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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 07/19/2018Jeff Schneider, Chair City Council Chambers Jeff Hansen, Vice Chair City Hall West Jennifer Carpenter 300 Laporte Avenue Michael Hobbs Fort Collins, Colorado Christine Pardee Ruth Rollins Cablecast on FCTV Channel 14 & William Whitley Channel 881 on Comcast The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Hearing July 19, 2018 Chair Schneider called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Hansen, Hobbs, Pardee, Schneider and Whitley Absent: Rollins Staff Present: Gloss, Everette, Yatabe, Simpkins, Wilkinson, Frickey, Olson, and Gerber Chair Schneider provided background on the board’s role and what the audience could expect as to the order of business. He described the following procedures: • While the City staff provides comprehensive information about each project under consideration, citizen input is valued and appreciated. • The Board is here to listen to citizen comments. Each citizen may address the Board once for each item. • Decisions on development projects are based on judgment of compliance or non-compliance with city Land Use Code. • Should a citizen wish to address the Board on items other than what is on the agenda, time will be allowed for that as well. • This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure that everyone who wishes to speak can be heard. Agenda Review Planning Manager Gloss reviewed the items on the Consent and Discussion agendas, stating that all items will be heard as originally advertised. Planning and Zoning Board Minutes Planning & Zoning Board July 19, 2018 Page 2 of 7 Public Input on Items Not on the Hearing Agenda: None noted. Consent Agenda: 1. Adequate Public Facilities - Changes to Land Use Code and Larimer County Urban Area Street Standards Public Input on Consent Agenda: None noted Chair Schneider did a final review of the items that are on consent and reiterated that those items will not have a separate presentation unless pulled from the consent agenda. Member Hobbs made a motion that the Planning and Zoning Board approve the Consent agenda for the July 19, 2018, Planning and Zoning Board hearing as originally advertised. Member Pardee seconded the motion. Vote: 6:0. Discussion Agenda: [Secretary’s Note: Item 3 was moved ahead of Item 2 in the agenda] 3. Country Club Reserve Item Description: The Board will consider a request from the Applicant to continue this item to the August 16, 2018 hearing. Recommendation: Approval Secretary Gerber reported that no citizen emails/letters were received. Staff and Applicant Presentations None noted Public Input (3 minutes per person) None noted Staff Response None noted Board Questions / Deliberation None noted Member Hobbs made a motion that the Fort Collins Planning and Zoning Board continue the Country Club Reserve item to the August 16, 2018 hearing. Member Whitley seconded. Vote: 6:0 Planning & Zoning Board July 19, 2018 Page 3 of 7 2. External Storage Lockers, MA180033 Project Description: This is a request for a Minor Amendment to construct 20 metal storage lockers to be placed along the rear wall of the church building facing the parking lot. Thirteen of the lockers are 18"x18"x 60" and 7 or 8 lockers will be no more than 24" x 24" x 48". All lockers will be placed on a 4" pressure treated wood platform and covered by a small asphalt shingled roof. Total height will not exceed 72" and the total depth will not exceed 30". The structure and lockers will match the current color of the brick walls. Installation of the lockers will not affect parking, sidewalks, or landscaping. The site is located in the Neighborhood Conservation, Buffer (NCB) zone district. Recommendation: Approval with Conditions Secretary Gerber reported that 15 citizen emails/letters supporting the project since the work session had been received. This correspondence was received from Jonathan Dawoud, Lynne Barnex, Marcy Clark, Emeshe Amade, Irene Weinmann, Kate Schulte, Richard Jiru, Sheryl Harrell, Sheryl Martin, Mark Rogers, Heather Siegel, Martha Roden, Cyndi Dieken, Sarah Manno and Dwight Hall (support with staff conditions). Also, that 6 citizen emails/letters opposing the project had been received from Aleta Weller, Pam Refvem (2 letters), Patricia Roadcap, David Osborn, Tom Hall and Jen Petrik. Operation Documents were received from Murphy Center. An application hearing brief with exhibits was also received. Member Carpenter recused herself Member Pardee recused herself Member Whitley disclosed that he is a contributor to the ACLU and that he believes it has no bearing and that he can hear the case in a fair and professional manner. The remainder of the Board took no issue to Member Whitley’s disclosure. Member Hansen made a motion that the Planning and Zoning Board go into executive session to receive legal advice from the City’s Attorney’s office regarding legal consideration relating to the external storage lockers MA180033 as authorized by City Code Section 2-71(b), 2-31(a)(2) and Colorado revised statutes sections 24-6-402(4)(b). Member Hobbs seconded. Vote 4:0 Staff and Applicant Presentations