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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 02/22/1982rr;A R PLANNING AND ZONING BOARD I I U MINUTES FEBRUARY 22, 1982 Board Present: Barbara Purvis, Dave Gilfillan, Dennis Georg, Gary Ross, Ed Stoner, Don Crews, Tim Dow, Ingrid Simpson Staff Present: Ken Waido, Sherry Albertson -Clark, Cathy Chianese, Mauri Rupel, Josh Richardson, Pete Barnes, Linda Gula Legal Representative: Pete Ruggiero Meeting Called to order 6:30 p.m. AGENDA REVIEW: 4. #69-78B Greenbriar Condominiums PUD-Final "pulled" from the Consent Agenda CONSENT AGENDA: 1. Approval of minutes of January 25, 1982 2. Approval of minutes of February 8, 1982 3. #79-81A VKR PUD - Final Request for final approval of a 1.13-acre PUD with a proposed 19,200 sf office and existing residential triplex, located at the northwest corner of Remington and Stuart Streets, zoned R-M, Medium Density Residential. Applicant: Kurt Reid, KDR, Inc., 215 W. Oak, Suite 720, Ft. Collins, CO 80521 5. #144-80A Dixon Creek PUD-Final Request for final approval of 58.71-acre residential PUD with 407 units located at the southeast corner of Drake Road and Overland Trail, zoned r-p, Planned Residential. Applicant: Jensen Enterprises, c/o ZVFK Architects/Planners, 218 W. Mountain, Ft. Collins, CO 80521 Ross: Announced that Ed Stoner had a conflict of interest on the Consent Agenda and would not be voting. Georg: Moved to approve Consent Agenda items #1,#2,#3, and #5. , P ix Z Meeting. • 2/22/$2 - - Page 2 Gilfillan: Second. Vote: Motion carried 6-0. (Stoner not voting, Simpson absent) Note: Ingrid Simpson arrived at 6:40 p.m. 4. #69-78B Greenbriar Condominiums PUD - Final Request for final approval of a residential PUD with 222 units on 12-acres, located at Willox Lane and Redwood Street, zoned R-L-P, Low Density Planned Residential. Applicant: CRM Architects, 109 Cameron. Drive, Ft. Collins, CO 80525. Waido: Stated that the staff was "pulling" this item and changing its recommendation to continuation to the March meeting. Stated the reason for this recommendation was that staff did not have a signed development agreement between the City and the appli- cant. Ruggiero: Stated that the City Attorney's office concurred with the opinion of the staff. Tim Hasler: Attorney representing the applicant. Requested that the PUD be approved. Felt it would be a hardship on the applicant if the PUD were not approved at this time. Stated that they had worked with the City and were very close to working out an agreement. Chuck Mayhugh: CRM Architects. Requested that the Board recommend approval of the PUD. Stated that they were prepared to work with the City to resolve this one item. Felt that the City had written something that they could not comply with. Discussed the problems with the storm drainage improvements. Felt that the issue should be resolved and not have to be renegotiated. Hasler: Stated for the record that they would like to have the PUD approved with the understanding that unless a subdivision improvement agreement was executed by the next meeting that the PUD would be deemed disapproved. Josh Richardson: Explained that he had been working with Paul Eckman and the applicants in obtaining an agreement. Gilfillan: Questioned why it would be such a problem to approve this subject to the agreement being executed by next meeting. Ruggiero: Explained in terms of the policy it would be a bad precedent to set. Everything should be done so the Board's action is the final action. P & Z Meeting 2/32/82 • • . Fage 3- - - Waido: Explained that the City really does not have a mechanism to enforce the condition as stated. Georg: Stated that he was sympathetic towards the applicant, however, felt that it would be a poor precedent to set to have condit- ional finals. Ross: Noted that nothing was being stated against the development itself and it would probably be approved once these things are worked out. Dow: Moved to table Greenbriar Condominiums PUD - Final until March 22, 1982. Crews: Second. Vote: Motion carried 6-1. (Gilfillan voting no). DISCUSSION AGENDA: 6. #126-80D Second Amendment to The Shores PUD Request to amend The Shores Office Park PUD to include an 11,200 sf office buildiing, zoned