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HomeMy WebLinkAboutFALCON RIDGE PUD - FINAL - 2-94G - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes August 22, 1994 Page 6 Chair Clements encouraged Mr. Spaulding to work with the applicant with respect to the "no trespassing" sign. Member Cottier said the access change is an improvement and hoped the developer does whatever he can to keep from making the open space into a playground to the west. Notion passed 7-0. Chair Clements welcomed Member Gary Carnes to the Planning and Zoning Board as replacement for Sharon Winfree, past member. Item 13. Platinum Auto Brokers, PUD - Final, #36-94. Mr. Ted Shepard read the staff report for this project. The action of the Board requires two motions (1) requirements for the variance and (2) PUD itself, as mentioned in the staff report. Mr. Gary Farkas made a brief presentation showing the changes requested of the Board at preliminary, landscaping and mentioned that 3.5 customers visit the business per day. He spoke of surrounding properties, flood code, lots with weeds and other issues. He spoke of the location unique to north Fort Collins and consideration requirements. Dixie Johnson - 1241 Maple - She is owner of Mane Images 2 1/2 years. She met landscaping requirements of the City that has enhanced her place of business. She supported the landscaping requirements. Karen Weitkunat - 1513 N. College - She is owner of Budget Host Inn and a resident for 18 years, president of the North College Business Association, and serves on the North College Corridor Study Committee along with the North Access Control Plan. She applauded new businesses and development in the north. She supported positive image of the business and landscaping and upheld City standards. CITIZEN INPUT CLOSED. Member Cottier spoke of landscaping being minimal, inadequate and had concerns regarding the image for the entrance to north Fort Collins. She requested a setback requirement for display vehicles and was concerned about the number of vehicles parked there and was against a raised car rack for vehicles. Member Strom asked further questions regarding landscaping requirements, amount of vehicles on the lot, landscaping, entrances, depth and setbacks (8 to 12 feet), right-of-way, etc. Planning and Zoning Board Minutes August 22, 1994 Page 5 Chair Clements spoke of access to Tavelli School as the "crow flies" distance and the standard of measurement for location distance to schools. Mr. Olt said the standard will remain until it is changed by Council. Mr. Eckman read the requirement by City Council regarding LDGS requirements and stated that the project plat be certified by an attorney in accordance with Colorado Statutes. Member Bell spoke of improvements on Country Club Road. Mr. Olt said street, sidewalk, curb and gutter improvements will be made on the project site along Highway 1. Member Bell spoke of a functional plan. Mr. Vosburg said improvements to Country Club Road will be tied to development, there will be undeveloped parcels and a possible special improvement plan. Member Walker spoke of time required for these types of infra- structure improvements to be made within the City and mentioned several on -going projects. Member Walker moved to approve the Falcon Ridge Final, #2-94G, with a variance for the additional dwelling unit in the project. Member Strom seconded the motion. Chair Clements summarized that there will be more time required to meet standards before a building permit will be issued and safeguards will be made for all concerns of this project. Mr. Eckman suggested that the parties -in -interest work with Mr. Herzig in the drafting of the development agreement, particularly so that it addresses Mr. Penny's water quality and safety concerns, as well as the other technical concerns. Mr. Eckman also suggested that it might be possible to assist in helping to alleviate concerns that Mr. Powers may have regarding whether he must appeal the Board's decision (if is should approved the Project) to the City Council in order to avoid an argument that he failed to exhaust his administrative remedies as a prerequisite to a court appeal. Mr. Eckman suggested a possible solution would be to inquire of the applicant as to whether it would be willing to waive its right to raise the "failure to exhaust administrative remedies" argument in court as it relates to the ownership question, so as to avoid a pointless appeal to City Council. Ms. Liley agreed to the waiver as