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AMENDMENTS TO THE LAND DEVELOPMENT GUIDANCE SYSTEM AND SECTION 29-526 OF THE CITY CODE ..... SECOND P & Z BOARD HEARING (CONTINUED FROM 7/24/1995) - 33-95 - DECISION - MINUTES/NOTES
Planning and Zoning Board Minutes August 21, 1996 Page 18 Member Strom was concerned if there was information on the record through the Board's discussion that wasn't necessarily "...presented to the Board...". Deputy City Attorney Eckman stated that in some manner it would have to be "...presented to the Board..." for it to get to the Board. Member Colton asked if this was something that was verbally discussed or part of a packet that the Board received. Deputy City Attorney Eckman replied that it could be either since they receive information in oral and written form. Chairperson Carnes asked how specific the Board should be in specifying the kind of information and how they came by that information. Member Walker commented that if there was a question of the applicant or neighbor, then they would present something to us in response. Member Strom moved to recommend approval to City Council of the Land Development Guidance System Amendments and Section 29-5326 of the City Code. Member Mickelsen seconded the motion to recommend. Member Bell asked that in terms of the Appeal Process, if the Board would be limiting how citizens could participate in the appeal process and that they could only appeal land use after the preliminary approval. Director Blanchard replied that this was correct. Chairperson Carnes stated that in discussions with City Council, if any revisions have been adopted the Board would inform any and all involved. This is to clarify the process for everybody. Member Mickelsen explained that no matter when the Board makes a change to a project, anyone can appeal the change to that specific issue at the preliminary approval or after final approval. The motion passed 6-1 with Member Bell in the negative. The meeting adjourned at 11:27 pm. Planning and Zoning Board Minutes August 21, 1996 Page 17 Mr. Olt stated that there are two different palates in the Harmony Design Standards and Guidelines and Staff would like to be able to work with both of them. Ms. Liley stated that the applicant feels comfortable with this. The neighborhood requested that some landscaping be placed on the berm. She does not believe that this is an issue. She added that they can send a plan to the neighbors and receive comments and send these comments to Staff for their review. Member Mickelsen amended the motion by adding that the developer will create a landscaping plan for the berm and provide that to the neighborhood and return results of that to City Staff for final decision. Member Strom seconded the amendment The motion passed 7-0. - •Z•Iy'Ii4Lil�li`I • • • _ -�_ I • �A •' •_. 1 ,, it � • • 1 L • � u Director Blanchard presented the Staff Report recommending approval. He added that the major item was that this would clarify and sometimes limit what could be appealed after preliminary approval as well as after final approval. Any appeal of preliminary approval would be limited to land use, layout and density and any conditions that were applied by the Board. The appeals after final approval would be limited to whatever was heard at final approval not to include land use, layout and density unless the Board change the layout and density. He reviewed the recommendations from the Board's study session. Under 29-526 F (5) © Final Plan, the last line should read "...not part of the record at the time of the preliminary plan." The other change by the Board under Appendix "C", Appeal Process, second line from the end of the paragraph, should read "...the layout or density of the final plan only when such layout or density received initial approval or has been modified by the Board at the time of its review and approval of the final plan." Member Strom asked for an explanation as to why the City Attorney's office is more comfortable with "not presented to the Board" than with "not part of the record". Deputy City Attorney Eckman explained that City Attorney Steve Roy drafted this language. He stated that in a previous draft, it read as "....was not available to the Board upon its review...". He believed that there is a difference in what was available and presented and that presented is more precise. Planning and Zoning Board Minutes August 21, 1996 Page 2 Member Colton moved to approve Consent Agenda Items 1, 4, 5 and 6. Member Bell seconded the motion. The motion to approve passed 7-0. i 100 Member Strom requested a sense of the change in intensity of use for the Four Seasons ODP and clarification of pedestrian access and orientation of Poudre Valley Plaza PUD. Steve Olt, Project Planner, replied that, in the Four Seasons ODP, this is a 30 acre parcel of the approved ODP that had previously been approved for multi -family residential at a density of 10-20 DU/acre. This amendment is for a portion of the 30 acre site, 7.6 acres, at the southeast comer of Shields and Horsetooth to allow a commercial proposal in lieu of the multi -family. Included in this commercial project is retail, financial with drive-thru, office space, restaurants with no drive-thru and a small component of residential uses. Member Strom asked if the remainder of the site stays in multi -family development. Mr. Olt replied that this is correct. Member Strom asked, with regard to Poudre Valley Plaza PUD, for clarification of the architectural concept. Mr. Olt stated that this would establish an architectural intent for the center. The concept is only one building of the plaza and presented slides of the concept. The materials would not be defined until final approval. This concept is intended for all the pad sites. Member Strom asked for clarification of the non -auto circulation pattern within, between and surrounding the site. Mr. Oft replied that there will be detached sidewalks along Shields Street and Horsetooth Road. Attached sidewalks would be along Century Drive and the Arbor Ij The meeting was called to order at 6:37 P.M. Roll Call: Bell, Walker, Davidson, Colton, Strom, Mickelsen, Carnes. Staff Present: Blanchard, Olt, Eckman, Herzig, Vosburg, Schlueter, Deines. Agenda Review: Current Planning Director Blanchard reviewed the consent and discussion agendas. The consent agenda items are as follows: 1. #29-95 Freight Depot PUD - Preliminary 2. #30-96 First Amendment to Four Seasons Overall Development Plan, Parcel H-1 3. #30-95A Poudre Valley Plaza PUD - Preliminary 4. #15-95A Harmony Market PUD, 11th Filing - Final S. Resolution PZ95-19 Easement Vacation 6. Modifications of Conditions of Final Approval Discussion Agenda: 7. #17-95A Rafferty's PUD - Final 8. #33-95 Recommendation to City Council Regarding Amendments to the Land Development Guidance System and Section 29-526 of the City Code 9. #2-95A Recommendation to City Council Regarding the North College Rezonings (Continued) Member Strom pulled Items 2 and 3 from the Consent Agenda for discussion.