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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 07/26/1982PLANNING AND ZONING BOARD MINUTES JULY 26, 1982 LU 7982 CITY CLERK Board Present: Barbara Purvis, Dave Gilfillan, Dennis Georg, Gary Ross, Ingrid Simpson, Tim Dow, Don Crews Board Absent: Ed Stoner Staff Present: Mauri Rupel, Cathy Chianese, Joe Frank, Sherry Albertson - Clark, Curt Smith, Linda Gula Legal Representative: Paul Eckman Meeting called to order 6:35 p.m. AGENDA REVIEW: 3. #52-79B Rossborough Rezoning Request - WITHDRAWN 11. #33-82 Asamera PUD - Preliminary - CONTINUED to 8/23/82 13. #20-82A Harbor Walk Subdivision - Final - CONTINUED to 8/23/82 CONSENT AGENDA: 1. Approval of minutes of June 28, 1982. 2. #79-79C Palmer House Florist PUD - Final Note: Dave Gilfillan had a conflict of interest on a Consent Agenda item and would not be taking part in the vote. Georg: Moved to approve the Consent Agenda items 1 and 2. Crews: Second. Vote: Motion carried 6-0. (Gilfillan not voting.) RECOMMENDATIONS TO CITY COUNCIL: 4. #39-82 Vine -Laporte -Taft Hill First Annexation Request Request to annex approximately 27.5567-ac located north of West Laporte Avenue, south of Vine Drive, and west of North Taft Hill Road. Applicant: Jerry Nix, c/o Mountain States Properties, 2105 South Shields, Fort Collins, CO. Frank: Gave a staff report recommending approval. Eckman: Stated that the Colorado State Statute provides that no pro- ceedings for an annexation to a municipality may be initiated in any area which is the same or substantially the same area in which an election for annexation to the municipality has been held within the preceding 12 months. Stated that within the past year there was an annexation election that was held. Stated that their interpretation was that this was not sub- stantially the same area since this is a considerably smaller parcel of ground than was petitioned for annexation before. Stated that if the Board determined that the annexation was appropriate, that the Board should include in their findings that this does not constitute substantially the same or the same property. Jerry Nix: Applicant. Mountain States Properties. Gave a brief history of the annexation proceedings in the area. Stated that 100% of the landowners were requesting annexation and that there were no involuntary participants in the annexation. Eckman: Stated that the intent of the Statute was to keep the same election from coming back again and again for a vote on the same property. This was a different property, and does not require an election because it is voluntary, and therefore, that the intent of the Statute was met. Also reviewed the City's position relative to annexation in the Goals and Policies of the City. Note: General discussion ensued between Boardmembers and staff concerning the basic difference in this annexation request and the previous annexation election request. John Ball: Propertyowner within the area. Stated that this land was substantially the same as land in the annexation election. Simpson: Stated she would be more comfortable if it were not for the fact that there are still a considerable amount of people who were adversely against this annexation. Gilfillan: Moved to recommend to City Council the approval of Vine - Laporte -Taft Hill First Annexation Request with the finding that this land is not substantially the same as the land previously put to an annexation election. -2- Purvis: Second. Vote: Motion carried 6-1. (Simpson voting no.) 5. #39-82A Vine -Laporte -Taft Hill First Zoning Request Request to zone approximately 27.5567-ac located north of West Laporte Avenue, south of Vine Drive, and west of North Taft Hill Road, R-L-P zoning district, Low Density Planned Residential. Applicant: Jerry Nix, c/o Mountain States Properties, 2105 South Shields, Fort Collins, CO. Frank: Gave a staff report recommending approval. Gilfilan: Moved to recommend to City Council approval of Vine -Laporte - Taft Hill First Zoning Request. Purvis: Second. Vote: Motion carried 6-1. (Simpson voting no.) 6. #39-82B Vine -Laporte -Taft Hill Second Annexation Request. Request to annex approximately 22.7465-ac located south of West Vine Drive and west of North Taft Hill Road. Applicant: Jerry Nix, c/o Mountain States Properties, 2105 South Shields, Fort Collins, CO. Gilfillan: Moved to recommend to City Council approval of Vine -Laporte - Taft Hill Second Annexation Request with the finding that this property is not substantially the same as the land previously put to an annexation election. Purvis: