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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 07/18/2019Jeff 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 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 18, 2019 Chair Hansen called the meeting to order at 6:00 p.m. Roll Call: Hansen, Hobbs, Hogestad, Rollins, Schneider, Whitley Absent: None Staff Present: Everette, Yatabe, Tatman-Burruss, Everette, Scheidenhelm, Beals and Gerber UElection of Vice Chair: Member Hobbs made a motion that Jeff Schneider become the next Vice Chair, Member Whitley seconded Vote: 6:0 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. Planning and Zoning Board Minutes Planning & Zoning Board July 18, 2019 Page 2 of 4 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. Public Input on Items Not on the Hearing Agenda: None noted. UConsent Agenda: 1. Draft Minutes from May 16, 2019, P&Z Hearing 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. Vice Chair Schneider made a motion that the Planning and Zoning Board approve the May 16, 2019 Consent agenda as presented, based on the agenda materials and information that was presented tonight, during our work session and this hearing, along with the Board discussion of this item. Member Hobbs seconded the motion. Vote: 6:0. UDiscussion 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. Recommendation: Approval Secretary Gerber reported that there were no citizen emails or letter received. Staff and Applicant Presentations Planner Beals gave a brief verbal/visual overview of this item. Public Input (3 minutes per person) None reported Staff Response None noted Board Questions / Deliberation Member Rollins enquired, if there were a Type II review, there is an approval and then the applicant comes in later for a modification of standard, what the process would be. Planner Beals stated they would have to determine the level of review the change would be (Major or Minor Amendment) and then the review would take place. Member Hogestad wanted clarification as to who makes the decision on the Type I and Type II. Planner Beals; Type I is a hearing officer, Type II is the Planning and Zoning Board. If a request was made to change any of the Planning & Zoning Board July 18, 2019 Page 3 of 4 plans, whether Type I or Type II, the changes are allowed to be reviewed under a Minor Amendment, the decision maker is the Director, he would review the modification request as well. If the change rises to a level of Major Amendment, this goes back to the original decision maker, they would be the reviewer of the modification request. Member Hogestad; Does this change the criteria for a Minor Amendment? Planner Beals; no. Member Hogestad; What could the Director change if this were part of the Land Use Code? Planner Beals; those changes that would be considered a minor amendment, not a change of character to the development. Member Hogestad is concerned that there is the ability to make changes by one person, posing a possibility for abuse, he is also concerned that this change is not clearing up language, but rather introducing a whole different concept. Clarification was given by Development Review Manager Everette. Vice Chair Schneider asked for the definition of Minor Amendment and Major Amendment. Member Rollins questioned if something comes in as a Basic Development Review, it could come in with modifications of standard from the beginning, and it is up to the Director to make the decision, even if it comes in the beginning. Planner Beals; correct. Member Rollins; if something comes in as a Type I review, has a hearing officer and they have amendments that kick it into a Major Amendment; can that happen during the application process, or does a Major Amendment have to happen post approval? Planner Beals; Type I’s do not have an approval at this point, so the modifications would come with their application. If they went through a Type I and received an approval and then wanted to do a modification, the criteria of whether it is going to be a Major Amendment or Minor Amendment is based on how we define Minor Amendment. Member Hobbs wanted to know if there was a process that allows a citizen or a group to appeal the judgement decision by the Director. Planner Beals; yes, the Director’s decisions are all appealable back to the Planning and Zoning Board or Zoning Board of Appeals. Development Review Manager Everett clarified that the code states that the appeal of a Minor Amendment would go to the Planning and Zoning Board. Member Rollins sees a great benefit to Minor Amendments. It makes it so one does not have to go through the entire formal process. Member Rollins supports staff and the decisions that are made. Member Whitley is comfortable with the way the language as it exists. Member Hobbs asked Member Hogestad; if the charge was to send this to City Council with a recommendation to approve or to not. Member Hobbs feels concerns should be heard and wonders if a recommendation should be sent forward. Vice Chair Schneider would not have an issue with notifications being sent out to surrounding areas as provided by Planner Beals. This is an appealable step. Do we need to add to the language that the Director has the ability to appoint another individual? City Attorney Yatabe; no, the City Code and the Land Use Code both have a provision that allow for the delegation to subordinates. Member Rollins received clarification; if a BDR comes through and then something happens in the field or prior to construction, it is decided that a modification to standard is needed, currently the Director looks at it and determines if it is a Minor or Major Amendment. If minor, they move forward. The suggestion is that if it is a minor that there is now notice to the area that goes out again? Planner Beals; yes. Vice Chair Schneider enquired if the this should be opened to Micro Amendments as well. Planner Beals; no. Chair Hansen asked the Board if language needed to be added. Planner Beals suggested adding, under step 6 notice; if a modification is being reviewed under a Minor Amendment that requires a two-week notification prior to the decision. The Board could add a definition of the notification area. Members Rollins would support notification to abutting neighbors but not expanding it into a larger notification area. Member Whitley made a motion that the Planning and Zoning Board recommend to City Council the approval of Land Use Code Minor Revisions Article 2, Division 2.8 Modification of Standards Items 2.8.1 and 2.8.2 and Article 5 Terms and Definitions Item 5.1.2. These are proposed revisions, clarifications and