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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 11/21/1983E MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD FOR THE CITY OF FORT COLLINS November 21, 1983 The regular meeting of the Planning and Zoning Board for the City of Fort Collins was called to order by Chairman David Gilfillan at 6:31 p.m., on November 21, 1983, in the Council Chambers of the New Municipal Building, 300 West LaPorte Avenue, Fort Collins, Colorado. Board members present included: David Gilfillan, Tim Dow, Randy Larsen, Sharon Brown, Don Crews, Gary Ross, Ingrid Simpson, and Dennis Georg. Staff present included: Curt Smith, Mauri Rupel, Cathy Chianese, Joe Frank, Sherry Albertson -Clark, Ken Waido, and Renee Oldham. Legal representative was Ken Frazier. Staff member Rupel reviewed the items on the Consent Agenda. These items included: Southridge Greens PUD, Tract G, Mail Creek Village - Final, #9-82I; Southridge Greens PUD, Fairway II, Amended Plat, Preliminary & Final, #9-82J; Wingfield PUD - Revised Final, #71-78A; Park South PUD - Final, #166-79B; Mourning Subdivision - Preliminary & Final, #85-83; Cambridge Place PUD - Revised Final, #44-83; and North Weld Water District Special Review - County Referral, #57-83A. Member Georg made a motion to approve the Consent Agenda. Member Simpson seconded the motion. The motion carried 7-0. SPRINGBROOK ANNEXATION - #55-83 Ken Waido presented the item to the Board. Member Georg made a motion to recommend this item for approval to City Coun- cil. Member Crews seconded the motion. The motion carried 7-0. SPRINGBROOK ANNEXATION ZONING - #55-83A Ken Waido stated that the requested zoning for this annexation was B-P, Planned Business, and R-P, Planned Residential. In the B-P zone any residential development up to a duplex is a use by right and any commercial development must be submitted as a P.U.D. In the R-P zone, any development for more than single family residences must be submitted as a P.U.D. Staff is recommending a stipulation be placed on all development to be submitted as a P.U.D. Chairman Gilfillan asked if the bike path was considered. Waido responded that at development of the Dixon Creek Sewer line or platting of a development, the bike path would be included. P & Z Minutes • November 21, 1983 Page Two Member Ross asked what the acreage of the annexation was and wondered if it was too small for development requiring the developer to request waivers for street improvements, etc. Waido responded that P.U.D.'s had come in with as few as 1.8 acres so the size cannot be a concern. Jim Norris, a resident of the neighborhood, spoke regarding the noise pollu- tion from Drake, wanted to keep the pleasant neighborhood and did not want to see condos going into the area. Chairman Gilfillan stated that concerns will be taken into account at the time of hearing of a proposed P.U.D. Member Ross stated that the type use of single family residences only cannot be placed as a restriction on the zoning. The possibility exists for condos to be submitted for development. Norris then asked when objections would be heard. Member Ross stated that under the Land Development Guidance System the neigh- bors can make their concerns heard at the time of public hearingon the sub- mitted project. Chairman Gilfillan asked if anything would be forthcoming from the applicant regarding this annexation. Waido stated that development was not planned in the near future, it would probably be 2-3 years before the applicant submitted any proposal. Walt Beckley, a resident in the area, was curious about the floodplain in the proposed annexation. Waido stated the floodplain is not an official zoning district. It was designated so development would not interrupt flow of water. Development would not occur in the floodway. In the floodplain, residences must be one foot above the floodplain and commercial development must be made flood proof. No federal money is available for development in the floodplain without flood insurance. Beckley then asked where development would be located because you can see seepage in the area. Waido stated that would be an engineering problem and soils testing would have to be done. Beckley stated he had heard from people in the Georgetown development that they did not know they were in the flood - plain. Chairman Gilfillan stated when Georgetown went through the PUD system, the developer knew about the floodplain and compensated for it. The question of the easement for the sewer line was presented by Beckley. Waido stated they would probably negotiate that when any development was planned to obtain an easement from Beckley. Beckley then stated the Georgetown development was approved for 2 stories and they are 3 stories. Gilfillan stated it was not a matter of stories, but the height of the buildings they approved. — P & Z Minutes November 21, 1983 Page Three Jack Ahnstead, a resident 200 feet west of Taft Hill, stated the development in the area was causing a traffic hazard, asked why there was so much devel- opment in the area, brought up the tax increase, and what does the neighbor- hood gain. Chairman Gilfillan stated that in a voluntary annexation, the property owner is given the option of annexing, if surrounding neighbors wish to annex and you do not, you do not have to be annexed into the City. Ahnstead stated that many of the property owners around him were thinking about annexing, what would happen to him? Chairman Gilfillan stated that there is a potential for annexation, however, Ahnstead does not have to annex. If after owners completely surrounding him annex to the City, after three years the City can force annexation of his property. Ahnstead asked about the proposed bike -pedestrian trail. Waido stated that Spring Creek is a "leg" of the bike -pedestrian trail which begins at the Poudre River, goes through the City and will go up through Spring Creek, through the foothills and connect with the Poudre River trail making a total of approximately 31 miles of bike -pedestrian trail throughout the City and foothills. This is part of the City Open Space plan to be implemented within the next 4 years. Ahnstead was concerned if he is facing immediate condemnation proceedings. Waido stated he cannot define immediate. Member Dow moved for approval of the Springbrook Annexation Zoning conditioned on PUD submittal. Member Ross seconded. Waido stated this would go to City Council for first reading on December 20, 1983; second reading on January 3, 1984. The motion carried 7-0. Members Dow and Larsen excused themselves because of a possible conflict on the next four (4) items. COUNTRY CLUB NORTH FIRST ANNEXATION - 73-83 Ken Waido gave a summary of the Country Club North First Annexation. Member Brown asked how much land was left to be annexed in the north. Waido stated that is not applicable. For those residents that wish to annex, 50% of the owners and residents of the area have to be in favor of annexation. To force annexation an area must be completely surrounded by City limits for a period of three years. Member Ross asked if the right-of-way can be used to force annexation. Waido stated it could not. Member Simpson asked Member Georg if he was satisfied that the mineral rights problem had been solved. Member Georg answered that he was concerned about potential mineral rights, but this was not an issue. P & Z Minutes • November 21, 1983 Page Four Member Ross moved to recommend approval of the annexation to City Council, seconded by Member Georg. The motion carried 6-0. COUNTRY CLUB NORTH FIRST ANNEXATION ZONING - #73-83A Ken Waido gave a summary of the requested zoning for the Country Club North First Annexation. Chairman Gilfillan asked Waido to explain the T zone. Waido explained that a property owner can annex without a development commitment and return to the City at the time of development and request a re -zoning of the property. The City must then act on the request within 60 days. Member Ross asked what the smallest parcel for PUD development could be sub- mitted. Waido answered the minimum was formerly 2 acres, but there is no minimum requirement anymore. Member Georg moved to recommend approval of the proposed zoning for the Coun- try Club North First Annexation Zoning to Council, seconded by Member Crews. The motion carried 6-0. COUNTRY CLUB NORTH SECOND ANNEXATION - #74-83 Ken Waido presented a summary of the proposed annexation stating that Norman Jewett has not signed the petition to date and there is a question as to if he will sign it. Mr. Jewett's property consists of 37 acres in the middle of the annexation petition. Chairman Gilfillan asked Mr. Jewett if he wanted to sign the petition. Norman Jewett stated he wanted a stipulation to be allowed to discharge firearms on his property. He keeps sheep and if an animal attacks them he wants to be able to protect them. Ken Frazier, legal representative, stated that the City Code does not permit the discharge of firearms in the City limits, but that Colorado law permits discharge under the circumstances described. Chairman Gilfillan asked Waido if he has to sign the annexation petition. Waido answer that he must sign before City Council would approve the annexa- tion. Member Ross asked what would happen if Jewett decided not to sign the petition. Frazier stated that the insertion of a clause like "in the event" in the recommendation to City Council would be acceptable. Member Ross asked about the advisability of recommending approval without Jewett. Waido said staff would still recommend approval of the annexation. Member Brown then asked if after 3 years the City can force Jewett to be annexed. Waido stated "yes". Member Ross made a motion to recommend the approval of the annexation to City Council- and that in the event Jewett -withdraws from the annexation, the Board recommends approval