Second. Vote: Motion carried 6-1. (Simpson voting no.) 7. #39-82C Vine -Laporte -Taft Hill Second Zoning Request. Request to zone approximately 22.7465-ac located south of West Vine Drive and west of North Taft Hill Road, R-L-P zoning district, Low Density Planned Residential. Applicant: Jerry Nix, c/o Mountain States Properties, 2105 South Shields, Fort Collins, CO. Gilfillan: Moved to recommend to City Council approval of Vine -Laporte - Taft Hill Second Zoning Request. -3- Purvis: Second. Vote: Motion carried 6-1. (Simpson voting no.) DISCUSSION AGENDA: 8. #72-798 Amendment to Fairview PUD Phase Two Request to amend the Fairview PUD located on Elizabeth Street west of City Park Avenue to include a Taco Bell drive -through restaurant, zoned B-P, Planned Business. Applicant: Taco Bell, c/o Robb & Brenner, Inc., P.O. Box 251, Fort Collins, CO 80522. Chianese: Gave a staff report recommending approval. Bill Brenner: Applicant. Robb & Brenner, Inc. Discussed the original PUD and the possible uses. Addressed problems concerning traffic impact on Elizabeth, parking, peak loads, interior traffic patterns, bike and walk-in traffic, and stack -up spaces. David Wood: Attorney for Wendy's. Expressed opposition to the proposal. Expressed concerns about the increased intensity of use, parking problems, safety hazards, traffic flow, and stack -up problems. Reviewed traffic counts for Wendy's restaurant and stated the use was too intense. Urged the Board to deny the proposal. Note: The Board, staff, and applicant discussed traffic studies, potential uses of the site, development of other phases, and the possibility of a left -turn exit. Ross: Stated he would be more comfortable if he could see all of the phases to get a total picture of the area. Dow: Stated that his main concern was not the actual on -site park- ing, but the traffic impact on Elizabeth. He felt that the use was too intensive for the property and could not support the project because of the traffic impact. Georg: Stated that the real issue was whether the intensity that was imposed by a drive -up facility to this part of this phase would have an adverse impact. Gilfillan: Expressed concern about the potential problems that could be created if CSU were to sell the Bull Farm and additional uses came into the area. Simpson: Expressed concern about the traffic and stated that Elizabeth had no potential to be widened. me John Baird: Taco Bell representative. Stated that they would be willing, if possible, to share the expense with Wendy's in paving to the west, an ingress/egress lane behind Chesterfield, Bottom - sly, and Potts if it became necessary to do so. Stated that they do not want to be in an area where they have problems with customer ingress/egress. Georg: Moved to appprove the Amendment to Fairview PUD Phase Two subject to the condition that the design be reviewed by staff demonstrating that there were at least four cars stackable by the order board for the Taco Bell restaurant without the loss of any parking spots. Crews: Second. Vote Gilfillan: Simpson: Vote: Ross: 10. #9-80C Chianese: Motion defeated 5-2. (Georg, Crews voting yes.) Stated that he felt that Mr. Georg was advocating a redesign and that he thought it was more appropriate to table the item. Moved to table the Amendment to Fairview PUD Phase Two to the August 23, 1982 meeting. Second. Motion carried 7-0. Announced that the Board would be hearing Item #10 The Arena PUD-Revised Preliminary before hearing item #9 The Arena PUD Phase Two. The Arena PUD - Revised Preliminary. Request to update the preliminary PUD to reflect approved changes. Total area is 20.5417-ac, located south of Monroe Drive and east of JFK Parkway, zoned H-B, Highway Business, and B-P, Planned Business. Applicant: Mitchell & Company, c/o ZVFK Architects/Planners, 218 West Mountain, Fort Collins, CO 80521. Gave a staff report recommending approval. Noted also a letter received from G. C. Mabry (Exhibit A). ED Zdenek: Applicant. ZVFK Architects/Planners. Clarified that the con- cern about the color of the brick had been taken care of. Discussed the parking area and potential problems. -5- Georg: Moved to approve The Arena PUD - Revised Preliminary. Dow: Second. Vote: Motion carried 6-0 (Gilfillan abstaining.) Note: Gilfillan stated that he had a conflict of interest and would not be taking part in the discussion or vote for item #9. 