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HomeMy WebLinkAbout07/18/2019 - Planning And Zoning Board - Agenda - Regular MeetingPlanning and Zoning Board Page 1 July 18, 2019 Jeff Hansen, Chair City Council Chambers Michael Hobbs City Hall West Per Hogestad 300 Laporte Avenue Ruth Rollins Fort Collins, Colorado Jeffrey Schneider William Whitley Cablecast on FCTV Channel 14 & Channel 881 on the Comcast cable system 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 18, 2019 6:00 PM • ROLL CALL • ELECTION OF VICE CHAIR • AGENDA REVIEW • CITIZEN PARTICIPATION Individuals may comment on items not specifically scheduled on the hearing agenda, as follows: • Those who wish to speak are asked to sign in at the podium. • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker should state their name and address and keep their comments to the allotted time. • Any written materials should be provided to the Secretary for record-keeping purposes. • A timer will beep once and the time light will turn to yellow to indicate that 30 seconds of speaking time remain and will beep again and turn red when a speaker’s time to speak has ended. • CONSENT AGENDA The Consent Agenda is intended to allow the Planning and Zoning Board to quickly resolve items that are non-controversial. Staff recommends approval of the Consent Agenda. Anyone may request that an item on this agenda be “pulled” for consideration within the Discussion Agenda, which will provide a full presentation of the item being considered. Items remaining on the Consent Agenda will be approved by the Planning and Zoning Board with one vote. The Consent Agenda generally consists of Board Minutes for approval, items with no perceived controversy, and routine administrative actions. Planning and Zoning Board Hearing Agenda Packet Pg. 1 Planning and Zoning Board Page 2 July 18, 2019 1. Draft Minutes for the P&Z May Hearing The purpose of this item is to approve the draft minutes of the May 16, 2019, Planning and Zoning Board hearing. • DISCUSSION AGENDA: 2. Land Use Code Minor Revisions PROJECT DESCRIPTION: This is a request for a Recommendation to City Council regarding an update to the Land Use Code. There are proposed revisions, clarifications and additions to the Code that address specific subject areas that have arisen since the last update in the Spring of 2019. APPLICANT: City of Fort Collins STAFF ASSIGNED: Noah Beals • OTHER BUSINESS • ADJOURNMENT Packet Pg. 2 Date: Start Time: 6:00 p.m. Stop Time: 7:19 p.m. Roll Call Hobbs Hogestad Rollins Schneider Whitley Hansen Vote X X X X X X 6 PRESENT 1 – Consent: May 16, 2019 Minutes Hobbs Rollins 0 Hogestad Schneider Whitley Hansen Y Y Y Y Y Y 6:0 2 - Land Use Code Minor Revisions Rollins 0 Hogestad Schneider Whitley Hobbs Hansen Y N Y Y Y Y 5:1 Nomination of Vice Chair: Jeffrey Schneider 0 Hogestad Schneider Whitley Hobbs Rollins Hansen Y Y Y Y Y Y 6:0 Hogestad Schneider Whitley Hobbs Rollins 0 Hansen Schneider Whitley Hobbs Rollins 0 Hogestad Hansen Whitley Hobbs Rollins 0 Hogestad Schneider Hansen Hobbs Rollins 0 Hogestad Schneider Whitley Hansen Rollins 0 Hogestad Schneider Whitley Hobbs Hansen Roll Call & Voting Record Planning & Zoning Board 7/18/2019 Agenda Item 1 Item 1, Page 1 AGENDA ITEM SUMMARY July 18, 2019 Planning and Zoning Board STAFF Shar Gerber, Customer and Administrative Manager SUBJECT MINUTES OF THE MAY 16, 2019 P&Z HEARING EXECUTIVE SUMMARY The purpose of this item is the consideration and approval of the draft minutes of the May 16, 2019 Planning & Zoning Board hearing. ATTACHMENTS 1. Draft May 16, 2019 P&Z Minutes Packet Pg. 3 DRAFT Jeff Hansen, Chair City Council Chambers Christine Pardee, Vice Chair City Hall West Michael Hobbs 300 Laporte Avenue Per Hogestad Fort Collins, Colorado Ruth Rollins Jeffrey Schneider 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 May 16, 2019 Chair Hansen called the meeting to order at 6:00 p.m. Roll Call: Hansen, Hobbs, Hogestad, Rollins, Schneider, Whitley Absent: Pardee Staff Present: Everette, Yatabe, Tatman-Burruss, Mapes, Bethurem Harris, Beals, Wilkinson, Holland, Smith and Gerber Chair Hansen 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 Development Review Manager Everette reviewed the items on the Consent and Discussion agendas, stating that all items will be heard as originally advertised. Planning and Zoning Board Minutes ITEM 1, ATTACHMENT 1 Packet Pg. 4 DRAFT Planning & Zoning Board May 16, 2019 Page 2 of 7 Public Input on Items Not on the Hearing Agenda: Lisa Baum, 1705 Hearthridge Rd., is in opposition of the Hughes Stadium project. This project will come before the Board in the future, and input cannot given at that time. Tom Farnsworth, 2707 Dixon Creek, thanked the Board. Commends the Board for their support of open spaces as a high priority value for the community. Mike Feldousou, 5102 Northern Lights Dr., spoke regarding the H23 and H25 projects. He stated that staff has been professional, and that he was here to address the design standards of the apartment buildings. He would like to know where the oversight is when it comes to aesthetics. Planning Manager Everett communicated that there would be a revised draft to come. Consent Agenda: 1. Draft Minutes from April 18, 2019, P&Z Hearing 2. Draft Minutes from April 12, 2019 P&Z Special Meeting 3. Draft Minutes from April 16, 2019 P&Z Special Meeting 4. Fossil Creek Reservoir Area Plan – Transfer of Density Units Program – Closure. Planning Manager Everette explained this item further and reason for closure. She thanked County staff and the Larimer County Planning Commission and Board of County Commissioners for their partnership and collaboration. Public Input on Consent Agenda: None noted Chair Hansen 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 Schneider made a motion that the Planning and Zoning Board approve the May 16, 2019 Consent agenda including the four (4) items presented. Based on the agenda materials, information and materials presented during the work session and this hearing and the Board discussion on these items that the following analysis, findings of fact and conclusions contained in the staff report including the agenda materials for this hearing shall be adopted by this board. Member Hobbs seconded the motion. Vote: 6:0. Discussion Agenda: 5. VOA Senior Residences, PDP 190005 Project Description: This is a Project Development Plan (PDP) to construct a three-story, affordable, senior housing project at the northwest corner of Drake Road and Joseph Allen Drive, one block west of Timberline Road. Four modifications of standards are proposed to the LMN zone district standards for density, number of units in a building, maximum building square footage, and required off-street parking spaces. Recommendation: Approval Secretary Gerber reported that the following items were received: • Letter received at start of hearing from Myles Crane regarding the Ft. Collins Senior Advisory Board’s support for the project. Received at beginning of hearing, added to exhibit listing and copies distributed to Board members. • Letter of support from Jim Becker representing the Partnership for Age-Friendly Communities, citing the current lack of affordable housing for older adults in Larimer County. • Letter from Jim Rose with concerns regarding the maintenance of the only public park in the vicinity, traffic and parking, future HOA cost, and future use of the property. ITEM 1, ATTACHMENT 1 Packet Pg. 5 DRAFT Planning & Zoning Board May 16, 2019 Page 3 of 7 • Additional documents provided by the applicant, including: a PACF Letter of Support, Email from the HOA representative, Highland Group Market Analysis, Fire Access Diagram, Solar Analysis, Drainage and Erosion Control Letter, Recorded drainage easement for detention pond, Utility Plans, Photometric Plans, Grading Exhibit, Preliminary Demand Analysis, and Senior Housing Proposed Pond. Staff and Applicant Presentations Planner Mapes gave a brief verbal/visual overview of this project. Doug Snyder, Sr. Development Director with Volunteers of America, Russ Lee, Ripley Design and Ed Parcel, Shop Works Architecture provided a verbal/visual presentation overviewing what VOA is, where and how they operate and the overall project. Public Input (3 minutes per person) Sue Ballou, 1400 W. Luke St., spoke of affordable housing options for older adults. She is in support of this project. Cheryl Noble, Ft. Collins resident, read through results from a community assessment survey for older adults. She is in support of this project. Myles Crane, 4913 Long Dale Ct., the Senior Advisory Board approved the plan to support the VOA residence. He referenced the community assessment survey. He requests the Board’s support. Wayne Lewis, 2439 Adobe Dr., the project is denser than he prefers but feels the developer has done a good job. He would like signage to reduce congestion, shielding from lighting and fencing. He would like costs for the park be shared or reimbursed. Kristin Fitz, 1715 W. Mountain, Direct of Development for Housing Catalyst, they are there to demonstrate their support for the VOA residence project. Proud to be a partner. Carrie Olenick, Northern Colorado Services Director for VOA, spoke of the impact of the housing market and areas that cannot be afforded by aging individuals. She also spoke of the assistance/services available through the VOA that may be included in this project. Jim Becker, 4217 Piccadilly Dr., spoke of the need for affordable housing for older adults. He agrees with the modifications. VOA is a great neighbor. Staff Response Planner Mapes responded to lighting in the corridor. This is not reviewed in the land use code but appreciates the point to the extent that the building would spill out. In the site plan, the fencing is shown