Planner Frickey gave a brief overview of this project. Proposal is for 20 outdoor lockers. Andy Peters, Attorney for Otten, Johnson, Robinson Neff and Ragonetti, and Pastor Steve Ramer, gave a verbal/visual presentation about the church, how they got to this point, the legalities, and why. Planner Frickey reiterated what is in the Land Use Code 1.4.7. The act of adding lockers is a change of use of the property from when it originally moved in, this makes the addition of the lockers a Minor Amendment. Staff is recommending approval of this Minor Amendment with conditions. Public Input (3 minutes per person) Janet Bramhall, business owner, is in support of the lockers without conditions attached. Mary-Elise Delfts, resident, is in support of the lockers without conditions attached. Katherine Acott, resident, is opposed to the project due to safety concerns. Martha Roden, resident, is in support of the lockers. Lisa Eaton, resident, is opposed to the project due to safety concerns. Planning & Zoning Board July 19, 2018 Page 4 of 7 Sarah King, resident, is in support of the project with no restrictions. Cory Cosby, homeless, is in support of the project. This will help him get to work on time. Shirley Coenen, resident, is in support of the project with no conditions attached. Homeless are more likely victims of crime. Jen Petrik, resident, is opposed to the project. There are better locations and safety issues. If approved there should be conditions; hours of operations, have a representative present and temporary time period. Stefanie Berganini, residents, is in support of the project without conditions attached. Mike Sherwood, resident, is concerned by the activity in the alley way and is opposed to the project. Laurie Davis, resident, is opposed to the project as it should be located elsewhere. Jeremy, representative of Food Not Bombs, is in support of the project without conditions attached. Dennis Bookstaber, resident, is opposed to the project because of the activity that takes place afterhours. Aubren Lewis, spoke to the statistics that staff gave as not consistent with the size of Fort Collins, they were for much larger communities. She felt that education of the homeless would work. Tom Hall, representative of business owner and resident, is opposed to the project due to location. Bob Gray, resident, is opposed to the project due to activities of the homeless. Julie Rowan-Zoch, resident, is in support of the project with no restrictions. Denise Pozvek, works in Ft. Collins, is in support of the project with conditions. Mark Rogers, resident, is in support of the project. Lynn Thompson, resident, is in support of the project with no restrictions. Pam Refvem, resident, is opposed to the project due to safety concerns. Kevin Cross, resident, is in support of the project. Cody, homeless, is in support of the project. Read the Statue of Liberty inscription. Lynette McGowan, member of church, is in support of the project with no conditions. David Osborn, resident, is opposed to the project due to location. Barbara Jensen, resident, is in support of the project. Spencer Boyink, resident, is in support of the project without conditions. Daniel Weeks, resident, is in support of the project without conditions. Isamar Barralles, resident, is in support of the project with conditions. Fred Kersch, resident, is in support of the project. Reminded the audience and Board that they were there to approve or deny the building portion, nothing else. Nancy York, resident, is in support of the project without conditions. Planning & Zoning Board July 19, 2018 Page 5 of 7 Kenny Rivera, resident, is in support of the project without conditions. Cheryl Doroha, resident, is in support of the project. Jen Ruffiasco Reisch (not present), resident, is in support of the project. Swook Huang, is in support of the project. Monica, resident, is opposed to the project due to safety concerns and location. Lawrence Mathews, resident, is in support of the project. Jeff Kerns, member of church, is in support of the project without conditions. Norman Ellsley, resident, is in support of the project. Staff Response The applicant team addressed concerns from public comments and viewpoints of staff as to this project needing to go through a Minor Amendment. They feel it supports more pro-social behavior. Planner Frickey addressed the Board covering concerns from public comments and reiterated that staff recommendations are based on the lockers, not activity that takes place in the area. Board Questions / Deliberation Member Whitley asked the applicant team how many lockers were inside and outside on the examples of other locker locations. The applicant team responded outside. Member Hobbs asked Pastor Ramer what the typical hours of operation were for the fellowship. Pastor Ramer responded 9:00 am until 8-9:00 pm, not every day of the week but close. The times can be flexible. Member Hobbs asked what would constitute a successful/failed program. Pastor Ramer responded, basically if the lockers are being used on an ongoing basis and people are waiting. Chair Schneider asked if Pastor Ramer was going to be monitoring the surveillance in the