HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 11/16/2017Jeff Schneider, Chair
City Council Chambers
Jeff Hansen, Vice Chair City Hall West
Jennifer Carpenter 300 Laporte Avenue
Emily Heinz Fort Collins, Colorado
Michael Hobbs
Ruth Rollins Cablecast on FCTV Channel 14 &
William Whitley Channel 881 on Comcast
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Regular Hearing
November 16, 2017
Member Schneider called the meeting to order at 6:00 p.m.
Roll Call: Carpenter, Hansen, Heinz, Hobbs, Rollins, Schneider and Whitley
Absent: none
Staff Present: Gloss, Yatabe, Schmidt, Shepard, Mounce, Tatman-Burruss, and Cosmas
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.
Planning and Zoning
Board Minutes
Planning & Zoning Board
November 16, 2017
Page 2
Agenda Review
Planning Director Gloss reviewed the items on the Consent and Discussion agendas, stating that all
items will be heard as originally advertised.
Public Input on Items Not on the Hearing Agenda:
None noted.
Consent Agenda:
1. Draft Minutes from October 19, 2017, P&Z Hearing
2. Eligibility Expansion for Affordable Housing Fee Waivers
3. Three-Mile Plan Update
Public Input on Consent Agenda:
None noted
Chair Schneider reviewed the items that are on consent and reiterated that those items will not have a
separate presentation unless pulled from the consent agenda.
Member Heinz made a motion that the Planning and Zoning Board approve the Consent agenda
for the November 16, 2017, Planning and Zoning Board hearing as originally advertised. Member
Hobbs seconded the motion. Vote: 7:0.
Vice Chair Hansen and Assistant City Attorney Yatabe recused themselves
due to conflicts of interest at 6:05pm. Senior Assistant Attorney Schmidt
continued in Assistant City Attorney Yatabe’s place.
Discussion Agenda:
4. Spring Creek Rezone
Project: Spring Creek Rezone
Project Description: This is a request to adjust the location, size and boundary between two zone
districts within a 19.55 parcel located at the southeast corner of South Shields Street and Hobbit Street.
The result of the shift is that the Neighborhood Commercial (N-C) zone is shifted south and reduced by
2.88 acres while the Medium Density Mixed-Use Neighborhood (M-M-N) zone is shifted north and gains
a corresponding amount of land area. As proposed, the N-C zone would be reduced to 6.42 acres and
the M-M-N zone would be enlarged to 13.13 acres. There is no formal development plan currently in the
review process. There is, however, a Concept Plan that is associated with the rezoning that helps to
inform all interested parties as to the development potential of the parcel based on the adjusted zone
districts, and forms the basis for the staff recommendation and the six conditions of approval. The site is
undeveloped and vacant.
Recommendation: Approval
Planning & Zoning Board
November 16, 2017
Page 3
Secretary Cosmas reported that one citizen email had been received from residents in the Sheely and
Wallenburg neighborhoods encouraging the P&Z Board to approve the proposed zoning changes,
assuming they also accept the conditions being presented.
Staff and Applicant Presentations
Chief Planner Shepard provided a brief overview of this recommendation. Steve Schroyer, Director of
Real Estate for Blue Ocean Enterprises, gave a detailed presentation of this project, showing slides of
the overall layout of the area and surrounding neighborhoods. He discussed the previous difficulties of
developing this site, the zoning challenges, the surrounding commercial sites, and density challenges.
He described the processes that had been followed for neighborhood outreach and community
involvement. He also discussed the procedures that had been followed to ensure neighborhood
compatibility with the West Central Area Plan and Nature in the City. Lastly, he described the final
concept plan for development.
Chief Planner Shepard provided a brief analysis of the proposal, recommending approval with the six
conditions listed in the staff report.
Public Input (3 minutes per person)
Per Hogestad, 1601 Sheely Drive, gave a brief history of the prior development attempts for the parcel in
question. He believes that this proposal will be compatible with the surrounding neighborhood, and he
would like to know how many similar developments have been supported in this way. He urged the P&Z
Board to include the concept plan and the conditions being presented.
Deb Applin, 1608 Sheely Drive, is pleased with the proposal but also stressed the importance of
including the conditions that have been proposed; otherwise she would not support this rezoning.
