HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 06/19/2008Vice Chair Stockover called the meeting to order at 6:00 p.m.
Roll Call: Campana, Rollins, Smith, Stockover, and Wetzler
Excused Absences: Lingle, Schmidt
Staff Present: Gloss, Daggett, Shepard, and Suess
Agenda Review. Director Gloss reviewed the Consent and Discussion agenda. Of special note: In
addition to the items on the Consent agenda, there is one additional item under other business. The
City did a revised advertisement for this hearing that reflected a Land Use Code text amendment
which would amend Section 4.5(B)(3) of the LUC to expand the permitted use list in the L-M-N zone
district to add shelters for victims of domestic violence for more than 15 clients as a P & Z Board or
Type II Review process. Director Gloss stated he expected some public comment and recommended
the Board hear this as a discussion item.
Citizen participation:
None
Vice Chair Stockover asked members of the audience and the Board if they wanted to pull any items
off the consent agenda. There were no further changes.
Consent Agenda:
1. Minutes from the May 15, 2008 Planning and Zoning Board Hearing
2. Richards Lake to Waverly Transmission Line Project —Site Plan Advisory Review
3. Amendments to the Planning & Zoning Board Bylaws
Member Smith moved for the approval of the Consent Agenda including minutes from the May
15, 2008 Planning and Zoning Board Hearing and the Richards Lake to Waverly Transmission
Line Project — Site Plan Advisory Review, and the recommendation to City Council on the
amendments to the Planning & Zoning Board By-laws. Member Campana seconded the
motion. Motion was approved 5:0.
Other Business:
LUC Text Amendment — Amend Section 4.5(B)(3) of the Land Use Code — Permitted Uses in the
L-M-N — to add `Shelters for Victims of Domestic Violence" for more than 15 clients to a P & Z (Type
II) Review.
Hearino Testimony, Written Comments and Other Evidence
Staff Shepard stated the purpose of this discussion item was to make a recommendation to City
Council regarding approval of this LUC Text Amendment. Staff Shepard stated this LUC amendment
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June 19, 2008
Page 2
is to the permitted use list in the L-M-N zone district. This amendment is not an addition of a
permitted use because the use is currently permitted, but there is a cap on the number of residents
that are allowed.
Problem Statement: In the Fall of 2006, social service professionals asked that we create a new land
use category for "Shelters for Victims of Domestic Violence" so as to be distinct from "Group Homes."
Further, the revision included processing this newly defined use as Basic Development Review versus
a Type One or Type Two review for the sole purpose of not having a public hearing with its requisite
public notification.
The concept was that multiple shelters needed to be more geographically dispersed throughout the
community. And, that as each new shelter opened, its location needed to be kept confidential for
security purposes. These revisions were adopted.
Since the Fall of 2006, however, two factors have led to an evolution of how best to place shelters in
the City. First, a former large nursing home has been offered to Crossroads Safehouse. The size of
this facility would allow Crossroads to serve a significantly larger population (approximately 50 clients)
than allowed by the existing facility. Second, security is now viewed to be based on securing the
building itself versus keeping the building's location secret. Instead of several small-scale shelters
with discreet locations, one large, secure shelter would create an efficient level of service even though
its location would be of public record.
The regulations governing Large Group Homes and Shelters for Victims of Domestic Violence in the
L-M-N zone cap the maximum allowable number of clients at 15. Since this standard is a General
Development Standard (Article Three) and not a Permitted Use Standard (Article Four) it is able to be
modified.
It just so happens that the potential building is in the L-M-N zone. As a land use permitted by a Basic
Development Review, any request for more than 15 clients could only be granted through a variance
by the Zoning Board of Appeals which has limited ability to consider land use issues. If the land use
were shifted to Type Two Review, Shelters for Victims of Domestic Violence would be considered a
permitted use, subject to review by the Planning and Zoning Board.
This distinction is important. The only conceivable justification for granting a modification to increase
the number of clients beyond 15 would be if the modification were found to:
"...substantially alleviate an existing, defined, and described problem of city-wide
concern or would result in a substantial benefit to the city by reason of the fact that the
proposed project would substantially address an important community need..."
Only the Planning and Zoning Board is authorized to use this criterion for granting a modification. The
only path for consideration by the P & Z Board is as a Type Two Review.
Since the Zoning Board of Appeals is not authorized to use the aforementioned criterion, processing a
modification as part of Basic Development Review would result in the inability of the ZBA to make a
finding favorable to the applicant.
Under either scenario, the minimum separation requirement of 1,000 feet, as defined by the
supplemental regulations in Section 3.8.6, would still apply.
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June 19, 2008
Page 3
Proposed Solution Overview: The proposed solution is to amend the L-M-N zone permitted use list so
that "Shelters for Victims of Domestic Violence" are still allowed as a Basic Development Review but
not to exceed 15 clients. Then the use will also be added as a Type Two Review permitted use for
more than 15 clients.
Thus Crossroads Safehouse, as a Shelter for Victims of Domestic Violence for more than 15
residents, would be a Type Two Permitted Use, subject to review by the Planning and Zoning Board,
including public notification, neighborhood meeting and public hearing. The only criteria of Section
3.8.6 that would apply would be the separation of 1,000 feet from a similar facility, but not the
maximum allowable number of 15 residents.
Public Input
Alyce Kaehler, 1615 Whedbee Street, Fort Collins. Ms. Kaehler stated that she and her husband
have lived in close proximity to the proposed Crossroads Safehouse site for 46 years. She expressed
concerns about the disruptive demolition and building materials disposal process that would be
necessary to redevelop that property. She said the neighborhood will be improved by the project and
believes the building will provide safe and comfortable housing for persons whose lives are in crisis.
She and her husband wholeheartedly support the change in code required to allow Crossroads
Safehouse to own this building and become part of their neighborhood.
Vicki Lutz, Fort Collins. Ms. Lutz is the Executive Director of Crossroads Safehouse. She stated that
she is appreciative of the opportunity to unlock the door that could make the difference between life
and death for hundreds in this area in the future —almost half of whom are children. They have
already done an open house and provided notice to everyone within 800 feet. She believes this is an
amazing gift to the city, one which will benefit the community. They will put a significant amount of
money into a beautiful building constructed in 1959, and hope to make it an active, positive piece of a
vital community.
End of Public Input
Member Smith moved to recommend to City Council the Land Use Code Text Amendment
amending Section 4.5(B)(3) of the Land Use Code, permitted uses in the L-M-N to add shelters
for victims of domestic violence for more than 15 clients as a Planning and Zoning Board
(Type II) Review. Member Rollins seconded the motion.
Motion was approved 5:0.
Other Business: None.
Meeting adjourned at 6:17 p.m.
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William Stockover, Vice Chair