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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 06/26/1980r t PLANNING AND ZONING BOARD MINUTES -- c;_i ,r . June 26, 1980 Board Present: Paul Eckman, Carolyn Haase, Gary Spahr, Phyllis Wells Staff Present: Curt Smith, Joe Frank, Paul Deibel, Linda Hopkins, Cathy Chianese, Sherry Albertson -Clark - Legal Representative: Pete Ruggiero Wells: Called meeting to order at 6:40 p.m. Welcomed those in attendance and briefly explained the function of the Board, its makeup, and the general rules of procedure for the meeting. Introduced Planning Division staff. Explained the function of the Limited Discussion Agenda. Announced that Item No. 1, Amendment of zoning ordinance relating to governmental uses, had been withdrawn, and that Item No. 3, Greenbriar Condominiums, had been continued to July 28. 2. #51-80 Wintergreen P.U.D., Preliminary A preliminary proposal for an 18 unit P.U.D. on 3 acres, Toned R-L, Low Density Residential, located east of Taft Hill Road approximately -a mile north of Elizabeth. Applicant: Win-ner Enterprises, 2201 Glade Road, Loveland CO 80537 Smith: Gave brief description of the proposal and its location, recommending approval. Wells: Asked for public comment. Anthony Tanana: Resident adjacent to the proposal. Asked how high the buildings would be and how close to his back fence. Albertson -Clark: Replied these would be condominium units approximately 22 stories in height. Pointed out the location of the concrete bike/pedestrian path on the north side of the property and said it would be 10' to 1.5' between the path and the property line. Showed location of the buildings. Tanana: Objected to the height of the buildings as they would block the entire view from his yard. Mrs. Earl Callahan: Asked what type of construction materials would be used, whether there would be a sidewalk between their property and the condominiums for the use of Moore School students, whether they would be owner - occupied or rental units, whether there would be a caretaker, whether there would be any park area, whether pets would be allowed. Also read from a letter from the Walter McChesneys who were unable to attend, but who also live on West Orchard adjacent to the proposal, requesting that a storm sewer be put in for drainage, that a sidewalk for Moore School students be installed, and also asking about pets. Inquired , P & Z Minutes 6/26/80 Page 2 if there is to be a park, who would be permitted to use it. Wells: Suggested the applicant might wish to respond. Dennis Stranger: With Hogan and Olhausen, representing the applicant. Stated that all the units would be sold as condominiums and presumably owner -occupied, with an owners' association to be formed to maintain the open space recreation areas. Said no public park is envisioned, but that there would be some active open space in the east and south parts of the area. Stated the issue of pets had not yet been addressed. Said they would comply with the City's requirements as far as drainage is concerned, noting there would be a retention pond in the southeast corner of the property. Wells: Asked if elevations were available. Stranger: Replied they had submitted some preliminary elevations to staff, but they were not firm, and that it was possible there would be a single - level unit. Stated it would be standard frame construction with lap siding and reddish -brown asphalt shingles. Said all the units will be two -bedroom. Earl Callahan: Expressed concern that the units would be occupied by rowdy college students. Wells: Stated the units would be sold, not rented, but that the Planning and Zoning Board has no discretion with respect to requiring the units to be owner -occupied. Pointed out that the area is zoned for Low Density, so the density would be much lower than in many condominium developments, and that a bike/pedestrian path going the full length of the property to provide access to Moore School. Noted that most of the units are toward the southern part of the property, away from existing residences. Mrs. Callahan: Stated the sidewalk and its 15' distance from the property line is a good idea. Wells: Pointed out that as part of the P.U.D. process, the whole area would be landscaped, and that maintenance of the landscaping would be required and a homeowners' association would be responsible for doing so. Asked if there were further comments. Haase: Moved recommendation of approval. Spahr: Second. Vote: Haase: yes, with commendation to the developer for solar orientation; Wells: yes; Spahr: yes; Eckman: yes. Motion carried, 4 - 0. 3. #69-78A Greenbriar Condominiums (Continued to July 28.) 4. #69-80 Front Range Farm Industrial Park Rezoning (County Referral) A request to rezone approximately 91 acres from FA-1 Farming and I -Industrial, located east of I-25 on the north side of East Vine Drive. Applicant: Lester Kaplan, Planning Consultant, 528 S. Howes, Fort Collins, CO 80521 i P & Z Minutes 6/26/80 Page 3 Smith: Gave brief staff report, and recommendation for approval to the county subject to the condition that the Urban Growth Area application criteria be met prior to obtaining a building permit from Larimer County. Wells: Asked if anyone wished to comment. Spahr: Moved recommendation of approval of the rezoning to the county, subject to the staff condition. Haase: Second. Asked if there were a small portion of the subject property outside the Urban Growth Area. Smith: Replied there might be and that it would have to be looked at very carefull; Wells: Suggested amending the motion to include only those areas that are within the Urban Growth Area. Spahr: Agreed. Haase: Agreed. Vote: Eckman: yes; Spahr: yes; Wells: yes, inasmuch as the property is within an area recommended for this type of zoning by the County Land Use Plan, and is within the Urban Growth Area, and has the condition that the application criteria be met prior to building permit issuance; Haase: yes. Motion carried, 4 - 0. 5. #13-80A Hill Pond Phase II - Townhomes A preliminary proposal for a 94 townhome P.U.D. on 12.5 acres, zoned R-P, Planned Residential, located on the southeast corner of Shields Street and Hill Pond Road. Applicant: Victoria Unlimited, c/o Gefroh Associates, 333 W. Drake, Suite 23, One Drake Park, Fort Collins, CO 80526. Frank: Gave staff report, recommending approval, and recommending approval of a variance to the 15% "Active" open space requirement. Haase: Pointed out that with respect to Policy 79 on Page 4, that the proposed development is located across from a neighborhood shopping center, Spring Creek, another positive factor. Steve Van Lear: Representing the applicant. Stated they had been working on this particular design since December, 1979 in an attempt to adjust the design to this site, ::pith one of their goals being to develop an exemplary design for passive solar and energy -efficient living. Said the reason for the active open space variance is the fact that the residents of the proposed units will be members of the existing pool and tennis court association and will be using that active open space, noting that a membership of about 260 is planned as appropriate for the recreation area. Wells: Asked if there were any public comment. P & Z Minutes 6/26/80 Page 4 Jim Martell: Representing several owners in the existing Hill Pond development. Stated they had general concern on the over-all development although it may not relate specifically to this phase. Said they had understood that the recreational area was part of their area, and not part of the entire project, with 260 people. Presented a petition signed by more than half of the present owners indicating their concerns. Noted that many had joined the homeowners' association so that their concerns would be represented and because they had been told that if they did not do so, they would lose all rights to use of the pool and courts. Said many of them had understood when they purchased their condominiums that the pool and courts would be for their use and theirs only. Stated that another problem is that the white house is being counted as part o` the active open space, but that it is also being considered for some type of office or business use. Wells: Asked Van Lear to point out the areas of active open space. Van Lear: Pointed out the location and sizes of the open space. Disagreed with Martell's contention that representations had been made to the owners of the existing units that the pool and courts would be for their exclusive use. Stated they had been told they would be free to use the facilities until such time as an association was formed, at which time they could join it. Noted that 42 units would be insufficient to support a facility of this kir:c. Stated that the office and condominium units nearby would support the adjacent open space but that it would be for the use of all 260 units. Stated his attorney was present and would address this issue. Wells: Asked if the open space is as was represented on the master plan. Van Lear: Replied in the affirmative. Wells: Asked if there were further comments. Robin Jones: Resident of Hill Pond. Stated approval should not be granted until the situation is resolved with the homeowners. Showed the Board an advertise- ment saying that the owners of Hill Pond condominiums would have the use of the tennis courts and pool, but that last week Van Lear had threatened to take away access to the pool if the homeowners did not join- the association. Wells: Pointed out that the Board tried to stay out of homeowners' association internal conflicts, but that sometimes the Board hearings were the only place such conflicts were aired. Asked to have it cleared up quickly so that consideration of the planning item could proceed. Van Lear: Explained that since their purchase of the property in August of 1979 they had been working on the pool issue and had developed the concept of the homeowners' associations. Stated that one of the problems in a situation like this is involvement with many agencies, one of which is FHLNC, a secondary mortgage market, which refuses to allow an asso- ciation to purchase property which will jeopardize their lien position. Said that the purchase of actual ownership into the Hill Pond, i.e. 1/260 of a piece of land, on a mandatory basis, is against their rules. Stated that this problem had finally been resolved in June of 1980. P & Z Minutes 6/26/80 Page 5 Said he had never promised anyone absolute membership in the pool association at any time. Stated that at the resale in August there was an increase in homeowners' fees reflecting membership in the pool association and also reflecting an agreement between Victoria and the Hill Pond residents as to how the pool was going to operate. With respect to threats, stated this is what he had said: "If you join now, the cost is $535. to join. I cannot guarantee that this same offer will be made down the line." Stated there were two options: one a voluntary association including Hill Pond, another would include the active open space with Phases C, E, F, and G, and not involve Hill Pond at all. Said the operation of the pool facility requires at least $12,000 a year, and thus a minimum membership. Said the operation had been a sore point for some time, but that it had been solved: there are now 30 members, $3,000 in an escrow account, and there will be in that account $16,000 for the operation of the pool facility. Stated they did not have to do that. Wells: Stated that the Board is primarily concerned that that active open space is accessible to the entire project, particularly with respect to the open space variance. Van Lear: Said it is completely open to all 260 units. Stated membership is