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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 10/21/2004Planning and Zoning Board Minutes October 21, 2004 6:00 p.m. Council Liaison: Karen Weitkunat Staff Liaison: Cameron Gloss Chairperson: Mikal Torgerson Phone: (W) 416-7435 Vice Chair: Judy Meyer Phone: (W) 490-2172 Chairperson Torgerson called the meeting to order at 6:03 p.m. Roll Call: Lingle, Craig, Schmidt, Gavaldon and Torgerson. Members Carpenter and Meyer were absent. Staff Present: Gloss, Eckman Waido, Mapes, Wamhoff, Virata, Buffington, Vosburg and Deines. Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the September 16, 2004 Planning and Zoning Board Hearing. 2. Resolution PZ04-28, Easement Dedication. 3. Resolution PZ04-29, Easement Dedication. 4. #11-04 Liebl, Annexation and Zoning. 5. Recommendation to the General Manager of Utility Services for the Center for Disease Control – Out of City Utility Request. Discussion Agenda: 6. #36-04 North College Urban Renewal Plan. 7. #56-98Y Rigden Farm, Spectrum Retirement, Modification of Standard. The Board was in consensus to move Item 7 moved to the Consent Agenda. There was no public input on the Consent Agenda. Member Schmidt pulled Item 5 off of the Consent Agenda. Member Gavaldon moved approve Consent Agenda Items 1 through 4 and Item 7. Member Schmidt seconded the motion. The motion was approved 5-2, with Members Carpenter and Meyer absent. Approved 1/20/05 Planning and Zoning Board Minutes October 21, 2004 Page 2 Project: Recommendation to the General Manager of Utility Services for the Center for Disease Control – Out of City Utility Request. Project Description: Request for water and sanitary sewer service for the proposed Center for Disease Control (CDC) Laboratory on the CSU Foothills Campus. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Roger Buffington, Water Utilities Department gave the staff presentation. He stated that the CDC was in the process of building a new building in Fort Collins. They currently have a laboratory on the CSU Foothills Campus, which is outdated and over crowded and would like to move forward with another facility. In terms of water and wastewater service, they have a couple of options. One, CSU owns and operates their own water distribution, wastewater collections systems on the Foothills Campus and that is where the current CDC laboratory is served from. In planning for the new facility, CDC indicated that they had a preference of getting service directly from the utility that treats the water and wastewater; therefore they would like to get their services from the city of Fort Collins. This facility is located within the Foothills Campus which is currently outside of the Growth Management Area. It was an area that was identified during the recent City Plan update as an area that would possibly be included in the GMA at some future date. Staff has reviewed their application and the city does have adequate water and wastewater capacity for the water usage and wastewater discharges from that laboratory. They also meet all other criteria for an out of city service request that is listed in the Code. Member Schmidt wanted to make sure that the city was getting the best use for the lines that will be put out there. Mr. Buffington replied that the points that would connect to the city system are from the standpoint of water; there is a 24” water main that runs along the foothills just either east or west of the proposed site. That would be a fairly short connection. They would connect to out wastewater collection system at the intersection of Overland Trail and Mulberry Street. That would be their service line from the laboratory to that point where Planning and Zoning Board Minutes October 21, 2004 Page 3 they connect into out system. In terms of water, we have more than adequate capacity in that 24” main and in terms of sewer they are connecting into a 12” sewer and again there is excess capacity in that line. Member Schmidt asked if the Foothills Campus develops more, that all the continuing hook ups will be connected to the city. Was that the goal for the area? Mr. Buffington replied he did not believe so. He thought that this was unusual in that CDC made this specific request and that was their preferred business practice to deal directly with the utility as opposed to going through a third party. There was not public input. Member Gavaldon asked if there was any documentation as to a capacity model of what the current usage is and what the surplus is that is available. He also asked for a projection of future needs. Mr. Buffington replied that he raised that question with the department within the utility that manages the water treatment plant and the wastewater treatment plant. They assured him that there was adequate capacity there now. The water plant currently has capacity for what they believe will be the build out of our service area and that the usage within Foothills Campus was considered when they made projections for those future demands. In terms of wastewater, in the future there will be a need for a plant expansion just for regular growth. This facility will be paying plant investment fees for both the water plant and wastewater plant; therefore they will be providing funds that will be available for the next plant expansion at the wastewater treatment facility. Member Schmidt was just wondering why when we have two separate utilities in the same area, why would you choose one over the other. She thought that in the long run, especially if the area gets annexed, the goal would be eventually that it would all be city utilities. Mr. Buffington replied that the university it different in that even on the main campus, they have their own water distribution and wastewater collection system and it is the same on the Foothills Campus; as they have over the past few years added buildings they buildings have connected into their system, therefore we really don’t have review over those things when they come up. Member Schmidt asked if they were at capacity and why the city did not say to stick with the CSU system that is serving the present facility. Planning and Zoning Board Minutes October 21, 2004 Page 4 Mr. Buffington replied that it was CDC’s preference to deal with the city and facilities were available in terms of water mains and sanitary sewers. Member Gavaldon moved to recommend approval to the General Manager of Utilities for the request for out of city service for the Center for Disease Control based on the finding of facts and conclusion on page 2 of the staff report. Member Lingle seconded the motion. The motion was approved 5-2. Project: Colorado Statutes 31-25-107 (2) requires the City Council to formally submit the North College Avenue Urban Renewal Plan to the Planning and Zoning Board for its review and recommendation as to the Urban Renewal Plan’s conformity with City Plan, the City’s Comprehensive Plan. The Planning and Zoning Board needs to submit a written recommendation to the City Council. Hearing Testimony, Written Comments and Other Evidence: Ken Waido, Chief Planner gave the staff presentation. He stated that all of the steps, requirements, notifications and timing for the city of Fort Collins to develop an Urban Renewal Plan for a portion of the community is governed by the State Statutes contained in the Urban Renewal Law. The particular statute as to why we were here tonight 31-25-107 (2) says that “before the City Council can approve an Urban Renewal Plan, that plan needs to be referred to the Planning and Zoning Board” and asks the Planning and Zoning Board for a recommendation as to whether or not the plan is consistent or not with City Plan or the general Comprehensive Plan for the community. It all boils down to a question of whether the North College Avenue Urban Renewal Plan conforms to City Plan, the City’s Comprehensive Plan. That is why we are here tonight. Planner Waido went on to say that they have indicated within the plan itself, that the North College Urban Renewal Plan will derive it’s policy guidance from City Plan and the North College Avenue Corridor Plan, which is a sub area plan element of City Plan, and that the regulations of the city’s Land Use Code are the governing document and standards for any development or redevelopment project that would happen within the plans boundaries. The Urban Renewal Plan develops no new policies, no new land use designations, no new development regulations and no new design standards. All the policy guidance is in City Plan and the Sub Area Plan and all the development standards and regulations are contained in the Land Use Code and all its component parts. Planning and Zoning Board Minutes October 21, 2004 Page 5 Staff’s recommendation is that the Planning and Zoning Board recommend to the City Council that the Urban Renewal Plan is in conformance with City Plan. Public Input David Wasson, General Manager of Valley Steel and Wire Company spoke to the Board. He stated that as he reviewed the plan, he was concerned about the future street layout in the North College area. Valley Steel and Wire is about a 14 million dollar company in annual sales and they employ 16 people. It is a growing business and they are in the midst of looking at an expansion and the land they purchased 6 years ago and adjoins their existing property would contain an 80 foot by 200 foot building and overhead cranes that handle the steel that they move through and distribute in a three state area. They would grow the business and have additional employees and more taxes to the city of Fort Collins and the State of Colorado. This proposal has two separate streets running through their property. One of the proposed streets would go through the existing building and the other street is at the far end of their five acres. The two streets would make it impossible for them to do business not only at the present, much less with the additional building being planned on the adjoining lot. The requirements in the proposal would require the removal of the current warehouse in addition to the taking of the land at the far end, which would mean a big loss of business because they would certainly have to relocate. The concern is what they do in the immediate future. This building was being looked at getting through the city process starting in the winter months which are coming up immediately. Public input closed. Chairperson Torgerson asked Mr. Waido to address the concern that was just raised. He deferred to Clark Mapes, City Planner with Advanced Planning and co-project manager. Planner Mapes replied that the map in the plan is in the existing condition study, which identifies the conditions in the area that represent evidence of certain “blight” factors in the Urban Renewal Law. The map does indicate the kind of street system that is needed in the area for more complete development and to address a whole bunch of existing conditions there that create deficiencies, inadequacies, inadequate infrastructure, lack of access, etc. These street segments come out of the Master Street Plan and the North College Avenue Corridor Plan. They are intended to be a guide for future development as it occurs. We don’t