9. #9-80D The Arena PUD Phase Two, IntraWest Bank - Final Request for final approval of a 38,000 sf bank/office building on 3.094-ac, located at the southeast corner of East Monroe and JFK Parkway, zoned H-B, Highway Business. Applicant: Mitchell & Company, c/o ZVFK Architects/Planners, 218 West Mountain, Fort Collins, CO 80521. Chianese: Gave a staff report recommending approval. Purvis: Asked that the traffic routing be pointed out. Simpson: Expressed concerns about providing additional handicap park- ing. Bobby Thomas: Architect for the bank building. Explained the rule of thumb for calculating handicap parking as being one handicap space per 100 other spaces. Note: Staff agreed to recheck the handicap standards against federal standards and if substantially different, to require the applicant to change the number of parking spaces shown. Georg: Moved to approve The Arena PUD Phase Two, IntraWest Bank - Final Dow: Second. Vote: Motion carried 7-0. 12. #6-80B Stuart Hill PUD Replat - Preliminary and Final Request to replat a two -lot PUD to enlarge two building envel- opes on one -acre, located north of Stuart Street, approximate- ly 1,000-ft west of Lemay Avenue, zoned R-P, Planned Residential. Applicant: Gene B. Christensen, c/o Engineering Professionals 2020 Airway Avenue, Fort Collins, Co. Frank: Gave a staff report recommending approval. Dave Younger: Applicant. Sutter Architects and Planners. Would be available to answer questions. Purvis: Moved to approve Stuart Hill PUD Replat - Preliminary and Final. Crews: Second. Vote: Motion carried 7-0. COUNTY REFERRALS 14. #38-82 Nix Urban Growth Area Amendment Request - County Referral Request to amend the Urban Growth Area to include 77.5-ac located north of Horsetooth Road, 1/2-mile west of Taft Hill Road. Applicant: Jerry M. Nix, 2105 South Shields Street, Fort Collins, CO. Albertson -Clark: Gave a staff report recommending approval. Noted also that this recommendation would be to City Council, not to the County. Jerry Nix: Applicant. Gave a brief history of the area and stated that he and Jill O'Gara from the County Planning office would be available to answer questions. Albert Barnes: Resident 2637 West County Road 40. Voiced his opposition to the expansion of the Urban Growth Area. Stated that he did not feel that it would improve his situation. Felt that it would decrease the value of his property and would increase his costs in terms of taxes. Felt that his quality of life would be adversely affected. Simpson: Stated that she was concerned that in previous votes the Board had voted to support Option B. She felt that this decision seemed to be a little premature and that the Board should not contradict it's previous vote. Georg: Moved to recommend to City Council the approval of the Nix Urban Growth Area Amendment Request subject to the condition that development within the Urban Growth Area extension be done with consideration to the guidelines that had been adopted for development in the rural non -farm area as follows: 1. Public water and sewer will be required. 2. Structures should be located below ridgelines. These occur approximately at the 5200' elevation line. -7- Ross 3. Underground utilities will be required. 4. Development should be designed to conform to the terrain. Structure sites should be identified by building envelopes, and located so that grading and filling are kept to a minimum. Natural features such as drainage swales, rock outcroppings and slopes should be retained. 5. Design should demonstrate a concern for the view of the hills as well as from the hills. 6. Design should take into account the unique micro -climate of the Foothills. Building envelopes should be selected, landscape plans designed and individual structures built for protection from high winds and to function with maximum conservation of energy. 7. Development design should consider wildlife habitat. Leaving open space in a single block is encouraged. 8. Development design should address compatibility with existing and planned uses on adjacaent public and private land. This might include buffering incompatible uses or pro- viding access through the development to public recreation areas. Second. Vote: Motion carried 4-3. (Gilfillan, Simpson, Crews voting no.) 15. #38-82A Nix Rezoning Request - County Referral Request to rezone 77.5-ac from FA-1 Farming, to R-1 Resident- ial, located north of Horsetooth Road, 1/2-mile west of Taft Hill Road. Applicant: Jerry M. Nix, 2105 South Shields Street, Fort Collins, CO 80526. Albertson -Clark: Gave a staff report recommending approval subject to it being developed as a PUD and that the entire parcel be rezoned. Noted also that we would support this rezoning assuming that the area goes into the Urban