voluntary. Mike Griffith: Attorney representing Victoria. Stated the association is set up as a separate corporation, and those in Hill Pond who bought in, bought shares in the corporation. Said that those who did not,have the option to do so later, and the remaining 195 shares would be made available in C,F, E and G phases on a purchase basis. Stated they had first presented to the Hill Pond residents a purely membership basis, but they had wanted some ownership, so this plan had been developed. The problems had stemmed from the fact that all this had taken considerable time and it came to a point where a decision had to be made whether to go with this plan, or to create another association later with the other phases, which, if there was room, could later admit existing Hill Pond residents. Wells: Stated the discussion should now be directed to the planning aspects as the homeowner problem had been aired. Noted that such problems should be aired at homeowners' meeting as it is not the Planning Board's job to settle such matters. Les Kaplan: Stated he had worked on the master plan for Hill Pond. Said that the variance is justified as the large central space will be utilized by the proposed development, and a portion of it will be applied to it. Pointed out that the variance is a separate issue from the homeowners' as=ociation problems with respect to the pool and tennis courts. Stated that according to the master plan, there are open spaces just 5' short of qualifying as active open space which were so designed to avoid squeezing the townhomes. If those were counted, there would be more than the required 15% active open space. Stated, therefore, that this project stands on its own merits, even without the additional open space of the central area. Frank Seiler: Resident of Hill Pond. Stated he felt that the proposed association mechanism would cause the same problems with later phases. Also asked P & Z Minutes 6/26/80 Page 6 how big the "umbrella" would be. Stated the recreation area would only be available to the 260 units if their owners chose to join, just as.with a club. Michael Smith: Resident in Hill Pond. Stated he was told that the pool was the owners' and that he had witnesses. Did not understand how the Board could approve this proposal when half of the owners of the existing development have signed petitions saying Van Lear had lied to them. Wells: Repeated that the Board does not get involved in homeowners' associations problems with the developer. Jones: Asked if the developers wanted a variance on this piece of ground. Wells: Replied that in order to approve this P.U.D., there must be a variance from the 15% active open space. Eckman: Stated that the planning issue should be addressed at this meeting. Said that this phase is close to meeting the requirements of the active open space, and when taken into consideration with the Spring Creek drainage area and with the location of the area on an arterial and close to public transportation and shopping facilities, it is a good project. Noted also that it is an in -fill project and will have the effect of countering urban sprawl in outlying areas. Moved recommendation of approval of the P.U.D. and the variance. Haase: Second. Vote: Haase: yes; Wells: yes, agreeing with Eckman's comments, re-emphasizing the the homeowners' allegations about misrepresentation are not part of the Board's responsibility, and stating that the over-all plan is good, making good use of energy conservation; Spahr: yes, noting that the controversy had been inappropriate for the purposes of the Board, and that the proposal provides adequate open space; Eckman: yes, noting that the Planning Board must look only at planning matters, and that legal issues should be addressed elsewhere. Motion carried, 4 - 0. 6. #54-80 Brown Farm Commercial Center P.U.D. A preliminary proposal for a mixed commercial and residential P.U.D., located on 19 acres located at the northwest corner of Drake and Taft Hill Roads, zoned R-P, Planned Residential (3.1 acres), and B-P, Planned Business (15.8 acres). Applicant: Wheeler Realty, c/o ZVFK Architects/Planners, 218 W. Mountain, Fort Collins, CO 80521. Chianese: Gave staff report, recommending approval subject to the submittal of detailed architectural elevations to staff before the final site plan is reviewed by the Council. Eckman: Asked how many parking spaces would be required for the commercial portion of the development. P & Z Minutes 6/26/70 Page 7 Chianese: Replied that using two different schemes, she came up with a minimum number of 561 and that 586 are provided. Stated that the parking appears to be adequate and not excessive. Wells: Asked if the installation of medians of which she spoke would be on Taft Hill and Drake. Chianese: Replied affirmatively, stating it would be mainly to restrict free flow of traffic in and out of the site, not to prevent left turns, but to avoid additional traffic signals. Wells: Asked what the height of the outer buildings on the site would.be. Chianese: Replied that elevations are not required until prior to final submittal, but that the applicant might be able to provide some information. Zdenek: With ZVFK, representing the applicant. Pointed out that they had taken 12 acres of land out of the B-P zone voluntarily and put it into the R-P zone in �Eder to develop a more cohesive plan for the area. Stated there would rextensive green space buffering next to the residential single-family area above. Said the residential buildings would be 22 stories, roughly the scale of single-family houses plus three to four feet. Stated they were providing 38% open space, one of the highest percentages in the City, and that they had provided for extensive pedestrian interplay. Said there are two-story buildings shown to the street in office uses, usually 13' per floor, probably pad C, pad E, and pad D. Haase: Asked what the use would be of the southwest wing of the grocery store. Zdenek: Replied it would be the 82,000 feet of retail. Stated they had worked with the City Traffic Department and had come to a good traffic solution. Stated that if traffic problems developed, they had agreed to work with the City so that no signal light would be needed. Eckman: With respect to berming, asked if the parking lot would be visible from the street. Zdenek: Stated there would be roughly 3z' berms continually around the entire area with extensive screening. Eckman: Asked what type of building materials they anticipated utilizing. Zdenek: Replied the elevations had not yet been done. Spahr: Asked the maximum height of Building A. Zdenek: Replied 25', including a parapet. Spahr: Asked if the two-story buildings, at 13' per story, would be 26' high. Zdenek: Replied they would probably be higher to accommodate a pitched roof or parapet. Haase: Stated she could envisage a great deal of traffic at Valley Forge P & Z Minutes 6/26/80 Page 8 and Taft Hill and asked if a median had been considered there. Zdenek: Replied it is not yet necessary with the number of units presently on and proposed for the street. Stated they could study it further. Haase: Stated she would encourage they do so, as a resident of the area with knowledge of present traffic patterns. Wells: Asked the distance from the north property line to the closest unit. Zdenek: Replied it would not be less than 20', averaging 25' to 30'. Chianese: Stated two would be 25' and one would be 30' distant at the corners, and the side of another would be 40' distant. Wells: Stated that the exposure to the north was mainly on the ends or sides of buildings and asked if there were many windows on those sides. Zdenek: Replied there would be entrances on those sides. Haase: Asked if there were a sidewalk on the west side of Taft Hill to Drake at the present. Zdenek: Replied there is not, but that it is included in the plan. Haase: Asked if there would be a gas station in this project. Zdenek: Replied they had not asked for one. Harry O'Boyle: Resident on Yorktown Court. Stated he was concerned about traffic generated by the center and its effect on Taft Hill Road and Drake, Valley Forge, and the whole neighborhood. Wells: Asked for comments from staff on the improvement of Drake and Taft Hill. Chianese: Stated that as part of this development Taft Hill and Drake would be improved the length of the frontage, including on the development's half, two lanes of traffic, sidewalks and bikelanes. Said there would be a signal light at Taft Hill and Drake, and possibly at Hampshire and Drake, and Valley Forge and Taft. O'Boyle: Contended there still would be excessive traffic in Lexington Green. Wells: Stated his concerns were well -received and that there was no doubt there would be increased traffic. Noted that the City traffic engineer had reviewed the proposal with regard to safely providing for the increased traffic. Susan Bremner: Resident on Hampshire. Stated that when they purchased their property Wheeler Realty had told them there would be at least a 50' buffer for their property, no matter what kind of development took place. Agreed with O'Boyle that summer and football traffic is very bad. Joe Unzicker: Resident on Ayrshire. Stated his main concern is with the residential part of the plan. Asked if there would be 52 units on 3.1 acres. P & Z Minutes a 6/26/80 Page 9 Chianese: Replied there would be 4.5 acres, including that added from the B-P site. Unzicker: Stated that would allow 12 DU/acre. Chianese: Said that would be per gross acre. Unzicker: Pointed out that two parking lots could not be more than 10' from the property line. Asked if there were a proposed privacy fence between the existing homes and the proposed residential units. Chianese: Replied a fence is not shown, but within the 10' between the lots and the property line, landscaping is proposed, as is berming. Unzicker: Stated that while the open space percentage is large, the open space along Taft Hill is a drainage ditch, and there is very little open space between the residential area and the properties to the north. Asked if the residences would be rental or condominium units. Zdenek: Replied they were contemplated to be rentals. Unzicker: Stated that as a private property owner he is opposed to this type of residential development. Wells: Pointed out that the Planning Board has no power to make recommendations on whether the property is to be owner -occupied or rental. Brian Newlands: Resident on the north side of the property. Said there should be more extensive buff ring on the north boundary. Wells: Asked for further comments. Eckman: Asked if a fence along the north boundary could be included. Zdenek: Replied it could be done, but said where the open space is deep, open space would probably be more attractive. Stated he would be happy to work with the residents on the issue. Wells: Suggested that due to the concerns of the neighboring residents that the Board might recommend definite fencing or very dense vegetation along the northern boundary. Zdenek: Agreed that it should be more intensely handled. Chianese: Suggesting bringing the plan back to the Board for final review to give both the Board and the residents an opportunity to look at the final plan. Wells: Stated it would also be important for the Board to see the front and rear building elevations at that time. Smith: Stated that preliminary elevations had never been satisfactory and that staff had been trying to work out a method to get elevations submitted in detail at final review which would be adhered to. Said this is an appropriate plan for the Board to see the final elevations, noting that the rear of certain buildings, such as grocery stores, is not always very attractive, but this should be handled correctly so it