Allan Lamborn, 1929 Sheely Drive, recounted some history of this parcel, sharing his own personal
experience with past processes. He stated the intentions held by the community of finding a mutually-
compatible project. He feels that this proposal is compatible with his neighborhood, provided the
conditions are also recommended. He also believes that this is an extraordinary model of effective
neighborhood/applicant negotiations for future cooperative outcomes.
Rick Hoffman, 1804 Wallenburg, understands that his mountain views will be compromised but is still
willing to work with the developer, who has worked hard to bring consensus rather than conflict. He is
interested in this outcome being a win/win for everyone involved.
Board Questions
Member Rollins asked about the maximum allowable building height; Chief Planner Shepard responded
that the height is dependent on the roof pitch. Chair Schneider praised the Applicant for working with the
citizens; however, he is curious about conditioning at the rezoning level rather than during the Project
Development Phase (PDP). Chief Planner Shepard explained that providing the proper zoning is the
basis for a project, which then prescribes the land uses and standards; therefore, adjustments to the
zoning must be addressed at the point of issue. Chair Schneider expressed concerned with conditioning
now rather than when the plan is being developed in detail. Chief Planner Shepard explained the
reasoning behind the conditions at this time, mainly because the zoning was originally based on a plan
developed in 1987 to accommodate a larger building; those conditions subsequently expired, making
that zoning obsolete.
Planning & Zoning Board
November 16, 2017
Page 4
Member Carpenter asked if it is legally acceptable to condition the rezoning at this time. Sr. Assistant
Attorney Schmidt confirmed that the code allows this now. Chief Planner Shepard provided another
example of a similar situation (rezoning with conditions): Gateway at Prospect.
Board Deliberation
Member Hobbs stated that he will support this proposal. Planning Director Gloss asked the Applicant to
ascertain his acceptance of the conditions. Mr. Schroyer confirmed that he is in agreement with the
community on the conditions proposed, and he stated that Blue Ocean is prepared to follow through as
needed.
Member Rollins is in full support of the conditions, saying she is pleased with the cooperation of the
community and the Applicant. Both Member Whitley and Member Carpenter are in full support, saying
this will set a good precedent for future project cooperation. Member Heinz will also support the
proposal. Member Whitley added his appreciation for the Applicant’s methodical approach to presenting
the development process.
Member Hobbs made a motion that the Planning and Zoning Board recommend that City Council
approve the Spring Creek Rezoning #REZ170001, subject to and including the following six
conditions:
• UCondition Number OneU: Development of the M-M-N parcel, as adjusted and enlarged to
13.13 acres by this rezoning application shall include two-family dwellings along the entire
eastern perimeter forming a buffer and transition between any multi-family buildings and
houses in the adjoining neighborhoods as generally indicated on the applicant’s Concept
Plan (applicant’s exhibit 6) with exceptions made for stormwater facilities, private parks,
landscaping and walkways.
• UCondition Number TwoU: Multi-family development on the M-M-N parcel, as adjusted and
enlarged to 13.13 acres by this rezoning application, shall not contain any dwelling units
that feature a rent-by-the-bedroom leasing model.
• UCondition Number ThreeU: Development of the M-M-N zone district parcel, as adjusted and
enlarged to 13.13 acres by this rezoning application, shall be limited to residential
permitted uses and accessory uses only.
• UCondition Number FourU: The maximum number of multi-family dwelling units shall be 365.
• UCondition Number FiveU. The maximum allowable building height of the two-family
dwellings shall be two stories.
• UCondition Number SixU: Development of the N-C zone district parcel, as adjusted and
reduced to 6.42 acres by this rezoning application, shall be limited to the primary and
supporting uses as envisioned by Principle LIV 36.1 of City Plan and Section 4.23(B) of the
Land Use Code, and that residential permitted uses shall be limited to Accessory Uses,
Two-Family Dwellings and Mixed-Use Dwellings in accordance with Section 4.23(D)(2) of
the Land Use Code.
This recommendation is based upon the agenda materials, the information and materials
presented during the work session and this hearing, and the Board discussion on this item with
the following findings: