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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 03/17/2005Liaison: Karen Weitkunat Chairperson: Judy Meyer Vice Chair: Dave Lingle Phone: (W) 490-2172 Phone: (W) 223-1820 Chairperson Meyer called the meeting to order at 6:03 p.m. Gloss Roll Call: Torgerson, Schmidt, Lingle, Craig and Meyer. Members Stockover and Carpenter were absent. Staff Present: Gloss, Eckman, Shepard, Aspen, Waido, Mapes, Joy and Deines. Citizen Participation: None. Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the January 20, 2005 Planning and Zoning Board Hearing. 2. #4-05 Delta Chi Fraternity House, 321 W. Myrtle — Project Development Plan. Discussion Agenda: 3. #5-05 Crawford Annexation and Zoning 4. #36-05B Recommendation to City Council on the Amended North College Urban Renewal Plan's Conformity with City Plan. Member Craig pulled Item 2, Delta Chi Fraternity House for discussion. Member Torgerson moved for approval of Consent Item 1. Member Schmidt seconded the motion. The motion was approved 5-0. Project: Delta Chi Fraternity house, 321 W. Myrtle — Project Development Plan, #4-05 Project Description: Request to change the use of an existing four- plex from multi -family residential to fraternity. The property is zoned NCB — Neighborhood Conservation Buffer District. Planning and Zoning Board Minutes March 19, 2005 Page 2 Hearing Testimony, Written Comments and Other Evidence: Anne Aspen, City Planner gave the staff presentation. She stated that all the residents of the existing multi -family dwelling at 321 W. Myrtle are members of the Delta Chi Fraternity and are students at Colorado State University. They wish to change the use of their multi -family, four-plex in which each unit has four bedrooms to a Fraternity so they can hang the letters of their Fraternity on the front of the building. A neighborhood meeting was held on January 12, 2005; one neighbor attended and did not have any serious concerns about the change of use. She stated that staff was recommending approval of the project. Member Craig asked if the owner of the building was here tonight. He was not. Member Craig asked Matt Mulligan, applicant on the project if Delta Chi had a Fraternity any place else in town. Mr. Mulligan replied not in Fort Collins, but two other Chapters at the University of Colorado and also University of Northern Colorado. Member Craig asked if the owner understood if out of this four-plex if part of them would leave, then it would have to be Fraternity brothers that come in. Mr. Mulligan replied that they have discussed it with him and they are going to sign a contract that states that if and when Delta Chi does decides to leave that location or the University as a whole they would fund whatever is needed to change the use back to a multi -family designation. The contract would leave them liable regardless of what happens. They would be signing a long-term lease from five to ten years guaranteeing the owner at least that. They have no intention of leaving any time soon. Member Lingle asked how many people were living in the house, Mr. Mulligan replied there were sixteen. Member Lingle asked how they planned on accommodating their growth. Mr. Mulligan replied that one of the best selling points that Delta Chi has in recruiting new members is allowing them to have their own bedroom. That is one thing they don't plan on changing is occupancy in the house. Regardless of how big the chapter gets, the house will not occupy any more than sixteen members. He has also spoken to owners of houses in the neighborhood on where they might put some guys up as an annex. Planning and Zoning Board Minutes March 19, 2005 Page 3 Member Lingle asked if they plan on doing any remodeling of the building Mr. Mulligan replied that each unit has its own kitchen and if there were to be any remodeling it would be to the garage as maybe a game room. Planner Apsen replied that due to the parking requirements, they would not be able to change the garage because it is counted in the parking requirements. Member Lingle asked Deputy City Attorney Eckman if he thought the city was adequately protected in changing this use. Mr. Eckman replied that he thought that the city is as well protected as we are with most uses. We have to keep a constant vigilance to make sure that our zoning ordinances are being enforced and are Project Development Plans as they have been approved continue to exist in accordance with the approval and no one is changing them. He did not think that we could differentiate this Fraternity house from anything else we would approve. We are required to give everyone equal protection of the laws and they are entitled to make a change of use to Fraternity house if they wish to and we use the parking as a tool to make sure they don't over occupy the building. Member Torgerson moved for approval of Delta Chi Fraternity House, Project Development Plan #4-05. Member Schmidt seconded the motion. The motion was approved 5-0. Project: Crawford Annexation and Zoning, #5-05 Project Description: Request to annex and zone a 30.04 acre parcel. The site is located approximately one- half mile west of North College Avenue on the south side of West Willox Lane. The recommended zoning is UE, Urban Estate. Hearing Testimony, Written Comments and Other Evidence: Ted Shepard, Chief Planner gave the staff presentation recommending approval of the project. Planning and Zoning Board Minutes March 19, 2005 Page 4 Public Input Pat Pitt, 1522 Wood Lane lives adjacent to this parcel and has questions regarding contiguity and they thought that there had to be an enclave for three years before annexation could occur. Deputy City Attorney Eckman explained that it had to be surrounded for three years if it was to be an involuntary annexation. This is a voluntary annexation where there is a petition. In