does not P & Z Minutes 6/26/80 Page 9a create an eyesore to neighboring residents. O'Boyle: Commented from the audience (inaudible). Zdenek: Replied he could not say exactly what height a building might be with respect to the commercial structures. Said that residences only go about 9' per floor. Smith: Stated that such details would be addressed on the final which would be brought back before the Planning Board for approval prior to submission to City Council. Zdenek: Stated it seemed to be a good process, the only dilemma being that some P.U.D.'s take years to build out and may require extensions. Wells: For the benefit of the audience, pointed out that the Planning and Zoning Board usually looks only at the preliminary proposal, while the City Council reviews both the preliminary and the final before making a recommendation. Stated that, in this case, the proposal would be reviewed again by P & Z in final form at which time there would be more details on buffering on the north boundary and elevations; further input from neighboring residents would be accepted at that time. Eckman: Pointed out that by then the input received tonight from the neighbors could be addressed on the plan. Audience: Asked if they would receive the same kind of notification as before. Chianese: Replied that this item would go to Council on July 15, but that there would be no further notification. At such time as the item returns before the P & Z Board as a final, affected property owners within 500' of the proposal would be notified by mail as with the preliminary. Wells: Stated that if anyone wished to be notified of the hearing who does not live within the 500' limit or who did not previously receive a letter, they could be notified by so requesting staff. Spahr: Expressed concern with the over-all size of the proposal, noting that it does not fall within the.guidelines for a neighborhood center, 80,000 to 120,000'sq. ft., and the gross area of this proposal is 152,600 sq. ft. Said that despite the amount of office use, he was unsure it was sufficient to mitigate the entire scale of the center. Stated there were two factors relating to scale: the over-all size and compatibility with the surrounding area, and usage --traffic usage and activity levels. Said the office use might mitigate the traffic and activity levels, but it still seemed to be a massive shopping center with acres of parking. Another factor limiting the neighborhood character of the center is the strong orientation to arterials. Stated he was also concerned with the buffering on the north side, but felt that could be dealt with, while the sheer size of the proposal is a more significant problem. Haase: Commented regarding the balance in the area, noting the existence of the People's Church structure across Taft Hill to the east which has considerable height and provides aesthetic balance to some degree. Asked Zdenek if he had any knowledge of ownership or plans for the vacant land north of the church, or if anyone else did. P & Z Minutes • • 6/26/80 Page 10 Chianese: Replied that the church, according to county records, owns the land up to the Lexington Green lot lip-,s. Zdenek: Commented with respect to size, saying there is a demand for a certain size of shopping center in a neighborhood, with a 30% additional factor for office structures. Stated the choice is between placing such shopping in strips along arterials, or planning to meet the demand by planning for it in concentrated centers. Said the demand would be met, and it would be best to meet it in a planned, aesthetic manner, integral with the neighborhood. Haase: Moved recommendation of approval of the Brown Farm Commercial Center. P.U.D. subject to final review by the P & Z Board of the site plan, front and rear elevations, and treatment of the buffering on the north side. Eckman: Second. Stated this plan represents an appropriate use for this intersection, a needed use for this part of town. Vote: Eckman: yes; Spahr: no; Wells: yes, commenting that she shares some of Gary's concerns about the scale of the development, noting that the trend to place centers of this size in neighborhoods is something new and unproved, but that the City's Land Use Plan encourages placing shopping and employment close to residential areas in order to decrease the dependency on automobiles and this proposal seems to meet that objective; Haase: yes, with delight that the center will add an employment center to that part of town, and with encouragement for the developer and architect to examine the potential for a raised median at Valley Forge and Taft Hill Road. Motion carried, 3 - 1. Smith: Stated that the concerns about scale are important and appropriate and that staff would like to bring the issue before the Board again at a work session to examine other trends and options and definitions. 7. #52-80 Lincoln Junior High School Annexation A request to annex 66.82 acres located on West Vine Drive, including the Poudre R-1 School District property, requested zoning, R-L-P, Low Density Planned Residential. Applicant: Poudre R-1 School District, c/o Taranto, Stanton & Tagge, 6412 S. College Avenue, Fort Collins, CO 80524. Albertson -Clark: Described the property and its location and gave the staff report, recommending approval. Jim Law: Executive Director for Administrative Services for the Poudre R-1 School District. Stated the District is requesting the annexation for several reasons: the primary reason is because it was donated to the District with the commitment that the District would work to have the land annexed to the City so that a park could be developed on the western edge of the property. Noted that there had been a school on the site for five years, and that other conditions of annexation had P & Z Minutes 6/26/80 Page 11 been met. Said that another advantage to the District and the property owners included in the annexation would be a savings in utility costs. Eckman: Asked for the location of the park. Law: Pointed it out on the western -most edge of the property. Wells: Asked the size of the park. Law: Replied it is about 5 acres. Eckman: Asked the acreage of the school site. Law: Replied it is 50 acres. Spahr: Asked if there would be any change in the use of the property as far as the school is concerned. Haase: Asked if access to the park area would be through the western entry to Lincoln Junior High School. Law: Replied in the affirmative. Stated that the "western entry" is actually the exit, and the only access would be off the top of the U-shaped drive. Haase: Asked if the lots to the west were all single-family residences and if there were any vacant land. Law: Replied he was unaware of any development on that land. Haase: Stated it would be possible, then, for future access to be provided from the west. Law: Agreed. Wells: Asked staff to address the question of whether the City can develop land as parks outside the City limits. Smith: Replied the City could own land outside the boundary. Stated that the timing of development of the park is also pertinent and may be at least five years away whether in or out of the City. Said it would probably have higher priority if within the City. Wells: Asked Law if the District has any other concerns in requesting the annexation. Law: Replied the primary concern is the park, but that there are other advantages: the school serves mostly City children, and fire and police protection would also be available. Arnie Newton: Resident bordering the Lincoln Junior High property, and also representing several other residents included in the annexation. Stated that part of the annexation includes 257' of the north side of Vine Drive, east of the school's entrance drive, and also the north 30' of Vine Drive, west of the school's entrance drive. Said the Newtons, Burnhams, Burns' and Histands all own to the center of the street, and that no one requesting the P & Z Minutes • 6/26/80 Page 12 annexation had requested their approval. Pointed out that the state statutes are quite clear that the consent of the landowner must be acquired prior to dividing a property, part in and part,out of the City, unless the property is separated by a street. Stated, therefore, that the petition is defective because it violates the statute. Noted also that state statutes require four plats showing ownership be submitted with the annexation petition. Said that ownership for a particular parcel is shown as being Poudre R-1, but that ownership should be shown for Mrs. Etchebarne, who was also not requested to consent to the annexation. Stated that for that reason, the petition is also defective. Pointed out also that the statute requires 1/6 contiguity and that the 257' of the north side of the road is what just barely makes the annexation meet the requirement. Stated that the statute also says that at least 50% of the land to be annexed has to propose the annexation, exclusive of streets and alleys. Said that Colorado legal precedent indicates that if streets and alleys are being excluded for determining the entire area to be annexed, they cannot be used for the 1/6 requirement. Without the 257' the annexation is 28' short of meeting the requirement, according to the law. Said those are the legal arguments, but that there are others. Discussed the Front Range Committee subgroups' reports dealing with agricultural land, especially with respect to the loss of prime agricultural land due to urban sprawl caused by poor planning, and government by variance. Contended the life style deteriorates with such growth. Stated the Quality of Life Subgroup says that local governments should develop standards which promote higher densities and discourage sprawl. Showed slides of the land to be annexed.and the surrounding area, noting that very little of it could be considered urban. Wells: Stated the slides would become part of the record. Asked for further comments. L.F. Henderson: Resident on West Vine. Stated way of life would be lost in this area if it is annexed. Disagreed with Mr. Law that there are many children in the area to take advantage of the park, saying that most of the residents in the area are middle-aged or elderly. Noted that if the annexation were approved his property would be surrounded and eventually annexed also, necessitating that he remove his barbed wire fencing and electric fencing, and not replenish his livestock, leading to a reduction in property value. Pointed out the flood plain area and the fact that it would not be developed and increase the population. Said there would be safety problems with the ditch in the park and small children. Contended there would be vandalism at the school if the park were developed. Bev Newton: Stated this annexation is to develop a five -acre park five years in the future and would meanwhile destroy a quality of life which is becoming rare. Noted their children had been able to enjoy the advantages of 4-H bec<iuse they could raise animals, and said that many people were still using their land agriculturally. Howard Saunders: Asked why some of the land should be included (indicated it on the map). Contended the only benefit to the whole annexation is the savino of a few dollars on utilities. Agreed to the value of the rural life-style, and expressed concern about the trend toward annexation in the area. P & Z Minutes 6/26/80 Page 13 Wells: Stated the Board would like to have some legal opinions at this time. Ruggiero: Stated that the legal staff had not yet examined the petition in detail, but that he would be glad to respond to legal questions after Curt Smith commented. Smith: Said that Mr. Newton had raised some very good legal points which the staff had not looked at in detail and which should be examined