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Home My WebLink About11/21/2019 - Planning And Zoning Board - Supplemental Documents - Regular MeetingFrom: Paul Patterson <plpatterson3@outlook.com> Sent: Wednesday, November 13, 2019 3:07 PM To: Tom Leeson <tleeson@fcgov.com> Subject: Letter for P&Z Board Hi Tom, Please forward the attached letter to the P&Z Board. I have heard there is a new procedure for how and when letters are given the the Board. Under the previous system this letter would have made it to the Board members by the Friday work session. Please let me know of any changes. ***Attachments as follows: November 13, 2019 Dear Members of P&Z Board This note is in regards to the “proposed municipal code changes related to appeals”. My comments are based on currently available materials. Unfortunately, I am busy with a work related conference the week of November 18th and cannot respond to any material posted during that week. I raised two points during the June 12th Community Meeting, neither of which is included in the currently available draft version of the proposed changes to city code. Currently it is proposed “new evidence to be filed prior to the appeal hearing … Appellant deadline is 21 days after final decision”. I propose instead the Appellant deadline be a set number of business days before appeal date (say five). In almost all cases the Appellant is a group of citizens who are facing a steep learning curve of the Planning Process and the Land Use Code (this with the current woeful lack of City support). I base this suggestion on a 2012 appeal where Kathryn Dubiel and I spent many evening studying the Code and finally a few days before the appeal were able to produce a different analysis of the previously granted APUs than the one presented by the Staff at the P&Z hearing. We were told after the appeal hearing our analysis was instrumental for those Council members who voted to uphold the appeal. The second proposal is that the scheduled Staff presentation be deleted from appeal process. The Council would be able to ask questions of Staff, just as Council is able to ask both the Applicant and Appellant questions, based on the Record. To allow Staff, who **** (worked with? consulted with?) the applicant in developing the Application, unlimited time for a presentation which will all likelihood defend their previous work is inherently unfair. Sincerely, Paul Patterson ITEM 3, PUBLIC COMMENT Supplemental Docs Pg. 1 November 13, 2019 Dear Members of P&Z Board This note is in regards to the “proposed municipal code changes related to appeals”. My comments are based on currently available materials. Unfortunately, I am busy with a work related conference the week of November 18th and cannot respond to any materials posted during that week. I raised two points during the June 12th Community Meeting, neither of which is included in the currently available draft version of the proposed changes to city code. Item 1: The City staff proposes this change: “new evidence to be filed prior to the appeal hearing … Appellant deadline is 21 days after final decision”. I propose instead that the Appellant deadline be a set number of business days before the appeal hearing date (say, five days). In almost all cases, the Appellant is one member of a group of citizens who are facing a steep learning curve of the Planning Process and the Land Use Code (a situation compounded by the currently woeful lack City support). I base this suggestion on a 2012 appeal where Kathryn Dubiel and I spent many evenings studying the Code and finally, a few days before the appeal, we were able to produce a different analysis of the previously granted APUs than the one presented by City Staff at the P&Z hearing. This analysis was “new evidence” because it was not part of the hearing record and not filed with the appeal application. However, our analysis was instrumental for those Council members who voted to uphold the appeal. Under the current proposal, this critical piece of information would be barred due to time limits from the City Council’s deliberation. Item 2: My second proposal is that the scheduled Staff presentation be deleted from the appeal process. The Council would be able to ask questions of Staff, just as Council is able to ask both the Applicant and Appellant questions, based on the Record. To put it simply, the Staff report and unlimited presentation time at the appeal hearing is inherently unfair to the appellants who seek Council’s fresh consideration of the Record. To allow Staff an opening presentation to respond to the appellant’s objections and to reissue support for the development proposal is objectionable, since with all probability the staff has worked with the applicant to design the development proposal. Sincerely, Paul Patterson ITEM 3, PUBLIC COMMENT Supplemental Docs Pg. 2 City of Fort Collins City of Planning and Zoning Board ktColli� c/o Community Development and Neighborhood Services Development Review Coordinators 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6750 bbethuremharras@fcgov.com COMMENTS ON MONTESSORI CHARTER SCHOOL DEVELOPMENT PLAN -- SITE PLAN ADVISORY REVIEW, SPAR # 190003 Southwest Corner of Harmony Road and Shields Street November 21, 2019 Fort Collins Montessori School Board of Directors c/o Robyn Hoxie, President Dan Rinehart, Treasurer Montessori School is 1900 S. Taft Hill Road #1227, Fort Collins CO 80526 Fort Collins Montessori School Board of Directors: On Thursday, November 21, 2016, at the regular meeting of the City of Fort Collins Planning and Zoning Board, the Board voted 0-0 to provide comments to the Fort Collins Montessori School ("FCMS") governing board pursuant to Colorado Revised Statutes§ 22-32-124(1.S)(a), as follows. The application has satisfied the applicable Land Use Code Site Plan Advisory Review criteria, specifically that the location, character, and extent of the proposed plan is consistent with the City's Comprehensive Plan; and mitigates its functional and visual impacts to streets, sidewalks, utilities, lighting, screening and noise, to the extent reasonably feasible; with the following understanding: 1. Final Civil engineering plans for work in the City-owned ROW of Harmony and Shields will address curb cuts for access, the right turn lane on Shields, the median changes in Shields at the access, and signing and striping, as needed to issue needed permits for the work. City staff will assist if needed in developing the solution. 2. Final Civil engineering plans for stormwater runoff discharge into the City-owned stormwater drainage system will address requirements for water quality treatment, as needed for the City to allow for connection to the system. City staff will assist if needed in developing the solution. 3. Pedestrian and visual mitigation of the vehicular use areas as shown in the plan, with screen fencing and architectural column features, is a fundamental aspect of community character as called for in the City's comprehensive plan; is needed to mitigate the visual impacts of vehicular use areas on streets and sidewalks; and 1 of 2 Supplemental Docs Pg. 3 should be included with construction of the parking lot and drives, with the cost assimilated into the whole land purchase, project program, and construction budget. If a degree of value engineering proves necessary, as notes on the site plan suggest, City staff will assist to identify selective adjustments that still accomplish the purposes as described in the staff report. Response requested: If FCMS has any response (e.g. disagreement or acknowledgment of comment and how it will be addressed) to the comments by the Planning and Zoning Board, please provide such response in time for consideration by this Board at its December 19, 2019 meeting. (Addresses provided at the top of this letter.) Also, please feel welcome to call the City's Development Review Coordinator, Brandy Bethurum-Harras, at 416.2744 if you have questions. Sincerely: Jeff Hansen, Chair Fort Collins Planning and Zoning Board Sent via email to: Robyn Hoxie, rhoxie@focomontessori.org, Dan Rinehart, Drinehart@focomontessori.org Brandy Bethurum Harras, bbethuremharras@fcgov.com Brad Yatabe, byatabe@fcgov.com Carleen T.Clark,carleentclark@comcast.net 2 of2 Supplemental Docs Pg. 4