HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 05/17/2007Chairperson Lingle called the meeting to order at 6:05 p.m.
Roll Call: Campana, Lingle, Rollins, Schmidt, Smith, Stockover, and Wetzler,
Staff Present: Shepard, Eckman, Aspen, Schleuter, Averill, and Sanchez -Sprague
Chief City Planner Ted Shepard reviewed the Consent and Discussion Agendas.
Citizen participation: None.
Consent Agenda:
1. Minutes from the May 18, 2006, October 19, 2006 and April 19, 2007 Planning and Zoning
Board Hearings.
Discussion Items:
2. #8-07 Fort Collins Supportive Housing Project Development Plan
3. Recommendation to City Council for Spring 2007 Biannual Revisions, Clarifications and
Additions to the Land Use Code
Member Smith moved for the approval of the Consent Agenda, which includes minutes for May
18, 2006, October 19, 2006 and April 19, 2007.
Member Schmidt seconded the motion.
Motion was approved 7-0.
Project: Fort Collins Supportive Housing P.D.P., #8-07
Project Description: This is a request for three-story apartment building containing 23
dwelling units located on the south side of Harmony Road between
College Avenue and Hogan Drive. The site is 2.06 acres in size and
zoned H-C, Harmony Corridor. This is a specialized housing opportunity
as each unit would be barrier -free and reserved for persons with
physical disabilities.
The project includes two Requests for Modification. The first would
reduce the minimum required number of parking spaces from 36 to 24.
The second would reduce the front setback from Harmony Road from 30
feet to 20 feet.
Recommendation: Approval of the P.D.P. with two conditions and Approval of the Two
Modifications
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May 17, 2007
Page 2
Hearing Testimony, Written Comments and Other Evidence:
Chief Planner Ted Shepard reported the property is included in the Harmony Corridor plan and
designated as "Basic Industrial Non Retail Employment Activity Center." Compared with the size of
most parcels in the Harmony Corridor, this property is relatively small as are the two adjoining
properties on either side. Together the three parcels have been granted some relief from this
Harmony Corridor land use designation and are allowed to have secondary uses without the benefit of
any primary uses or a business park. The proposed land use, multi -family housing, is an allowable
secondary use in the Basic Industrial Non Retail Employment Activity Center.
The building will have three -stories achieving a height of 38 feet to the top of the ridgeline. The first
story is mostly brick with shake and lap siding on the upper two floors. The pitched roofs provide
varying rooflines and consist of asphalt -fiberglass shingles. A portico topped by a small -pitched roof
protects the south -facing entrance. Colors are a mix of subdued earth tones. All sides include
windows.
With respect to Fairway Estates, the building is situated north and west of the nearest residential
property approximately 105 feet from building to building. The building does not present a long side to
the nearest residence, but rather a corner so there is no disproportionate intrusion due to height,
mass, bulk, scale and privacy. Staff finds that the distance, combined with the attractive residential
size and scale of the building, creates an acceptable condition that while not similar, effectively
mitigates any perceived impacts.
The shifting of the building as far north as possible creates an effective separation from the nearest
residence. The landscape plan provides screening from the parking lot and private drive. The buffer
zone protects the naturalistic qualities associated with Mail Creek. There are no traffic impacts on the
neighborhood streets. The project, while not the same as single-family detached homes, is sensitive
to and maintains the character of Fairway Estates.
A detached sidewalk will connect the site to the intersection of Harmony and Hogan Drive.
Cooperation with the two intervening property owners to complete this walk has been obtained.
Harmony Road is classified as a major arterial street. There will be only one point of access on
Harmony Road in accordance with the Harmony Road Access Management Plan. A sidewalk will be
constructed along Harmony along the subject property frontage as well as an off -site extension to
Hogan Drive across the frontage of the dental clinic and via an access easement along Fire Station
Number Five. In addition, the driveway is specifically designed with a 30-foot width so that it can be
shared with future development to the west thus eliminating one potential driveway along Harmony
Road.
