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HomeMy WebLinkAboutMINUTES-10/09/2018-RegularOctober 9, 2018 COUNCIL OF THE CITY OF FORT COL-LINS, COLORADO Council -Manager Form of Government Adjourned Meeting— 6:00 PM o ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Horak ABSENT: Cunniff Staff present: Atteberry, Daggett, Coldiron fit d, The purpose of this item is to consider an appeal of the Planning and Zoning Board (the °Board") decision on July 19, 2018, approving the External Storage Lockers Minor Amendment. The project is located at the Mennonite Church, 300 East Oak Street. The appeal was filed on August 2, 2018. The appeal alleges the following: • The Board failed to property interpret and apply Land Use Code ("Code') Section 1.2.2 • The Board failed to properly interpret and apply Code Section 1.5.1 • The Board failed to properly interpret and apply Code Section 2.2.6 • The Board failed to properly interpret and apply Code Section 2.2.9 Mayor Troxell outlined the order of the hearing and discussed the applicable parties -in -interest. Steve Ackerman added his name to the list of appellants. Brian Connolly; Attorney representing the applicant, stated there were several individuals on the appeal statement who do not meet the qualifications to be a party -in -interest. He also stated there were some matters raised in the notice of appeal that were not raised before the Planning and Zoning Board and would therefore constitute new evidence. Mr. Connolly noted these concerns are part of a motion to dismiss. Brett Olsen, Attorney representing a group of the appellants, stated he only recently received a copy of the motion to dismiss and stated he is prepared to address its merits, but lodged a threshold objection. Laurie Kadrich, Planning, Development, and Transportation Director, stated the Mennonite Fellowship is located in the Neighborhood Conservation Buffer zone district. She discussed the accessory use minor amendment for the lockers which was approved by the Planning and Zoning Board with the condition a security camera with a seven-day retention policy be installed. Kadrich stated the appeal of the decision alleges the Planning and Zoning Board failed to interpret and apply four Land Use Code sections. Mayor Troxell stated he and Councilmember Overbeck attended a site visit. Councilmember Overbeck stated he observed the property and parking lot area and asked a question about construction of the lockers. Mayor Troxell stated he observed the lockers and asked if there was access to restroom facilities as a part of the project and asked if existing outbuildings were part of City of Fort Collins Page 386 A^ A October 9, 2018 the locker assemblage. He was informed the outbuildings are used for storage but was not provided an answer to the restroom question. Mr. Olsen stated there is one Code section referenced in the appeal that was not identified or discussed in the staff report. Mr. Connolly and Council did not object to the inclusion of the discussion of that Code section. City Attorney Daggett suggested it would be helpful to have parties interject when they feel new evidence is being introduced to allow Council to discuss each objection at the time. APPELLANT PRESENTATION Mr. Olsen discussed the appellants he represents and stated they are residents, business owners, and property owners in the Library Park neighborhood. The appellants are aware of the struggles of homelessness and do not oppose the church's efforts to serve the homeless community; however, they have concerns about the 24/7 use of the lockers with minimal supervision. Mr. Olsen outlined the appeal assertions and stated the determination by the Planning and Zoning Board that the proposed external storage lockers are an accessory use to the church is fundamentally incorrect. He stated the lockers are not an accessory use per the Land Use Code definition. Mr. Connolly objected stating the question of accessory use was not considered by the Planning and Zoning Board. Mr. Olsen stated the determination of accessory use led to the minor amendment process and is therefore intertwined with the Board's determination and the appeal. City Attorney Daggett stated the referenced Land Use Code section is part of the appeal notice and the Code does not limit the appellant to issues that were actually raised before the Board, although it does limit the introduction of new evidence. Mayor Troxell stated he would allow Mr. Olsen to proceed as no new evidence has been introduced. Mr. Connolly objected to Mr. Olsen's statement that no other church allows this use as being new evidence. Mayor Troxell stated the statement would not be allowed. Mr. Olsen stated there was consideration of the lockers as an accessory use by comparing it to a public bike rack or private storage shed, which are different from the locker use. He also noted the staff report stated it had found few comparable examples. The minor amendment process should not have applied; therefore, the Board failed to apply Code Section 2.2.10 in determining the locker are an accessory use subject to the minor amendment process. It is the appellants' position that even if the lockers are subject to the minor amendment process, the Board's decision approving the application must be reversed because the Board failed to properly interpret and apply other sections of the Code, specifically Sections 1.2.2 and 2.2.9. City of Fort Collins Page 387 October 9, 2018 Mr. Olsen stated the Board erred because it disregarded uncontroverted evidence and did not make a rational connection between its decision and the evidence presented, including written comments and testimony to the Board by residents and business owners regarding an increase in illegal activity in the neighborhood and health and safety concerns. Mr. Olsen stated staffs research found successful programs have on -site staff to manage and monitor locker use. He noted the neighborhood is predominantly residential and the staff�report indicated no other business in the area operates 24 hours a day. He stated the Planning and Zoning Board failed to properly consider and apply evidence under Section 1.2.2, and in turn, violated Section 2.2.9 related to conditions of approval by ignoring evidence. He requested Council reverse the decision of the Planning and Zoning Board approving the minor amendment application. APPLICANT PRESENTATION Mr. Connolly requested Council uphold the Planning and Zoning Board decision approving the minor amendment. He noted Council is limited to considering whether the Board erred in its determination. Pastor Steve Ramer, Fort Collins Mennonite Fellowship, discussed the communitywide contributions of the church and discussed the Mennonite history and beliefs: He detailed the history of the locker project and noted there is no room for the lockers inside the building. He discussed the need for 24-hour access and stated 24-hour supervision would be prohibitively expensive. Crime in the neighborhood has decreased as items in the lockers have not been stolen. Mr. Olsen objected to this information as being new evidence. Mayor Troxell instructed Pastor Ramer to address items in the appeal. Pastor Ramer discussed the locker construction and requested the appeal be dismissed. Mr. Connolly stated Land Use Code Section 1.2.2 is not applicable to a minor amendment, the locker project enhances community safety, and does not change the character of the neighborhood. Section 2.2.9 of the Land Use Code, which authorizes the Planning and Zoning Board to impose conditions upon the approval of a land use application, was not violated by the Board. He discussed other 24-hour operations in the area; including the church itself, the library book drop, and public restroom. This project is a continuation of the church's outreach to homeless community members and discussed the Religious Land Uses and Institutionalized Persons Act. He stated scrutiny of the locker project raises several concerns under the Act and the lockers are actually part of the primary use of the property. Pastor Ramer noted the church does not operate 24-hours as an ongoing operation; it participates with Faith Family Hospitality to provide overnight shelter for four families for a week at a time about five time per year. APPELLANT REBUTTAL Mr. Olsen stated it is clear Section 1.2.2 does apply to this application and agreed Section 2.2.9 affords discretion to the Board to impose conditions of approval on an application; however, he stated that discretion was abused in this case based on uncontroverted evidence in the record. The. City of Fort Collins Page 388 October 9, 2018 question of whether this is an accessory use is not coextensive with whether the proposed use is part of the church's ministry to the homeless. APPLICANT REBUTTAL Mr. Connolly stated any concerns raised about public safety issues related to the lockers are unsubstantiated given issues existed in the neighborhood prior to the lockers being installed. He also stated no other commercial or institutional use has restrictions on 24/7 public access. COUNCIL DELIBERATION Councilmember Martinez asked if Police Services could attest to the assertion crime has reduced since the lockers were installed. Kevin Cronin, Assistant Police Chief, replied a cursory search indicated an increase in calls at the church; however, that is only based on a 30-day period. Councilmember Martinez asked if the locker use is clearly incidental and subordinate to the principal use of the land or building, as is part of the definition of an accessory use. Clay Frickey, City Planner, replied staffs position is that the lockers do fall within the definition of an accessory use. Councilmember Stephens asked how many lockers were depicted in the photo and if others are coming. Mr. Connolly replied one bank of lockers has been installed on the west side of the building and there will be another bank on