of the remaining property to be annexed. Member Georg seconded the motion. The motion carried 6-0. Member Simpson wanted to go on record expressing her concern for the developments not being annexed. P & Z Minutes • November 21, 1983 Page Five COUNTRY CLUB NORTH SECOND ANNEXATION ZONING - #74-83A Ken Waido summarized the requested zoning for the Country Club North Second Annexation. Norman Jewett desires the zoning to be T-Transitional to allow him to continue with the present use on the property. Max Hoffman is requesting R-L-P, Low Density Planned Residential, for his property. Member Brown stated she had received a call from Venables who wanted to be on record that any development should be compatible with the existing develop- ment. Chairman Gilfillan stated they cannot make a stipulation on the zoning to that effect. Each development will be reviewed as it is submitted. Waido stated he had received a call from Russ Pomeroy who had no objection to the annexation and zoning but wanted the Board aware of the fact that he does have an oil operation on the property. Member Simpson asked if there is any development seen in the immediate future. Waido stated no plans for development have been submitted. Member Ross moved to recommend to City Council approval of the requested zoning, R-L-P, Low Density Planned Residential; and T-Transitional, with all development to be submitted under a PUD. Member Crews seconded the motion. Chairman Gilfillan added that if Jewett does not follow through with the annexation, the zoning would be R-L-P only. Member Ross thanked the staff for answering all the Board's questions. The motion carried 6-0. WEST SWALLOW PUD - MASTER PLAN - #80-83 Members Dow and Larsen returned to participate in the meeting. Chairman Gilfillan noted that Member Simpson was not present and Member Larsen would be filling in for her. Joe Frank summarized the project presented in the West Swallow PUD - Master Plan. Member Crews questioned the "ultimate" 600 people working in the develoment. Eldon Ward, architect/planner for the developer, stated that 600 would be on the high side, the figure would more likely be 400-425. Member Brown stated the density of the multi -family housing density of 144 is high; the Board will be looking closely at the density at the preliminary hearing. Ward stated the applicant will be submitting in the next couple of months. Member Ross asked where the highest building will be and if it will be 40 feet in height. Ward stated he was not sure where the highest building would be placed, but that it would not be over 40 feet in height and that he had put 40 feet on the plan to indicate they were not planning to ask for a variance of the height ordinance. P & Z Minutes November 21, 1983 Page Six Member Georg asked if the indoor recreational uses could be excluded or used as secondary uses. Ward said they can place an exemption on the plan, that would be acceptable to the applicant. Member Brown expressed concern of the proximity of the high school and the indoor recreational uses were a concern to her. Member Crews moved to approved the West Swallow PUD - Master Plan, seconded by Member Ross. Member Brown would like clarification of the exemption on arcade games. Chair- man Gilfillan felt it was not necessary at this time. Frank said the developer has no clear idea of what is going to be submitted. Member Ross said there was no necessity to change the motion since this could be clarified at the time of hearing. The motion carried 7-0. WEST SWALLOW PUD, PHASE 1 - PRELIMINARY & FINAL - #80-83A Joe Frank summarized the day care center planned for the first phase of the West Swallow PUD. Chairman Gilfillan asked about the traffic flow and parking. Frank stated it should move smoothly since most children were dropped off before the high school students would be going to school and picked up after school was out. Member Dow asked how far is the entrance from Shields Street. Frank and Eldon Ward, architect/planner for the developer, stated it was 142 feet center line to center line. Member Dow asked how many cars queue up and the width of the driveway. Frank stated it would be 28 feet wide and 2 cars, however, it could function well with 5 cars. Ward indicated the center will operate from 6:30 a.m. to 6:30 p.m. and peak between 7:30 and 7:45 a.m.; there would be about 3-4 cars at peak time. Member Ross stated it is an involved process with dropping off and picking up children. Member Dow asked the capacity of the day care center. Ward said it could hold 100 children much like La Petite and Childrens World. Member Brown asked if there would be parking on the south side of the drive way. Ward stated there would be parking on the north side of circle only, the south side would be designed so that parking would not be feasible. Member Simpson asked about the fencing around the project. Ward stated a foot solid fence would encircle the entire playground