The Project Development Plan complies with the Harmony Corridor Plan and the development
standards of the Harmony Corridor zone. The P.D.P. also complies with the General Development
Standards with two exceptions. Two Requests for Modification for parking and building front setback
have been evaluated and recommended for approval. A neighborhood meeting has been held and
the project is sensitive to and maintains the character of Fairway Estates. Staff recommends
Approval of the P.D.P. with two conditions and Approval of the Two Modifications
Dan Billmark, Director of Real Estate Development for ASI (Accessible Space Inc.,) a non-profit
agency that supports communities in bringing accessible, affordable housing for individuals with
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May 17, 2007
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disabilities, reported the 23,000 square foot building will have 23 wheel chair friendly units. One of the
units is dedicated to the caretaker for the complex. Primary funding for project development and
rental assistance is provided by HUD Section 8.11 program. Local support in the form of $800,000
from the City of Fort Collins and $500,000 from the State of Colorado has moved this project forward
to the place where it is today.
Michael Nicely of Distyle Design is the architect for the project. He reported ADA design features,
HUD requirements, City Plan standards and guidelines as well as feedback from neighbors at a
neighborhood meeting held September 20, 2006 were the primary considerations when designing the
building and it's placement on the site.
The developer has constructed nearly 125 similar housing projects across the country. Their
experiences shows that due to the nature of the occupants and their disabilities, parking needs for
supportive housing developments do not exceed a ratio of 1 space per dwelling unit. The building has
23 dwelling units. Typically, only about 40 percent of the occupants will own a vehicle. The vast
majority of the residents will avail themselves of alternative public and private modes of transportation.
The building could meet the setback but has been pulled north based on the specific request from the
abutting residence to the east to preserve as much westerly view as possible. In consideration of this
request, and to promote neighborhood compatibility, the building has been placed 20 feet instead of
30 feet back from the front property line. Another benefit of the 20-foot setback is that it results in a
greater than required buffer zone for Mail Creek on the south of the property. There is arguably
greater natural resource value in protecting the riparian zone along Mail Creek than meeting the 30-
foot setback line along East Harmony Road. The front setback will continue to be landscaped with
street trees, turf and foundation shrubs.
Member Schmidt asked how the residents would get to the front door and sidewalk. Nicely, using a
project graphic, showed two exits, including one from the community room to the sidewalk that leads
to Harmony.
Member Schmidt asked about landscape plans for the east side of the lot. Because it's a three-story
building, would the trees buffer resident's lights after dark? Nicely stated the residents would have
blinds to use for privacy as it got dark and that the adjacent eastern property is commercial and most
likely would not be negatively affected.
Member Rollins asked about the design and the opportunity for residents to have an area from where
they could enjoy the outdoors on the Mail Creek side. Nicely responded there will be a patio area with
pedestal type tables and a barbeque where residents, if they are able, can enjoy a view of the creek.
Visitors could take residents to the edge of the driveway for a better view of the natural habitat.
Chair Lingle asked if this facility is for independent living —not staffed. Billmark replied that is for
independent living with a resident caretaker. Some residents will have the opportunity for supportive
care services (attendant care) certain times of the day. It's designed for severely disabled individuals
to live independently with custom designed showers, kitchens, oversized elevators that can be
operated by those with mobility impairments.
Chair Lingle asked the designers to speak to the philosophy of having a facility that is 100% dedicated
to people with physical disabilities —segregating them from the general population. Ideally it would be
wonderful to provide housing that was more integrated. The need, however, for affordable homes
such as this is phenomenal. You could build five complexes and fill them rather quickly with people
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upon learning they have secured a unit are brought to tears to learn they will be able to enjoy the
independence and the amenities of a complex such as this.
Public Input
David Ramsey, is the President of the Fairway Estates HOA. He's appreciated working with City staff.
