HomeMy WebLinkAboutEAST MULBERRY CORRIDOR PLAN REZONE - 11-03 - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes
March 6, 2003
Page 24
Planner Wray offered feedback from the airport owners and could also look back
at the discussions with the citizens committee because there are not formal
minutes.
Member Carpenter withdrew her motion for Parcel 2, to receive more
information.
Member Colton moved to continue this item to the next hearing, which will
be held on April 3ro. The Board would like more information from the
airport on the noise concerns and also to get information on the meetings
that were held before regarding this topic.
Member Gavaldon seconded the motion.
The motion was approved 7-0.
There was no other business.
The meeting was adjourned at 10:50 p.m.
Approved by the Board July 17, 2003
Planning and Zoning Board Minutes
March 6, 2003
Page 23
Member Gavaldon would not be supporting the motion because he felt there
would be hodge podge. He felt either all of it should go to one zoning. He felt if
the zoning was left to E, Employment, a modification could be requested to allow
a change to the 25% residential allowed.
Member Carpenter felt it was not hodge podge, it was mixed -use planning.
Member Gavaldon felt that they were tying to accomplish the same thing, but it
was easier this way because we don't have to amend the Mulberry Corridor Plan
with MMN.
Member Carpenter said there is a difference because if we rezone the property
to MMN tonight, they know what they can do. If we say leave it E, Employment
and do a modification, then they are still are hanging out there trying to do all the
work they have to do ahead of time without knowing if they can have that
modification.
The motion was approved 6-0 with Member Bernth not voting due to a
conflict of interest.
Member Carpenter moved to recommend approval of the rezoning of parcel
2 to MMN, in addition to amending the Structure Plan and also the East
Mulberry Corridor Plan. Member Meyer seconded the motion.
Member Craig would not be supporting the motion. She felt that they went
through this whole process with the Advisory Committee. They discussed the
pros and cons and they strongly felt that this was not an area for MMN.
Member Gavaldon reiterated his previous comment.
Member Colton felt that we needed some consistency and felt that the Board was
not getting all the information again tonight.
Chairperson Torgerson said that if Member Colton felt that he was not getting all
the information maybe a continuance would be in order.
Member Colton said that when we have Citizen Advisory Committees being
strongly against and having staff supporting that. He would like to get some
information from the airport management and on airport noise at this location.
He felt that this should be continued until they have that full information.
Planning and Zoning Board Minutes
March 6, 2003
Page 22
airport, .it was his understanding that the owner felt that this was far enough away
from the actual runway that it was not that much of an issue.
Deputy City Attorney Eckman added that Planner Wray had included on page 4
of his staff report, the criteria for quasi-judicial rezonings, meaning ones that are
640 acres or less. The mandatory criteria are that the rezoning be consistent
with the Comprehensive Plan and/or it could be justified by changed conditions in
the neighborhood surrounding, including the property. If the staff is on the fence
about this, would a change to MMN also necessitate a change to the Structure
Plan Map.
Planner Wray replied that was correct and also the East Mulberry Corridor Plan
as well to support that change.
Member Craig stated that she was on the Advisory Committee for East Mulberry
and she definitely remembers that the concerns were the airport. Both the noise
compatibility and the safety issue. There were strong concerns that they did not
want to put that density of housing that close to the airport. She thought that it
was very strong as far as the Advisory Committee was concerned that the zoning
remain E, Employment.
Chairperson Torgerson felt that this sites potential for a crash was low because
the pattern actually goes to the north not the south of the airport. There would
not even be flyovers in a standard pattern.
Planner Wray stated that this was a joint effort with Larimer County and if Council
decides to approve a change to MMN then the East Mulberry Corridor Plan
would also have to be amended by Larimer County.
Member Carpenter stated that we have a citizen who is requesting something
and the Board can't remember why it was done as it has been. The Board
doesn't really have a good reason to leave it the way it is. She thought that it
made sense to go ahead and let this citizen do what he wants to do. She did not
feel there was any reason not to.
Chairperson Torgerson thought the only down side was to have to go through
this long cumbersome process.
Member Carpenter moved to recommend approval of the rezoning of
numbers 1 and 3 to E, Employment according to the findings of fact in the
staff report on page 5. Member Meyer seconded the motion.
