notary Public Pn1ITI0DEER'S EXHIBIT B BAE"PZ WEST P•NLBERRY REZOi4TNG IN `i'iy, I/14TTER OF the petition of MABEL F. BAY -CZ, 2309 West Mulberry Street, Fort Collins, Colorado, to rezone 8.755 acres (all of her land), located adjacent to ldest Miulberry Street and Ponderosa Drive, from R-L (Low density residential) to R-P (Planned residential), the undersiged 0vaners of property located within 500 feet of said land do hereby express their approv- al or gave no objection to such rezoning, as indicated after their sigpatures. NAI-E POSITION (Approve or No Objection) 7,9 J', '- PETITIONER'S State of Colorado ) EXHIBIT C SS AFFIDAVIT County of Larimer ) __ Paul D. Baetz, being duly sworn, upon oath deposes and says that on June 11, 1978 he had telephone conversations with the persons named hereinafter concerning the "Baetz Hest Mulberry Rezoning" petition, and that during said conversations, said persons authorized the under- signed to state at the Planning and Zoning meeting on June 12, 1978, that each of them, for themselves and in the representative capacity indicated, have no opposition to the proposed rezoning from RL to RP classification. Sigfrid S. Palm and Alice M. 1-lard for herself Cecilie E. Palm and as Trustee for Donald 0. Pearson Charles D. I -lard & N.R. Saylor Janet Douglas, Trust Officer First National Bank of Fort Collins, Colo. Trustee for the estate of Ramola M. Flinn, Deceased. June 12, 1978 Paul D. IIaetz State of Colorado ) SS County of Lari er ) Paul D. Baetz appeared before me on June 12, 1978 and upon oath stated that the facts stated in the foregoing Affidavit are true of his orm knowledSe. I-W Calrimisslon expires I'-- '. Witness ray hand and STATE OF COLORADO ) SS. Affidavit COUNTY OF LARIfER ) Paul D. Baetz, being first duly sworn, upon oath deposes and says that he observed all of the above named persons sign the foregoing document entitled "Baetz West Mulberry Rezoning", and write the words and dates following the signatures, that all of said persons are owners of property situate in the neighborhood of the subject property, and that they all signed of their own free will after being advised that the maximum density allowable in an RP area is 12 units per acre. June 12, 1978 State of Colorado ) County of Larimer ) Paul D. Baetz appeared before me on June 12, 1978 and upon oath stated that the facts set forth in the foregoing affidavit are true of his own knowledge. Any Commission expires J " Witness my hand and official �C ���Publi_—c � • Emm• 191' Eff"OF14THWErm BAETZ WEST MULBERRY REZONING IN THE MATTER OF the petition of MABEL F. BAETZ, 2309 West Mulberry Street, Fort Collins, Colorado, to rezone 8.755 acres (all of her land), located adjacent to West Mulberry Street and Ponderosa Drive, from R-L (Low density residential) to R-P (Planned residential), the undersigned owners of property located within 500 feet of said land do hereby express their approv- al or have no objection to such rezoning, as indicated after their signatures. NAME POSITION (Approve or No Objection) State of Colorado ) SS County of Larimer ) AFFIDAVIT Paul D. Baetz, being duly sworn, upon oath deposes and says that on June 11, 1978 he had telephone conversations with the persons named hereinafter concerning the "Baetz West Mulberry Rezoning" petition, and that during said conversations, said persons authorized the under- signed to state at the Planning and Zoning meeting on June 12, 1978, that each of them, for themselves and in the representative capacity indicated, have no opposition to the proposed rezoning from RL to RP classification. Sigfrid S. Palm and Alice M. Ward for herself Cecilie E. Palm and as Trustee for Charles D. Ward & N.R. Saylor Donald 0. Pearson Janet Douglas, Trust Officer First National Bank of Fort Collins, Colo. Trustee for the estate of Ramola M. Flinn, Deceased. June 12, 1978 Paul D. Baetz State of Colorado ) SS County of Larimer ) Paul D. Baetz appeared before me on June 12, 1978 and upon oath stated that the facts stated in the foregoing Affidavit are true of his o-wn knowledge. My Comnission expires / — ' Witness my hand and offici Notary is June 12, 1978 Page Two • 0 The neighborhood lend use is currently a mixture of the following: high-rise senior citizen apartm^nts and parking lot to the south city library to the east mortuary and single family houses in the block southeast two apartments, two houses, mortuary and tire shop in remainder of the block to the north central business district to the west. The character of the neighborhood with rezoning would not change physically, economically, or socially from the present. The rezoning would allow an orderly development of the subject. The supply of "B-G" zone land in the central core is limited when considering the fact that the central business district fully utilizes most of the "B-G" zoned land. The available "B-G" land for redevelopment is limited to the Remington Street location and a few scattered sites along Canyon Avenue and Mason Street. The one-half block immediately west of the subject in effect was removed from the inventory when the city acquired and developed this one- half block into a parking lot. As Fort Collins continues to grow, more emphasis may be anticipated for expansion of the central core of the city. These were the reasons th t ss:rved as the basis of my recom- mendation to Vipont for consideration of a zoning change. Very truly yours, /Jerr/S. Moore l� M.A.1., S.R.P.A. JSM/be