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HomeMy WebLinkAboutREFERRED MINOR AMENDMENT TO THE RIGDEN FARM NEIGHBORHOOD CENTER - 56-98C - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes April 5, 2001 Page 26 Planner Jones replied that since the mailboxes were taken out, you could now park a car and get out there. The city also requires parking for the office. Member Bernth moved for approval of the change to the Rigden Farm Overall Development Plan. Member Carpenter seconded the motion. Member Craig would not be supporting the motion. She felt this was a change in the character of the development. Member Colton also would not be supporting the motion. The motion was approved 4-2 with Members Colton and Craig voting in the negative. Member Bernth moved for approval of the change to the Rigden Farm Filing One Project Development Plan. Member Carpenter seconded the motion. The motion was approved 4-2 with Members Colton and Craig voting in the negative. There was no other business. The meeting was adjourned at 10:40 p.m. Planning and Zoning Board Minutes April 5, 2001 Page 25 • that minor amendment results in the change in character of the development. A major amendment would be any type of amendment that does not qualify as a minor amendment. A major amendment would go to the Planning and Zoning Board and it would be very similar to what they are seeing tonight, but it would have a different title on the staff report. It would be the same set of issues before the Board. Planner Jones stated that Mr. Glaser had brought up the issue of change in character of the development and that was a judgement call by the Board. Staff feels that physically it is not a change in character and can be processed by a minor amendment. Member Craig felt this may be a major amendment for a change in character because she does not view a neighborhood center with house with a fence all the way around it and gates, etc. Even though they are calling it a mixed -use center, they are gating and fencing it so it is no longer part of the neighborhood center. Planner Jones restated that it was up to the Board to determine. Staff feels that the criteria for a neighborhood center in the LMN zoning district are being satisfied. Member Colton asked about the convenience store element and was it being dropped. Mr. Furness replied that in the original plan the convenience store would have been part of the coffee shop with just some convenience items for the local residents. The intent was to move that with the coffee shop and just have a little cart with convenience items. Member Colton stated that Mr. Glaser had a point that he had seen this picture with the house with umbrellas on the deck and people out having coffee and maybe could be interpreted as a change in character. Mr. Furness responded that again it goes back to the LPC and that they were not very happy with umbrellas and things out on the deck. Their recommendation was that if at all possible, they preferred them not to add on extensive decks with umbrellas. Planner Jones stated that Karen McWilliams of the Historic Preservation office reviewed the request and commented that they would like to see a more residential use in the house and not commercial. She did not speak on behalf of the LPC. Member Craig asked if there would be seating and tables. Mr. Furness replied there would be. Member Craig asked about the parking area. Planning and Zoning Board Minutes April 5, 2001 Page 24 emotional issues from the Johnson side of things and they would like them to keep the house a residence. In essence they are trying to go back to that tradition. Rigden Farm was setup to comprise a mix of single family and multi -family residences in a multitude of price ranges along with complimentary commercial uses centered around the relocated Johnson Farm Homestead Community Center formally located at Drake and Timberline. Rigden Farm spent about $300,000 relocating the homestead to its current location. Residents should be able to walk out their front door and feel like they are stepping back to a simpler friendlier time. Single and multi family home communities with their own identities will be linked in Rigden Farm by a series of sidewalks, trails and networks of tree lined streets. Rigden Farm is a nice place to live. The historic Johnson Farm Homestead, the Community Center, Coffee Shop and a place for the community to gather is exactly what they are doing at this time. As Mr. Glaser stated they are in fact changing a little bit of the use, but they are not changing the use as much as they are relocating the uses. They are taking some of the use and relocating it out to where the barn is currently. He mentioned a reduction of 57% in the outside area of the house. That is false. That area has been relocated over near the barn. On the eastside of the barn, they are