mornings. Pastor Ramer responded he was not sure he had the time and that it was there if they need it. Member Hansen wanted clarification as to if the lockers were currently being used. Pastor Ramer responded no. It was also asked if the 13 lockers that were delivered, had a place to go. The lockers have been installed as it is safer than lose lockers. Member Hansen feels the lockers look out of place, will there be a roof and paint, and landscaping? Planner Frickey responded that there is nothing in the report that deals with paint or adding a roof. Pastor Ramer responded that it was in their application, yes. Chair Schneider heard much comment on approving without conditions and has heard from the applicant team that they will be doing security and operational hours. Pastor Ramer responded that yes, it is in the original proposal and that they will do these things whether the Board conditions them or not. Chair Schneider wanted to know how access to the lockers was going to work. Pastor Ramer responded that there would be pad locks, keyed locks and combo locks. Anyone who puts a lock of their own on a locker, that lock will be cut off. Member Whitley asked Planner Frickey if the lockers were located inside, is it true that there would be no restrictions. Planning Manager Gloss responded that he was correct, there would be no review. Planning & Zoning Board July 19, 2018 Page 6 of 7 Member Hansen commented that he does not see this as question of use but rather a question of attaching the lockers to the outside of the building. There just has not been much said in the way of attaching a roof or cover and color. Member Hobbs commented that the Board is tasked with assessing compatibility, size, mass and scaling. When contemplating a use, the Board is tasked with an assumption that the users or occupiers are going to be functioning in a lawful manner. Just as residents and neighbors have a right to safety and security, so do the homeless. The Board should not be side tracked with the concerns brought forward about the homeless in their neighborhood, those problems have been occurring for a long time for various reasons. Member Hobbs feels the lockers are part of the solution. Member Whitley and Member Hansen agreed. Chair Schneider does not disagree, he questions the compatibility and the use outside of normal business hours. He does not like the time limit of 8 am to 8 pm, but also is has a hard time with 24/7 without a presence. Member Hansen has concerns of safety for individuals and property. However, this is more of an issue for those operating the lockers. Chair Schneider asked the Board if they were looking at the only condition for approval are the safety cameras. Member Hansen responded that it sounded like the conditions were part of the original proposal. Chair Schneider would like to see condition one stand and the other three could be removed. Member Hobbs made a motion that the Planning and Zoning Board approve the Minor Amendment for external storage lockers, MA180033 with the following condition: Based on Fort Collins Mennonite Church’s voluntary commitment to address neighborhood concerns, staff has encapsulated these commitments into the following conditions: 1) Install a security camera to monitor activities around the lockers and retain security footage for 7 days. This is based on the agenda materials, the information and materials presented during the work session, this hearing and the Board and community discussion on this item with the following findings: That the Minor Amendment complies with all applicable Land Use Code requirements as stated in the staff report prepared for this hearing, with the information, analysis and findings of fact contained in the staff report were in part adopted by this Board and in part not, and that the conditions imposed as part of this approval further the City’s interest in health and safety and preservation of the character of the neighborhood in which the properties subject to the Minor Amendment is located, and that the conditions imposed are the lease restrictive means furthering the City’s interest in health and safety and preservation of the character of the neighborhood, and the conditions imposed are necessary to accomplish the purposes and intent of the Land Use Code regarding the health and safety and sensitivity to the character of existing neighborhoods and are related to the impacts of the approved Minor Amendment and roughly proportional to such impacts. Member Whitley seconded. Chair Schneider asked Attorney Yatabe if the motion was appropriate. Attorney Yatabe responded, yes. Member Whitley asked about potential times when a problem arises. Chair Schneider assumes services would be involved at that point. Member Hobbs feels we need to prioritize services so that we can better help with safety and security. Chair Schneider appreciates everyone who came out. Vote: 4:0. Other Business Planning Manager Gloss thanked Member Hansen for participating in this evening’s hearing. This shows his commitment. Mr. Gloss also thanked the Board as this would be his last hearing for the Planning and Zoning Board. Chair Schneider thanked planning staff.