yet know exactly how or when we would implement these. They are shown in here simply as an illustration of the deficiency of streets. Normal and typical city development usually consists of 25% Planning and Zoning Board Minutes October 21, 2004 Page 6 streets. This area consists of 10% streets. The deficiencies in the street system are explained all throughout the existing conditions study. This is showing the vision for the future and it would only happen as development occurs. It is not just Valley Steel affected, these streets run across all different kinds of properties, some with buildings. Chairperson Torgerson asked if the street system shown here is already part of existing plans and is not being introduced as a part of this question. Planner Mapes replied that was true. He stated that he really should talk to this gentleman soon, and start a dialogue. There is nothing imminent; this may not even happen in our lifetime. Member Schmidt appreciated Planner Waido’s discussion on what the Urban Renewal Plan does not do, so could he discuss what it does do and what the goals are. Planner Waido replied that the bottom line is that it is an implementation device that will help achieve the policies in these plans both City Plan and the North College Avenue Corridor Plan that talk about encouraging redevelopment and infill development. In City Plan, particularly the targeted redevelopment areas are about nine in which North College is one of them. Some of the tools that are critical or come into being with an Urban Renewal Plan is the ability to use tax increment financing to help support funding for infrastructure improvements like the deficiencies in street systems and storm drainage systems. Tax increment financing is a way to capture taxes in the area to be applied to capital improvements in the area. The second key tool within the Urban Renewal Plan is the ability to use imminent domain for the acquisition of privately owned property for the transfer of that property to a private developer. It will assist developers, if they need it, in assembling and consolidating sufficient property to go forth with development or a redevelopment plan. Those are the two key points that the Urban Renewal Plan brings forth that we currently don’t have in our arsenal. Member Gavaldon asked if the streets of concern by Valley Steel were part of the Master Street Plan now. Planner Mapes replied that they are part of the North College Access Management Plan and the North College Avenue Corridor Plan. There are a couple segments that are collector streets and are on the Master Street Plan, the rest are local and are not on the Master Street Plan. Member Gavaldon asked if Valley Steel will they be able to expand. Planner Mapes replied that this would not prevent them from expanding. We would look at how they want to expand and try to negotiate so that the most critical buildings or facilities – so there is an open yard or something where these streets can go. If push Planning and Zoning Board Minutes October 21, 2004 Page 7 comes to shove and they want to expand in the area where the streets are shown, he was not exactly sure what we would do. We would try and negotiate with them, but if push came to shove we would not stop their expansion based on this map. It could be a tremendous loss of opportunity, which we are trying to prevent. Member Gavaldon asked if this plan, in any way, is taking land and forcing owners to give up land. Planner Waido replied the plan itself, no. Member Gavaldon commented that these folks that come in down the road asking to expand will have to adjust their plans or they won’t be able to expand and if they don’t develop, the roads won’t get built. Planner Mapes replied that is kind of how the area got to be the way it is. Today the development that is out there was all done prior to any planning or requirements for streets, pipes, sidewalks or infrastructure. This plan is just an implementation of some other discussions that have been in the works for along time. He wanted to be clear that they were asked to do this by the North College Business Association that wants to see improvements made somehow in the area. Member Gavaldon asked about outreach. Planner Waido responded that they mailed notifications to all business and property owners, all which are requirements in the State law regarding notification of the Plan. They mailed letters, there was an add run in the Coloradoan newspaper. It has been on their website and they have followed everything that is normally required of notification. Chairperson Torgerson wanted everyone to be clear that what they were entertaining tonight does not institute any new land use patterns or plans of any kind. Member Gavaldon asked Mr. Wasson from Valley Steel if he new of any of his neighbors that are not aware of this plan and it’s impacts. Mr. Wasson could not answer that and he is not aware of any neighbors that are unaware of it and is not aware of any neighbors that are except maybe Ken’s Muffler. Mr. Wasson agreed wholeheartedly that North College needs vast improvements and in reading the document through, he was excited to see a lot of the steps that are talked about in this plan. It is good for Fort Collins and is good for the neighborhoods around North College. In looking at the details he got concerned when he saw the two streets and being cut off at both ends which is half of the old land that they own and a third of the new land that they purchased. That would hamstring them in the future planning. Planning and Zoning Board Minutes October 21, 2004 Page 8 Member Craig asked about a question that she had asked at worksession, “Why are City Ordinances not being enforced that allows the area to deteriorate and exhibit this slum and blight condition.” Several of these are as simple as open dumping, which is what was put down as one reason why the area is being declared “blight” and some others. She asked Planner Waido to address that. Planner Waido deferred to Planner Mapes. He stated that the response that is in the memo came from two sources, Felix Lee, Department Head for the Building Inspection Department who deals with the Code and the Building Code. Clark sent to him paragraphs that deal with viewing “blight” as an accumulative effect. Planner Mapes thought the question seemed to be getting at why don’t we just go out and fix the broken windows and pick up the trash, etc. Member Craig asked why it has come to this. She stated that she has a rental in town and if she even gets a weed in the alleyway and she has a letter saying you clean up that weed or the city is going to come in and clean it up and bill you. Yet you get out to North College and we are talking about people openly dumping and work our way through this list. She is asking why hasn’t this been enforced to where it is not a blight condition and why can’t we go further with that? Planner Mapes wanted to give the larger perspective on the whole thing. The statute clearly in listing these factors or conditions that together cumulative represent evidence of blight as it is defined in that law. “Work together, work cumulatively and deal with general language. Deal with general deficiencies such as inadequate infrastructure, which is represented in some cases by the lack of street access into pretty significant areas of land behind North College, which then end up being hidden from view with no police surveillance, no other natural surveillance by people being back there. It is the neglected rear areas in a lot of cases where you find dumping, camping and so forth. Some of those things may be violating specific ordinances. The general deficiency and infrastructure is not a violation of a city ordinance that any inspector can go out and correct. He did not think that very many of the conditions that are shown in the study are the kind of conditions that lend themselves to just simple enforcement by code inspectors. One other part of the answer is that some of that code enforcement is done on a complaint basis. When they first put this study together, he talked to the Building Inspection Department and asked if they had been out looking at some of the things that are in the study and they simply have not. They have not had complaints or a reason to go back there. Planning and Zoning Board Minutes October 21, 2004 Page 9 Member Craig asked if Planner Mapes was saying that because they are back and out of view, the inspectors have not been back there and required the landowners to clean them up, and therefore we are calling this “blight”. Planner Mapes replied that the way to call this area blighted is to look at all of the factors that are shown in this study. This is just a sampling of the most visible and most apparent. That just does not sound right that the inspectors did not go back there and see the broken window and tell the owner to fix the broken window, so now there is blight. The inadequate infrastructure generally the deficiencies out there are beyond that. Member Craig stated that all she had to work off of was the matrix she was given and some of those strike her as an enforcement issue. Some of them strike her as these are all over the city. For us to think that a TIF is going to be our panacea for everything in the city that has a bit of a problem. She has to come up with justification for why we are even implementing a plan that has this TIF and blighted as part of it and she was not getting that feeling here. She was asking for clarification. Planner Mapes thought that this was trying to provide something – he did not know if this tool is going to generate enough financing to really transform the area at least very quickly. It is intended to get at the reasons why people are dumping in places, why there are camps, why there are dilapidated buildings out there. The goal of this was never a blight study, the goal was never to go out and find those items and then send inspectors out and make people fix their broken windows and fix all the building deterioration that you see. The goal is to address the underlying overall conditions. Member Craig stated that we also have to justify it if we are going to create a TIF. We also have to say “this is the blight conditions, this is how the TIF is going to help those blight conditions”. She was not getting a sense of that either. Planner Mapes replied by supporting the plan clearly says that one of the main objectives is to facilitate redevelopment projects that remedy the blight conditions. The TIF is a way to provide some funding, whether it is a reimbursement to developers, or whether it is a way to pay for some public improvements such as infrastructure. That is the goal and that is how it is getting at the blight conditions. Member Craig asked about the parallel streets that go through these properties, how does the Urban Renewal Plan expect to accomplish this when it is going over so many pieces of property? Is staff looking at imminent domain to accomplish this? Planner Mapes replied no, negotiations as change occurs and dealing with development as it occurs. Those lines on that map are going to take negotiations, consensus and Planning and Zoning Board Minutes October 21, 2004 Page 10 