He said they're primary concern is the safety of the residents getting to retail in the area. The areas of
concern are the culvert and the timing of lights to cross Hogan and Harmony to give them access to
shops and buses. The culvert runs from the property all the way to the shops west of the property
and is three feet deep and three feet wide. Consideration needs to be given to its design and safety
features so as not to create safety problems for wheel chair bound individuals using it. Also, there is
concern about the time of the lights —there is 12 seconds to cross Hogan and 21 seconds to cross
Harmony with no medium in the middle.
Nancy Jackson, is the Director of Disabled Resources Services. She would like to lend support to the
project. Diversity is a part of the makeup of any community. People with disabilities also need a way
to fit into the community and be a part of the mix. This housing project is an opportunity for individuals
who have often been forgotten and marginalized. Member Schmidt asked Ms. Jackson what her
thoughts were regarding the issue of crossing Harmony safely. Ms. Jackson said she would be willing
to contribute in any way to help the people that will be served by this facility.
Delores Kepler, the regional program manager for the MS Society, would like to support this project.
An accessible facility was just built in Longmont and it's had great success. Not every resident is in a
wheel chair —some (including those with MS) may simply need a walker to support their efforts to be
mobile. She would also encourage the design of an outdoor area that overlooked the creek the
residents could enjoy.
Jackie Shary, a disabled individual, drove from Longmont. She is a resident of the new facility there.
It's the first time in 65 years she's had the ability to live on her own. It's a pleasure to be able to do
things on her own —no one knows what a feeling of satisfaction you get or how it improves your
quality of life if you haven't been in a wheel chair.
Alison Gossich, works at Disabled Resource Services as an advocate. There are currently young
people who live in rest homes because accessible housing is not available for them. Also there are
homeless individuals who have accessible housing needs who have waited a long time for housing.
This is an important project. It would give her a chance to place individuals, who don't currently have
that option, in the accessible housing project.
Public Input Closed
Transportation Department staff member David Averill spoke to the issues of safely crossing Hogan
and Harmony. He tested crossing times and like Mr. Ramsey found the same results. He's spoken to
Traffic Engineer Eric Bracke. Once the project is constructed, Bracke will evaluate the situation and
modify crossing times. He is also considering adding a countdown system to alert pedestrians about
how much time remains to cross the street. Besides bus service (travels east on Harmony as far as
JFK Parkway, then turns north,) residents will also be eligible for Dial -a -Ride services.
Chair Lingle also asked staff to address the issue of the culvert. Per Utilities staff member Glen
Schleuter, the culvert provides drainage for the south side of Harmony. He said he's seen plans that
take the culvert several hundreds of feet west of the project. Nicely said the culvert is 8-10 feet from
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May 17, 2007
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the edge of the sidewalk with a grassy swale and trees to visually balance the sidewalk and
landscaping design.
Member Rollins asked who's responsible for snow removal. Averill reported the property owners. In
fact, because Harmony is an arterial, it's good there is some distance between the sidewalk and the
street because there will be a place for snow plowed by the Streets Department.
Member Wetzler asked what type of fire evacuation plan will be in place. Nicely reported that besides
a caretaker on site, the elevator will complete one full pass in the event of a power outage and there is
a refuge area. Additionally there will be fire barriers and the residents will get an evacuation
orientation. Also there is a 24-hour monitoring system --residents have an electronic call system in
their units.
Member Schmidt asked about how noise would be abated. Nicely responded with the density of the
sheathing, insulation in the walls, windows, and the large mass of brick veneer will mitigate the low
frequency sounds emanating from the traffic.
Member Smith asked about the access control plan. Shepard reported the adjacent property to the
west (Alpine Dental) has already been through the PDP process and will have a single access that
was deeded by the State when CDOT had jurisdiction. The City and CDOT have agreed to the
access plan so with CDOT no longer having jurisdiction, the City will honor that agreement.
Member Campana asked what the design would have looked like with a 30-foot setback. Nicely
responded it would block the visual access of one neighbor and fill would have been required for the
south parking lot. So in this situation it's a win -win.