R-P, Planned Residential, located on Landings Drive, south of Horsetooth Road. Applicant: The Shores PUD, c/o The Group, Inc., 401 W. Mul- berry, Ft. Collins, CO 80521 Ross: Announced that Ed Stoner had a conflict of interest and that Ingrid Simpson would be taking part in the discussion and vote. Chianese: Gave a staff report recommending approval. Larry Kendall: Managing partner of The Shores Office Park. Explained the curb - cuts, scale, and project layout. Randy Larsen: Area resident. Felt this was a positive solution to this area and urged the approval of this project. Georg: Moved to approve the Second Amendment to The Shores PUD. Gilfillan: Second. Vote: Motion carried 7-0. 7. #173-77C Third Amendment to The Square PUD Request to amend The Square PUD to include a remote trans- action banking facility, zoned H-B, Highway Business, located on the northeast corner of South College Avenue and Horsetooth Road. P &� Z Meeting 2122/82 - - • • Page-4 Applicant: Mitchell & Company, c/o Larsen & Associates, Sav- ings Building, Main Floor, Fort Collins, CO 80521. Chianese: Gave a staff report recommending approval. Purvis: Questioned how traffic would be handled. Chianese: Pointed out traffic flow and accessing on the map. Randy Larsen: Applicant. Would be available to answer questions. Dow: Moved to approve the Third Amendment to The Square PUD. Crews: Second. Vote: Motion carried 7-0. 8. #96-81A Williamsburg PUD - Revised Preliminary Request for preliminary approval of a 15.5 acre residential and business PUD with 112 multi -family units, office, financial, retail, daycare, and restaurant uses, located on the northwest corner of Horsetooth Road and Shields Street, zoned R-P, Planned Residential. Applicant: William C.. Stover, WCS Development Company, c/o ZVFK Architects/Planners, 218 W. Mountain, Ft. Collins, CO 80521. Chianese: Gave a staff report explaining the changes and on the basis of the changes, recommended approval. Cheri Favier: ZVFK. Stated that they had tried to make changes to abide by the Board's recommendations at the last meeting. Would be available to answer questions. Stoner: Moved to approve Williamsburg PUD - Revised Preliminary. Georg: Second. Vote: Motion carried 7-0. 9. #94-81 Creger Plaza Subdivision Second Replat - Preliminary and Final Request for a replat of Lots 5 through 13, Creger Plaza Subdi- vision, to realign and dedicate street right-of-way and subdi- vide Lot 5, located at the southwest corner of Horsetooth Road and College Avenue, zoned H-B, Highway Business. Applicant: City of Fort Collins, P.O. Box 580, Ft. Collins, CO 80522. P & Z Meeting 2/22/82 Page -5 - - • Chianese: Gave a staff report recommending approval. Ross: Questioned if the owner was in agreement with the realignment Rupel: Explained that he had tried to call Mr. Rosenthal's office that afternoon and he was not in. Noted that Mr. Rosenthal had not had any problems with it in previous discussions. Further noted that the replat had not been signed. Ruggiero: Explained the difference between this item and the previous item R4. Greenbriar Condominiums). Stated that Mr. Rosenthal could withold his signature and the replat would have no ef- fect. In the previous instance the failure of the City to engage in good faith negotiations could give the developer an argument and possibly legal cause of action if they had expended some monies and reliance on it. Felt that there was a distinction between the two proposals, even though we were talking about the lack of a signed document. Dow: Felt that this was premature and that we should wait for the approval of the landowner. Stated that it would not do any good to take formal action which would be null and void without that approval. Georg: Felt that in this case they were doing the applicant a favor in the sense that they were giving him an option to pursue some alternatives that he wouldn't normally have. Stated that, in general, he would prefer to have such documents signed before they considered them, but in this particular case they were giving him an option--- this would be to his benefit. Purvis: Questioned if the owner knew exactly how the replat would ap- pear. Rupel: Stated that he felt that the owner definitely knew . Gilfillan: Felt that they should not continue with this item until they heard from the landowner. Felt that it should be continued. Purvis: Moved to approve the Creger Plaza Subdivision Second Replat- Preliminary and Final. Stoner: Second. Vote: Motion carried 5-2. (Gilfillan and Dow voting no.) Ross: Noted for the record that the reason for the "no" votes was the fact that the document had not been signed, not the plan itself. P & Z Meeting 2/2,2/82 Page 6 S • 10. #2-82 Fort Collins Municipal Railway PUD - Preliminary Request for preliminary approval of a PUD for a 1,000 sf stor- age facility for the Municipal Railway streetcar on a 5,500 sf lot located at City Park on West Mountain Avenue, zoned R-L, Low Density Residential. Applicant: Fort Collins Municipal Railway Society, Inc., c/o Gefroh Associates, Inc., 555 S. Howes, Suite 100, Ft. Collins, CO 80521. Albertson -Clark: Gave a staff report recommending approval. Noted that the minimum required 50% on Point Chard D (Auto Related and Roadside Commercial) had not been obtained and the applicant was requesting a variance to the "part of a planned center, two acres or more and multiple use" criterion. Staff supported varying these criterion because the proposed use was not the type of use designed to occur as part of a planned center or as a mixed -use project. The 2-ac site criteria did not seem appropriate for the proposed use, as well. Note: General discussion followed between Board members and staff concerning possible problems because water and sewer facilities had not been proposed; fire protection; possible change in use in the future; and building signs. Rupel: Stated that water and sewer had not been proposed because this was strictly a part-time operation. Stated that it was not anticipated that either water or sewer facilities would be needed. Noted that there were public facilities within a reasonable distance. Gilfillan: Felt that water and sewer should at least be stubbed in. Felt that if the present lease was not renegotiated and another useage came in, that there could be problems if the water and sewer were not there. Georg: Felt that water and sewer should be considered but did not have a problem with this proposal because it was a preliminary plan. Felt that it should be approved and subsequently reviewed when it came back in as a final. Stoner Crews Moved to approve the Fort Collins Muknicipal Railway PUD - Preliminary. Second. Vote: Motion carried 6-1. (Gilfillan voting no.) P & Z Meeting 2/-22/ 82 • . Page 7 RECOMMENDATIONS TO CITY COUNCIL: 11. #97-81 Criteria for Amending the Fort Collins Urban Growth Area Boundary Request to establish criteria through which requests to amend the Fort Collin Urban Growth Area Boundary can be evaluated. Applicant: City of Fort Collins; Larimer County Waido: Explained that this item had been discussed at a previous meeting and a public hearing, plus at work sessions. Stated he would answer questions. Dow: Moved to amend Criteria#2 to delete the words "general welfare". It would read as €ol o swsw Stoner: Vote: Gilfillan: Georg: Purvis: Vote: 12. #15-82 Waido: 2. If elements of the adopted Comprehensive Plans lack specific guidance for the boundary amendment request, the request must be justified through the following considerations. Moved in the same motion to delete Criteria #2C entirely and to relabel Criteria "D" as Cri eria ". Second. Motion carried 7-0. Recommended that the City Council attempt to evaluate the adoption of the LOGS for future useage with the County. Moved to recommend to City Council approval the amended Criter- ia for Amending the Fort Collins Urban Growth Area Boundary. Second. Motion carried 7-0. Subdivision and Zoning Code Changes Request to amend certain protions of the City of Fort Collins Subdivision of Land and Zoning Code. Most changes are basical- ly "houscleaning" items, however, several amendments would update the Ordinance relative to current City policies and plans. Applicant: City of Fort Collins. Stated that he and Pete Barnes would be available to answer questions. Stated that this item had been extensively covered in previous work sessions. P & Z Meeting 2/ 2'2/ 82 • Page8 Purvis: Questioned if there were currently a Zoning