before the petition goes to Council. Suggested the Board take action on the assumption it is legal, then if it is found not to be, it will not go on to Council. Wells: Replied that in this instance, the only reason for recommending approval would be if it is in conformance with the City's annexation policies, that is, that the City would pursue annexation of properties within the Urban Growth Area as soon as they became eligible. Stated that the only reason it is eligible is that half of it is being considered forcibly; that it is questionable if the applicant owns in fact 51% of the property; that the methods of achieving contiguity are questionable. Said the Board had nothing further to discuss. Haase: Asked Mr. Law to respond to the issues of legality. Law: Stated the extra property is being included to achieve contiguity. Stated they were unsure about the question of the 257', but that it is the other half of the road which had been previously annexed and it is City policy to annex entire rights -of -way. Said he could not answer the other questions. Smith: Suggested that if the applicant is agreeable, the Board continue this item until next month, giving staff time to resolve the issues with the applicant. Law: Replied that would be agreeable. Wells: Agreed with the suggestion, saying she is embarassed for the City as the petition has put the neighboring residents through a lot of grief, anxiety and trouble, yet the City does not even know if it is a legally viable petition. Spahr: Commented as he will be unable to do so in July. Stated it is an unaccept- able piece of gerrymandering, whether or not it meets the letter of law, as it does not meet the spirit of the law. Said the priority of obtaining the park for the City is low at this time, and its opportunity to do so in the future does not appear to be diminished. Stated he had little sympathy for retaining a life style in an area which is in the path of growth for the City, and the change from rural to urban will have to happen. Said he would vote against it tonight. Wells: Stated the policy on continuance is that if the applicant agrees to it, then the Board can move to continue. If the Board wishes to deny and the petitioner wishes to continue, the Board has the perogative of voting on a denial, or on approval, if that be the case. Eckman: Stated he would like to hear more about the applicant's obligation to annex this area. Said it might be more appropriate later. P & Z Minutes • 6/26/80 Page 14 Stated he favors continuance. Moved to table the matter until the legal issues can be addressed. Haase: Second. Wells: Asked if continuance would be agreeable with the applicant. Law: Acquiesced. Vote: Eckman: yes; Spahr: no, saying denial is more appropriate; Wells: no; Haase: yes. Motion tied 2 - 2. Wells: Asked for another motion. Spahr: Moved to recommend denial of the request for annexation. Wells: Stated there would be no recommendation and that the legal staff would attend to the legality of the petition. If found to be illegal, it would not be heard further; if found to be legal, it will be heard at the next meeting. Thanked the audience for its attendance and partici- pation. Asked the petitioner if it would be agreeable to continue the zoning of this item also. Law: Responded in the affirmative. 8. #52-80 Lincoln Junior HIgh School Zoning Spahr: Moved to continue this item until the next meeting. Eckinan: Second. Vote: Haase: yes; Wells: yes; Spahr: yes; Eckman: yes. Motion carried, 4 - 0. 9. #50-80 Vine/LaPorte/Taft Hill Annexation A request to annex approximately 86.7 acres located between LaPorte Avenue and Vine Drive, west of Taft Hill Road. Applicant: Jerry Nix, Rocky Mountain Bank Building, Fort Collins, CO 80521. Chianese: Gave staff report, recommending approval, and noting petitions in oppos- sition had been received from eighteen property owners in the area. Spahr: Asked how many total property owners there were. Chianese: Replied, approximately 20. Spahr: Asked about the possibility of annexing the strip of land on the east side of Taft Hill. P & Z Minutes 6/26/80 Page 15 Chianese: Replied it was doubtful that it would meet the 50% voluntary requirement. Jerry Nix: Applicant. Discussed the history of the annexation, noting the county rezoning and the condition requested by the Fort Collins Planning and Zoning Board that the developer annex the property prior to development. Stated the annexation does meet the legal specifications and has no questions similar to those of the previous item. Stated that the application could be amended to exclude properties along Taft Hill and Vine Drive if the residents so desired, and still meet all the require- ments, but that would bring up non -legal questions: the City's goal of encouraging development in north Fort Collins and limiting the sprawl to the south, the issue of piece -meal annexations and accompanying problems for utilities planners, the regulations for hook-ups to City utilities. Stated the City had made several concessions.to the people in the area --Estate zoning, delayed utility connections, retention of farm animals --similar to those offered to Imperial Estates, noting that there had been some question whether the City had conceded too much. Pointed out that considerable effort had been made in meeting with the residents prior to the hearing to hear their concerns. Noted they cannot develop their property until it is annexed, despite having the appropriate zoning, due to the P & Z Board's governmental action. Haase: Noted that Nix had stated he would annex the property step-by-step if necessary, and asked if it could be assumed he would pursue a series of annexations. Nix: Agreed he would do so if the current petition is denied. Wells: Asked for public comment. Charlie Burtner: Resident on North Taft Hill Road. Stated he understood that older people in the area have a lifestyle they jealously guard, but said that it is also important to understand that the development of the area from a utilities standpoint is somewhat substandard. Noted that many of the people could not afford the upgrading of streets, sidewalks, gutters and water mains. Stated that they would like to be able to maintain a flexible number of farm animals and not be limited to the number they had upon annexation. Said he now has 20 signatures of the 20 people who live in the area and they do not now wish to go to the expense of bringing their property up to City standards. Anson Perina: Resident on Mercer Drive. Suggested they remain in the county and let the developer take his other options. Asked what services they would get in the City that they do not presently have. Stated he thought they would only get higher land taxes, so sees no reason to annex. Noted that there are many small household businesses in the area and asked what kind of restrictions the City would put on them, noting there had been no interference or restriction by the county. Expressed concern about the costs of annexation --utility hook-ups, street paving --saying that the costs of those improvements might equal what he could sell his property for. Asked if he could have any guarantee he would not have to sell his property to pay for the expenses. Wells: Asked Chianese to outline the City's proposed policy with respect to utility services. 6/26/8M0inutes • Page 16 Chianese: Stated that sewer connection would not be required unless there is failure of the septic system, an existing county regulation for those within 400' of an existing sewer line. Stated there will be no charges assessed for sewer hook-ups except for the monthly rate. With respect to water service, stated it had not yet been determined whether the annexation would go on City or remain on district water. If City service were provided; again there would be no hook-up charges, but only the monthly rate. Stated that well and irrigation water would be permitted to be kept. Stated that parkland, water rights and other fees would be waived for developed properties. Said that electric service, according to City charter, would have to be provided by the City, again with no hook-up charges, but only a monthly rate. Said street -upgrading would not be required at this time; improvement of Taft Hill would not take place for 3 to 5 years except for portions improved as development takes place. Noted that questions had been raised about zoning which is the next item, but that they could be addressed now. Ruggiero: With respect to businesses, explained non -conforming uses and the requirements relating to them. Audience: Stated that the City could stop any business simply by saying it is a nuisance. Ruggiero: Disagreed, noting that in order to get a court order prohibiting operation of a business, it would have to be shown that the public health, safety and welfare was being endangered, not very likely in the case of a small machine shop or welding business. Wells: Asked Chianese to explain what the R-E zone would allow. Chianese: Stated that staff was recommending two zones for the area: the undeveloped area and those that are part of the voluntary annexation would be zoned R-L-P, allowing for 6 DU/ acre, similar to the present county zoning; the developed lots on Laporte, Vine, Taft Hill and Mercer Drive would be zoned R-E, Residential Estate, allowing for large lots and farm animals. Stated the number of animals would not be restricted according to the number present at annexation, but that the number could be increased until a nuisance is created, the same as county regulations. Gina Ludwig: Asked if it would not be possible in the future for people to request a rezoning if for various reasons they did not want the R-E zoning. Ruggiero: Stated that like businesses, farm animal uses would be continued as non -conforming uses regardless of any rezoning as long as they had been continuously maintained. Noted also, that a rezoning would require that a change of conditions be shown to justify it. Jerry Bucher: Resident on Impala, bordering the west side of the annexation. Stated he had heard nothing about this annexation being good for the community or the City. Said, with respect to the comment by Spahr about lack of sympathy for the continuance of a life style, that it is understandable that it is not the Board's business to look after his life style, and it is also not the Board's business to ensure a good profit for a land developer. P & Z Minutes 6/26/80 Page 17 Thelma Loesekan: Owner of 10.4 acres bordering on Sunset and on the proposed annexation. Stated that Nix had said he would annex piece -meal if necessary; asked how their property would be affected. Smith: Replied that under the statutes, when a property has 2/3 of its boundary contiguous to the City limits, the City can forcibly annex the property without the consent of the property owner. Loesekan: Asked what would happen if newly developed areas had people move in who decided they did not like having cattle nearby. Ruggiero: Replied that the question of whether or not it constitutes epee gg p q %caepee on the type of operation being conducted; it would not automatically become a nuisance just because there are residential areas near it. Loesekan: Stated that if a large number of people around felt the cattle were a nuisance, they could decide to put houses in there. Wells: Replied the property can be annexed if it is 2/3 contiguous, but houses cannot be built on an individual's property without his/her consent. John Ball: Resident on North Taft Hill. Reiterated objections to annexation. Said that zoning is not any guarantee, because on North College property had been annexed with one zone, then later it had been rezoned and hamburger stands and other businesses had been allowed to come in. Contended that people cannot be expected not to object to livestock on neighboring property. Stated that the concerns of the people who had lived there for some time should be the ones taken into consideration. Nix: Stated that the property of the people on the northeast side of the annexation could be eliminated which would mean that the petitioners' ownership would go up to 80%. Eckman: Asked if that area were included in the annexation to make drawing the lines easier. Smith: Replied it was primarily to get away from annexing shapes of property that create service problems. Noted they were dealing with two arterial streets in the area, and that it would be preferable to get the entire street system into the City at one time. Eckman: Stated those are good reasons. Expressed appreciation for the life style of the neighborhood and said the R-E zone anticipates that life style and provides for it. Mentioned the City's concessions with respect to utility hook-ups and discussed the inevitability and importance of the City's growth in this direction. Noted that whether or not the property is annexed, future residents of neighboring developments would probably have complaints related to farm animals. Stated that on balance this is a good proposal. Said that there is little that can be done about growth except to protect residents from its adverse effects as much as possible which is the reason for the proposed R-E zone and other concessions. Moved recommendation of approval of the annexation. Spahr: Second. 