Growth Area. Jerry Nix: Applicant. Discussed the densities of the entire area and stated that they had a natural restricting limit because a good portion of the property was above the 5200' line. Stated that through a PUD the denisities would be shifted appropri- ately. -8, Albert Barnes: Resident 2637 West County Road 40. Voiced opposition to the rezoning. Stated that the roads in the area are grossly overloaded and would not be able to accommodate additional traffic. He felt that the rezoning needed further considera- tion before being approved. Nix: Pointed out that the roads in the area could not be upgraded as long as the area remained in the County. Simpson: Felt that it would be more in line to put a restriction on this proposal of 4 units per acre and let that be a transition area into higher densities into the City. Dow: Felt it would be unfair, at this time, to restrict absolutely the development. Stated that the concerns would be reviewed at the time that a PUD was submitted. Moved to recommend to the County approval of the Nix Rezoning Request subject to it being developed as a PUD and that the entire parcelbe rezoned, and subject to the acceptance of the area into the Urban Growth Area. Georg: Second. Vote: Motion carried 4-3. (Gilfillan, Simpson, Crews voting no.) 16. #46-82 Udy Exemption Request - County Rrferral Request for a 2-lot exemption on 22-ac, zoned R-Residential, located at the west side of Overland Trail, north of Vine Drive. Applicant: Doyle & Madelyn Udy, 1680 Wilson Court, Boulder, CO 80302. Albertson -Clark: Gave a staff report recommending approval subject to an additional 30-ft of right-of-way being dedicated along Over- land Trail. Doyle Udy: Applicant. Stated he would be available to answer questions. Georg: Moved to recommend to the County approval of the Udy Exemption Request subject to an additional 30-ft of right-of-way being dedicated along Overland Trail. Gilfillan: Second. Vote: Motion carried 7-0. 17. #47-82 Elder Reservoir Estates - County Referral Request for a 4-lot subdivision on 41.5-ac, zoned 0-Open, located at the west side of County Road 11, south of Elder Reservoir. Applicant: Stewart & Associates, P.O. Box 429, Fort Collins, CO 80522. Albertson -Clark: Gave a staff report recommending denial. Keith Dixon: Applicant. Owner of the property. Gave a history of the area. Stated that they did not want to use the exemption process, but rather a subdivision process so that they could guarantee the type of atmosphere that would be created in this area. Stated that they planned to use protective covenants for the area. Discussed densities, mineral rights, water rights, utilities, and access. Gilfillan: Questioned if there were any particular rights -of -way or setbacks that the City would recommend. Rupel: Stated that this was outside the UGA and that we did not have that kind of detailed information on these plans when we were looking at them. Simpson: Stated that she liked the idea of a transition and that she would rather see this kind of development than poor use of the land. Georg: Commented that we have an agreement with the County with regard to development within the UGA and we have an under- standing of what the County's development areas are. Stated that it was with respect to their plan for this area that the Board was making a recommendation. Stated that he did not think that we needed further inventories of land in the County of this designation and that encouraging this kind of development would encourage other further selling of land for development in this area, which is inconsistent with the County's plan. Crews: Stated he was concerned about setting a precedent. Simpson: Stated that there should be a transition area. Dixon: Stated that the precedent had already been set in the area. Stated he was trying to protect the area from more develop- ment, he did not want smaller than 10 acres. Georg: Moved to recommend to the County denial of Elder Reservoir Estates. -10- Purvis: Second. Vote: Motion defeated 5-2. (Georg, Purvis voting yes.) Dow: Moved to recommend to the County approval of Elder Reservoir Estates. Simpson: Second. Vote: Motion carried 5-2. (Georg, Purvis voting no.) Georg: Stated for the record that this was a very poor precedent to be setting. Meeting adjourned 10:35 p.m. -11- 0 PLANNING AND ZONING BOARD WORK SESSION Date: July 23, 1982 Time: 12:00 Noon Place: CIC Room, New City Hall Agenda: Work Session for regular P & Z meeting of July 26, 1982 Board Present: Ross, Georg, Purvis, Stoner, Dow, Gilfillan Board Absent: Simpson, Crews -12-