Administrator who had authority over requirements for banners and pennants. (Section 9) Pete Barnes: Stated that currently a Zoning Administrator could grant permits for those types of advertising devices for special events--- they can be for 10 days. Stated that it was up to a Zoning Administrator to determine what constituted a "special event" and that could put a City official in a compromising position in determining case by case what is a "special event." Stated that as far as the enforcement of the proposed change went it would still be the Zoning Administrator's responsibil- ity to determine whether or not there were any days left to get another permit and the location that was intended to place the banner and if it would be any annoyance to the surrounding properties. Stated that this change made it possible for a business owner to have a banner for any reason they deemed adequate. It changed the number of days from 10 days to 20 days per year. Stated that they are recommending that this section be approved with the condition that they come back and review it after one year. Stoner: Questioned how people in the real estate business would be affected in their placement of banners. Barnes: Explained that they can get a permit to use banners for up to 20 days per year. Stoner: Commented that the banner regulation seemed a little impracti- cal. Ross: Commented also that it seemed a little inappropriate in some situations. Note: General discussion followed between Board members and staff concerning parking lot standards, single-family and multi -fami- ly uses in the C-Zone,and the need for the requirement to pave or asphalt all parking lots. Dick Rule: Realtor. Requested a clarification on the banner requirement. Barnes: Stated that this ordinance addresses banners and flags. Noted that currently the code allows one real estate sign per lot in residential zones and that is not being affected at all. Dow: Felt that Section 9 on banners and flags should be looked at again. Stated that he had a real problem with it as drafted. P $ Z Meeting 2/22/82 . • Page 9 Ross: Felt that the banner and flag issues needed to be addressed by itself. Stated that he was uncomfortable with it as it was stated. Georg: Stated that given the fact that this would be reviewed in a year and that it was more flexible than the current ordinance, he really had not problems with it. — Stoner: Moved to recommend approval to City Council of the Subdivision and Zoning Code Changes. Crews: Second. Vote: Motion carried 6-1. (Dow voting no) COUNTY REFERRALS: 13. #6-82 Morgan's Ridge Exemption Request Request for a two -lot exemption on 14.4 acres, zoned FA-1 Farming, located on the south side of Horsetooth Road east of County Road 9. Applicant: T. Randall Brunk, c/o The Group, Inc., 425 W. Mulberry, Fort Collins, CO 80521. Albertson -Clark: Gave a staff report recommending approval. Randy Brunk: Applicant. Stated that the subdivision agreement had expired. Noted that the request was to vacate the original subdivision and just end up with two tracts. Waido: Stated that one reason the staff recommended approval of this was that this is entirely consistent with %.•hat is alreacy in the area. Stoner: Moved to recommend to the County approval of the Morgan's Ridge Exemption Request. Gilfillan= Second. Vote: Motion carried 7-0. 14. #14-82 Bisceglia Special Review Request for Special Review to permit a Go -Kart track in the C-Commercial zoning district, located on the south side of Horsetooth Road east of County Road 9. Applicant: Jack Bisceglia, 4640 E. County Road 66, Wellington, CO 80549 P &.Z Meeting 2/22/82 . • Page 10 Albertson -Clark: Gave a staff report recommending approval of the Bisceglia Special Review request subject to the following conditions: 1. All Urban Growth Area application criteria be met and that the 1/6th contiguity waiver be approved by City Council; 2. The Poudre River floodplain and existing curbcuts on the frontage road be shown on the site plan. Note: General discussion ensued between Board members and staff concerning possible conflicts of use with go-karts and a golf course; possible safety hazards; public facilities; parking spaces; noise problems; and possible paving of the driveway