6/26%gpinutes • • Page 18 Wells: Stated that this particular annexation is supported by many of the Land Use Policies: it is basically in -fill development, surrounded mainly be urban -style development; such in -fill may mean that larger tracts of agricultural land will not be lost; the basic infrastructure for urban services is available; and this is one of the areas which needs to be considered for economical and logical growth patterns. Stated it is also supported by the Urban Growth Area Plan and is in accordance with the Goals and Objectives adopted by the City Council. Vote: Haase: no, with support for the long-term commitment the area residents had made for their quality and style of life, but stated she would support annexation of the undeveloped area; Wells: yes, for the reasons previously mentioned and in support of the motion, noting that if it were limited to the undeveloped areas, the excluded areas would be forcibly annexed very soon, so it makes more sense to include those areas and avoid problems with utilities, road maintenance, establishment of logical transportation patterns; Spahr: yes; Eckman: yes. Motion carried, 3 - 1. 10. #50-80 Vine/LaPorte/Taft Hill Zoning A request to zone approximately 86.7 acres located between LaPorte Avenue and Vine Drive, west of Taft Hill Road, requested zoning R-L-P, Low Density Planned Residential. Applicant: Jerry Nix, Rocky Mountain Bank Building, Fort Collins, CO 80521. Smith: Stated that the annexation will be heard by City Council on July 15. Chianese: Described the proposed zoning. Wells: Asked if the applicant had any problem with the recommendations. Nix: Replied in the negative. Wells: Asked if anyone wished to speak on the item. Eckman: Moved recommendation of approval of the zoning as submitted. Spahr: Second. Vote: Eckman: yes; Spahr: yes; Wells: yes; Haase. 11. #56-80 Amendment of Zoning Ordinance relating to group home residential care facilities. Deibel: Commented on the impetus for the proposed changes in the ordinance and went over some of the specifics of staff's findings concerning the issue and their recommendation. Stated the initial impetus came from requests to locate group homes outside the R-H zone, but that the present ordinance makes no provision for group homes in any zone. Previous homes had been located in the R-H zone by administrative interpretation, but that zone en�,ompasses a relatively small portion of the City and is not expanding at the same rate as -the remainder of the City, so such facilities could P & Z Minutes 6/26/80 Page 19 become concentrated in the R-H neighborhoods. An over -concentration in one neighborhood could create negative impacts in that the neighborhood becomes identified as a social services district. This is also detrimental to group homes as their goal is to provide as normal a setting as possible. Recommendations were made at the February meeting to define group homes and staff was directed to look further into use, the result of which is the report under discussion tonight. Stated the report includes information on the different categories of group homes, indica- ting their diversity and also their similarity in that each is to provide a family -like environment under supervision. This distinguishes a group home from a multiple -family dwelling or a boarding house. Pointed out that as the City grows, more group homes of all types are likely to come in. Stated that the report contains information on how other cities handle group homes, generally on a special case -by -case review or by standardized regulations that apply to all cases across the board. Said it is staff's opinion that the latter approach is superior. Phile the other approach does provide for neighborhood input, it may be more Pmotional than objective. Regulatory guidelines would be needed anyway, and it makes sense to develop requlations to be included in the ordinance and applied equally in all cases. Stated that there are no provisions at the present time for special permit uses, per se, but that that kind of a mechanism could be provided if the Board so desired. Summarized the City's concerns: that the group homes be properly run and not pose any hazard to the health or welfare to City or neighborhood residents; that the size and scale of group homes be consistent with the neighborhoods in which they are located; and that group homes not be over -concentrated in any zone. Stated these concerns can be met by requiring all group homes to be licensed by appropria governmental agency, be operated as a single dwelling, and have constant supervision on the premises; size and scale requirements with respect to each zone; minimum distance separation requirements between any existing group home and any proposed group home. Read the revised definition of group homes: "Group home: a residence operated as a single dwelling under the supervision of a court, state or local governmental agency, housing persons for purposes of special care or rehabilitative treatment due to homelessness, physical condition or illness, mental condition or illness, social, behavioral, or disciplinary problems, and with a person authorized by the operating agency to supervise the facility present on its premises at all times." Noted that provisions for additional parking for group homes are also included. Spahr: Asked if the group home categorization is standardized or if it was made up locally; expressed concern about being able to categorize a home. Deibel: Replied it was difficult to get an over-all picture of all the categories and that the diagram in the report came out of the Planning office. Spahr: Noted the difficulties of distinguishing between various kinds of disabi- lities. Deibel: Agreed that can be difficult, and noted there is considerable variation within each category, but that there are consistent characteristics which identify all as group homes. Spahr: Asked if Deibel had any guidelines for wrestling with the issue of social compatibility with a neighborhood, noting he had no problem with the issue of physical compatibility. P & Z Minutes 40 • 6/26/80 Page 20 Deibel: Replied they do not as the staff would have a hard time coming up with objective criteria, but that that is the issue people are concerned about. Stated they had concluded that would have to be the responsiblity of the licensing agencies and that it is their job to do so. Noted that some of the debate is whether or not they do an adequate job, but that it would be very difficult for the City to do so. Ruggiero: Stated this originally stemmed from a question about group homes for the developmentally disabled. Said that the proposed ordinance is in substan- tial, but not complete, compliance with state statutes which require that a city provide as a residential use for a home for developmentally disabled individuals of a capacity of not more than eight. Noted the proposed zone actually starts at five to seven occupants and allows for more than eight which is not required. Noted the statute refers only to homes for the developmentally disabled. Stated the statute does provide that the city can provide for certain regulations in terms of spacing, accessibility to convenience facilities, transportation, education, etc., as long as such regulations are not tantamount to prohibiting the use in a residential zone. Deibel: Said that since the state allows for size and scale limitations, there could be room for interpretation, but that it is a relatively minor issue. Said the City should decide of its own accord how it wanted to handle group homes and not simply respond to state legislation. Spahr: Asked counsel why the state singled out developmentally disabled homes. Deibel: Replied it may be because the developmentally disabled were more effective lobbyists. Ruggiero: Stated he was speculating, but that a home environment is important to the developmentally disabled who may not pose the same kind of problems that other groups might. Suggested Deibel give some insight into the capacity requirements of licensing agencies. Deibel: Replied that the requirements vary according to the agency and the type of facility. Gave some examples of the types of capacity requirements. Wells: Asked for public comment. Bob Wells: Chairman of the Handicap Advisory Committee for the City of Fort Collins, and extensively involved with the disabled community in the area. Stcited that their last meeting they had discussed this ordinance amendment and that they had commended the staff for their research and recommenda- tions. Said they support the adoption of the amendment. Joe Cienfuegos: Ro3 ident on Wood Street. Stated that group homes are meant for criminals. al,:c.,;iics, and nothing to do with disabled persons. Asked if any property had been bought for these homes. P. Wells: Stated that there are several categories of group homes: for shelter for the homeless, for drug and alcohol rehabilitation, for developmentally disabled, for the emotionally disabled, and for correctional rehabilitation Said that Mr. Wells had referred to homes for the developmentally disabled. Pointed out on a map the current location of group homes, five of which are currently in existence. P & Z Minutes 6/26/80 Page 21 Cienfuegos: Stated he had previously been to the Planning and Zoning Board objecting to the building of an apartment as their neighborhood has its share of high density housing. Asked about a proposed medical center on Cherry and Wood Streets, owned by the City. Deibel: Replied that a facility providing full-time medical care would not be classified as a group home, and would have to be located in a zone in which full-time health care facilities are allowed, i.e. R-H. Stated he was not familiar with the particular case. Cienfuegos: Stated he opposed that center as they had their share, but did not oppose the ordinance amendment. Presented a petition. Wells: Stated that the Planning Board and staff are also concerned about the issue of concentration. Smith: Stated he would take the petition and present it to Pat Allen who is doing something in that area, noting he is not familiar with exactly what it is. Haase: Stated it would be a Respite Care, lifeline for families with members who are developmentally disabled, supported by the Association for Retarded Citizens of Larimer County. Said information about it had been presented to City Council May 20, and that funding comes from Community Development Block Grant funds. Carol Flynn: Director of Association for Retarded Citizens. Stated the particular lot had not yet been purchased. Said it is neither a medical center nor a group home, but a Respite Care program, providing a house which would fit in with the neighborhood for a kind of drop -in child care. Said they were planning neighborhood informational meetings about the program. Margaret Mitchell: Owner of two properties in the Laurel School neighborhood. Said she is glad the City is pursuing the problem of group homes, but noted that it is difficult for the neighborhood resident to distinguish between group homes, respite care facilities, medical centers and social service agencies or a unit of the Housing Authority. A concentration of such social services, when it becomes high, is threatening to the neighborhood. Said it is appropriate to move group homes out of the R-H zone as others would be more difficult to locate outside the R-H zone. Stated that while she supports the amendment, she is concerned that many group homes will still locate in the older neighborhoods. Said that if this were handled on a permit -only basis, some neighborhoods would present very resistant, emotional statements and would defeat the application, while neighborhoods like Laurel Street with little resistance would end up with the homes. For that reason, stated she supports a right by use. Stated she supports this kind of group home and would like to see them spread throughout the community. Art Bavoso: Director of Larico Youth Homes which has two of the homes in the City. Complimented Deibel on his report which he characterized as being "enlightened". Stated they also support the amendment and spreading out the group homes. Jim Weddell: Board Member for the Association for Retarded Citizens. Stated there -P 8 Z Minutes • 6/2b/80 Page 22 is an emotional social issue involved which is difficult to deal with. Pointed out the value of group homes with a family -type environment for rehabilitation as seen by professionals in the field. Stated that those individuals admitted to group homes are carefully evaluated. Said there were studies for all kinds of disabilities showing the effects of group homes on communities and that such factual studies should be used to counter emotional opposition. Listed several studies showing very, very little negative effects from group homes, and considerable positive contributions by group homes. Glen Thill: Resident on Wood Street. Expressed opposition to the Community Development project on Wood Street. Wells: Stated there would be hearings on that particular project, probably at the Council level, and suggested he attend hearings on that project and present his views. Hazel Belcher: Supervisor at the Department of Social Services for the last seven months. Stated that before that time she had been in California for nine years in the field of developmental disabilities. Complimented Deibel for his support which summarizes modern thinking about the best way to care for people who are less fortunate than most. Limiting her comments to the developmentally disabled, stated that croup homes are designed to help those who are capable of living in such a situation do so rather than being shoved into an institution or nursing home. Said this is a nation-wide trend and commended the Board for dealing with the issue now as it would certainly become one later. Haase: Moved recommendation that the Zoning Ordinance be amended as recommended in Deibel's report, with the addition requiring that a group home be required to have 24-hour authorized supervision on its premises be added to the definition of group hones. Spahr: Said he generally supports the proposal, has no problems with homes for the developmentally disabled or with shelter care, but expressed uncertainty with respect to homes for drug and alcohol rehabilitation due to the side - effects of the disease. Stated he was very concerned about the emotionally disabled and correctional rehabilitation, despite the very good reputation of Larico. Said he had doubts ab relying on the state licensing agency because they are often inadequate lack of funds and staff. Also expressed concern about the adequacy of properly trained supervision for the protection of the community. Noted this also may be due to the notoriously low budgets of such agencies and their inability to pay for proper supervision. Stated the evaluation of individuals for placement in homes for the emotionally disabled and for criminal rehabilitation is a very imperfect system and a very conservative approach needs to be taken, which is not always done. For these reasons, expressed doubts about the safety for the surrounding community with these types of homes, he -,es for the "anti -social" for lack of a better word. Eckman: Agreed with some of these concerns. Stated he felt comfortable with having the Planning and Zoning Board consider the question of social compatibility with neighborhoods inasmuch as the state statutes give the municipalities the power to zone for the purpose of promoting health, safety, moral and general welfare. Said the City should come into compliance with the state statute concerning homes for the developmentally P & Z Minutes 6/26/80 Page 23 disabled, pointing out that the present proposal has a lower limit for the number of individuals in a home than the state statute. Stated the City has a responsibility to protect neighborhood families and provide them some domestic tranquility and some freedom from the stresses of external inputs which they might be forced to withstand if homes for persons with addiction and criminal problems were allowed in their neighbhoods. Stated provisions should be made for homes for the developmentally disabled in conformance with the statute, and for shelter homes as they had had a burden imposed upon them from birth. Stated he distinguishes that kind of an affliction from one which is acquired from drug addiction or criminal behavior. Said that despite Larico's good record he had concern about these kinds of homes in more vulnerable communities. Said that any group home should be placed in some location with ready access to public transportation, convenience stores and drug stores. Stated that to protect the R-H zone and any others, consideration should be given to spacing requirements between homes, whatever the type. Said he could not recommend approval of the proposal as presented. Moved recommendation of approval to City Council of an amendment to the Zoning Ordinance which would provide for all state licensed group homes for the developmentally disabled, serving not more than eight develop- mentally disabled persons,in any residential zone in the City of Fort Collins; which would also provi:<, for homes for abandoned children and other homeless persons, excluding homes for persons with addiction and criminal problems which will remain as they presently do, with the requirement that any group homes be spaced adequately apart from one another as set forth in the report, and with homes for the developmentally disabled and for abandoned children that they be placed not further than 500' from public transportation and convenience and drug stores. Included in the motion is the stipulation that only homes for the developmentally disabled and shelter care homes would be permitted outside the districts in which they are currently allowed, and that all other types of group homes would remain under present zoning. Jean Adams: Employee for the Department of Social Services. Expressed concern with the term "abandoned", noting there are not really many abandoned children. Spahr: Suggested using the term, shelter care. Bavoso: Stated that the children who come into shelter care are the same ones who eventually end up in Larico, so if shelter care is included, that could also become a problem. Said that not all of their youth are those involved in criminal offenses or with drugs, but those who need super- vision. Weddell: Stated he sees the Board as trying to determine therapeutic considerations which perhaps the specialists or therapists are better equipped to handle. Contended thaw��td ��oup home for minor developmentally disabled children should be near public transporation is immaterial. Said that a home's location near a convenience is an issue for the licensing agency to determine, and not an appropriate issue for inclusion in a zoning ordinance. P. Wells: Agreed with Weddell's statement. Expressed concern with the designation of vulnerability of zones, noting that higher density zones may have even P & Z Minutes • 6/26/80 Page 24 more people than others. Eckman: Said that is probably a semantic problem with his terminology, and that he feels that zones where there are more young children need protection from the addicted and criminal types. Mitchell: Stated nobody ever felt the need to protect her child when she lived in the R-H zone, but brought in anything they wanted to. Suggested it might be better for each group home application to come in for review than to severely amend the proposed amendment. Said originally she did not want that because the Board would be subject to many long hearings and abuse by neighborhoods, but that that would be preferable to too many amendments. Eckman: Said the reason he included convenience stores and transporation services was because the statute says that municipalities could use those for valid considerations in locating group homes, but that he could delete that portion of the motion. Ruggiero: Noted that in the particular case to which Eckman referred, involving Adams City, it was a situation where they had special permit review so the city council considered those services at their hearings and the court ruled which things could be taken into consideration. Stated that in the case of use by right such things would not be taken into consideration. Bob Severe: House Manager at Community Corrections Halfway House. With reference to the roles of the P & Z Board and the licensing agencies, stated it would help to have more information on what such agencies require. Said their licensing agency is the state Department of Corrections and they work under a contract. Stated that 24-hour awake supervision is already required by them. With respect to so-called anti -social houses, said it should be understood that people come to such homes three months before being released from prison, so if they do not come into a half -way house, they will go into every neighborhood in the city --back where they came from. Said no area in the city is free from crime, but that they try to channel people back into the community in more appropriate ways than those in which they left. Contended they are probably far more strict than what the Board's ideals might be. P. Wells: Stated, then, that homes for people with anti -social behavior are more usually transitional from institutions into the community rather than alternatives to incarceration. Severe: Stated that is partially true, but that they serve in both capacities, and some judges do sentence people directly from the court. Noted that there are hundreds of people in Fort Collins who are on probation for the same crime that others go to Canyon City for, and their only requirement is to send a written report to a probation officer once a month or to see him once a month. People are often sent to halfway houses by judges in order to provide more supervision for them, and because they