along the head-in parking stalls and then a switch to shrub plantings and evergreen tree plantings around the cul-de-sac. The idea is that this would be more pleasing for neighbors and screen the parking. Regarding the ownership, arrangements and agreements between the trails at Timberline, The Spring Creek Farms, small park and this property, there are some agreements that are private between the original developer and seller of these properties, we do not know this information and whether or not this property would redo some of these agreements is not something the City is involved with. Chair Hansen did want information given so that residents knew how to proceed for resolution. The applicant stated the park was between the master developer and the trails, this property has nothing to do with that agreement, it is separate and private. There is a retention agreement between the single-family neighbors, costs will be shared, and some carried to make changes to the pond. The shrubbery will be dense and better than a fence. Martina Wilkinson responded to signage on Joseph Allen. The approach will have managed signage. Board Questions / Deliberation Member Rollins asked that the parking analysis be checked, of which the applicant stated that it was. Planner Mapes confirmed this was the case. ITEM 1, ATTACHMENT 1 Packet Pg. 6 DRAFT Planning & Zoning Board May 16, 2019 Page 4 of 7 Member Whitley inquired about the snow melt system and how it works. Ed Parcel explained the system. This will be a hydronic boiler system under the pavers or an electric mat. Member Hogestad asked about the architecture in the middle section and if at pedestrian level if it was all brick. Mr. Parcel responded that it is a new elevation with the bump out and yes, it is all brick veneer except for a few areas. Chair Hansen asked that the zoning map be pulled back up. Chair Hansen wanted to know how many modifications this project would require if it were in the adjacent MN zone. Planner Mapes responded, just the parking. Overflow parking would be on Joseph Allen street with no restrictions. Member Hobbs agrees with the modifications and that the project is very nice looking. Member Whitley feels they have done a great job. Member Rollins agrees with Member Hobbs and Member Whitley. She does not feel that the justification for the modification being equal to or better than, but rather as staff has presented, an overall community need. She will be fully supporting the project. Member Hogestad will be supporting the project. Member Schneider appreciates the applicant’s team. Chair Hansen spoke of the context of the modifications and how they make a better density transition than if the project strictly applied with the LNM zone. He will be supporting the project. Member Hobbs made a motion that the Fort Collins Planning and Zoning Board approve modification one (1) in the staff report pertaining to LUC 4.5(b1) Maximum Residential Density, based on the findings that approving the modification will substantially help alleviate an important community need. This approval 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. This modification is not detrimental to the public good. Member Whitley seconded. Vote: 6:0. Member Hobbs made a motion that the Fort Collins Planning and Zoning Board approve modification two (2) LUC 4.5(e4a) Maximum number of Dwelling Units per Building based on the findings that the modification will substantially alleviate an important community need and is not detrimental to the public good. This approval is based upon the agenda materials, the information and materials presented during the work session, this hearing and the Board discussion on this item. Member Whitley seconded. Vote: 6:0 Member Hobbs made a motion that the Fort Collins Planning and Zoning Board approve modification three (3) LUC 4.5(e.4.i) Maximum Floor Area based on the findings that the modification will substantially alleviate an important community need and is not detrimental to the public good. This approval is based upon the agenda materials, the information and materials presented during the work session, this hearing and the Board discussion on this item. Member Whitley seconded. Vote: 6:0 Member Hobbs made a motion that the Fort Collins Planning and Zoning Board approve modification four (4) LUC 3.2.2(k.1.a) Reduction in the Number of Off Street Parking Spaces based on the findings that the modification will substantially alleviate an important community need and is not detrimental to the public good. This approval is based upon the agenda materials, the information and materials presented during the work session, this hearing and the Board discussion on this item. Chair Hansen commented that he feels it is good that this modification is standalone and is in support of it. Member Whitley seconded. Vote: 6:0 Member Hobbs made a motion that the Fort