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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 11/15/2018Jeff 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 November 15, 2018 Chair Schneider called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Hansen, Hobbs, Pardee, Rollins, Schneider and Whitley Absent: None Staff Present: Everette, Yatabe, Tatman-Burruss, Mounce, Birks, Gloss, Wray, 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 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 Development Review Manager Everette reviewed items on the Consent and Discussion agendas, stating that item 6 - Historic Preservation Code Updates has been removed from the agenda. All other items will be heard as originally advertised. Planning and Zoning Board Minutes Public Input on Items Not on the Hearing Agenda: Eric Sutherland, 3520 Golden Currant; spoke to a proposed student housing complex South of Creekside Park. Mr. Sutherland provided a date: 11/19/2018, for a decision by the judge for litigation, for failure to follow the Land Use Code alleging abuse to the discretion by City Council. He feels there should have been dedication of right-of-way on the project and adequate definitions provided. He is dissatisfied with the Board. No comments provided by staff or City attorney. Consent Agenda: 1. Draft Minutes from October 18, 2018, P&Z Hearing 2. Annual Work Plan 3. 2018 Three-Mile Plan Update Public Input on Consent Agenda: None noted Chair Schneider did final review of items 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 November 15, 2018 Planning and Zoning Board hearing consisting of the draft minutes from the October 18, 2018 P&Z hearing, the 2019 P&Z work plan and the 2018 Three-Mile plan update. Member Carpenter seconded the motion. Chair Schneider verified with Board that they had opportunity to see the revised minutes. Vote: 7:0. Discussion Agenda: 4. Proposed College and Drake Urban Renewal Plan Project Description: The purpose of this item is for the Planning & Zoning Board to review the proposed College and Drake Urban Renewal Plan (URP) for conformance with City Plan, the City of Fort Collins adopted comprehensive plan. The proposed URP is still in draft form. However, portions of the plan that must comply with City Plan are complete and will only minor changes, such as grammatical edits. The P&Z Board must review and evaluate the URP before it can be formally adopted by City Council, currently scheduled for January 15, 2019, and make a recommendation related to the URP’s conformance with City Plan. Recommendation: Approval Secretary Gerber reported that there were no citizen emails for this item, and that 1 new attachment had been received: attachment 3, titled “Resolution – Fort Collins Planning Commission – UR Plan confo”. Staff Presentation Josh Birks, Director of Economic Sustainability, gave brief verbal/visual overview of this project. Public Input (3 minutes per person) Eric Sutherland, 3520 Golden Currant; Wanted to know if there was a representative of the applicant available. Mr. Sutherland offered a few statistics and feels tax dollars should go to the schools. He feels the City is on track with the City Plan and (the City) is in compliance. Mr. Sutherland’s question to the Board; Isn’t this pledge of sales taxes dollars completely unenforceable and is the applicant not taking a huge chance that some future Council will simply refuse to pay it? Rory Heath, City Park Dr.; His strong ask is that public safety, different traffic patterns and integration of those traffic patterns, the Mason corridor and the awkward railroad corridor along that area are taken into account. He reiterated the emphasis for public good versus development. Staff Response Director Birks deferred to Caitlin Quander, Council to the Urban Renewal Authority, to respond to the questions asked by the citizens. Ms. Quander responded to Mr. Sutherlands questions. First being that the Urban Renewal Authority is the entity that advances the process. Chair Schneider sought clarification on who the applicant was, Ms. Quander responded that the URA is a sperate entity from the City which is why there is separate legal counsel. As for the question regarding sales tax; within the statutory role, the Board is looking at if this proposed plan is in conformance with the City Comprehensive Plan and that City sales tax is in conversation with the City and the URA at the appropriate time when those allocation agreements come forward before the City Council. Chair Schneider asked if the sales tax dollars are enforceable based on the complaint filed by Mr. Sutherland. Ms. Quander deferred to City Attorney Yatabe. Mr. Yatabe responded that he did not have any information as he has not been involved with the issue. Member Pardee wanted to know about the legal structure of the URA Board. Ms. Quander replied that it is a quasi- governmental entity much like a metropolitan district or a business improvement district, yet slightly different as it is made up of City Council along with appointees and has different statutory