Chair Lingle asked if Shepard if he was satisfied with the streetscape along Harmony. Shepard
responded yes. With the non-residential properties to the east and west needing to meet the "build to"
line and this property needing to meet "set back" requirements; it's offered some flexibility and a win -
win resulting in an outcome that is acceptable from an urban design visual perspective.
Member Schmidt made a motion approve the modification to Section 3.2.2(K)(1)(a) relative to
required minimum number of parking spaces as the granting of the modification of this
standard would not be detrimental to the public good and the proposal as submitted will
promote the general purpose of the standard for which the modification is requested equally
well or better than would a proposal which complies with the standard and for the reasons
listed on the Findings of Fact on page 10 of the Staff Report. Stockover seconded the motion.
The motion passed 7:0.
Chair Lingle stated he believed the applicants made a compelling reason in support of that
modification.
Member Schmidt made a motion approve the modification to Section 3.5.2(D)(1) relative to
residential building setbacks from arterial streets as the granting of the modification of this
standard would not be detrimental to the public good and the proposal as submitted will
promote the general purpose of the standard for which the modification is requested equally
well or better than would a proposal which complies with the standard as well as the reasons
listed on the Findings of Fact on page 12 of the Staff Report. Stockover seconded the motion.
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May 17, 2007
Page 6
Member Schmidt thought the applicants have done an admirable job of what has been called a 'win -
win' for the neighbors and the project. She thought the residents would appreciate the abatement
efforts (at additional cost) to mitigate the traffic noise.
The motion passed 7:0.
Member Schmidt made a motion to approve the Fort Collins Supportive House PDP # 8.07
including the two conditions listed on page 14 and the Findings of Fact that start on page 13 of
the Staff Report. Smith seconded the motion.
Member Rollins asked if it's within the Board's authority to request an area where the residents could
safely enjoy the out doors? Deputy City Attorney Eckman said yes if you could tie it to some part of
the Land Use Code you believe would not otherwise be met as proposed. In fact, Section 2.9.9
allows additional conditions as are necessary to accomplish the purpose and intent of the Land Use
Code.
Shepard said that at a staff level it had been considered but there are complications related to the
landscape plan, headlight glare, not fencing the property and the concerns about liability if an
individual was injured on HOA property. He recommended that if the residents wanted to pursue such
a refinement it could be handled in the future with a minor amendment which would involve the HOA
and mitigate the issues. Member Schmidt agreed --thinking the residents could safely use the
parking areas to enjoy the natural beauty in the area.
Member Schmidt wanted to thank the applicants for a great job in securing such a much needed
facility. She hopes there will be opportunities for more.
Chair Lingle appreciated the work of the architects to work with the neighbors and their efforts to de -
institutionalize the design.
The motion passed 7:0.
Project: Spring 2007 Biannual Revisions, Clarifications and Additions to the Land Use
Code
Project Description: This is a request for a Recommendation to City Council regarding the
biannual update to the Land Use Code. There are proposed revisions,
clarifications and additions to the Code that address a variety of subject areas
that have arisen since the last update in Fall 2006.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence:
There are 17 proposed items that change, clarify or add to the Land Use Code. There is a significant
addition to the Supplemental Regulations addressing Transit Oriented Development in the portion of
the Overlay Zone that lies south of Prospect Road. The revisions, by Article, are summarized as
follows:
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Article One — Organization — one change;
Article Two — Administration — three changes;
Article Three - General Development Standards — three changes;
• Article Four — Districts — seven changes;
• Article Five - Terms and Definitions — three changes.
There is one additional change. Section 2.1.5 Dedications and Vacations parts A & B. The change
made at the request of the Board would allow the Director to also accept the dedication of streets,
easements, and other rights -of -way shown on the plats and deeds associated with a specific planning
item.
The Board agreed to pull those items for which they would like to set aside for discussion. The items
pulled were:
762
763
767
769
771
773 (item related to most recent change —revised wording.)
Member Schmidt made a motion to approve the following Land Use Code change items
number: 689, 761, 764, 768, 770, 774, 775, 776, 777, 781, and 782.
Member Wetzler seconded the motion. The motion passed 7:0.
Item 762. Member Schmidt mentioned that a couple of times in the past applicants have asked for
extensions —two in one instance. If we reduce time, will there be application for more extensions.
Shepard responded that this is for large cases only and in his recollection an extension was only
invoked once for Harmony Tech Park, a large-scale project.
Member Schmidt made a motion to approve Land Use Code change number 762.
Member Smith seconded the motion. The motion passed 7:0.
Item 763 (which included a presentation) was continued to later in the meeting.
Item 767. Chair Lingle asked for clarification —what are we trying to clarify. Staff member Barnes
responded that currently drive-in restaurants have two methods —a carhop (like Sonic) and a drive-
thru (like MacDonald's.) This change is for clarification and cross- referencing of definitions in Article
5. Barnes went further to state that if there were limitations in a particular zone, the Code would state
what was allowed.
Member Schmidt made a motion to approve Land Use Code change number 767.
Member Smith seconded the motion. The motion passed 7:0.
Item 771. Chair Lingle had a question if whether existing buildings larger than 600 square feet by this
change would become legal/non-conforming uses. Barnes said they already were. The wording of
the new regulation with regard to detached, accessory buildings can be interpreted in such a way that
only new accessory buildings with water and/or sewer service are considered to have habitable space
and are subject to Type 1 review. This interpretation would mean that existing detached, accessory
buildings which already contain water and/or sewer service or for which the owner desires to add
water and/or sewer service are currently not consider to be "accessory buildings with habitable
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May 17, 2007
Page 8
space." Therefore, proposals to remodel such buildings or to add water and/or sewer service are not
subject to a Type1 review. Staff believes the intent of the 2004 amendment is that ALL accessory
buildings with water and/or sewer service should be considered to be buildings that contain habitable
space, regardless of whether or not the building is a new building or an existing building.
Chair Lingle asked for clarification of part two of Item 771. As currently written, any area in an
accessory building with a ceiling height of less than 7 Yz feet does not count towards the 600 square
feet of allowed floor area. This has resulted in cases where an applicant proposes a 2-story accessory
building containing a 600 square foot garage with a ceiling height of 7' 5'/z" on the ground level and
an additional 600 square feet of space on the second level with a ceiling height of at least 7 Yz feet.
The area of the ground level garage doesn't count because of the imperceptible''/2 inch lower ceiling
and therefore this building is allowed even thought the perceived floor area of the building is really
1200 square feet instead of 600 square feet. Staff recommends the floor area of accessory buildings
include the entire ground floor regardless of ceiling height.
Member Schmidt made a motion to approve Land Use Code change number 771.
Member Stockover seconded the motion. The motion passed 7:0.
Item 773. Eckman reported the genesis of this item was at the Board's request to move more of the
reviews of dedication of streets, easements, and other rights -of -way shown on the plats and deeds
associated with the a specific planning item to the Director.
Member Schmidt made a motion to approve Land Use Code change number 773.
Member Wetzler seconded the motion. The motion passed 7:0.
Item 769. Chair Lingle referred to page 14 of the staff report (Section 20 of the proposed ordinance.)
He has concerns about the exclusion of ribbed or corrugated metal panels. In his opinion there are
some high -end ribbed and corrugated materials that would be appropriate in some applications. He
would like to see the last sentence ("Architectural materials" shall not include ribbed or corrugated
metal panel systems.) stricken. Board and staff discussed the merit of its specificity, intent with
regard to aesthetics, as well as if it might be more appropriate in some zones (industrial zone versus
the downtown/Canyon Avenue corridor.) Shepard said he would be comfortable in removing the
sentence.
Member Schmidt noted she appreciated Lingle's desire to allow creative and appropriate uses of
architectural materials but in some cases it would be good to have it in the Code. Member Stockover
agreed that if an applicant wanted to use the materials they come before the Board for review.