may have potential for rehabilitation in a halfway house without having to be incarcerated. Spahr: Said this has been very helpful, and asked that Severe 's and other agencies respond to the question of the protection or lack of it that the public has because of staff supervision and client supervision and placement. P & Z Minutes 6/26/80 Page 25 Severe: Stated he favors educating people in the community and would be happy to provide the Board with a cope of their regulations within the week. Haase: Stated that since it was late and three of the Board members were absent, that perhaps they were not ready to offer a recommendation to City Council. Noted that all the information they had received has been most helpful, and that there is a real need for additional discussion and more expertise from the social and humanitarian community. Said the issue is very important and suggested continuing it until the July meeting. Smith: Suggested setting up a special work session to get more input and to get more consensus from the Board as to changing the amendment or not. Haase: Agreed that would be a good solution. Moved to refer the subject ordinance amendment to a special work session to be held in July before the next regular meeting. Eckman: Second. Wells: Stated she is opposed to postponing the issue as it had been discussed four years ago and postponed; there are too many meetings already; and the decision must be made at a public meeting, so this will all have to be gone through again. Spahr: Stated he would vote no because he is prepared to support the original resolution. Wells: Stated she also would support the original resolution. Vote: Haase: yes; Wells: no; Spahr: no; Eckman: yes. Wells: Asked for another motion. Haase: Moved recommendation of approval to City Council of the proposed amendment with the addition that 24-hour authorized supervision on the premises be added to the definition of group homes. Spahr: Second. Vote: Eckman: no; Spahr: yes, explaining his reversal by saying that it is improper to go for a special permit use as the Board will not be any better qualified to rule on social impacts in the future than tonight; Wells: yes; Haase: yes, commending Deibel for a fine, comprehensive report, and supporting the normalization treatment concept, and stating that the community has a responsibility to offer a fair zoning ordinance with open locations for group homes. Motion carried, 3 - 1. Wells: Stated that Gary Spahr would no longer be on the Board after tonight, and thanked him for his service, saying that he had been a great asset to the Board. Spahr: Expressed his appreciation to the staff for their help and cooperation. P & Z Minutes • . 6/26/80 Page 26 and also to the other members of the Board. Wells: Adjourned the meeting at approximately 12:00 a.m. I HANDICAPPED ADVISORY COMMITTEE .JUN 23 1980 Planning Department Planning and Zoning Board P. 0. Box 580 Port Collins, Colo. 80522 Gentlemen: June 19, 1980 The Handicapped Advisory Committee has reviewed and dis- cussed the proposed regulation of group homes under the zoning ordinance which the city of Port Collins is considering. ?:'e would hereby like to express our approval and support for enactment of same. There has long been an exigent need for the establishment of such dwellings, which would offer more viable options toward greater independence for all han- dicapped citizens. We will be anxiously awaiting further developments on this issue. If we can be of assistance in any way, please do not hesitate to contact us. I can be reached at my home phone, 221-1018, during evening hours. Resoectfully yours, HANDICAPPED ADVISORY CC^/IIITT'FE s^ Robert :?ells Chairman bg cc Ll • i Paul Deibel Fort Collins, Colorado Zoning anti Planning Board June 20, 1980 Dear Zoning and Planning Board Member: Introduction Due to a prior commitment, I will be out of town the week of June 22 and will be unable to attend the scheduled hearing regarding group homes. Being unable to attend this meeting of June 23 and/or June 26, I would like to take this oppor- tunity to submit written comments and documentation regarding group homes. Before I start with my comments, let me make it perfectly clear that they are based on actual experiences and information gathered while living next door to one of these mini institu- tions (group homes) for approximately three years. My comments are based on actual experiences and are not unwarranted fears and apprehensions. This phrase "unwarranted fears and appre- hensions" is a favorite of group home advocates, and they use it quite extensively when confronted with problems expressed by concerned individuals regarding their group home operations, and I see it also appears in Mr. Deibel's report. Regarding Mr. Deibel's report, it is unfortunate that it is so slanted toward the proponents of group homes and not much appears in the report as to problems with group homes. 'Get a proponent of group homes on his soap box, and his speech will be very similar to this report, except for the specific proposals for Fort Collins. In defense of Mr. Deibel, he has been very cooperative to work with. He was given a tough job, and where else was he to go for his information unless given the staff, money, and man -power to gather information more meaningful. In addition, proponents of these facilities are very expert at informing you of group home residences' rights and the possibility of Law suits, etc. Comments In presenting my continents I will take specific parts of the Deibel Report and make comments thereto. s page 2 Pages 2 and 4 of the report, paragraphs II A through C, attempt to define group homes as family -type settings and not as institutions. The only way these homes can be considered a familty setting is the home proponents choose to define them as such. After living next to a group home for three years and observing the operation, I would have to define a group home as a Mini Institution, and by no stretch of the imagination could a group home be called a family -like atmosphere. Pages 4 and 5, paragraph II D: On page 5 subparagraph D reference is made to types licensing agencies considered appropriate for group homes. Despite what is printed in this paragraph, I can give you a specific case where a severely mentally retarded individual and an individual with a known pattern of violence were placed in the same home. If you are interested in further information on this case, I can give you names, ages, photographs, incidences of specific violence, whatever you might want. This occurred despite assurance from the group home people that such things do not happen. I do not know how you feel about this sort of thing, but it scares me, and I think it a justifiable fear. What makes things worse, I call your attention to attached Exhibits one and Two, which cause me to question somewhat the reliability of the agencies in control. Paragraph II E page 5 refers to unwarranted fears and appre- hensions because of unfamiliarity with nature and intent. I lived next to one for three years, and my comment is that I am familiar with nature and intent of a group home and consequently feel more strongly than ever that they are not to be placed in a neighborhood, and most fears and apprehensions are certainly warranted. The statement "properly run facilities will not create any neighborhood impact and that were any such problems do arise a group home's license could be revoked" is garbage. How long would you guess it would take to get a license revoked? Think of some of the nursing homes that have been allowed to operate in filth and slum -like conditions, and licensing agency does nothing until pushed by newspaper, radio, or someone else that is fed up with the situation. I can site you a situation where a yard was allowed to deteriorate by at least 95%, extreme filth existed inside the dwelling, holes were knocked in doors and walls, window screens were allowed to blow away in the wind. Proponents of these homes claim homes cause no problems in a neighborhood, but a state- ment made by Hazel Belcher of Larimer County Social Services at the June 16th meeting was, "If too many of these facilities are placed in an area, you can create ghettos." Doesn't this seem contradictory? page 3 Page 8, paragraph IV: This paragraph disturbs me a great deal in that it states the generally superior approach is not the permit but the use subject to specific conditions and limitations, etc., and the latter lends itself best to Fort Collins. I don't know what lends itself best to what, but if we need group homes (and the need can be strongly debated), I would strongly recommend the permit system. A permit system would alert the neighborhood on what is happening, prepare them for it, and once the promoters of the house had sold the neighborhood, would result in a much more successful relationship. Not going the permit route is a cop-out by home proponents and whoever else it might fit. They have not done a good job of selling, choose not to do so, and prefer sneaking in and scaring the hell out of people, and they have the attitude that here we are, we have a right to be here, put up with us. I can pro- vide you with documentation on this too if you are interested. Paragraph V: Talk about something disturbing. This paragraph implies if you license the home by the state, screen your residence, have your size requirements spelled out, everything will be ok. Not if you are going to leave it the hands of social services, state agencies, etc. The home located next to us was licensed by the state, run by a local board, and they could have cared less or lacked the expertise to get their act together. Boys from this home went out to shovel walks once for neighbors and were asked not to come back because of their performance and behavior. Your best change for quality, compatibility, and accountability is to require them to be run as a foster home. Paragraph VI: I hope your definition of a group home is not too broad and still affords citizens paying the bill some protection. As to numbers I would recommend the resident numbers shown be maximum including supervisors and no allowance for increased numbers because of lot sizes, particularly in R-L zones. In the house next to us they put 6-8 residents with two house parents, and the demand on the supervisors was overwhelming. Turnover in supervisors was tremendous. Regarding the requirement of 24 hour supervision, I think this good but I would like to point out that bodies on the payrall don't necessarily mean good supervision. Supervision was a constant problem with our neighbors. See Exhibit 3 attached. This was our answer to getting better supervision, and things got worse instead of better. page 4 One final comment. I had to leave the June 16th meeting early mainly because it was turning into the same old thing I have heard before about how great group homes are. In visiting with Mr. Deibel the day after the meeting, I was informed that a man by the name of Paul Holdeman made a comment to the effect that local homes are run by local boards and are pretty accountable. Just to keep the record straight, , I submit the following. At the time the group home was approved in our neighborhood, Mr. Holdeman was chief probation counselor, 8th Judicial District, and president of the board responsible for our home. When things got hot and we finally ran Mr. Holdeman down, he admitted to not knowing much about the home, and that it was pretty much a rubber stamp deal. In defense of Mr. Holdeman, he was not the only one that did not know what was going on. The entire board was pretty much in the dark and were not aware of the problems that existed until the neighborhood finally forced a meeting