with screening and there would be a toddler area with a 3-4 foot fence. P & Z Minutes • November 21, 1983 Page Seven Member Brown asked about landscaping around would be ivy and other plantings. Member non-desiduous landscaping like conifers. the parking lot. Ward stated there Simpson would like to see more Member Brown asked about energy conservation. Ward stated there would be additional insulation, thermal windows and no north windows. Member George made a motion to approve the West Swallow PUD, Phase 1 - Prelim- inary & Final, seconded by Member Ross. The motion carried 7-0. Chairman Gilfillan noted Member Simpson had returned and Member Larsen would return to alternate. SUPERIOR DATSUN PUD - PRELIMINARY - #83-83 Joe Frank gave a description of the project. Chairman Gilfillan asked what development would do for streets and where the entrance would be. Frank stated all streets would be developed and the entrance is on Mason Street so that Kensington to College Avenue must be improved. Member Georg would like definition of "center". Frank said the LDGS defines a neighborhood shopping center as having a grocery store as its base. An auto -related commercial is not located by single use at the corner of Mason and Kensington. Member Georg stated it is hard to conceive the points based on the shopping center. Member Georg asked if the landscaping will shield the expanse of parking area. Chairman Gilfillan stated there is a slight slope on the property and asked the direction of the slope. Frank stated the slope is from northwest to southeast. Member Georg asked about the breakup of the pavement and the height of the berm on College and Harmony. Frank stated there would be 2-3 foot berms. Member Simpson inquired as to the percentage of desiduous and percentage of evergreens. She would like the issue resolved before final. Chairman Gilfillan inquired if detention would be required on the site. Rupel stated the site is located on a large storm drainage system. Member Brown asked if it went down Kensington. Rupel replied "no", that it went down College and dumped into Mail Creek Bob Sutter, architect for the project, spoke to say that Frank had expressed landscape concern. Chairman Gilfillan asked if the landscaping would be higher than College. Sutter responded it would be about 3 feet higher with a tiered auto display to be broken up with landscaping. Desiduous and evergreens would be located on P & Z Minutes • November 21, 1983 Page Eight Harmony. College kind of "now you landscaped also. Avenue would have "windows of vision" to create interest, a see it, now you don't" effect. The back of the site will be Chairman Gilfillan asked where the new cars would be displayed. Sutter replied on the northeast corner of the site. Chairman Gilfillan would suggest the used cars be located away from College. Is there room for potential expansion? Sutter stated the applicant would display used cars creatively, not showing the beat -up cars, but would show the nice used cars the dealership would be offering. There is room for expansion to the north and west. Chairman Gilfillan inquired as to signage. Member Brown asked if the sign could be seen through security fencing. Sutter responded that a decorative fence would be used and the sign would comply with the sign code of the City. Member Brown asked if the solar access would be agreed upon by final applica- tion. Sutter stated they were looking at various ideas, they would have it tied down at final. Member Larsen inquired as to the restaurant and offices, and the parking for them. Sutter replied they were looking at the ratio for parking. They have "V number of spaces and will look for a use to coincide with the number of parking spaces. Member Georg stated it was a hard location to develop. There is something more than just pyschological about all the pavement, he would like to see the pavement broken up with more landscaping. He made a motion to approve the project, the final not to be placed on the Consent Agenda. Member Dow seconded the motion and stated he shares the concerns of landscaping, but this is a preliminary plan, will ask for more detail at final. Member Ross stated he had no comments. Member Georg stated that the plan does not significantly answer #42 of the L.D.G.S. Chairman Gilfillan would like to see more detailed elevations at final. Member Brown agreed with Georg and Gilfillan that College and Harmony is a "gateway" to the City. Member Crews indicated the final will be more intently scrutinized. Member Simpson stated she would like more stress on the land- scaping to shield the site during the winter. The motion carried 7-0. FIRST CHRISTIAN CHURCH - AMENDED FINAL PUD - #193-79C Member Brown excused herself as she lives within 500 feet of the project. Joe.Frank gave a summary of the project to the Board. Member Georg asked if the required change to curb cut is parallel to the fence. Frank. stated it will be 10 