participation by those owners. This was talked about in 1994, about 10 years ago, that is why it is the way it is now and has sat for the past 10 years. If there is no initiative forthcoming for private development he believed it would be another 10 years before any of those lines on the map get acted upon. When we go to act in the case of Valley Steel, he sees there that he already has an answer for that particular case. He already sees something that might come up in a negotiation that might work as an interim solution. Interim on North College might mean as long as any of us are alive. Member Lingle said that he thought he understood the intent of paragraph 5, Development Standards and Procedures in the Plan relative to the Fort Collins Land Use Code and all of the city standard development review procedures would govern the implementation of the Urban Renewal Plan. A comment that came out of their task force was that the Urban Renewal Plan, once in place, would trump all other zoning and development standards. He wanted on the record a comfort level that this will protect us from whatever statutory provisions that the Urban Renewal Authority would have and that we don’t trump other standards. Planner Mapes replied that this plan could have been written describing a vision for buildings and land uses and streets and design. It could have contained new standards for how to achieve that, but it does not. It only refers back to the Land Use Code standards. The statue allows an Urban Renewal Plan like this to do that, but we are not doing that. This plan is intended to state that development will occur under all the existing policies and standards. Member Lingle said that one power that the Urban Renewal Authority would have would be to demolish blighted buildings. What we are saying is that the city’s Landmark Preservation Commission and their historic designations, all those things would still govern that kind of application. Member Lingle asked if what they are being asked to consider is that the Urban Renewal Plan is in conformance with both City Plan and the North College Avenue Corridor Plan, and his understanding is that North College Avenue Corridor Plan is considered a Sub Area Plan, and would the Board’s finding have to be that things are not violated in either document. Planner Mapes replied that the Sub Area Plan is considered part of City Plan. Planner Waido added that in theory and technically the documents are consistent. The purpose of the Sub Area Plan is to lend greater detail, maybe more specific development standards, set the policy basis for new zoning districts to be applied to just that Sub Area Plan area. Planning and Zoning Board Minutes October 21, 2004 Page 11 Deputy City Attorney Eckman added that he thought both plans – you need to measure this Urban Renewal Area Plan against both the City Plan general document as well as the Sub Area Plan. If you see conflicts between the Sub Area Plan and City Plan itself, he would think that the more specific would control over the more general. You would want to try and give meaning to both policies, both the City Plan policy and the allegedly conflicting Sub Area policy if at all possible. But if not, you should give credence to the more specific provision. Member Lingle stated that he reviewed both documents and he did not find conflicts between City Plan and the North College Avenue Corridor Plan necessarily, but he does find conflicts between the Urban Renewal Plan and the North College Avenue Corridor Plan. In terms of discussions at the Advisory Committee level, it has become clear that the kinds of projects that are going to be needed in this area to generate the kind of money to get anything done, tends to be large scale retail and those kinds of developments. Some of the listed goals in the North College Avenue Corridor Plan include “an increase in residential development, a preservation of the existing small local business character of the area and the continuation of the incubator area”. The whole visioning of that plan was to be an incubator of small business and things like that. He was asking how to bridge that conflict. Planner Waido responded that part of it is dealing with a timing issue. The North College Avenue Corridor Plan was done 10 years ago and City Plan recognizes that the plan needs to be updated. That is on their “to do” list. He does not know when that will start, but they recognize that the plan is outdated and will need to be reviewed. Some of the other things staff is going to do in relationship to the Renewal Plan is a market study to see exactly what is the best potential uses are for the North College area and then based on the summation of the market study, use that in looking at revising the North College Avenue Corridor Plan. He thought that what Member Lingle mentioned is not totally inconsistent with what the Urban Renewal Plan says is predicting in some of the big developments we are talking about. That will also depend on what the market study says. In some of the context in which we were saying that some of those big projects were needed, was in the context of that $73,000,000 price tag that the infill development team looked at the whole list of wishes and wants for improvements on North College. He did not think that anyone was thinking that all of this was going to come to fruition anytime in the very near future. We hope that over the life of this plan, it depends on how you define success, success might be finding a way to put in the top priority capital needs within the area over a period of time and using the increment financing from the smaller businesses and improvements that will go in and the utilization of vacant properties to create the money. Planning and Zoning Board Minutes October 21, 2004 Page 12 There are other tools available. Special Improvement Districts, General Improvement Districts that are other financing mechanisms and just draw a parallel in what happened in the downtown. They did not just use tax increment financing they set up districts and set up a mill levy. All of those things are available and some may or may not be used in the future. Planner Mapes added that essentially this plan says that the Urban Renewal Authority will do what the Urban Renewal law allows. Furthermore it says we are going to follow City Plan and the North College Avenue Plan for guidance. This plan does not say that we need three big new shopping centers to pay for the three projects that the committee has talked about. That’s conversation that they have been having, but it is not clear to any of them, just how far they are going to be able to go. That was just conversation as to the type of numbers it would take to build out the street network which is essentially the backbone of everything that needs to be done out there. This plan does not say that incubator businesses are out. Member Schmidt asked about the public open houses and that there had been a number of iterations of the plan, especially the eminent domain section had changed substantially since those first plans, what was available to the people who came to the open houses. Were they reviewing the plan on the assumption that the eminent domain was not going to be used for private development and now we have substantially changed that? Planner Waido stated that he spent a lot of time at the open houses talking about eminent domain to the people that attended the open houses. He cannot specifically answer the question of what the plan specifically said about that. In all of their notifications it directed the people to the web site or to call them to get a copy of the plan. They definitely had access to the wording that is before them tonight. Planner Mapes added that he remembers that the language was limiting on the use of it. Deputy City Attorney Eckman added that he did not think that they had changed the substance of it much at all. It was more a matter of setting things out with bullets and making things easier to read. Planner Mapes said that they had almost place holder language that said something about using it as a last resort, whereas we now have 5 conditions. Member Schmidt read that this Plan could run for 25 years, so why if things are up in the air with the market study and the need to redo the North College Avenue Corridor Plan are we starting the clock ticking now. She may only live 25 more years, but for Planning and Zoning Board Minutes October 21, 2004 Page 13 some people hopefully their businesses will be there longer than that. You are saying that we are going to establish this TIF and we are going to start the clock ticking and they may see no benefit from it what so ever, especially if we are only going to support incubator businesses that are bringing in a very low amount of tax increment. She thought that was the whole benefit of the plan was so that you could use eminent domain to acquire parcels that would then lend themselves to larger development proposals that would bring in some money. Planner Mapes replied that was not the main benefit. This eminent domain thing may never get used and should be used very limited and as a last resort. The main reason is the tax increment financing. Planner Waido added that we started this process at the request of the North Fort Collins Business Association and one of the steps in this process was to go and visit some Urban Renewal Authorities in the Denver Metro Area. Staff saw things different than what was anticipating happening here with the way they operated. One of the things they came back with and talked to the Advisory Committee about was, do we want to start the clock now, or should we wait until there is a project to begin the clock ticking. He received several calls from Advisory Committee members and what he heard from them was we don’t care about losing a year or two; we want to get this in place as quickly as we can. When the next meeting was held, it was reported back to the committee that staff had changed our minds and did a one eighty from what was said the previous meeting and staff was going to pursue adopting the plan whether or not there was a development or redevelopment project in the works. That was pretty unanimously accepted by the Advisory Committee. Member Schmidt stated that her concern was, and Member Lingle raised this at this morning’s Advisory Committee meeting is that she was hearing a lot of different things from the members. The whole issue of the sales tax increment, wanting that included the change in the boundary, wanting that included, and then the eminent domain issue. They were still talking about still getting this rewritten before it goes to Council. She takes it that the view point of staff was that none of that will happen and staff is going to stick with what the writing is now, so that is what they should vote on tonight. If the people from the North College business corridor want to disagree with that then they can go to Council. Planner Mapes agreed. Chairperson Torgerson wondered why it would take a very large project to make this work. What is the difference between this and the DDA? Smaller projects in the DDA boundary seems to generate enough tax increment to really make it