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HomeMy WebLinkAboutMINUTES-01/11/2000-AdjournedJanuary l 1, 2000 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Adjourned Meeting - 6:00 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, January 11, 2000, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Absent: Councilmember Bertschy. Staff Members Present: Fischbach, Krajicek, Roy. Consideration of the Appeal of the November 4,1999 Planning and Zoning Board Decision to Condition the Approval of a Modification of Standard to Section 4.15(D)(1) of the Land Use Code for a Project Known as the Olde Town North Subdivision, Board Decision Modified The following is staff s memorandum on this item. "Executive Summary On November 4, 1999 the Planning and Zoning Board approved a Modification of Standard to Section 4.15(D)(1) of the Land Use Code (the CCN— Community Commercial — North College District) with the condition that the minimum number of affordable housing units be fifty percent (50%) of the total number of housing units to be constructed. Section 4.15(D)(1) states: Single-family, two-family and multi family housingshall have a minimum density offive (5) dwelling units per net acre calculated on a gross residential acreage basis for any development project. Single-family housing shall be limited to a maximum offorty percent (40%)of the geographically distinct district area (emphasis added) Specifically, a modification was requested to the requirement limiting single family housing to a maximum of forty percent (4011o) of the geographically distinct district area. The request was to ensure that this affordable housing project could proceed even if a separate project that consumed the entire 40% received vested development rights. The geographically distinct district area referred to in the Code represents each individual area zoned CCN. 116 January 11, 2000 On November 18, 1999, a Notice of Appeal was received by the City Clerk's Office alleging that the Planning and Zoning Board "did not properly interpret nor properly apply relevant law (Land Use Code). " City Attorney Roy explained the appeal process and the options available to the Council. Bob Blanchard, Director of Current Planning, presented background information regarding the appeal, described the proposed site and addressed the pertinent Land Use Code provisions. Mayor Martinez established a time limit of 20 minutes for each side to the appeal. Bruce Hendee, President of BHA Design, 4803 Innovation Drive, spoke regarding the lack of opportunity for the applicant to respond to the Planning and Zoning Board motion regarding modification. He requested that the Council modify the conditions imposed by the Planning and Zoning Board and stated that the intent is to meet the requirements of the Land Use Code for affordability. He spoke regarding the nature and scope of the proposed development and the difficulties of keeping the units as affordable as possible for the whole project. He outlined the grounds for appeal and the arbitrariness of the 50% condition approved by the Planning and Zoning Board. Dan Nordhughes, Olde Town North development company, stated that the vision of the project is to provide affordable housing. He spoke regarding the character of the proposed development and stated that the 50% requirement creates a difficult situation regarding the developer's ability to keep the project going. Monica Sweere, President of Palladian Construction Company, appellant, described the vision of the project. She stated that a 50% affordability guarantee jeopardizes the feasibility of the project. She requested that the decision of the Planning and Zoning Board be modified to reflect the 10% affordability set out in the Land Use Code. Councilmember Byrne asked about the understanding of the Planning and Zoning Board regarding the affordability standard. Mr. Hendee stated that the issue is the technical definition of the term affordable and that the intent for the project is 100% affordability. CouncilmemberKastein asked if the CCN zoning district carries the affordable housing requirement. Blanchard spoke regarding the criteria in the Land Use Code for granting modifications. Councilmember Kastein asked about stipulations for funding from the State for affordable housing. Ms. Sweere spoke regarding state funding requirements for affordable housing projects and varying definitions of affordability. 117 January 11, 2000 Councilmember Byme asked what percentage of the development will make use of state affordable housing funding. Ms. Sweere stated that 80 units or about 25% of the project will be involved in this funding. Councilmember Weitkunat asked for further information regarding the modification granted. Blanchard outlined the modification granted by the Planning and Zoning Board. W. Paul Eckman, Deputy City Attorney, spoke regarding the affordable housing component of the modification. Councilmember Weitkunat asked about time limitations. Blanchard stated that the Code provides that modifications are valid for one year. Councilmember Mason asked for clarification regarding what the City is giving up to make the project happen and the discussion regarding limiting the project to 40% single family. Councilmember Wanner asked if the Code permits or requires modification at a level of 10%. City Attorney Roy stated that the Code provides for modification to the standard to change the 40% district limit and that the Planning and Zoning Board established the 10% standard as a condition. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adjourn into Executive Session to discuss legal issues. The vote on the motion was as follows: Yeas: Councilmembers Byme, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED ("Secretary's Note: The meeting adjourned into Executive session at 6:35 p.m. and reconvened following the Executive Session at 6:55 p.m.) Councilmember Mason asked about discussions relating to the development being 100% affordable housing. Blanchard stated that the assumption was that the project met the definition of affordable housing with at least 10% affordable housing, and that since the project met the affordable housing criteria it warranted the granting of a modification. Greg Byrne, CPES Director, spoke regarding the competitive process for affordable housing funding. Councilmember Kastein made a motion to modify the decision of the Planning and Zoning Board to lower the requirement for affordable housing from 50% to 10%. THE MOTION FAILED FOR LACK OF A SECOND Councilmember Mason made a motion, seconded by Councilmember Byrne, to modify the decision of the Planning and Zoning Board to reduce the minimum number of housing units to be constructed from 50% to 25% of the total number of housing units to be constructed. 118 January 11, 2000 Councilmember Wanner spoke regarding the community goal of encouraging affordable housing and the rationale for a twenty-year guarantee of affordability. Councilmember Mason spoke regarding the North College plan. Councilmember Weitkunat spoke regarding the integrity of the North College area and supported a substantial percentage of affordable units for the project. Councilmember Kastein spoke regarding the vision for the area and Fort Collins. He opposed setting the percentage at 25%. Councilmember Mason stated that it is important to honor plans such as the North College plan and spoke in favor of the 25% figure because of the public good that would be achieved. Mayor Martinez referred to Planning and Zoning Board discussion set out in the transcript and stated that he would not support the motion. The vote on the motion was as follows: Yeas: Councilmembers Byrne, Mason, Wanner and Weitkunat. Nays: Councilmembers Kastein and Martinez. THE MOTION CARRIED Executive Session Authorized Councilmember Wanner made a motion, seconded by Councilmember Mason, to adjourn into Executive Session to discuss legal issues. The vote on the motion was as follows: Yeas: Councilmembers Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED ("Secretary's Note: The meeting adjourned into Executive Session at 7:05 p.m. and reconvened following the Executive Session at 7:15 p.m.) 119 The meeting adjourned at 7:15 p.m. ATTEST: Adjournment 120 January 11, 2000 Mayor Pre peg