HomeMy WebLinkAboutPOUDRE DEVELOPMENT REZONE - 1-01 - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes
March 15, 2001
Page 11
Planner Shepard replied that there would be a neighborhood meeting when there is a
PDP.
Chairman Gavaldon asked Ms. Aragon if she felt that a neighborhood meeting was
needed at this time to help direct staff to what they felt would be an appropriate zone on
this property.
Ms. Aragon replied that was why she was there. They were left with rumors about what
they are trying to build there. She felt they were being left out of the loop, and it was
very important that they are part of the solution and their input is taken as important.
She felt their opinion should be taken into account. The neighborhood is very
concerned about an outdoor amphitheater so close to the neighborhood. They would
put a strong opposition to something like that and a big concern would be parking. She
was just trying to make sure the neighborhood has input.
Member Colton felt there were enough concerns raised that he needed time to review
the Downtown Plan. He would like to further investigate the LMN district that would
allow some commercial but yet preserve the opportunities for residential in that area.
Planner Wilder stated that staffs position was that CCR was appropriate because of the
specific standards that are set up for the uses that are adjacent to the river. The LMN
District does not have those standards. The CCR standards are less intense than other
zones in the area. There are specific standards that orient toward the river, for example
parking and streets you can have in the area. Staff felt that the very specific standards
were a good fit for the district.
Member Bernth felt that the CCR would be more protective for the river.
Chairperson Gavaldon suggested that this item be continued for outreach from the
neighborhood.
Member Colton moved to continue this item until the next public meeting, so
there can be a neighborhood meeting and also that each member get a copy of
the Downtown Plan for further review prior to that meeting.
Member Bernth seconded the motion. The motion was approved 5-0.
Planning and Zoning Board Minutes
March 15, 2001
Page 10
Director Gloss replied that staff has spent considerable time this week trying to address
the concern she raised at worksession. In poring through the document, seeing three
graphics that identify housing as a potential use on this site. It was understandable that
she could interpret that it was exclusive use for housing. The Strategic Action Plan on
Page 71 specifically says to comprehensively rezone all annexed properties within the
downtown corridor of the Poudre River to RC, River Corridor District. It proposes that
the area have a mixture of uses, it was not exclusively residential or exclusively
commercial or employment. It encourages a mix of uses, as does the CCR District.
There are a variety of uses that are permitted, and that was the intention. In looking at
the graphic on Page 78 of the Downtown Plan, it identifies different housing densities,
but that was not exclusive. What the graphic was trying to depict, was where housing
would be located, but not that you would have exclusively limited an area to housing.
The plan was not exclusively dedicating this parcel to residential. The CCR zone does
allow residential.
Member Craig stated that her impression from the Downtown Plan was that it wanted
housing in this area. Once you say CCR, then you are opening it up to hotels, retail,
etc. As a property owner it probably it benefits you more to look at it from the retail side,
or the entertainment side, than it does to look at it from the housing side.
Director Gloss handed out the Strategic Action Chart from the Downtown Plan. The
implementation of the plan specifically calls for this property to be rezoned to RC. That
was the clearest direction that the Downtown Plan could give staff. From staffs
perspective, CCR is comparable to the RC zone, and staff feels that CCR is the
appropriate zoning district.
Chairman Gavaldon asked if it was in the process to have outreach for rezonings.
Planner Shepard replied yes, although we have not had many rezonings.
Chairman Gavaldon asked why there was not a neighborhood meeting for outreach
Planner Shepard replied that with the new system, we do neighborhood meetings with
the Project Development Plans so the neighbors can react to something. But, an old
"hot -spot" that was carried over from 1997, T, Transition. As such, this request is not a
typical request for a new zone but to place the parcel in the zone for which it was
originally intended. The CCR zone has been specifically written for this site, was posted
with a green sign and letters were mailed. There was no phone calls or letters received.
Chairman Gavaldon felt that a "hot -spot" was a red flag that needed outreach
Planning and Zoning Board Minutes
March 15, 2001
Page 9
Member Craig asked who asked for this property to be put in the T, Transition zone.
Planner Shepard replied that in the 1997 rezoning, RC, was not going to be a zone that
carried over into City Plan, that zone no longer exists.
Timothy Wilder, City Planner for Advanced Planner added that the old RC, was the old
River Corridor District and was no longer in effect. The new RC is the River
Conservation, and is completely different than the old district. The one zone that most
closely resembles the old RC, is the CCR District. Therefore, that is the rationale for
considering the CCR District at the time of the City Plan rezonings. At the time of the
City Plan preparation, staff was considering the CCR District, which staff felt was the
most appropriate district at the time. The owners were concerned about that district and
so it was placed in the T, Transition District at that time. It was never officially zoned
CCR.
Member Craig asked about the Downtown Plan and the conceptual map in the plan. It
specifically shows in this area H, Housing that the plan was looking for in this area. The
plan references that it encourages new single family housing detached and attached
units, medium density residential land uses and elderly retirement housing, as
appropriate in areas of the Poudre River Corridor District. The plan states to rezone
properties within the Downtown Corridor of the Poudre River to RC, River Corridor
District. She was surprised from that, why we did not go into a specific river corridor
when City Plan was put together.
Director Gloss responded that Advanced Planning has put together a spread sheet
analysis comparing the old RC and the CCR zoning District, which he passed out, that
identified all the permitted uses in the review process and how closely they match. It
was the closest match that we have to the old RC Zone is the CCR Zone.
Member Craig stated that one of her biggest concerns was that in reading the
Downtown Plan, housing was what the plan was looking for in this area. Housing in this
area, as well as housing in the Link n Green area, was what the plan specifically called
for in this area. On the Structure Plan, it is called Downtown District, and she looked
that up in the Land Use Code, and Downtown District in the Land Use Code doesn't
even show this property. It specifically talks about Downtown and the three sub -areas.
That struck her as being put on the Structure Map wrong, it should have been put in
green like Link n Green was, to signify that it was Poudre River Corridor. She wondered
why it ended up as Downtown District on the Structure Map. She also wondered if staff
had considered at all LMN, since the Structure Map showed the Buckingham
neighborhood as LMN, and the Downtown conceptual plan shows, that it does prefer
housing in this area.
Planning and Zoning Board Minutes
March 15, 2001
Page 8
Mr. Peterson stated that the applicant has now decided to come back and ask that the
CCR zone be put on the property. This particular area of town has been thought of, for
planning purposes, as being an area adjunct to downtown and maybe an expansion of
downtown. The surrounding zonings are E, Employment, I, Industrial (New Belgium
Brewery), POL, Public Open Lands and RL, Low Density Residential (Buckingham
Neighborhood), and the concrete plant across the river is zoned RDR, River Downtown
Redevelopment. This property has been zoned in the past IG, General Industrial, and
as stated before RC, as part of the implementation for the Poudre River Trust Plan and
the Downtown Plan in the late 80's. With all the planning that has gone on in this area,
and especially City Plan and the Structure Plan, the applicant believes, and staff
concurs in their recommendation, that this property needs to be zoned CCR.
Mr. Peterson went on to say that the Community Commercial Residential is the zone
that allows areas of the downtown fringe, to have a variety of uses. It encourages
redevelopment with moderate intensity uses. Certainly environmental restrictions that
the city has in place will guide some of the development on this property. Mr. Peterson
felt that this was a very straightforward and an appropriate rezoning based on the
history with the community and with this property. The applicant does not have any
plans for development at this time.
Member Craig asked if Mr. Peterson was at the neighborhood meeting that was held in
December.
Mr. Peterson replied he was not.
PUBLIC INPUT
None.
Member Craig asked about the neighborhood meeting that Ms. Aragon was speaking
of.
Planner Shepard replied that he had no knowledge of it, but assumed it was someone
from Parks and Recreation. Perhaps someone who was investigating one of the
multiple sites for an outdoor performing arts center.
Member Craig asked if there was a neighborhood meeting, and if not why?
Planner Shepard replied there was not. There was no development proposal at this
time. There would be a meeting, at the time there was something to take to the
neighborhood to look at. We are required by law to take this out of the T, Transition, so
we relied on the normal mailing and posting.
Planning and Zoning Board Minutes
March 15, 2001
Page 7
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence:
Betty Aragon, 140 2d Street, advocate for the Buckingham Neighborhood, stated that
the neighborhood does have concerns about the development they are looking to put in
the Oxbow. They have been told rumors, and they would like to go on facts. There has
not been much citizen outreach, and this is her concern. If they are planning on doing
something so close to the neighborhood, there should be outreach to the neighborhood
for citizen input. There was a gentlemen that came during Christmas week and gave
them a preview or proposition that they were looking to do on the Poudre River
Development, a botanical garden and outdoor amphitheater. The amphitheater was to
be in this location, so there are concerns that if this is going to be an amphitheater, why
has there not been more outreach to the neighborhood for input. That is why she was
there, to make sure that they get the knowledge of what is going on so close to their
neighborhood. She would like it clarified tonight what they are planning to build there
and go from there.
The Board asked for a staff presentation.
Ted Shepard, Chief Planner, gave the staff presentation. He stated that the request
was to rezone the parcel from T, Transition to CCR, Community Commercial River. The
parcel is 21.7 acres in size and located on the east side of the Poudre River bounded by
Linden Street, Buckingham Street and First Street. The parcel was zoned T, Transition
upon the adoption of City Plan in March of 1997. He stated the staff report reflects the
history of the parcel and several rezonings it has been through in the last 25 to 30
years. He stated that Timothy Wilder was there, who has worked on some of the
implementation programs for the Poudre River Plans that have been adopted over the
years.
Tom Peterson, Planner, representing Poudre Development, who is applying for the
rezoning tonight, stated that this property has been under the same ownership for a
very long time. The reason it is before the Planning Board tonight, was that in 1996,
when City Plan came in, the owners had the option of staying in the existing RC, River
Corridor Zone at that time, which is now essentially the CCR zone. At that time,
because of all the planning activities that was going on in the area, the owners opted to
waive to T, Transition. They have not had any plans for development of this property.