Planning and Zoning Board Minutes
March 6, 2003
Page 21
businesses would have some opportunities to move up into the upgraded office
opportunities within the Employment District. Also in looking at some of the
secondary uses that are Employment designation for offices, banks, even some
residential (25% allowed), which provides more opportunity than Industrial
allows. Finally, in this Lincoln and Lemay area, to add the Employment would
provide a transition from the existing Industrial uses and any new development
on the west side of Lemay, and looking to the south and north.
Member Gavaldon asked if it would cause a conflict in the East Mulberry Corridor
Plan if there were two Employment designations and a MMN in the middle.
Planner Wray replied that when this was brought to staffs attention last spring,
the representative of the Webster's came forward with this recommendation, he
took it to staff, through several departments, GMLT, to Planning and Zoning
Board Worksessions and Council Study Sessions. At that time there was
support for that change. Staff weighed the options for both of the
recommendations. He thought that there were pros and cons to both options.
The MMN at that location was looked at in relationship to the Wal-Mart Shopping
Center. There is a grocery store component to the Wal-Mart, but it is not an
official Commercial Center as is identified in City Plan with the City Structure
Plan Map. There is also the Buffalo Run Apartments to the north of Wal-Mart,
which has the appearance of MMN, although it is still in the Commercial Zoning
classification.
Planner Wray did not think it would be a significant blow to the East Mulberry
Corridor Plan to consider MMN. It could fit there, it was not how we typically
describe our Neighborhood Commercial Centers. The official Neighborhood
Commercial Center identified in the plan is off of Greenfield which is consistent
with the City Structure Plan and that is why the Medium Density Mixed Use
Neighborhood was identified within walking distance to that Center over there.
Member Carpenter thought that what Planner Wray was saying was that staff did
not feel real strongly that this absolutely has to be Employment, it could be MMN
and it would still fit within the East Mulberry Corridor Plan.
Planner Wray replied yes. They did have a lot of discussions in working with the
airport owners through this process. Initially they were concemed with adding
additional residential around the airport. That may preclude or add additional
compatibility issues for support of that airport. Staff originally had looked at LMN
around the northwest portion of the airport when this process was.started. In
working through the issues, staff did not want to preclude the airport operation,
which was very important. Staff eliminated or reduced the amount of residential
up there. He thought that the last time he had heard from the owner of the
Planning and Zoning Board Minutes
March 6, 2003
Page 20
they have contributed to this community. He wished the community would be a little
back.
Public Input
Member Gavaldon asked Planner Wray to outline the roads Mr. Webster referenced.
Planner Wray referred to a scanned enlargement of the properties being discussed.
He stated that the Webster's requested that Transportation Engineering take an
initial preliminary assessment of the proposed streets in the East Mulberry Corridor
Plan and the adopted Master Street Plan. They wanted to see a general alignment
to look at the Lemay extension, the extension of Buckingham over to Duff and the
ultimate extension of International Blvd. from Timberline east to Lincoln.
Chairperson Torgerson asked if the International Blvd. Extension wouldn't happen
unless the airport closed
Planner Wray replied staff was still looking at that. They have tried to show an
alignment that would not preclude the airport operations. The implementation of
that extension would not happen until other properties came forward for
development around the airport. He thinks that there is a chance that could
happen with the airport still continuing operation.
Member Craig knew that this area was discussed in depth in the East Mulberry
Corridor Plan adoption. She asked that Planner Wray give some background as
to why it was decided to zone this property E, Employment.
Planner Wray responded that in developing the plan, there was an extensive
public process to work up the ultimate Framework Plan that shows the existing
development pattern and the future land uses for this study area. Staff received
support for identifying some strategic locations for changing the development
pattern at key intersection areas. The first one was at Greenfield where there
was an opportunity to add some employment land uses to strengthen the
gateway when coming off the Interstate into the community. The next location
was at the Timberline intersection to add some employment, another location
was changed from Industrial, and the final location was at Lincoln and Lemay.
Some of the criteria that was looked at for that change was to add some
opportunities for more opportunities for new development than the Industrial
would otherwise allow.
They looked at opportunities for business expansion from some of the small start
up businesses that are in the Industrial area around the airport. So those
Planning and Zoning Board Minutes
March 6, 2003
Page 19
Member Bernth declared a conflict of interest on this item and excused himself.
Pete Wray, City Planner gave the staff presentation. He wanted to clarify that there
were four properties with this agenda item as part of the rezoning. He was
proposing to remove the 4"' property owner from this agenda. That was the 1.19
acres proposed for the rezoning of the Low Density Mixed Use Neighborhood. He
has not included that in the Council Packet for the hearing on the 18th. He has
spoken with the landowners and they are actually outside of the study area and were
not part of the public process for East Mulberry and actually had a contract on the
property to match the existing Industrial Zoning. He felt it was appropriate to
exclude them from this agenda item.