putting in a large patio so parents can go to the barn and get a cup of coffee, sit out on the patio which overlooks the children's playground area. They think that makes more sense. They have chosen to get rid of the gang mailboxes because they did not want to cause all the congestion at the community center where kids are going to be playing and people will have their community gardens. All of the buildings are still designated, with the exception of the house and the garage as Community Center, open to the public buildings. The house will still be open to the HOA members. Public Input Closed Member Colton asked what the criteria were for judging a minor amendment like this. Planner Jones replied that in Section 2.2.10 of the Land Use Code it talks about amendments to approved plans. Item A in that Section talks about minor amendments and item B talks about major amendments. Minor amendments stated that any change to an approved development plan or site specific plan basically could be amended through this minor amendment process. There are four items that need to be satisfied, • that minor amendment would result in an increase or decrease by 1 % or less in the approved number of dwelling units • that the minor amendment results in an increase or decrease in the amount of square footage in a non-residential structure that does not change the character of the project • that the minor amendment results in change in the housing mix ratio Planning and Zoning Board Minutes April 5, 2001 Page 23 decks and patios where there would be the ability for the homeowners to come together and participate. Now this use is being crammed into the barn, which is less that 1,500 s.f., and within the barn there would be both basketball and a coffee shop. He didn't feel that it was big enough to play basketball or have a dance or to even have a homeowner's association meeting. They are trying to put too much into too small of a space. Mr. Glaser stated that he supported what Rigden Farm is doing for the most part. He paid more to be in Rigden Farm because of the Master Plan, because of the sculpture they are putting in the entryway and because of the lantern lighting they have throughout and because of the neighborhood center. Mr. Glaser felt that they should be congratulated for putting together a very fine development in our community, but do we need to give them special consideration for doing what they said they would do. The signatures of the landowners are of no consequence, why, because he believes the signatures were obtained with incomplete disclosures to the landowners. It was his understanding that most of the signatures were obtained without really seeing what the plan would be for the barn and how confined two incompatible uses would be. Second, he felt the truly affected parties were not here tonight. They would be the people who are buying the condominiums, and the homes that are being built in Rigden Farm. Those are the people he felt were being shortchanged. He has done some cursory review to find that there are numerous ways that we can instill community pride, activities within the community without having to have a landmark devoted to a private residence. It is in a prominent location and it is and will probably remain the most prominent building in the residential portion of Rigden Farm. To make it a private residence for the most part, would be terribly unfortunate. It needs to have access to the community as per the original plan. There is no dispute in his mind that this project is a change in character. Will the outside of the house look the same, yes for the most part, although they have decreased the exterior space by 57%. The exterior of the house would look the same, but the exterior character is going to be greatly changed because now it is going to become a private residence as opposed to a congregating place, a meeting place, a place of vitality. Fred Croce, one of five owners of the Rigden Farm LLC stated that three years ago when they set out to develop Rigden Farm, they were the first to go under City Plan. Things have changed, some of the things they decided to do back then, they have in retrospect looked back and thought they may have made some error in their judgement at that time. One of those has to do with comments that they have gotten from Historic Preservation. One of the things they asked them to do initially, was to try to keep the house a house. Calvin Johnson's family was raised there and there were some Planning and Zoning Board Minutes April 5, 2001 Page 22 The house originally was designated on the approved plan as having a coffee shop, PO boxes, convenience store and a large deck on the eastside of the building. The barn was to have a meeting area, basketball, dance hall and daycare. With the proposed change, the house is now a mixed use dwelling with office and