Collins Planning and Zoning Board approve the VOA Senior Residences PDP190005 and that this approval 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: That the PDP complies with all applicable land use code requirements as stated in ITEM 1, ATTACHMENT 1 Packet Pg. 7 DRAFT Planning & Zoning Board May 16, 2019 Page 5 of 7 the staff report prepared for this hear and contained in the agenda materials. Member Whitley seconded. Vote 6:0 6-A. Annual Land Use Code Amendments Project Description: This is a request for a Recommendation to City Council regarding an update to the Land Use Code. There are proposed revisions, clarifications and additions to the Code that address a variety of subject areas that have arisen since the last annual update in the Spring of 2018 and the Mid-Winter update in January of 2019. Recommendation: Approval Secretary Gerber reported that no citizen emails or letters had been received. Staff and Applicant Presentations Planner Beals gave a brief verbal overview of this project. Public Input (3 minutes per person) None reported Staff Response None reported Board Questions / Deliberation None reported Member Schneider made a motion that the Fort Collins Planning and Zoning Board make the recommendation to City Council to update the annual land use code amendments as presented at this hearing. This is based on the agenda materials, information in the packets, information that was presented during the work session, this hearing tonight and the Board discussion on this item. This information, analysis, findings of fact and conclusion contained in the staff report included in the agenda materials for this hearing are to be adopted by this Board. Member Rollins seconded. Vote: 6:0. 6-B. Land Use Code Revisions Project Description: This is a request for a Recommendation to City Council regarding revision to the Land Use Code. This revision would allow minor variances that are considered routine to be authorized by the Director. This revision is accompanied by the annual Spring package of revisions to the Land Use Code but is a separate Ordinance due to the new authorization. Recommendation: Approval Secretary Gerber reported that no citizen emails or letters had been received. Staff and Applicant Presentations Completed in 6-A Public Input (3 minutes per person) None noted ITEM 1, ATTACHMENT 1 Packet Pg. 8 DRAFT Planning & Zoning Board May 16, 2019 Page 6 of 7 Staff Response None noted Board Questions / Deliberation None noted Member Schneider made a motion that the Fort Collins Planning and Zoning Board make the recommendation to City Council land use code revisions to law variances by the Director. This is based on the agenda materials and information in the packets, information that was presented during the work session, this hearing tonight and the Board discussion on this item. This information, analysis, findings of fact and conclusion contained in the staff report included in the agenda materials for this hearing are to be adopted by this Board. Member Hobbs seconded. Vote: 6:0. 7. CSU Lake and Prospect Parking Lot Project Description: This a request for a Site Plan Advisory Review (SPAR) by Colorado State University to construct a new surface parking lot at 615 Lake Street and 634 & 626 Prospect Road (parcels #9714300018, 9714000002, and 9714300026). Approximately 120 parking stalls are proposed. Primary access is taken from West Lake Street to the north, with emergency service access provided to West Prospect Road to the south. The total project area is approximately 1.4 acres. The proposed project is within the High-Density Mixed-Use Neighborhood (H-M-N) zone district. Recommendation: Approval Secretary Gerber reported that no citizen emails or letters had been received. Member Hogestad recused himself as he is in the notification area. Staff and Applicant Presentations Planner Holland gave a brief verbal/visual overview of this project. Fred Haberecht, Colorado State University Facilities Management, provided a brief presentation of the project. Public Input (3 minutes per person) Jim Swanstrom, 638 W. Prospect, he is not in support of the project as there should not be a commercial grad parking lot in a residential neighborhood. Staff Response Planner Holland responded to the use of the property. This location allows for private and institutional uses. Board Questions / Deliberation Member Hobbs questioned the CSURF property located to the East. Why was the decision not made to connect through for additional access either by vehicle or pedestrian? Mr. Haberecht responded they felt it might be a negative. They wanted to keep the traffic out of the residential neighborhood. Member Rollins asked for clarification on the fencing height. Mr. Haberecht responded that in the plan it is a 4’ fence unless the Board recommended a higher fence. Martina Wilkinson added that there is no specific data to share