Member Schmidt made a motion to approve Land Use Code change number 769.
Member Wetzler seconded the motion. The motion passed 5:2 with Lingle and Smith
dissenting.
763. Staff member Anne Aspen reviewed information related to Transit Oriented Development (TOD)
TOD is development that supports and is supported by a transit facility or area with a high degree of
multi -modal travel, such as: Mason Corridor (future BRT, auto, bike, pedestrian), Downtown (Mason
Corridor, auto, pedestrian, bike), CSU Main Campus (auto, bike, pedestrian.) Ingredients for
successful TODs are: compact development, district orientation, diversity of uses, especially mixed -
use within one building, priority on pedestrians and ample civic spaces.
Transit -Oriented Development Overlay Zone background to implement policies re: redevelopment and
infill have been to acknowledge areas of high multi -modal transportation in our regulations Downtown,
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May 17, 2007
Page 9
Campus, along future Mason Corridor. The Land Use Code contains numerous effective regulations
that are TOD supportive, most notably connecting walkway standard and build -to line standard.
The Fall 2006 Land Use Code changes established a TOD Overlay Zone map and eliminated
minimum parking requirements for multi -family residences in the Overlay. Parking in these areas
does not go away, but is dictated by market demand, not green fields development standards.
Proposed Spring 2007 Land Use Code changes to facilitate the creation of TODs will identify and
remove remaining green fields -type standards in the Overlay, encourage the creation of compact
mixed -use developments with regulatory incentives, promote high -quality streetscape standards
throughout the TOD Overlay, and ensure compatibility with existing neighborhoods.
The Commercial Zone District is the only true commercial corridor in the City that has the most
allowable uses, has the least stringent design standards, and tends to be the most auto -oriented.
The challenges were: how do we encourage TODs without altering the commercial nature of this area
and how can we encourage a pedestrian -orientation without recreating downtown?
Code Change Highlights
• Enhance streetscape standards in C-Commercial Zone
• Allow height increases above 4-story limit south of College if the project mixed -use and
includes targeted uses such as residential, affordable housing, employment and/or structured
parking
• Promote compatibility with upper level setback standards and design quality standards
Member Schmidt asked if the setback requirements for the upper floors of four-story buildings any
different that what is required now. Shepard responded no.
Chair Lingle asked for clarification of the parking structure design requirement related to auto
entrances shall be located and designed to minimize pedestrian/auto conflicts; particularly the entry
must be separated from the sidewalk by low planters or a low wall and no blank walls shall be allowed
on either side of the entry. Aspen responded that the intent is to separate the pedestrian walkways
from being right next to the building to insure pedestrian safety. Also the front wall of the building at
the parking entrance will require articulation such as different materials. Diagrams will be available to
assist the reader in the final document.
Chair Lingle asked about display window requirements. Why 75%—why not 90%? Maybe we should
increase that. Chair Lingle also wanted clarification of the materials and colors section. Board & staff
worked to change language on Division 3.10--Development Standards for the Transit -Oriented
Development (TOD) Overlay Zone in the areas of display window requirements and character and
image --material and colors section. Those changes will become a part of the ordinance to be
recommended to City Council.
Member Schmidt made a motion to approve Land Use Code change number 763 with changes
recommended in the display window requirements and character and image --material and
colors section. Member Stockover seconded the motion.
The motion passed 7:0.
Chair Lingle thanked Anne Aspen & David Averill for their work.
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Page 10
Other Business:
Chair Lingle reported that he had been approached by a Coloradoan columnist who would like to write
an article on the Planning & Zoning Board in June. He'll be meeting with her on Wednesday, May 30,
8:30 at Starry Night. If any other Board member would like to join him, please RSVP. If more than
three members will be in attendance, he'll make arrangements to have that meeting posted.
Meeting adjourned at 9:10 p.m.
Vice -Chair