the case of a voluntary annexation there only needs to be 1/6 perimeter of the annexing property contiguous to the existing city boundaries. This annexation is 33% contiguous. Mr. Pitt, 1522 Wood Lane, adjacent to the property asked if there would be a chance for cluster homes in the area. Planner Shepard replied that if the Planning and Zoning Board agrees with the Structure Plan map designation for Urban Estate Zoning, then yes there would be an option for cluster plan development. Mr. Pitt asked how much open space that would leave. Planner Shepard replied that it would require that there be no less than 50% open space. Mr. Pitt asked if that would be guaranteed to stay open space. Planner Shepard replied yes, protected either by a conservation easement granted to the city or granted to a Homeowners Association. There has to be a legal instrument to protect it from ever developing. Mr. Pitt asked where the watershed from that development would be going, what direction. Planner Shepard replied that civil engineering has not been done on the site yet, but that will be a requirement for a submittal for a Project Development Plan. Mr. Pitt asked about access for the development. Planner Shepard replied again that would be part of the Project Development Plan submittal. f Planning and Zoning Board Minutes March 19, 2005 Page 5 Member Schmidt asked if there would be public hearings for the Project Development Plan. Mr. Pitt asked what the time frame is for this project Planner Shepard replied that the only time frame he has now is the annexation and zoning process. The time frame for that is that after tonight's Planning and Zoning Board meeting, it goes to City Council for first reading on April 19th and then second reading the first Tuesday in May. There has not been a submittal for a Project Development Plan yet, so he has no time frame. Mr. Pitt asked if there were any other options for zoning on that property. Planner Shepard replied that would be up to the Planning and Zoning Board. Jean Pakech, 1522 Wood Lane was concerned about the Land Use Code and in the Urban Estate District it allows cluster development. She felt that was a loop hole for developers and she was wondering if there were any other options of rezoning except for Urban Estate that would allow development only to happen there that would be similar to what is already there surrounding the property. Chairperson Meyer asked what the least amount of density could be in this community. Planner Shepard replied RF, Foothills Residential, which is 2.29 acres. He said to keep in mind that the Urban Estate zone does offer two options, one is the cluster option and the other is that there be lots that are no less than ''/z acre in size and that the east side of this Crawford Annexation parcel abuts the Hickory Village Mobile Home Park. So there is some Urban Estate character out there, there is also some urban character as well. Deputy City Attorney Eckman addressed the question of the two lowest density zone districts. There is the Urban Estate and the Foothills Residential districts. The RF district would not appropriate for this area. If you are looking for low density within the city limits, the Urban Estate district is the only one available. Member Schmidt thought that part of the idea behind the clustering in Urban Estate was so when there is a situation like this, there is more urban uses on one end; and that if you cluster your homes then you can put those closer to the urban areas and buffer them with larger lots towards the other end. Ms. Pakech responded that small lots in a little cluster will create a lot more traffic, increase crime and noise. They are not happy because they moved to the north end of Planning and Zoning Board Minutes March 19, 2005 Page 6 town because they did not want the high density that the city was creating, so they made a choice to live in a different area and now they are taking that away from them. Chairperson Meyer recommended that they keep involved in the process as the project moves along. Member Lingle moved for a recommendation of approval to City Council for the Crawford Annexation and Zoning, #5-05 based on the finding of facts and conclusions on page 3 of the staff report. Member Schmidt seconded the motion. Member Lingle commented that this was a logical annexation and he supported the voluntary annexation that the applicant is proposing and find that the requested zoning of Urban Estate is the most appropriate zoning classification for this parcel. The motion was approved 5-0. Project: Recommendation to City Council on the Amended North College Urban Renewal Plan's Conformity with City Plan, #36-05 Project Description: Recommendation to City Council for a proposed amendment to expand the North College Avenue Urban Renewal Plan boundary eastward to Lemay Avenue from its current eastern limit at Redwood Street. Hearing Testimony, Written Comments and Other Evidence: Chief Planner Ken Waido explained to the Board that this was a request to amend the boundary of the Urban Renewal Plan for North College Avenue adding about 137 acres. Staffs recommendation is for the Board to recommend to City Council that this is not in conformance with City Plan. Citizen Input None. The Board did not have any discussion on the matter. Planning and Zoning Board Minutes March 19, 2005 Page 7 Member Craig moved to recommend to City Council that the proposed amendment to the North College Avenue Urban Renewal Plan is not in conformance with City Plan and the justification is concurrence with the staffs written recommendation in the staff report. Member Schmidt seconded the motion. The motion was approved 5-0 with Members Stockover and Carpenter absent. There was no other business. The meeting was adjourned at 6:33 p.m. These meeting minutes were approved by the Planning and Zoning Board April 21, 2005.