regarding the height of headlights from vehicles. Chair Hansen asked about the type of material the fence would be constructed out of. Mr. Haberecht responded a solid fence with a top rail, express columns and a horizontal batten to finish. Vertical boards will be kept tight and maintained. Member Rollins questioned sidewalks. Mr. Haberecht believes it would not be positive to build in a sidewalk. ITEM 1, ATTACHMENT 1 Packet Pg. 9 DRAFT Planning & Zoning Board May 16, 2019 Page 7 of 7 Member Hobbs made a motion that the Fort Collins Planning and Zoning Board approve the SPAR Review SPA190001 -CSU Lake and Prospect Parking Lot. This approval is based upon the agenda materials, the information and materials presented during the work session, this hearing and the Board discussion on this item. Member Whitley seconded. Vote: 5:0. Other Business The Board recognized and thanked Ted Shepard on his work with the Board. Adjournment Chair Hansen moved to adjourn the P&Z Board hearing. The meeting was adjourned at 8:25pm. Minutes respectfully submitted by Shar Gerber. Minutes approved by a vote of the Board on: ____________. Rebecca Everette, Development Review Manager Jeff Hansen, Chair ITEM 1, ATTACHMENT 1 Packet Pg. 10 Agenda Item 2 Item 2, Page 1 STAFF REPORT July 19, 2019 Planning and Zoning Board PROJECT NAME Summer 2019 Revisions, Clarifications and Additions to the Land Use Code STAFF Noah Beals PROJECT INFORMATION PROJECT DESCRIPTION: This is a request for a Recommendation to City Council regarding an update to the Land Use Code. There are proposed revisions, clarifications and additions to the Code that address specific subject areas that have arisen since the last update in the Spring of 2019. APPLICANT: City of Fort Collins RECOMMENDATION: Approval EXECUTIVE SUMMARY There are two proposed items that provide clarification to the Land Use Code. These changes align with consistent application of the standards. The revisions, by Article, are summarized as follows: • Article Two – Modification of Standards - Clarification that a Modification request can be to both the current Land Use Code and an approved development plan under prior law. • Article Five – Definition of Development - Addition to exempt a private entity that is authorized by the federal or state government for the purpose of restoring or stabilizing the ecology of a site from development. BACKGROUND ARTICLE 2 The modification section has been consistently applied to applications under the current Land Use Code. Although it does explicitly state the Land Use Code in the purpose and applicability statement of Modification section it has been applied as to pertaining to such. This change is to be clear that a modification request does apply to applications being reviewed under the current Land Use Code. Additionally, clarification is being added to state who the decision maker for each type development review application. Packet Pg. 11 Agenda Item 2 Item 2, Page 2 ARTICLE 5 The definition of development has always included exemptions. These exemptions mostly applied to work conducted by City itself. One exemption does include work by the city for the purpose of restoring or stabilizing the ecology of a site. This type of work also requires permits from either or both the State and Federal government. It is unclear if the original creation of this exemption considered a private entity wanting to complete such work. Being that a State or Federal approval is required for this work, there is review and supervision. ATTACHMENTS 1. Draft Ordinance Packet Pg. 12 DRAFT FOR DISCUSSION PURPOSES ONLY SUBJECT TO FURTHER LEGAL REVIEW AND REVISION Proposed Code Additions and Revisions: DIVISION 2.8 - MODIFICATION OF STANDARDS 2.8.1 - Purpose and Applicability The decision maker is empowered to grant modifications to the General Development Standards contained in Article 3 and the Land Use Standards and Development Standards contained in Article 4 and any separation or proximity standards that are established as a specific measurement of distance in the District Permitted Uses contained in Article 4, either for: (1) overall development plans, and/or project development plans, and applications subject to basic development review that which are pending approval at the time that the request for proposed modification is filed; (2) overall development plans and/or project development plans which the applicant intends to file, provided that such plans are in fact filed with the Director as development applications within one (1) year following the determination of the decision maker on the request for the proposed modification; or (3) development plans approved under the Land Use Code or under prior law and which are sought to be amended (either as a minor or major amendment) pursuant to Section 2.2.10. This modification of standards process shall not apply so as to allow any modification of the requirements contained in Division 4.29 of this Code…. 