There are the three remaining parcels at the northeast comer of Lincoln and Lemay.
A small corner parcel of 1.71 acres, the middle parcel, which is 15.79 acres and the
6.47 acre parcel as part of the zoning change to Employment,
Planner Wray stated that there was one property owner there, the Webster's
representing the 15.79 acre parcel and they would be requesting a different zoning
classification to MMN rather than E.
Public Input
Jim Webster, was representing the Webster Family for this parcel of land. He was
there to protest the zoning change. He gave some history as to what they have
been through with the City of Fort Collins over the last 15 years. Mr. Webster asked
the Board to look at the drawing of the proposed street projects, which an estimated
30% of their property will be taken out by the right of ways of these streets. The
comer on the other side of the streets will be rendered useless. This property is
nothing more that a stop sign now.
Although, they do have a potential buyer that has worked his way around the street
issue, and has proposed a residential plan that would be transitional between the
multi -family residential to the south and the single family residential to the north.
The project would also blend in with Schrader's LMN, which he will probably get and
he would like the same consideration. Mr. Webster stated that they have been
fighting the city forever on this. They have had contract after contract and everytime
they get a deal together and a developer spends time and money (sometimes up to
2 years), they are eventually shut down by the city of Fort Collins.
Mr. Webster asked the Board for their consideration for the MMN zoning. They have
a potential buyer and have had before this even came up. It has been long and
troublesome and he felt that their family has been here since the late 1800's and
Planning and Zoning Board Minutes
March 6, 2003
Page 18
DRP12:
The Planning and Zoning Board recommended approval of this characteristic.
DRP13:
Member Torgerson did not agree with taking out "with thriving locally owned
businesses". He agreed with the CAC recommendation and wording changes.
Member Gavaldon moved to recommend approval of characteristic DRP13 as
stated in the CAC recommendation with the following wording "The Downtown
is the heart and core of the City including thriving locally owned businesses.
Member Colton seconded the motion.
The motion was approved 7-0.
The Planning and Zoning Board recommended adoption of the following
characteristics:
DRP15, HN1, HN2, HN3 (with the Council Resolution wording).
Project: East Mulberry Corridor Plan Rezone # 11-03
Project Description: Recommendation to change the zoning
designation of 3 parcels totaling approximately
23.9 acres located at the northeast corner of
Lincoln/Lemay Avenue, from Industrial (1) to
Employment (E). In addition to change one parcel
totaling approximately 1.19 acres located at the
northeast comer of Lincoln/Lemay Avenue, from
Industrial (1) to Low Density Mixed -Use
Neighborhood (LMN).
Recommendation: Staff recommends that the Planning and Zoning
Board forward a recommendation of approval to
the City Council to amend the Zoning Map in
accordance with the diagram titled, "Staff
Recommended Configuration."
Hearing Testimony, Written Comments and Other Evidence:
Liaison: Karen Weitkunat
Chairperson: Mikal Torgerson
Vice Chair: Jerry Gavaldon
Staff Liaison: Cameron Gloss
Phone: (W) 416-7435
Phone: (H) 484-2034
Chairperson Torgerson called the meeting to order at 6:35 p.m.
Roll Call: Colton, Bemth, Meyer, Craig, Carpenter, Gavaldon and Torgerson
Staff Present: Gloss, Eckman, Shepard, Schlueter, Stringer, Jackson,
Baker, Waido and Dairies.
Director of Current Planning Cameron Gloss reviewed the Consent and
Discussion Agendas:
1. Minutes of the October 17t', December 16, 2002 (continued)
and the January 16, 2003 (continued) Planning and Zoning
Board Hearings.
Discussion Agenda:
2. Wingshadow Large Group Care Facility, Private High School,
Child Care and Administrative Office — Project Development
Plan.
3. #3-03 Recommendation to City Council for the City Plan Update and
the Transportation Master Plan Update Characteristics for
Future Size and Character of Fort Collins.
4. Recommendation to City Council for an Amendment to the
Natural Areas Policy.
5. #11-03 East Mulberry Corridor Plan Rezone.
Member Gavaldon moved for approval of the October 17, 2002 Planning
and Zoning Board Minutes on the consent agenda.
Member Carpenter seconded the motion.
The motion was approved 74