worth while. Planning and Zoning Board Minutes October 21, 2004 Page 14 Planner Mapes replied that it does not have to be. There are authorities that deal with very modest, a few thousand bucks and there are authorities that go out and build big new shopping centers. Chairperson Torgerson asked whether it works under the same central rules as the DDA, which seems to him that this could be the impetus for lots of smaller projects. He is trying to understand why everyone is saying that it is going to take three large projects to really make this relevant. Planner Mapes replied that they have some estimates of the infrastructure deficiencies and you can imagine there are stacked layers as to high, medium and low. Funded, partially funded and so forth. The high end is up in the millions. Then the question is raised “what will it take” and that is where the three shopping centers comes in. We are still discussing what kind of authority this is going to be. We have had the conversation, but we have not finished it yet, but he feels that it does not necessarily have to be big projects. Chairperson Torgerson said that it would take a few big projects to solve the major infrastructure deficiencies, but he thought that it was also true that this could be the impetus for smaller redevelopment. Member Craig stated that if she understood correctly, the DDA after it was established, the very next year, the people in the DDA district voted to bond so they could borrow money to get things going. Her impression was that this plan was not looking at bonding; she has heard nothing about it. She thinks that is the difference between DDA and this. Planner Waido replied that she was right about the DDA, but bonding is borrowing money and when you borrow money from someone, they are going to wonder how you are going to pay back that money. There has to be development or redevelopment projects somewhere along the line that is going to generate tax increment financing that is going to pay back the bonds. If this gets adopted on November 16th, on November 17th we are not going to be out there trying to float a bond for North College Avenue because nobody is going to want to buy that bond. Member Craig said that is exactly why she brought that up. That is the difference between this being just a TIF and the DDA as far as small projects and big projects and how do you fill the pot. Planner Mapes replied that the DDA has done some big projects. The DDA now will take a property owner that wants to get a new awning on their building and work with them on that. Planning and Zoning Board Minutes October 21, 2004 Page 15 Member Craig replied that is because DDA has filled the pot, and how they got the pot filled in the first place is they threw some money into it. Was that not the purpose of bonding and the loan to get money, to oil the machine so to speak? Planner Mapes replied that usually the bonding is done to pay for some specific improvement, in case of the DDA, the parking structure and Old Town Square. Chairperson Torgerson stated that if you were to look at the opportunity for tax increment, DELTA and you looked at Old Town, he sees a lot more redevelopment area in North College that he ever would have seen in Old Town. If he is looking at the DELTA in terms of how the property taxes would change, he would see North College as a lot bigger opportunity and therefore a better bonding situation. Planner Mapes replied that there are more acres there. The existing valuation is much less on North College than the value of the downtown area, but he thought you could look at it that way. The potential is a lot of vacant property, 237 out of 527 acres is vacant. Member Lingle said when the Advisory Committee was having their discussions, it wasn’t that small incremental projects were not important and would not generate TIF, but the impetus behind doing it was to get all of the 50 to 70 million dollars worth of back log completed, so we were on a more even keel with South College and other areas in terms of attractiveness of their properties and businesses. He thought that it was a slow realization through a series of meetings that a bunch of small projects were not going to generate enough money to dent it. It was going to take some big projects before millions of dollars in increment financing was generated to actually accomplish anything. Chairperson Torgerson’s thought was that each redevelopment project has to bring adequate public facilities and current standards adjacent to its project anyway, so if TIF spurs redevelopment, incrementally that will occur throughout the entire district. It has taken the DDA along time to make a difference in Old Town. Planner Mapes thought that there was no harm in putting this in place and start having a pool of tax increment financing accumulating. Maybe it would be little and maybe something would come in to generate a lot, but either way, there is no harm. Member Craig asked about when they went to Denver and looked at the Urban Renewal Authorities that have been set up, were they looking at areas that were really blighted; or more like our Old Town than a bunch a green fields like we are talking about on North College. Planning and Zoning Board Minutes October 21, 2004 Page 16 Planner Waido replied that Arvada is very similar. Our discussions with Boulder were about Crossroads and Boulder’s new downtown hotel with public parking. Member Craig replied that they were not just looking at a bunch of empty fields that they were hoping to bring in development to help create money for a TIF. Planner Mapes replied no, there is one that is a little close to that in Arvada. They did not see anything quite like North College. Again these are real “no brainers” if you have an aggressive city that wants to go out and lure shopping centers in and make new shopping centers happen. Member Craig asked why staff wanted to put the Urban Renewal Plan in place before a market analysis is done. Planner Waido replied that we have an existing plan that sets the stage. He thought the market analysis would help us determine if that plan is still valid, or if there needs to be adjustments made. It would also help determine whether we are going to use a bond to help a redevelopment or development project. Is it the type of use we want to have and help “subsidize” into the North College Avenue area? Planner Mapes said that the question takes us back to an earlier one of why put this in place now, why not wait until we know everything about what we are going to do. We could have done it that way, the risk is, you do the market analysis later, you update the North College Plan later, a project comes in later and now again, conditions have changed, mainly political conditions and consensus among the people in the area and consensus among City Council which is very strong right now. We are going to just let the wheels keep turning and put it place and then follow up. It is more a matter of there is no harm in it. Member Craig was concerned with putting the TIF in the plan in hopes that we will start doing something with it. We start doing something with it and yet we are two years out of really doing a market analysis and we might even change zoning out there after we have done a market analysis. Look at the East Mulberry Plan and quite a few changes from what it originally looked like. It concerns her that development may occur because of the TIF and yet it will not follow the market analysis for what the future plan is. She was disappointed in the original North College Plan that no market analysis was done. It was more of staff and stakeholders sat down and said what they thought. She did not think the theory had even been looked at to solve that. Planner Mapes thought that if any development comes in, it would be a coffee shop, and there are rumors of a King Soopers. If this is in place and if any further development does occur, then there would be small amounts of money accumulating from the TIF. He really did not think we would be out enticing development. Planning and Zoning Board Minutes October 21, 2004 Page 17 Member Craig asked if this area was in an enterprise zone or not. In the North College Plan, it says it is in an enterprise zone and wants to use that to promote business. Obviously if staff did not even remember that it was in there, nobody has been promoting it for the last 10 years. She was curious if it was still a possibility and how that fits in. Planner Waido replied that he did not know where the boundaries were. He did know that we are currently working with a property owner to extend the enterprise zone to incorporate his particular development proposal. He thought that the enterprise zone does exist, but it is not in the boundaries of this Urban Renewal Plan area. Director Gloss added that the enterprise zone program is run through the State, facilitated by the County, and they have an enterprise zone manager that works with businesses that would like to expand or move into a particular area. The growth of jobs is really the key factor so a coffee shop would not have a significant gain by going into an enterprise zone area, whereas some other type of employment where there are clear creation of jobs, that has a great benefit to the enterprise zone and they receive certain breaks. Member Craig did notice from the North College Plan that it showed quite a bit of area that is light industrial and industrial. Trying to bring jobs into this area is why she felt it was appropriate that we know whether it has the ability to be an enterprise zone. Her impression is that the State has already designated certain areas and that is why she is checking into this. It strikes her as a pretty strong tool because when you bring jobs, it is those jobs that will service the coffee shops and the little businesses that we want on North College. The reason the downtown is so viable is that the city and government has helped it by putting jobs downtown so they have people who will go to those restaurants and coffee shops. She thought this was a very important issue for this area. Member Craig said she hears staff, but the TIF is not going to solve the problem and if we really feel like it is a problem that we want to address and we want to solve, she thought there were a lot of tools that are not being used and it bothers her. One, that we are saying that the TIF is going to be the answer or we are selling it to these stakeholders that this is going to be the answer when she doesn’t even think it is going to come close. Two, she does not like the feeling of “what is it going to hurt”, well pretty soon we are going to start to TIF everything from the Foothills Fashion Mall to out by the Interstate and she did not think that TIF should be used that way. Member Schmidt stated that when she was reading the North College Plan it talks about some of the main detriments to development in that area being the truck traffic and the train problems. She was concerned that we are developing this TIF and it will not Planning and Zoning Board Minutes October 21, 2004 Page 18 address those problems so we still may not see any real changes in the development of that area. Member Schmidt asked what the