into the area. Jack Bisceglia: Applicant. Stated he would be available to answer questions. Stated he was hoping to pave the driveway into the area at some point in the future when he could afford to do it. Gilfillan: Moved to recommend to the County to approve the Bisceglia Special Review request subject to the applicant providing hard -surfacing of some type to the driveway and parking lot; and subject to the following staff conditions: 1. All Urban Growth Area application criteria be met and that the 1/6th contiguity waiver be approved by City Coun- cil; Purvis: Vote: 15. #14-82A 2. The Poudre River floodplain and existing curbcuts on the frontage road be shown on the site plan. Second. Motion carried 7-0. Bisceglia 1/6th Contiguity Waiver Request Request to waive the 1/6th contiguity requirement for develop- ment in the Urban Growth Area, for property located on the south side of Highway 14, east of Panama Reds. Applicant: Jack Bisceglia, 4640 E. County Road 66, Wellington, CO 80549. P &,Z Meeting 2/2218-2 Page 'll Albertson -Clark: Gave a staff report recommending approval. Gilfillan: Moved to recommend to City Council approval of the Bisceglia 1/6th Contiguity Waiver request. Stoner: Second. Vote: Motion carried 7-0. 16. #16-82 Oliver Rezoning and Special Review Request to rezone 5.02-acres from FA-1 Farming to FO-Forestry and for Special REview approval to operate a lumber preparation facility, located 1/2-mile west of Taft Hill Road and 1/4-mile south of Highway 287. Applicant: Steven F. Oliver, 420 N. Sunset, Ft. Collins, CO 80524. Albertson -Clark: Gave a staff report recommending denial of the Oliver Rezoning and Special Review request. Steven Oliver: Applicant. Stated that he depended on the income from the sawmill operation that he operated on the site. Stated that the person who had made the original complaint of the violation had moved away. Stated that he had worked with the County and they had no problem with it. Purvis: Questioned if the staff objected to this particular use on the property or to the rezoning change based on the present zoning violation. Waido: Stated that it was the rezoning change. Note: It was the general consensus of the Board that the use be retained so that Mr. Oliver could continue to make a living with his business, however, there was some question as to how this could be done. They were not in favor of the rezoning request. Ruggiero: Stated that the recommendation to the County was solely that. Pointed out that the enforcement of the zoning violation does not rest with the City. Purvis: Moved to recommend to the County that the Board wanted to encourage Mr. Oliver to retain his present business and that the County determine the appropriate method to allow him to do that; and that the Board does not recommend rezoning this property. Gilfillan: Second. Vote: Motion carried 7-0. P & Z Meeting 12/2- f82- - - - Page -12 17. #17-82 Laes Exemption Request for two -lot exemption on one -acre, zoned FA -Farming, located on the east side of Taft Hill Road south of Vine Drive. Applicant: Jacob Laes, c/o Hill & Hill, P.C., P.O. Box 421, Ft. Collins, CO 80522. Albertson -Clark: Gave a staff report recommending approval subject to an additional 20-feet of right-of-way being dedicated along Taft Hill Road and an additional 4-feet of right-of-way being dedicated along Vine Drive. Note: The applicant was not present. Georg: Moved to recommend approval to the County of the Leas Exemption subject to an additional 20-feet of right-of-way being dedicat- ed along Taft Hill Road and an additional 4-feet of right-of- way being dedicated along Vine Drive. Gilfillan: Gilfillan: Second. Vote: Motion carried 7-0. Meeting adjourned 8:50 p.m. Note: This is a summary of the minutes for the Planning and Zoning Board meeting. Tapes of the meeting are available to the public. Upon request, copies of the tapes can be made. P & Z Meeting -2/ 2`2/82 Page 13 PLANNING AND ZONING BOARD WORK SESSION Date: February 19, 1982 Time: 12:00 Noon Place: CIC Room - New City Hall Agenda: Work Session for regular P & Z meeting of February 22, 1982 Board Present: Gary Ross, Dennis Georg, Ed Stoner, Tim Dow, Dave Gilfillan Ingrid Simpson Board Absent: Barbara Purvis, Don Crews