authority. Board Questions / Deliberation Member Hansen commented that this is a complicated plan and that he is glad the Board does not have to be involved in the nuts and bolts other than compliance with the City Plan and the Comprehensive Plan. The parcels can use some help and as for the role of the Board, this is an appropriate check box for approval. Attorney Yatabe; the Board has been provided with a written resolution where the stature requires that in reviewing conformance with he Comprehensive Plan and the City Plan that the findings that you make the recommendation regarding that issue be put down in writing so that can be communicated to City Council, who will be the ultimate decision maker. The request is for the Board to adopt the Resolution and direct the Chair to sign the Resolution. Chair Schneider; The Board can state the resolution, we do not have to read the whole resolution? Attorney Yatabe, responded that was correct. Member Hansen made a motion that the Fort Collins Planning and Zoning Board approve Resolution 012018, a resolution of the Fort Collins Planning and Zoning Board finding that the Drake and College Urban Renewal Plan is in conformance with the City Plan and the Fort Collins Comprehensive Plan. Member Carpenter seconded. Member Rollins commented that it is not only in compliance, but it is supportive of the plans and is happy to support. Member Whitley supports this item. Chair Schneider; based on the Board’s role and what can be done, this does comply with City Plan and the Comprehensive Plan and helps improve the area. Vote: 7:0. 5. Downtown and Transition Area - LUC Updates Project Description: Revisions to Land Use Code Divisions 4.16 (Downtown) and 4.9 (Neighborhood Conservation Buffer) as they relate to development standards governing these two zone districts. Secretary Gerber reported that there were no citizen emails for this item, but that there were two (2) updated attachments: Division 4.9 NCB and Division 4.16 Downtown District and that Member Rollins recused herself from this item. Staff Presentation Comprehensive Planning Manager Gloss and Planner Wray gave a brief verbal/visual overview of this plan. Public Input (3 minutes per person) None noted Staff Response None noted Board Questions / Deliberation Member Hobbs requested that Planning Manager Gloss pull up the shading stepback. Member Hobbs wanted to know if this illustration is what the new requirement is, as it looks to be more of a setback than required. Planner Wray responded that the slide depicts close representation of the standard but is not exact. Member Carpenter questioned the preservation code and the stepbacks. Planning Manager Gloss responded that is does reflect what is existing and that it is contextual. The Preservation Standards require a match stepbacks when you are adjacent in historic structure. These standards are delayed and will be brought forward at a later date. The structure must be eligible for historic designation. Member Hansen wanted to know if the stepback should match the height across the street or step up one story. Planning Manager Gloss and the planning team considered this and decided that it would be cleaner and more straightforward to match what is the maximum. It was discussed that requirements are in both feet and stories. Member Hobbs questioned if the standards are held firm if the street or block face is the edge of the NCB and across the street is one of the residential. Planning Manager Gloss stated yes. Member Hansen likes that ambiguity in the code language will be eliminated. This will help developers, planners and designers interact with staff more predictably. He feels the section on material standards may continue to bring dissimilar opinions, but not any worse. Thanked for the hard work. Member Pardee commended staff. Member Whitley also commended staff for their clarity. Member Carpenter commended the staff for their efforts. Member Hobbs has felt the need for more codified transitions to the downtown area and he feels this goes along way in doing that and defining for people that may move into the area as a commercial property owner or as a resident. To have available for them what can happen around them or across the street. Member Whitley made a motion that the Fort Collins Planning and Zoning Board recommend to City Council the approval of the Downtown and Transition Area LUC Updates. The recommendation is based on agenda materials, the information that was presented during work session, this hearing and the Board discussion of this item. Member Hansen seconded. Chair Schneider commended the staff for their outreach and getting this completed. This is a useful tool for the Board. Vote: 6:0. 6. Historic Preservation Code Updates – Pulled from agenda Project Description: This is a request for Planning & Zoning Board consideration of a recommendation to City Council to adopt revisions to Land Use Code Section 3.4.7 (Historic and Cultural Resources). These codes direct the review and approval processes for developments affecting historic resources. Recommendation: Approval