The property has been used for the wash site for the concrete trucks that belong to
Poudre Pre -Mix for a number of years.
Planning and Zoning Board Minutes
March 15, 2001
Page 6
i
Mr. Jones replied yes.
Me er Craig stated that it was discussed at worksession that a second sum is done
after t foundation is poured to make sure it is not over the lot line.
Marc Virata; Engineering Department replied that a surveyor is the one who does the
staking for a foundation. He suggested if a step further is neededfhat maybe some sort
of certification be done. As it is stated now, it is not above an eyond what typically
occurs.
Member Craig was still concerned about mistakes be' made with garages over the lot
lines and what would happen if someone were to s
Mr. Jones stated that in consulting with the Z ing Department about the eaves of the
roof hanging over the lot line, they stated at they could not. So the foundations would
have to be poured back a foot or so, so zero lot line is really the eaves. The
applicant does understand that.
CITIZEN INPUT
None,
Member Colton recommended approval of the Modifications of Standards for
Settler's Green at Rigden Farm PDP referencing the findings of fact and
conclusions end with a condition of approval that they meet the conditions of
Exhibit A.
Member Carpenter seconded the motion.
The motion was approved 5-0.
Project: Poudre Development Rezoning, #1-01
Project Description: Request to rezone the Poudre Development
parcel from T, Transition, to CCR, Community
Commercial River. The parcel is 21.7 acres in
size and located on the east side of the Poudre
River bounded by Linden Street, Buckingham
Street and First Street. Buckingham Park
forms the southeast border of the site.
Planning and Zoning Board Minutes
March 15, 2001
Page 2
17. #43-98E Coyote Ridge 61h Annexation and Zoning
18. #3-01 2021 Timberline Lane Rezoning
19. #12-97D Harmony Technology Park, Hewlett Packard — Project
Development Plan
Member Colton and Chairperson Gavaldon declared a conflict of interest on Item
19, Hewlett Packard.
Member Bernth declared a conflict of interest on Item 18, 2021 Timberline
Rezoning.
Lynn DiMirando, citizen asked for Item 3, Lincoln Jr. High School Addition be pulled for
discussion.
Betty Aragon, citizen, asked for Item 7, Poudre Development Rezoning be pulled for
discussion.
Member Craig asked for Item 4, Settlers Green at Rigden Farm, PDP, Modification of
Standards be pulled for discussion.
Member Carpenter moved for approval of the Consent Agenda items 1, minus the
May 18th minutes, 2, 5, 6, and 8.
Member Bernth seconded the motion.
The motion was approved 5-0.
o'ect: Lincoln Junior High School Addition, Sit n
_ Advisory Review, #13-98B
Project Description: Request to exgac�Ytmcoln Junior High School
by constructing a new building containing
497 s.f. The building would feature
classrooms, computer lab, gymnasium,
recreational facilities and kitchen. The
predominant after school user would be the
Boys and Girls Club of Larimer County. The
site is approximately one acre and zoned UE,
Urban Estate.
Council Liaison: Scott Mason
Chairperson: Jerry Gavaldon
Vice Chair: Mikal Torgerson
Staff Liaison: Cameron Gloss
Phone: (H) 484-2034
Phone: (W) 416-7431
Chairperson Gavaldon called the meeting to order at 6:35 p.m.
Roll Call: Colton, Bernth, Craig, Gavaldon, Carpenter and Meyer(late). Member
Torgerson was absent.
Staff Present: Gloss, Eckman, Jones, Moore, Shepard, Olt, Grubb, K. Moore, Reiff,
Schlueter, Wamhoff, Virata, Wilder, Bracke, Daggett.
Agenda Review: Director of Current Planning Cameron Gloss reviewed the Consent
and Discussion Agendas:
Consent Agenda:
1.
Minutes of the May 18 (Continued), October 19, 2000 and
January 18, 2001 Planning and Zoning Board Hearings.
2.
# 6-01
Harris Bilingual Elementary School Expansion — Site Plan
Advisory Review
3.
#40-00
Lincoln Junior High School Addition — Site Plan Advisory
Review
4.
#56-98J
Settler's Green at Rigden Farm, PDP — Modification of
Standards
5.
Modifications of Conditions of Final Approval
6.
#7-01
Staley Annexation and Zoning
7.
#1-01
Poudre Development Rezoning
8.
#2-01
Speights PUD, Lots 6 & 7 and the West Half of Tract A
Rezoning
Discussion Agenda:
9.
Recommendation to City Council for Adoption of the Transfort
Strategic Operating Plan
10.
#40-98
Cathy Fromme Natural Area Annexation and Zoning
11.
#40-98A
Cathy Fromme 2"d Natural Area Annexation and Zoning
12.
#43-98
Coyote Ridge 1st Annexation and Zoning
13.
#43-98A
Coyote Ridge 2"d Annexation and Zoning
14.
#43-98B
Coyote Ridge 3`d Annexation and Zoning
15.
#43-98C
Coyote Ridge 4th Annexation and Zoning
16.
#43-98D
Coyote Ridge 5th Annexation and Zoning