with them after about 2 years of trying and frustration. The same people are still around and making the decisions. Conclusion The value and need for group homes can be strongly debated and are not as necessary as proponents contend. If the private sector was granted the time and money to contradict the bureaucrats, I would bet accurate studies could be obtained as to why no group homes. The greatest benefits from the group home in our neighborhood went to administrators for their salaries and to the real estate people renting the property. They did quite well. I call your attention to Exhibit 4, another example of dissatis- faction with a group home. Information like this is available all over if you just want to take the time to go after it. If the city of Fort Collins is set on group homes (and it appears they are), I strongly suggest the permit system. This would at least force the house promoters to alert people and explain their program. You are making a decision that is going to affect the lives of a large segment of the Fort Collins population, and the population has really no idea what is happening to them until a house shows up next door. Just as the group home residents have the right to live where they want (as per proponents), the citizen, paying taxes, supporting these programs, has a right to know what is going on. It is kind of odd ghat, at the meeting June 16t.h, 15 people were in attendance, and of the 15,seven were group home promotcrs,with the city, etc. The remainder represented the populous paying page 5 the bill. I would venture to guess that proponents will be the best represented at your June 23 and/or 26 meeting too. Finally, as much or more can be said against group homes as for. This information is available and can be documented. If you are interested, I have quite a portfolio on group homes, and you can go through it any time. If you want group homes, , come up with a system where you control them and not someone else. Thank you, I Olin Ruff 213 E. Swallow Rd. Fort Collins, Colorado 11 How sane are releasrA told. (.-. X r��1-�- z is FL- -- 9NOWMA88, Colo. (AP) — Crimina.ls criminal behavior oftel>rWorka. judged insane typically are released to than "a flip of the aolri". t :. from the Colorado State liospital at Pueb- Dennis Pearson also prsdict*4[.Ii ut A to after a 80•minute discussion with a pay- report requested by GOV., atabarMLOAM, chlatric team, according to the hospital's on recent killings VY former mentlSpi= chief psychologist. tients will state -that ptedleting futui* He said the predicting process of criminal behavior in patients is imposed:• whother the patient will have future ble. - _ i r v T f XI{Y UTr .-a o.E v"� rev mN 1 ..N�. m " .S •� c � � C rr p � .. moor,; '... N a. CI .c .ch o Z oam.°Otia a F1 vi �" 9 N:O' Wl C Hd ..• �_yboGro� p�Ng6 vs,$ �uu `/ mL omra WNwfpS v�i o idmoC, o .p saCC'. m •yp� y�6 I u VC1 �1 • N `4, d N m in p r,. � y Ql �.LrNt�aN Wu °Im �C�1> N .. � CD •� � m G YI O �.. CC .� y iil� 07 �•-, U �.... � .r., •� yL H o U A �ax6 y�.s� �o u _ V ya i3- 1 .d •p m CL.C. 'pCn A x N GN. e! 6, m � .'J r.' Y .'.0 N Y 4J' � m E •4 'O W N N p O W N ba �+ V L .-. ti V m C C V v�W.• u rG Nw pp rci �'y=�{.O .N: Y,,QtiQ Nb N.�N GC .L4.5w A r ce or, W l X( r; 1 'd i l 4• rtl �•' rl / F .7 4 J = . G !y Cl •� 2l {� �� N 1/ ,'r P.1 F: Z z' sL� y, �� �pw�av Wig` o K� � �W � :v ap. m � :° is ,� y c, ��+ om�b•r�^. 'm _ 3m y G•a.b CQ c� �6 �u bs'oal�w �Lp'oor ya'oovpi o,B r'G Anum��. ^` a m , W ,ui p.- �Uw oa'd'V.?mE'+`r7' v W C V p O r.- N L O � i+ i y .0 LUrx Cl :C L V i IfIN N « Ul y •0 W.0 u N u a o 'v5i r" u ac'�.Sm 5p._.mco �x�yop�m.p-_ cti at ( c c x/r) LACK OF TRAINING Leidig Attacks Health Policy ''� Ten years later it is evident FRO M P A G E t J that the good intentions of the .. ✓ new view of mental health went the way of many good inten- constructed to house these back -ward patients. One ad- ministrator recalls that one day [in patients were brought to the nursing home from the state hospital, and the next day 40 were brought up." The attempt to get patients out of institutions and into com- munity, facilities began in the late 1950s and early 1960s. Nationally, then -President John F. Kennedy called for a totally new view of what could be done for the mentally ill. In 1963 Congress passed the Com- munity Mental Health Centers Act. OPPOSED CELLS In Colorado, then -Gov. Steve McNichols o p p o s e d building more cells in prisons and rooms in state hospitals. '-We must shift emphasis from confinement to rebabili- tatiun." McNichols said in his inaugural address. "We must work out carefully constructed programs that will help restore more of these people to useful places in society. at the same (line saving sllhstantial sums to our taxpayers." The intent of the federal leg- islation and of mental -health processionals, said Dr. Leidig, was to begin treating the men- tally ill closer to home, to reduce the number who spent years in mental hospitals ands to make possibly more family cunlact for Iouse undergoing ps; chiatric treatment. It was hoped that the fled- gling mental -health centers and outreach teams from state hos- pilals would provide psychiatric services lur lhusu soul to community facilities. Unfortunately, Leidig said, many of thmw dischm-ged from state hospitals, especially the elderly, had no place to go. Their families were gone or didn't want them. They had no iesnurcea of their own. Uomding and nursing homes tions — the bright hopes gradually dimmed and flickered, Indeed, some of the mentally ill were able to go back home and receive treatment as out. patients at mental health centers. But the centers couldn't possibly grow fast enough to serve all, Lecdig said, For those who had to go to nursing homes, the "back to the community" illusion was most painfully shattered. "The shift from institutions to nursing homes was seen as put- ting people into the communi- ty," McCoy said. 1 challenge very much whether a nursing dome is in the community, except geo- graphically. instead, it is less involved with the community, almost certainly offers less social and recreational possibil- Aies than do state_ hospitals," he added, The intent to cut down the number of years people spend in institutions also failed. SIMPLY TRADED "All we did was trade back wards in slate hospitals for smaller back wards spread across the state," Leidig said. "Nursing homes have taken on the same image as the old mental institutes," according to McCoy. "They are places where people go to stay until they That the move to hoarding and nursing homes would mean more rontact with families hasn't been borne out either. Leidig said. "I don't have any statistics, but from my experience and (hat of other mental-healthpen• plc, the mmouut of conlact with the family goes down when the patient moves from a hospital to a nursing home," he said, Neither of the officials sav nursing homes have no place In the health-care scheme, "There will always be people Who need custodial care, and there will he hoo"I" , k First of all, we realize that our decision to remain at our pre- sent location ding a more constructive ternative for the boys will contme to meet with your disaPWoval. In our defense, E we can only say that we do believe we have a right to remain and ?J that, in the absence of a preferable living situation, we have no alternative but to continue to make the best of an admittedly bad np�^�+►,,,,-hood situation. --- � ` This is not to say, however, that we will not make every effort to improve the atmosphere of the home so as to more suitably meet neighborhood standards. Your suggestion that the houseparents be selected with this in mind is a commendable one. We ask you to: appreciate that the existing houseparents, whose credentials we feel were the best available, have been newly hired and should be. `s.. given a chance. Nonetheless, in the event replacement becomes necessary, we will give every consideration to your suggestion that,/, a duly qualified older couple be considered for the position; and .1 the Board has made a recortuaendation to administration accordingly: 2,(� We should further point out, however, that funding is again a problem; a married couple is simply not eligible for the same salary that is available to individuals. As a result, our married ` couples are having to get by as best they can on a salary appro- priate to the needs of a single individual. This again creates a problem in locating the ideal houseparents. 1 mesfor retarded state institu'" is sh'd , r;dltor: I would also like to homesunitwouldd not be needed• t thank the News and Bill Pardue for the articles on the State These unfq.timak,pewle need I others Homes for the mentally re to be with their own kind, the who are like them, and live Ina Larded, but there. should. have been one more article in this' world liktiworld, . s pop; , t '=world a Ge ` series from the patents' view- and not yondtheirlimitations. i pointof the mentally retarded. M W I'm afraid most people get the Lakewood impression that these institu- tions are filled with orphaned 'abandoned, unwanted children Spedal inter esh 'and that no one realty cares what happens to them. Far Editor: In �Po�mto Gar WBIs' June "Huai from it, Most of the residents 13 colun: - have parents who care very tress, not puma'• is well o- ' deeply. We have had to face the real. tested in Weshington." Hidden the between the I1nea d article ►ration that this child is differ• n consumer �Q consumer entand will not be accepted by a ' Q F cemove Ne ord "Free" ' normal soNety.Toprotect them from ke Free from further hurt we turned to System im more bust. ' the state institutions because ness etra ing government that is the only place for them. M. frok.' Most of the mentally retarded ' This' artle norea two have, physical handicaps, also. tnalor Points: I businew: Their health Is not good, their UMt are the ability- ' speech is Impaired 'and they fe Can ante p9 anyonewatdthesepeopleroam-a'g ing the streets today,by them- 2) W ag selves? poxrorfW I In Al They are not accepled by the organised 1a ,�svatld IW wed• normal world and this was made veryevident last .year TM'compel W nature. of when a home was proposed in &pedd Interes i,.each striving,, Westminster for el mentally for theirtheopen mar.retarded youft. The neighbor. ketdp end up' total represaot;;- inpIlia.gene hood was up, in arms over this community home livingproJecl. al interest." Remove pervas ve government As a parent who allowed my to be placed in aftttrd; and only that will you, remove, the teed for strong child one of these community homes I',disagree : . lobbyinggroupa. ROBERRTD. with. this .concept entirely. It MUMONI) was Jtutanother disappoint- Norttlgle m mtat Jgr;baa,,:anq,.al kemely + ?rrvx P. upsatting•,They arettthean' i", ., Rlti service . &war. The answer to most of us par- itdl .: RTD did ' it again1 ents is more funding for the Sunda , June t2, new schedulge . state institutions,,for, better and changes Into ef. buildings, more techniclans,' fend with or arping to programs suited to theseioeds. bus avere ` Not community* tames in nor- NOTPvallabia t, mal neighborhoods where they „, d the°change; e.tU are not wanted. If t¢ay, ould avAtlable tWo ay, tel live in this type d tame they'd Worse; the town InE all be In their own homes and ,o tiom Center did OT have new ' CEP I' 193� CORRECTION TO THE PLANNING AND ZONING BOARD MINUTES OF June 23, 1980 Addition to Smith's report: Stated the ordinance permits the Planning and Zoning Board to grant only a six-month extension, therefore the request would have to be amended to read six months instead of twelve. Amend Ross's motion to read: Moved approval of the request for a six- month extension.