benefits were to having this Urban Renewal Plan versus dealing with situations the way we did with the Lifestyle Center. Basically they came in and said that they were going to do this great wondrous thing for you and now we want some TIF or whatever they were able to get. What is the difference between doing it on a case by case development basis versus having this Urban Renewal Plan? Planner Mapes replied the big difference is property tax TIF. The concept behind this is that the increased value of property after it redevelops creates an increased property tax. That increase is reimbursed back into to help pay for the project on the theory that it help make the project happen in the first place. It is tailored specifically to areas such as North College where there is a wide spread agreement that the area is stagnant and it is not happening. Taking this increased value of property tax and putting it back into the project that generated it in the first place. Chairperson Torgerson thought that it was totally inappropriate to single out large businesses that bring in large amounts of sales tax and negate a steel factory that wants to expand or a coffee shop that wants to expand. He thought it was more fair to spread it evenly and fairly across the district that needs improvements amongst anybody that wants to redevelop in that area rather than picking a King Sooper’s or a Lifestyle Center. Member Schmidt was concerned about existing businesses that are currently there and are now designated in a “blighted area” that their property values would be less. Member Craig asked about a previous consideration by the DDA to annex this area. She wondered why staff and Council are not considering that because the DDA would already have money to invest in the area. Planner Waido replied that the DDA Board does not want the area. It was a consideration to them and they said no. Member Craig asked if they said no because it was not a Wal-Mart that would bring in 4 million dollars or did they say no because, what? Planner Waido replied he did not know, he was not there and Wal-Mart went to DDA not the other way around. Planner Mapes did not have written documentation of this but his understanding is that the DDA is focused on Downtown; they have a number of issues they are dealing with. Planning and Zoning Board Minutes October 21, 2004 Page 19 Very difficult issues of trade-offs and priorities and they don’t have the capacity to take this area in. Chairperson Torgerson stated that he was a party to those meetings and it was discussed and studied at length. When the DDA was getting close to the end of their Charter before the State extended their Charter, discussions were going on for weeks to expand the boundary. Not just to the north, but they looked at all the boundary and they decided that they have a lot of ongoing major redevelopment areas such as the river and the Civic Center that they needed to focus their resources on those things to accomplish their goals. It would dilute their cause to be expanding their boundary. Member Craig asked then why were they willing to flagpole and expand it out to Mulberry to a business that really should be helping the Mulberry Corridor. Chairperson Torgerson replied he did not know. Member Gavaldon asked about enforcement and why were citations not being written for weeds and so forth. He thought that blight could have been prevented in many ways and felt that enforcement was not consistent. Planner Mapes replied that he did not know. Chairperson Torgerson thought that this area developed before building codes, zoning codes were enforcing things like street connectivity, storm water infrastructure and buildings and areas have a life span that a lot of these buildings and blocks are coming to the end of. Inherently as they degrade there is not a monetary incentive for people to reinvest. He thought that was really the bottom line. He did not think that if we had people up there giving out tickets every other day that it would improve the problem areas. Deputy City Attorney Eckman clarified that Section 3 and Section 6 of the Plan are instructive in terms of what its purpose is and whether or not it is designed to promote the Comprehensive Plan and the Corridor Area Plan. The document that we are looking at is the written plan itself. In Section 3, it gives a list of the various elements of the Comprehensive Plan that seem to be applicable here and it indicates that its purpose is to implement those. All of Section 6 deals with City Plan. He stated that before City Council some specific policies and principles of the City Plan that may be promoted by this may be added. Mr. Eckman informed the Board that at the City Council Study Session they indicated a favorable attitude towards the sales tax increment. There is nothing in this plan that Planning and Zoning Board Minutes October 21, 2004 Page 20 mentions that, so we will be adding some language that deals with the sales tax increment before the plan is adopted. Mr. Eckman advised the Board that what they should be voting on tonight is whether this plan meets the state statute requirement of whether this plan conforms to the Comprehensive Plan or not. Member Lingle was struggling because he thinks that this complies with City Plan but not the current writing of the North College Corridor Plan. Mr. Eckman asked where in the Plan did he see a conflict with the North College Corridor Plan. Member Lingle replied the section that is titled Goals. Member Schmidt added that in the Urban Plan it says, “the intent and purpose of this Plan is to remedy blight and prevent the spread of blight by insisting implementation of relevant provisions contained in these documents.” Again she asks how this plan deals with the trains on North College or the truck traffic on North College that were outlined as detriments to the development of the North College area. That to her is a big “riff” and in dealing with the basic City Plan, especially now if we are going to include sales tax, she has a problem with Member Craig’s idea of TIFing everywhere. If we are looking at the well being of the whole city that is to maintain and expand the city revenue base, then actually this is compartmentalizing the city’s revenue base by allowing these districts to each keep their own buckets of tax money. Planner Waido replied that it was up to Council, but her concern about TIFing everywhere is why the sales tax on a case by case basis is the one that is more critical versus the property tax. What the property tax increment allows us to do is the city gets the increased tax to itself versus sharing it with the other taxing entities like the School District and the County. If you don’t have the Urban Renewal Plan in the area and an assessment on a property doubles, the city could only get 9 mills of that doubling value and the School District and County would get whatever those taxes are. The property tax TIF we get all of. The sales tax is another issue and that is why we are saying it is on a case by case basis because sales tax is a city wide tax that the General Fund is so reliant on and it would need to be a Council decision on a case by case bases if the project is asking for a sales tax TIF. Planner Mapes asked what in the Urban Renewal Plan did Member Lingle think did not comply with in the North College Corridor Plan. Planning and Zoning Board Minutes October 21, 2004 Page 21 Member Lingle replied that its not that there is anything that is written in the Plan that says it can’t happen this way, but from the discussions in the Advisory Committee, he is convinced that that the only way to make this successful is to promote larger scale redevelopment, primarily retail. The first one of those developments that comes in the door and displaces 4 or 5 locally owned businesses that the North College Avenue Corridor Plan says is a goal to preserve, and then he knows who is going to win that battle. He was wondering if there was a way that we could say that the Plan is in compliance with the general concepts of City Plan, but admits that the Plan may not be in conformance with the current writing of the Corridor Plan. Planner Mapes asked Member Lingle if he thought that we would get three large shopping centers under this Plan. Member Lingle replied he thought that once the authority is created it is empowered to do that and City Councils will change and staff will change and who knows 10 years from now there may be people very aggressively going after things that would clearly be in conflict with current goals of the Corridor Plan. Deputy City Attorney Eckman added that since the written Plan has as one of its objectives to implement the Comprehensive Plan and its related elements and lists some of them, if we find ourselves promoting a large shopping center that actually eliminates some of the small businesses as Member Lingle was concerned about, that may be a problem and we may need to go into the North College Avenue Corridor Plan before anything happens and take a look at whether it needs to be considered for amendment. Member Schmidt commented that went back to her original point that we are putting the cart before the horse. To her even if Chairperson Torgerson doesn’t think a market study is required, she does because she did not think that three retail centers would make it on North College. As they talked about on the Committee, there are some other things that would be beneficial to have in the area. That could provide some focus and rewriting of the whole North College Plan so we have an agreement. She thought that right now on the Citizens Advisory Committee there are a lot of different feelings about how things should go and what the future should look like, but at least have a clearer path on where we want to go and then possibly put something together when we have the steps in place. Instead of saying that we have something here that gives these broad powers because frankly she is still worried about the eminent domain issue, and let it sit there. It could be sitting there for 10 years and a lot of things could have changed. Planner Mapes replied that he fully understands what she is getting at there. In fact she is getting into contradictions that are reflected in the existing plan that says that the area Planning and Zoning Board Minutes October 21, 2004 Page 22 will retain its small business character. There have been contradictions out there since before we did the North College Plan which was also done in response to a request by people in the area. If you talk to the group up there, you will hear that they have been neglected, the area has been neglected, the area has remained stagnant, we have been ignored, we are not getting our fair share of growth and we are not getting upgraded development as you see everywhere else in the city. We want to see improvement and we can accept change. Then you start talking about what that would look like and eventually it comes down to change. A building gets replaced or a street gets punched through where there wasn’t one. There is a contradiction there and he hears what they were saying that they would like to resolve all of the issues and then put the Plan in place. We will