the east side. He also stated safety has been increased for the individuals storing items in the lockers and noted the police calls to the property are not indicative of tickets issued or arrests made. Mayor Troxell asked if any other activities, such as camping on the site, have been associated with the locker use. Pastor Ramer replied camping is not allowed. Regarding restroom access, he stated people would have access to the building on Friday evening and Sunday morning. Mayor Troxell asked if any camping citations have been issued for the property. Officer Cronin replied there have been several citations, two including drug use. Bodily waste disturbances have, also been frequent. He stated an increase in crime has occurred since the lockers were installed. Mayor Troxell asked if there would be any way to prohibit camping on the site. Pastor Ramer replied there are various groups using the building throughout the day and most evenings and camping is discouraged as much as possible. He stated signage is posted to indicate camping is not allowed. Councilmember Martinez asked if it would be difficult for the church to provide supervision for the lockers. Mr. Connolly replied it would be financially prohibitive for the church to have a staff person on premises 24 hours a day. He noted monitoring occurs as part of the programming seven days a week and the lockers are checked twice per day. Councilmember Martinez asked what types of police calls were received during the 30-day period referenced by Officer Cronin. Officer Cronin replied arrests have been made, camping tickets and warnings have been issued, and the church has had to make at least one call regarding an individual banging on church doors. City of Fort Collins Page 399 October 9, 2018 Councilmember Overbeck asked if the lockers are weatherproof. Pastor Ramer replied the lockers . are not weatherproof, but a roof has been installed to shelter them from severe weather. Participants are encouraged to store items in plastic. Mayor Troxell asked about the monitoring of locker contents. Pastor Ramer replied there is not a practice of checking locker contents; however, that would be done if it were necessary. Mayor Troxell asked who provides the locks. Pastor Ramer replied the church provides the locks. Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, that Council find the Planning and Zoning Board properly interpreted and applied the relevant Land Use Code standards in approving, with one condition;."the External Storage Lockers Minor Amendment MAI 80033 pertaining to the Mennoniie church 4100 East Oak Street: He further moved that Council uphold and modify the decision by adding o r,modifying the following conditions: church staff must be present during hours of operation, locker operations must be limited to the hours between 8AM and 8 PM, and access -to lockers must be restricted outside normal hours of operation. He further moved that, except as stated, based on the evidence in the record and presented at this hearing, the appeal is hereby found to be without merit and is denied. Mayor Pro Tern Horak stated these conditions are quite reasonable and would be imposed in any location. He noted staff research has found these types of programs are difficult to do well. Councilmember Summers stated it is important to allow individuals who need access to their belongings outside normal hours to do so. Mayor Pro Tern Horak replied he would accept a change in hours; however, he would like that coupled with supervision. He stated he would be open to changing the hours to begin at 6AM with supervision. Councilmember Overbeck accepted that change. Councilmember Stephens questioned the definition of supervision. Mayor Pro Tern Horak replied that would entail an individual being on premise, though not necessarily standing by the lockers. Councilmember Martinez stated the police report evidence proves on -site supervision is necessary. Mayor Troxell stated limiting the operation to be outside nighttime hours and with staff supervision alleviates his concern about camping. Mr. Connolly requested the hours be extended to 1 OPM as the church has programs running until that time. Councilmember Martinez stated there is a difference between supervision and individuals who happen to be there for another reason. Mayor Pro Tern Horak asked what process the church would need to go through to request additional hours. City Attorney Daggett replied it would be difficult to modify the hours if Council adopts a condition to limit them unless it is clear in the motion that Council intends to allow an administrative modification. Mayor Pro Tern Horak stated he would prefer to see some period of performance prior to allowing extended hours. He suggested the applicant could file for a minor amendment to request extended hours. City of Fort Collins Page 390 October 9, 2018 o ADJOURNMENT The meeting adjourned at 8:18 PM. ATTEST: City C k City of Fort Collins Page 391