2.8.2 - Modification Review Procedures (G) Step 7(A)(Decision Maker): Applicable, and in explanation thereof and in addition thereto, if an application for a modification of standards pertains to a minor amendment or a development plan which that is subject to administrative review or basic development review, the Director shall be the designated decisionmaker, except that, at the option of the applicant, the application may be considered by the Planning and Zoning Board; and if an application for a modification of standards pertains to a development plan which is subject to Planning and Zoning Board review, the Planning and Zoning Board shall be the designated decision maker. If the application is for a modification of standards pertaining to a development plan previously approved under prior law or not yet filed, the Director shall determine whether such development plan would have been, or will be, subject to administrative review or Planning and Zoning Board review and shall identify the decision maker accordingly. In all cases, the decision maker shall review, consider and approve, approve with conditions or deny an application for a modification of standards based on its compliance with all of the standards contained in Step 8.… ARTICLE 5 – TERMS AND DEFINITIONS 5.1.2 – Definitions… Development shall mean the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or, except as is authorized in Section 1.4.7, the dividing of land into two (2) or more parcels. (1) Development shall also include: (a) Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land; ITEM 2, ATTACHMENT 1 Packet Pg. 13 DRAFT FOR DISCUSSION PURPOSES ONLY SUBJECT TO FURTHER LEGAL REVIEW AND REVISION (b) Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development; (c) Any change in use of land or a structure; (d) Any alteration of a shore or bank of a river, stream, lake, pond, reservoir or wetland; (e) The commencement of drilling (except to obtain soil samples), mining, stockpiling of fill materials, filling or excavation on a parcel of land; (f) The demolition of a structure; (g) The clearing of land as an adjunct of construction; (h) The deposit of refuse, solid or liquid waste, or fill on a parcel of land; (i) The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; (j) The construction of a roadway through or adjoining an area that qualifies for protection by the establishment of limits of development. (2) Development shall not include: (a) Work by the City, or by the Downtown Development Authority (if within the jurisdictional boundary of the Downtown Development Authority and if such work has been agreed upon in writing by the City and the Authority), or work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way, or on land adjacent to the right-of-way if such work is incidental to a project within the right-of- way; (b) Work by the City or any public utility for the purpose of restoring or stabilizing the ecology of a site, or for the purpose of inspecting, repairing, renewing or constructing, on public easements or rights-of-way, any mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like; provided, however, that this exemption shall not include work by the City or a public utility in constructing or enlarging mass transit or railroad depots or terminals or any similar traffic-generating activity; (c) Work by any person that has been authorized by the State or Federal government for the purpose of restoring or stabilizing the ecology of a site; (cd) The maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; (de) The use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products; for raising or feeding livestock (other than in feedlots); for other agricultural uses or purposes; or for the delivery of water by ditch or canal to agricultural uses or purposes, provided none of the above creates a nuisance, and except that an urban agriculture license is required in accordance with Section 3.8.31 of this Code; (ef) A change in the ownership or form of ownership of any parcel or structure; ITEM 2, ATTACHMENT 1 Packet Pg. 14 DRAFT FOR DISCUSSION PURPOSES ONLY SUBJECT TO FURTHER LEGAL REVIEW AND REVISION (fg) The creation or termination of rights of access, easements, covenants concerning development of land, or other rights in land; (gh) The installation, operation, maintenance, or upgrade of a small cell or broadband facility by a telecommunications provider principally located within a public highway as the terms small cell facility, telecommunications provider, and public highway are defined in Section 38-5.5-102, C.R.S. The regulation of such activities is addressed in Chapter 23 of the Code of the City of Fort Collins. (3) When appropriate in context, development shall also mean the act of developing or the result of development. ITEM 2, ATTACHMENT 1 Packet Pg. 15