the barn is a meeting area, basketball, dance hall and coffee shop. He stated that staff felt that the request was meeting the criteria within the Land Use Code for neighborhood centers. Member Craig asked how the new proposal meets the criteria of a "neighborhood center". Planner Jones replied that those standards were in the LMN zone district for neighborhood centers. There are 5 categories of criteria for neighborhood centers. • Access to a neighborhood center • Location • Land Use Requirements • Design and Access • Outdoor Spaces Planner Jones read the Land Use requirements, which he thought that Member Craig was referring to in her question. The change is to put in a mixed -use dwelling in the house and since that is one of the uses allowed including an office located in the same building which is also a permitted use. The criteria states that the requirement is to have two uses from the list and those two uses are on the list. Member Craig asked what size the office would be in the house. Vaughn Furness, Jim Sell Design representing the applicant gave a brief presentation. He stated that the office would be approximately'/4 of the house and it is to run the Rigden Farm LLC Homeowner's Association. Public Input Carl Glaser, owner and developer of Parcel F, which is diagonally opposite from the proposed Neighborhood Community Center. He referred to the letter he sent the Board, which was given to them prior to this meeting. He questioned the mixed -use dwelling and he thought that it would have something of greater variety than an office. The residence was always intended to have an office for the management of Rigden Farm. To make it into a residence that is going to be a private residence for the caretaker and a wife that would be the social director makes it a private configuration. All of the marketing drawings that were presented by Rigden Farm in his purchase of his parcel indicated a very lively, interactive space with banners and lights and umbrellas and Planning and Zoning Board Minutes April 5, 2001 Page 21 Council. He felt that we could live with the natural area enforcement that we currently have. The motion for denial was denied 5-2 with Members Craig and Colton voting for the motion. Member Bernth recommended approval of the eight aforementioned annexations with zoning of POL, Public Open Lands. Member Torgerson seconded the motion. Member Carpenter felt it made sense when the city owns the natural areas to have more control and have a better enforcement of regulations. Member Torgerson concurred and added that what was found in a study a year ago was that enclave annexations cost a lot now, but they cost a lot more in the future. The motion was approved 5-2 with Members Colton and Craig voting in the negative. Project: Referred Minor Amendment to the Rigden Farm Neighborhood Centerr Project Description: Minor Amendment application to change the Rigden Farm ODP, and the Rigden Farm, Filing One PDP. The request is to change some of the permitted uses and the configuration within the Rigden Farm Neighborhood Center. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Member Torgerson excused himself due to a conflict of interest on the project. Troy Jones, City Planner gave the staff presentation. The project is referred to the Planning and Zoning Board because there is known opposition by a neighbor. Planner Jones reviewed some site shots to illustrate the request. The request is to change the uses of the Neighborhood Center, which includes the Johnson House and the adjacent barn, which were approved as part of the Rigden Farm Filing One with specific uses. Chairperson Colton called the meeting to order at 6:35 p.m. Roll Call: Colton, Bernth, Craig, Gavaldon, Carpenter, Meyer and Torgerson. Staff Present: Shepard, Eckman, Grubb, Olt, McCallum, Moore, Jakson, Stringer, Jones, Wilder and Deines. Agenda Review: Chief Planner Ted Shepard reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the May 18, November 16 and December 7, 2000 Planning and Zoning Board Hearings. 2. #3-90H Westbrooke PUD, Second Filing - Final Discussion Agenda: 3. #4-01 Ridgewood Hills Rezoning 4. #1-01 Poudre Development Rezoning 5. #40-98 Cathy Fromme 1" Natural Area Annexation & Zoning 6. #40-98A Cathy Fromme 2Id Natural Area Annexation & Zoning 7. #43-98 Coyote Ridge 1st Annexation & Zoning 8. #43-98A Coyote Ridge 2"d Annexation & Zoning 9. #43-98B Coyote Ridge 3`d Annexation & Zoning 10. #43-98C Coyote Ridge 4th Annexation & Zoning 11. #43-98D Coyote Ridge 5t" Annexation & Zoning 12. #43-98E Coyote Ridge 6th Annexation & Zoning 13. Referred Minor Amendment to the Rigden Farm Neighborhood Center. Member Craig pulled Item 2, Westbrooke PUD, Second Filing for discussion. Member Carpenter moved for approval of Consent Item 1, May 18M only. Member Bernth seconded the motion. The motion was approved 7-0.