presented by Mr. Eckman. Planning and Zoning Board Minutes August 22, 1994 Page 4 persons signing the plat are the owners and proprietors, as defined in the State Statutes. He verified that it was signed by an attorney, Rick Zier. It is not appropriate for the City to arbitrate the ownership of the property; however, he offered services of dialog between parties to discuss and resolve ownership issues. If they cannot be resolved, the proper form would be to file in court. The City does not have authority to make legal ownership decisions. Chair Clements spoke of development agreement issues. Mr. Olt read and clarified from a printed statement the standard development agreements required of the City. Storm water and water quality issues would be addressed by Basil Hamdan. Mr. Hamdan, Storm Water Department, spoke of preliminary plans needing more information and that the new plans were submitted one week ago. There are several concerns of downstream conveyance, quality of the water, and conditions that have to be met prior to approval of overall plans. He stated that there will be two to three months of working time required and he believed issues can be resolved. Chair Clements spoke of "no trespassing" signs and responsibility for posting as well as fencing. Mr. Olt said it would be the right of Mr. Spaulding to post signs on his property or a negotiation with the property owner. The six-foot fence could be negotiated; it is not part of the final plan. Chair Clements spoke of increase in dwelling units (from 60 to 61) for the project. Mr. Ed Lawler of Sand Creek addressed the Board, stating the change occurred with the street and gas line re -alignments. Mr. Olt spoke of the LDGS stipulations in Section F5, page 93, for final plans and read the compliance issues. He stated 1% is allowed for increase. Staff believes it does not change the general character of the overall intent of the development, setback or appearance of street frontage on Ford Lane. A variance would be required with the motion by the Board. Chair Clements spoke of Ford Lane and street improvements. Mr. Olt indicated there would be curb, gutter and sidewalk on the new development and the maintenance is a City -County issue. He also said response for fire alarms will be covered by the Poudre-Fire Authority. Mr. Phillips spoke of emergency issues being resolved for police protection by both City and County protection. Chair Clements spoke of Spaulding Lane and its improvements. Mr. Mike Herzig, engineer, said it is a city -county owned street, with a special improvement district, complies to UGA standards, and has a 32-foot street width. Planning and Zoning Board Minutes August 22, 1994 Page 3 He spoke of the retention and reservoir ponds in the area being inadequate. He spoke of lack of signage on the plat, water run- off, quality of water, monitoring overflows. He spoke of willingness to work with developer for the "chain of title" and requested a delay. Carl Spaulding - 312 Spaulding Lane - He spoke of owning property west of the development and appreciated the access road plans. His main concern is that his property not become a play area and requested "no trespassing" signs with a 6-foot high fence at the rear of the homes. Jerry Manning - 2106 Ford Lane - Mr. Manning spoke of the new plans for 61 dwelling units and that the original plans called for 60. He questioned if the LDGS requirement of 1% increase would be met? Jeannine Hammond - 505 Country Club Road - Ms. Hammond spoke of unanswered questions at neighborhood meetings regarding: density, emergency response with partial city and county boundaries, maintenance of streets, types of homes, elevation plans, air, and utilities (water pressure specifically). She requested they be addressed. Tim Carney - 2101 Sandstone Drive - Mr. Carney spoke of his opposition to the project with regard to the inter -governmental agreements (IGA) and their complexity. He was not opposed to growth. The State Highway does not have pedestrian access, Country Club Road is a collector with no sidewalk. He voiced concerns about how children would get to school safely, and the infra -structure issues. He spoke of a project near Anheuser- Busch being developed and their access limitations, forcing use of Country Club Lane. He requested the infra -structure be reviewed and planned before development. CITIZEN INPUT CLOSED. Ms. Lucia Liley spoke of Mr. Powers comments --that they were the same issues aired at the City Council appeal. She spoke