continue to pursue this, the people in the area have gone from an absolute rejection of an Urban Renewal Authority in 1994 to asking staff to do this now with some of the contradictions still lingering. Member Schmidt reminded Planner Mapes people came forth with going into this Urban Renewal Plan on miss information that they received from the previous City Manager. That is why we have gone through the lengthy process of starting down the road of finding out what the correct information is and what implications it really is going to have. Member Gavaldon moved that the Board send a recommendation to City Council to not adopt the Urban Renewal Plan based on the fact that it is not in compliance or consistent with the North College Avenue Corridor Plan as written, the City of Fort Collins Master Street Plan because it is missing components and City Plan as it is interpreted. Member Craig asked staff if the only missing components are local streets and local streets are not usually put on the Master Street Plan. Planner Mapes replied that the map that illustrates the needed street network contains a couple of segments which are shown on the Master Street Plan, the collectors, it also contains additional segments, illustrative only, that are local streets and yes, they would never be put on the Master Street Plan. Member Gavaldon removed the part of the motion regarding the Master Street Plan. Member Gavaldon added to the motion that the Resolution be changed to read that the Plan has been determine to not be in conformance with the general plan for the development of the City, which is the City’s Comprehensive Plan, commonly known as “City Plan”. Member Craig seconded the motion with the amendments. Planning and Zoning Board Minutes October 21, 2004 Page 23 Member Lingle would not be supporting the motion as worded because he really wants to support the Urban Renewal Plan in concept. He was having a hard time coming to grips with how he could do that with some of the things not being up to where it should be in terms of needing adjustment. He wanted to explore it more on the positive side. Member Craig commented that if the motion were would Council consider continuing this and look at some of these concerns then she could understand not wanting to support the motion. The fact is that it either is or is not going. Member Lingle stated that if the motion were to recommend that City Council delay their decision until these things are done that would be different than the motion on the table. Member Lingle stated that at the last Council Study Session, there was a general consensus among the Council that they were in favor of the concept of the Plan. Planner Waido stated that a week ago, there was a study session with the Council and we went a specific direction on four issues that were still hanging out there through staffs work with the Citizen Advisory Committee. The Council dealt with whether or not the plan should address sales tax, whether or not a boundary amendment should be made, whether or not there is an Advisory Committee and whether or not eminent domain wording was appropriate the way it was drafted in the plan. Staff got positive direction from Council on all of those issues. The boundary issue dealt with whether or not to delay the plan in order to consider a boundary amendment or did Council want to continue on with the process and adopt this plan by the end of the year. The Council wanted to adopt the plan and look at the boundary amendment as a plan amendment at some point in the future. Planner Waido stated that the only other comment he wanted to make related to the Board being uncomfortable with the North College Corridor Plan and City Plan recognizes that the Plan needs to be updated. Member Schmidt commented that in City Plan it just says that existing Sub Area plans will be reviewed and be made consistent with City Plan as needed for plans or plans to be updated. It sounds like it is only going to “tweak” it as far as keeping it in line with City Plan, which possibly the issue with the bike lanes be one of those areas. As far as changing the Vision and Goals, it may not change. Her feeling is it needs to be revisited from the standpoint of what is the commitment of the community out there and then she would rather see a more specific Urban Renewal Plan rather than just leave this very general open plan. She just feels that there is still just too much frustration on the Citizen Advisory Committee and lack of connection with the other two plans; she doesn’t feel comfortable forwarding this lan at this time. Planning and Zoning Board Minutes October 21, 2004 Page 24 Member Craig commented that it was stated that the purpose of the Urban Renewal Plan was to create a TIF and the use of eminent domain. She did not see anything in the North College Plan that led her to the conclusion that that’s what their intent was. She saw where they said at a grocery store because that would facilitate growth. She saw where one of the main constraints was Dry Creek and she did not think that the TIF would address that and she would hate to see eminent domain to address that. She worries that Council will think that they have solved that problem. They have sat on a plan for 10 years and it does not strike her as any aggression on their part to try and solve the problems that have been brought up in that plan. Member Craig went on to say that Council has not even looked at the enterprise zone and see what they could do with that and possibly make some zone changes to promote the kind of growth they are looking for. She does think that it has been growing there over the last ten years, maybe not as much as the stakeholders would like. She really feels that if Council wants to solve the problems on North College, they need to become aggressive and they need to get the market analysis, they need to possibly put on the Council Policy Agenda how we can get funding, how we can try and solve some of these problems. Staff, themselves have said that this Urban Renewal Plan is not going to solve the problems. Planner Waido responded that we can look at it as one tool, and Dry Creek was mentioned in which a capital project is online to deal with the Dry Creek and essentially eliminate the floodplain through the North College Corridor area. The new BOB currently has a project, which is not on the final list to go onto the ballet to improve College Avenue from existing Vine up to Conifer. There are capital projects, potential use of TIF money or a Special Improvement District. We are just adding another tool into the tool box. Member Gavaldon did not feel this was a good tool to put into the toolbox and would not be supporting the motion. Chairperson Torgerson would not be supporting the motion. He thought that this is the best chance North College has to start renewing itself in the near future. The relevant thing about property tax increment is that the only part that goes back into the area is that increment that is created by redevelopment. If redevelopment does not occur, then that increment never occurred. You are not really taking taxes from anyone; you are taking tax that never would have occurred unless they had an incentive to redevelop. The motion was approved 3-2 with Members Lingle and Torgerson voting in the negative. Member Carpenter and Meyer were absent. Planning and Zoning Board Minutes October 21, 2004 Page 25 Other Business Chairperson Torgerson announced that the Board would have a discussion on the expanded duties of Board’s and Commissions, which is a recommendation to the City Council. Tom Vosburg, Director of Administrative Services gave the staff presentation. He stated that next Tuesday night there would be a discussion with City Council at study session regarding consideration of a proposal to expand the role of the city’s various Policy Advisory Boards to provide the Board’s with the opportunity to play some role in the Development Review process. He stated that he was talking with the Planning and Zoning Board tonight to give them an opportunity to discuss this issue and consider the alternatives that will be taken to City Council; and if the Board feels they are in the position to make a recommendation to Council to give them the opportunity. Mr. Vosburg gave some background stating that Council had directed staff to frame some alternatives for how Board’s might be provided an expanded role in the Development Review Process. He thought that this process is related in some way to past interest expressed by the Natural Resources Advisory Board and the Air Quality Board in having some kind of a role in the Development Review Process. It also relates to some recommendations that have been made in the Zucker Report where Paul Zucker did make comments that it may be appropriate to provide some kind of limited role to those two Board’s to participate in development review provided that their participation did not add cost or time to the process. At Council’s direction staff has undertaken a process to better frame what kind of options might be available for administering the city’s various Policy Board’s in development review. He stated that in giving this thought there are various administrative models that can be used to provide an avenue for other Policy Board’s to be involved and the complexion and character of their involvement and the implications for the development review process are significantly depending on which of those administrative models are contemplated. There are two questions that would be proposed to Council. The first is should the city’s other advisory boards be involved in the development review process at all; and the second is if so, what would be the appropriate model? Mr. Vosburg gave a brief overview of the different administrative models that are being contemplated. He stated that four different administrative models and then the fifth option was always no change fro status quo. • Where Board’s could be involved within the development review process similar to the way neighborhood groups are now involved in the development process. That is that we would provide a general notice to Board’s and then allow Board’s Planning and Zoning Board Minutes October 21, 2004 Page 26 to self select projects that they have an interest in; then voluntarily engage in neighborhood meetings or any other public meetings that are scheduled as a normal part of the review process, or to come down to the Current Planning office and ask for information about the project from the Planning Staff in the same manner that any citizen or neighborhood representative would. Those aspects of the administrative parts of the development review process would require no change from current practices since we are already doing all those same procedures to accommodate the general public. The one significant difference is under this option Board Members could ultimately, when it comes to the hearing, they could step up to the microphone and state an opinion and comments about the project and frame it as the recommendation of whatever Policy Board they represented. Under our current practices, Board Members can view all that he has outlined and they can step up to the podium and identify themselves and even identify that they are members of a city board, but they need to add the caveat that they are speaking as a citizen as opposed to representing the board. Under this model we would make changes to the Board’s basic scope of duties that would permit them to weigh in as a Board in that capacity. • Option two would treat the Board’s more like a staff review agency. In this model staff would route submittal application materials directly to the Board and the Board would study the submittal application materials and generate detailed comments and log them into the staffs commenting tracking system the same way as a staff review agency. He thought that if we were consistently following that model it would contemplate that the Board’s could be involved in an iterative review process and see several times and continue to follow issues through to their closure prior to the project being ready to proceed in the review process. • Option three would treat the Board’s like an advisory board to the Planning and Zoning Board or Hearing Officer. In this model the development review process would not be changed at all from its current administration. Everything would take place exactly as it does now, but when the staff report is complete, rather than it coming directly to P & Z or the Hearing Officer, it would first go to the advisory boards for a review and then a recommendation would come to the decision maker together with the staff recommendation. • Option four would be a model of complementary review. It is modeled after the practice that we have with the Landmark Preservation Committee. In this model the LPC will provide to either staff or the applicant a complementary review. The LPC does not make recommendations or advise the development review process decision maker in any way. LPC does not provide direct input to P & Z or the Planning and Zoning Board Minutes October 21, 2004 Page 27 Hearing Officer. The complementary review model provides some insulation between the Policy Boards and the development review process directly and that insulation is either the staff or the applicant. The idea is that it is initiated by the applicant or staff and the applicant or staff are free to take the advise of the Board or leave the advise of the Board at their discretion. Those are the four options that staff is reviewing with stake holder groups and again Option five would be no change to the existing practice. In this model the Policy Advisory Boards advise Council on the development of policy and legislation, but we do not involve those Board’s in the application of policy to individual projects. That maintains a separation between legislative processes and our quasi-judicial development review process. That is common practice in local government. There was no public input. Member Lingle asked about Option two and the statement regarding the additional staff support time would be provided to the Board to accommodate presentation of the project. It seemed that this option would add time by virtue of the fact to act as a staff review agency; the staff is there every business day and these boards would act maybe once a month. It would seem like it would not occur in the same timely that staff reviews normally would. Was that the case? Mr. Vosburg replied that was the case. Option two would be very difficult to administer. The awkward from the perspective of routing the materials and staff anticipates the need to present and explain the project materials to the board and then the frequency in which the boards meet would really make it difficult for them to stay on the same kind of comment/submittal schedule that staff is held to in order to maintain the timeline commitments that the city has made for the development review process. Unless Boards were willing to dramatically alter the way they meet, Option two would be a fairly cumbersome and unworkable option. Member Schmidt asked what scenario might fit in the situation where the reverse might be for a Planning and Zoning Board Member to ask if a particular Board has had a chance to review the application and what were their comments. Mr. Vosburg replied that there is a distinction between our legislative processes and our quasi-judicial that is our processes for developing policy are very different than applying policy. Developing rules as opposed to applying them to specific projects and the Planning and Zoning Board plays roles in both processes. Mr. Vosburg added that each of the proposed options would envision expanding the other Board’s roles so they could give the Planning and Zoning Board advise. They Planning and Zoning Board Minutes October 21, 2004 Page 28 could actively solicit their advice. Under our current practices the Board could not ask for their advice. Any one of the options would enable the Board to ask for advice. Member Lingle asked if there was an Option 6, where the role and authority of the P & Z Board could be modified such that they would have the authority at their discretion to request direct input from those Board’s that might affect a particular development proposal. Mr. Vosburg replied as long as we were talking legislative ideas, there is always room for Option 6. He thought that the comment he would have is that staff was attempting to frame options that might fit within the scope of not extending or delaying the process. His understanding of the review process was in order for the Board to ask for another Board to comment, and the Board would have to see the project and recognize that there is a gap in the information and then have to continue the item, which would slow the process down. There may situations where that may be appropriate. Deputy City Attorney Eckman added that we have informally that kind of Option 6 now. Sometimes a matter will come before the Board that is quasi-judicial like a PDP and there would be natural resources criteria to evaluate. If the Board does not feel they have adequate information to decide whether that criteria has been met, or not met, it is not inappropriate for the Board to continue the item to get more information, whether it be from the staff and he did not think that we have ever asked for a Natural Resources Advisory Board comment, but quite often staff is asked to come back with better or more information so a fully informed decision could be made. Member Schmidt wondered what the difficulty is in applying it to a quasi judicial is because often times we have a specific project come in and then we say well “is this meeting the goals of the policy”, is this what they were looking for when they set this policy. That is why she is thinking that going back to a Board that was influential in that policy would be helpful to get their input. She does not see that happening very often, but that is the kind of thing where she thought that it might apply in a quasi-judicial setting. It would certainly be the case, often times of controversial projects that go a few months because there is a lot of information gathering. She did not think that in actuality the project would be delayed because those are the projects that have frequent delays any how. Chairperson Torgerson said that Options 1, 3 and 4 were characterized as not adding to the length of development review. He asked if that was correct. Mr. Vosburg replied that Option 2 has the potential to add to the length of the development review process considerably. Option 3, which would require at least one more step after staff review also by necessity add some time. Options 2 and 3 would Planning and Zoning Board Minutes October 21, 2004 Page 29 add some time and he thought that there was the potential for both Options 1 and 4 to be administered without providing direct staff support costs or significant changes in the basic timeline. Chairperson Torgerson stated that the way the development review process works is that applicants submit their plans, they are reviewed by the city and sometimes outside agencies and they all refer comments back. The applicant then responds to those comments and makes corrections. In Option 1 and 4 that critique would not come until the end of the process. It would be like an 11th hour comment. Director Gloss replied not necessarily, it could be that structured that after the project is submitted it could be during the initial round of review. Member Craig asked if it could be as soon after as conceptual review. Director Gloss brought that point up with the NRAB at a recent meeting and he did not get a definitive answer on that. As a general rule, bad news is better to get sooner rather than later. Often times we have problems and if those are encountered early on, then someone could respond to them and continue through the process quite smoothly if they know early enough. The difficulty with conceptual review is that a project is brought in and it is just that, conceptual, a schematic design. As they are preparing the application, changes are made before the application is submitted. Mr. Vosburg expanded on that and stated that he thought the “spirit” of Option 1 in treating the Policy Boards like a neighborhood group and in dealing with neighborhood groups are that the responsibility lies with the neighborhood to stay engaged in the process and have their own relationship with the applicant and with the project planner. When neighborhoods are effective, they come to the first neighborhood meeting and are tuned into the project in the early stages. They then monitor and follow the process and are involved in an ongoing relationship with the developer as the projects proceeds through the development review process. There are models for how Option 1 could work and allow early participation with the Board. The difficulty with Option 1, the way we are conceptualizing its path is that the Board would be on their own, we would not be providing the staff support that the Board traditionally enjoys. That might be sort of a cultural difficulty for folks that are used to having staff support. If we solve that, Option 4, or if there was an Option 4 with a direct relationship to recommending to the decision maker, then we come into the problem of being involved early and staying involved often because projects do evolve as they go through the process. Meaningful involvement does not mean just a single review, it means an ongoing engagement. Planning and Zoning Board Minutes October 21, 2004 Page 30 Member Craig asked if other agencies would be able to determine whether a neighborhood meeting would be required on projects. Director Gloss replied that Type II projects have a mandatory requirement; Type 1 we can actually request that the neighborhood meeting be conducted. Member Craig asked what usually warrants that. Director Gloss replied known controversy. Member Craig asked if Option 1 were picked and the agency called and said because this project has some issued that can be interpreted from the standard, they would like to have a neighborhood meeting and that meeting would be with the neighborhood meeting would be with that agency, which would then include the agency, staff and the agency instead of the neighborhood. Director Gloss replied that could be one possible outcome, staff has not discussed that option, but that would be something that could be considered. Chairperson Torgerson asked if the NRAB and Air Quality Review Board are the two that requested this change. Mr. Vosburg replied historically it has been those two boards, although we have tried to frame the discussions here more broadly because conceptually there is no difference between those two boards and a variety of boards. There are 30 city Boards and Commissions, but some of them have no relationship to the physical development of the city. The key Boards that have relationship to the physical development of the city are P & Z, Transportation Board, Water Board, Air Quality Board, NRAB and LPC. Chairperson Torgerson replied that they all offer a great deal of important information to development of code and policy, but he was trying to think of what section of the code, for instance the Air Quality Board, would look at because that is really how projects are reviewed. Mr. Vosburg replied that was a good point. The legislative process establishes both general policy and specific regulations. The Air Quality Advisory Board indicated a real interest in participating in the development review process, but in the course of their discussions, they also recognize that there are no projects with specific air quality regulations by which to evaluate a project. In their discussions with him, they acknowledged that it was probably impractical for the Air Quality Board to have a meaningful role in development review at this point in time. They did have a discussion that perhaps it is appropriate to put some energy to put some energy in developing Planning and Zoning Board Minutes October 21, 2004 Page 31 some project specific air quality standards in which case there would be an ability to evaluate projects. Chairperson Torgerson responded that that was true for almost all the Boards. The NRAB would have the most code items that would relate to them and in that cause they are fairly prescriptive and we have ample staff to make sure a project is meeting those. Member Craig stated that one of the things as a P & Z Member that she has appreciated on some projects is some of our code is interpreted and she knows we have tried to make it prescriptive, but especially when you get into the natural resource area, they have to be interpreted because if they are completely prescriptive then sometimes we are not coming up with the best end product. Even though we have a chart that says the buffer is “X”, we don’t always don’t come up with the buffer being “X” because sometimes that is not the best thing for that project. Then you take the performance standards and in the performance standards you are allowed to work with those numbers in a way that you see appropriate. The policy makers made the policy and they did give back some room so it is not quite as prescriptive. Chairperson Torgerson replied that we got rid of that aspect of the code and it is not quite prescriptive now. Mr. Vosburg replied that what Member Craig was speaking to is the Natural Habitat and Features Protection Standards in Section 3.4.1 which is commonly known as the Buffer Standards. Those Buffer Standards are key pieces to the regulatory mechanism. First there is a general standard which articulates that the purpose of the whole set of standards is to protect the natural habitat and features as best possible while the area develops and to integrate those features into the development. There is a table of specific distances, but there are also a set of specific performance standards that basically says “we know that those buffer distances are O.K. when we have a site plan that performs in the following way.” There are six or seven criteria that are prescriptive in how well the natural features actually in terms of being natural habitat. The presumption is that if you have met the objectives standard that that will probably take care of meeting all the performance standards. The specific language says that you start with the number in the table and you shall adjust it back and forth in order to ensure that the performance standards are met, which means the buffer could get bigger or smaller. Member Gavaldon asked if there were notes from what was presented a year ago. Director Gloss replied that what he presented was right out of Paul Zucker’s study. There are really a couple of components, one of the roles of Boards and Commissions would be limited in their scope, but not all projects would go before them. Specifically, Planning and Zoning Board Minutes October 21, 2004 Page 32 projects that would require modifications and secondly that no time would be added to the review process. That was the two conditions that he placed on the recommendation. That is what he presented to the Board and there was a general discussion and it seemed to him that there was some support with those caveats that were mentioned in the report, but it did not get to any specifics like we are going through now with these different options. Member Gavaldon moved that the Planning and Zoning Board recommend that various city Policy Advisory Board’s not be expanded to included the ability to comment on the development review projects. Chairperson Torgerson stated that would be Option 5. Member Lingle seconded the motion. Member Craig would not be supporting the motion. At this time, she really could not send forward a recommendation of whether it should be Option 1, 2, 3 or 4 because she did not really feel like they were able to dissect each one. She saw things she like in Option 1 and things she liked in Option 4 and she would have like to come up with another option. Having said that, since time is important here and she does want this to move forward is what she would have liked to have seen is the Planning and Zoning Board put forth a recommendation that there be an option, that there be a expansion of Advisory Board’s with the caveat that it would only be the Advisory Boards that, within their bylaws they have been given the authority to provide advise in issues that relate to land development where there is specific code standards that exist so we would not say that every Board could do this. Member Craig appreciated back before Steve Roy began worrying about law suits when some of these Boards, be it Affordable Housing, be it P & Z, be it even Landmark Preservation either sent the Board a memo, which was in their packets, or were able to come before the Board and say that was not their intent as a policy or we don’t interpret that policy that way. The purpose of those Boards is to look at these issues in depth, where Council does not have time to do it and P & Z does not have time to do it. There area a lot of issues that get sent to the Board that are expected a great wise decision on and the Board does not have the background to make those decisions. The memos were really helpful. Member Schmidt feel in a similar fashion and she could not support this motion. She thought that they need some sort of option that keeps that avenue open that there can be communication if it is necessary. Not having been on the Board that long and not knowing what has been done in the past with memos, but she feels that there are times when you would like to be able to ask for some input from a different Board. If it is not Planning and Zoning Board Minutes October 21, 2004 Page 33 even possible to get that at this time, she thought was a hole in the system. She does not know any exact steps or procedures to fill in that, but that would be her desire to have that as an option. She felt the same way as Member Craig and that not all Boards would have to have that, but at least the ones that are connected through land use policies to what we would need input for. Member Gavaldon has been on the Board for almost 10 years and has seen some of these memos come across. He has seen individuals come in and tout their title as Chairperson to make their point known. Some of those folks crossed the line. Secondly, he saw folks come in as citizens with good sound data. They do have the ability and the right to voice individually; we are not cutting anyone out. The Boards and Commissions rules are policies to Council that is what they were set up for. He appreciated the point about limiting some of them, but he could not see how you could do that. He felt that we were going to run people out because the development review process is going to take longer. He appreciated staffs support on Option 5 and he feels that would be the right thing to do. The Board is also missing two Board members tonight that weighed in on this a year ago and he wished there was a whole Board here tonight to comment on this. Member Lingle did not see the inherent benefit right now of opening the entire development review process to other Boards on a completely open basis. He would really floor more their ability to be able to engage them at their discretion as the Board needs their input and their technical advise, which we don’t seem to be able to have that through informal memos or any other avenues at this point. Given the options before them tonight, he would support Option 5. Member Craig commented that if we look at an option that waits for the Board to say there is a problem here and the Board is not comfortable with it, that it will slow down the process a lot more than two or three options here. These options are saying that they show up at Conceptual Review or they look the project and they ask to be included in a neighborhood meeting so they are involved at the beginning of the project. Member Lingle stated that he would have to agree with the earlier comment of not seeing this happen very often, maybe two or three a year. Chairperson Torgerson commented that separation of the legislative and quasi-judicial aspects of government is a long standing tradition and in a way it mimics our Federal Government in the sense that it separates the judicial and the legislative branches. He thought that there was good logic for that and he thought that this was analogous to that and he thought that the other Boards and Commissions do an excellent job of creating code and staff does an excellent job of interpreting and enforcing that code and the Board is like the last check and balance. He thought we have an excellent process that Planning and Zoning Board Minutes October 21, 2004 Page 34 does not need to be fixed in that regard. The other aspect is that he cannot look at any of these and conceive of an equitable process that would not lengthen the development review process dramatically. As a Planner in private practice he would increase his fees dramatically because he could not just bring a project to the NRAB at a conceptual level, have them say that “looks great” and leave it at that. As a professional he would have to take it back to them every time he changed it, which plans always change and would have to go back through the NRAB every time he went through a round of review with the city. The motion was approved 3-2 with Members Craig and Schmidt voting in the negative and Members Meyer and Carpenter absent. There was no other business. The meeting was adjourned at 8:47 p.m.