feet wide ,at the minimum to flowline:of street. Member Larsen asked the distance between the two curb cuts. Frank responded 325 feet. • P & Z Minutes November 21, 1983 Page Nine Member Larsen asked if the curb cut had been approved on the Master Plan. With the 3 islands eliminated, will there be more landscaping. Frank said there would be more landscaping but the main reason was to gain more parking space. Member Larsen asked the width of the strip. Frank stated it would be about 30 feet and bermed. Mary Simpson, the applicant, stated they would be planting Marshall Ash, Pinion Pines in a 3 to 4:1 ratio. The distance from the driveway to the cedar fence is ten feet. The strip along Lemay has a two foot berm. Member Georg said it does not appear that the curb cut is 10 feet away from the fence. Simpson stated it is definitely 10 feet. Vicki Jaquest, a resident of the neighborhood directly behind the cedar fence, stated she had originally heard it would be a 2 foot strip with rock and was concerned with the parking and the buffering. Don Richardson, a resident of the neighborhood, is concerned because the church says one thing and another happens. He is concerned about what will happen with future phases. Chairman Gilfillan asked if we could require a letter concerning the landscap- ing. Frank stated that usually a bond would be put up before a certificate of occupancy would be issued, that way liens could be placed against the property if not put in as approved. Member Georg stated he is concerned about the completion of landscaping. Frank responded they could put a time limit on it and gave July 1, 1984, as a suggestion to get landscaping done. Mary Simpson stated the church operates on a tight budget. A bond has been put up for the landscaping around the building. Chairman Gilfillan stated a time limit should be placed on the project for the benefit of the neighbors. Simpson stated they will do it as soon as possible. Chairman Gilfillan questioned Ken Frazier as to the time limit or other alter- natives. Frazier responded all are acceptable. Frank stated they could trans- fer the bond to include this and also put a time limit on the landscaping. Member Georg stated there is a lot of parking and driving and it is in the best interest of the community to have it landscaped. There has been no agres- sive landscape plan to date. Chairman Gilfillan asked if they could incorporate the bond along with a time limit. Frank responded yes. Gene Herschle, a member of the church, stated the driveway was part of the second phase, they are offering to do this ahead of schedule so the neighbors should be pleased. Rupel stated by this request, it was becoming part of the first phase. { P & Z Minutes • • November 21, 1983 Page Ten Jaquest stated people are using the road and parking behind the fence to the point of pushing against the fence. Something should be done to help the homeowner. Member Georg moved to approve the project subject to the landscaping be com- plete by August 1, 1984. Seconded by Member Larsen. The motion carried 7-0. SECOND AMENDMENT TO THE PIER PUD - #131-79C Member Brown returned to the meeting. Member Larsen excused himself as he has a conflict. Cathy Chianese gave a summary of the project to the Board. Chairman Gilfillan asked how close to the property line the building would be. Chianese stated it would be approximately 20 feet. Member Brown inquired as to the actual building height. Chianese stated it would be 18-20 feet. Frank Vaught, architect for the a project, statg�Mr. Parrotta from 7-11 was in the audience to answer questions. The intent is to get rid of the red, white and orange building. The building would be 25 feet in height. Member Simpson stated she would like to see more landscaping. Member Brown asked if the cover over the gas pumps would be higher than the building. Vaught responded yes. Vaught stated this is a stock plan although it has been made compatible with surrounding construction. Member Ross stated he could see no trash cans in the slide on the pump islands, how would that be handled. Peter Parrotta, a representative of 7-11, stated there are trash cans outside the door, if trash cans on the islands are required, they will be made available. Member Ross asked if the canopy was the same height as the building. Parrotta stated it is 6 inches higher than the building. Member Georg inquired as to the sign. Parrotta stated the sign is 13 feet high. Member Brown asked how many cars can be stacked. Vaught stated 4 to 5. Member Brown asked if there would be a traffic conflict. Vaught stated that was the purpose of the outside drive area. Member Crews moved to approve the project, seconded by Member Georg. The motion carried 7-0. P & Z Minutes November 21, 1983 Page Eleven OTHER BUSINESS Norman Munn thanked the Board and staff for doing their homework. He will be back before the Board another time. ADJOURN The meeting adjourned at 9:57 p.m.