of ownership and title issues assuring Sand Creek as owner. She submitted into the record a document dated July 11, 1994, from which she read items A-D. She spoke of the City not functioning as a court for these issues. Mr. Powers claim needs to be filed through the courts. Poudre R-1 has set up buses for transpor- tation of students to the Tavelli School. Chair Clements spoke of land ownership issues. Mr. Eckman spoke of a submittal requirement which is complete with the plat containing a attorney's certificate. This states that the Planning and Zoning Board Minutes August 22, 1994 Page 2 Member Strom moved approval of Items 1-8 and 10-12. Member Fontane seconded the motion. Motion carried 7-0. DISCUSSION AGENDA: Item Mr. Steve Olt, Project Planner, read the staff report with recommendations. Mr. Olt spoke of approval by the Board, June 6, with two conditions specified at preliminary to be met before final --access plan and sketch plans for elevations prior to final PUD. These conditions have been met. There were two appeals of the Planning and Zoning Board's decision that the City Council upheld. There was a requirement that the developer provide a plat and appropriate PUD documents signed by the property owners of record, which has been met. Lucia Liley spoke to the Board representing Sand Creek Associates, developer of the project. She mentioned that Ed Lawler and Pete Sherman, two principals, were present and available to answer questions. She spoke of Mr. Power's earlier filed appeal of ownership, which was denied by City Council. She requested to speak after Mr. Powers was heard by the Board. CITIZEN INPUT Mr. Ed Powers - 2044 Terry Lake Ave. - Mr. Powers spoke of ownership issues, specifically an index of the documents submitted to the Board and ownership records. He gave a brief presentation with a map illustrating the questioned property ownership issues. He spoke of drainage issues and indicated they were not near final. He requested the Board to either (1) deny the plat or (2) modify the final plat with conditions he submitted to the Board, (detention pond removal on the Falcon Ridge Final Plan from the triangular area and all land owned by the Larimer-Weld Reservoir and the County, with rights, and consent of all property owners of the plat). Bob Penny - Law Firm of Sommermeyer, Wick Dow and Campbell - Mr. Penny represented the Larimer and Weld Reservoir Company. He spoke of meetings with the Powers family and ownership of areas and "chain of title." Neither the developer nor the title company have a "chain of title" to show ownership. The Reservoir Company opposes the development at this time because there are volumes of water still running off from agricultural property. n PLANNING i ZONING BOARD /-- MEETING MINUTES August 22, 1994 Gerry Horak, Council Liaison Ron Phillips, Staff support Liaison The August 22, 1994, meeting of the Planning and Zoning Board was called to order at 6:30 p.m. in the Council Chambers of City Hall West, 300 Laporte Avenue, Fort Collins, Colorado. Roll call was answered by: Chair Clements, and Members Bell, Carnes, Cottier, Fontane, Strom, and Walker. Staff Members Present: Eckman, Hamdan, Herzig, Olt, Phillips, Shepard, Vosburg and Worden. Mr. Phillips read the agenda review. AGENDA REVIEW Item 1. Minutes of the May 23, June 6 and June 27, July 11 and July 25, 1994, P i Z Meetings. Item 2. Harmony Market PUD, 7th Filing, Golden Corral - Preliminary and Final, #54-87Y. Item 3. Harmony Market PUD, 3rd Filing, Steele's Expansion Final, #54-872. Item 4. Harmony Market PUD, 9th Filing - Final, #54-87Y. Item S. oakridge PUD, Cornerstore - Preliminary, #13-82BI. Item 6. Upland PUD, Filing One (Upland's Prospect Business Park, Block 2) - Preliminary, #3-84G. Item 7. Bank One PUD - Preliminary and Final, #54-87A Item 8. Hilicrest PUD - Final, #6-93B. Item 9. Falcon Ridge PUD - Final, #2-94G. Pulled for discussion. Item 10. Resolution PZ94-11 Easement Vacation Item 11. Modifications of Conditions of Final Approval. Item 12. Small Project Development Review Fee Schedule, #62-93A. Item 13. Platinum Auto Brokers PUD, Final, #36-94. Item 14. Overland Trail Annexation and Zoning, #9-940A. Item 15. Country Club North Rezoning, #39-94. Item 16, Spring Creek Village PUD, Preliminary, #2-87N. Item 17. Northbrook Patio Homes at Fairbrooke PUD, Final,#7-94B. CONSENT AGENDA: Member Strom moved that Item 12 be placed on the consent agenda from the discussion agenda. Member Cottier seconded the motion. Motion carried 7-0.