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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 11/18/1999The meeting was called to order at 6:35 p.m. by Vice Chair Gavaldon. Roll Call: Bernth, Craig, Gavaldon, Carpenter, and Torgerson. Members Meyer and Colton were absent. Staff Present: Blanchard, Shepard, Eckman, Olt, Schlueter, Stringer and Macklin. Agenda Review: Director of Current Planning Blanchard reviewed the Consent and Discussion Agendas: 1. Minutes of the May 6, July 1, September 16, and October 7, 1999 Planning and Zoning Board Hearings. 2. Resolution PZ99-12 Easement Vacation. 3. Modifications of Conditions of Final Approval. • Discussion Agenda: 4. #1-97A Timberline Church P.U.D. — Final. S. The Greens at Collindale — Referred Minor Amendment (Continued). 6. Maxi -Stuff Storage — Modification of Standard. Member Bernth moved for approval of Consent Items 1, 2 and 3. Member Carpenter seconded the motion. The motion was approved -0. Project: Timberline Church (formerly First Assembly of God), Final P.U.D., #1-97A Project Description: Request for a portion (Phase One and Phase Two) of a multi -use church campus. Phase One consists of 114,350 square foot assembly hall/gymnasium with offices and child care. The assembly hall/gymnasium would contain 1,352 seats. Phase One also consists of 5,000 square foot, four -bay bus barn. Phase Two consists of 86,400 square feet primarily for a sanctuary/auditorium which would contain 2,500 • seats. The site is zoned LMN and located on the east side of Timberline Road, north of Pine Cone Planning and Zoning Board Minutes November 18, 1999 Page 2 Apartments and approximately one-half mile south of Drake Road. Recommendation: Approval with the Condition: "The four foot high berm that buffers the western parking lot shall be enhanced with additional evergreen trees, sufficient in number so that at the time of maturity, the combination of plant material shall form a solid screen as viewed from Timberline Road. Such additional evergreen trees shall be a minimum of eight to ten feet in height at the time of planting." Hearing Testimony, Written Comments and Other Evidence: Ted Shepard, Chief Planner gave the staff presentation. He stated that this item was continued from the October 215t Planning and Zoning Board Hearing. The item was continued to discuss the parking and the parking distribution issue. Planner Shepard reminded the Board that there was a condition of approval that was part of the discussion last hearing. The Board discussion at one point was to add a certain amount of trees to the berm along Timberline Road. Through discussion it was determined to add 2 evergreen trees to the berm along Timberline. He stated that the Board would have to take action on that item tonight. Planner Shepard reviewed the handouts that the Board received tonight and stated that staff was still recommending approval of the project with the condition that the 2 trees be added to the berm. The applicant on the project gave a presentation. Pastor Frank Estep responded to issues that have been brought up by the Board. The issues of empty parking lots during the week. He gave examples of other facilities throughout the city that have empty lots during certain times. He felt that their church facility is used more than most church facilities in the state. The issue of parking lots being expensive. Pastor Estep agreed that parking lots are expensive and they have resisted relocating as long as they could, but it is now to the point of not only being inconvenient, but also dangerous where they are now. He gave the Board • Planning and Zoning Board Minutes November 18, 1999 Page 3 the estimates he received from several builders for the cost of building a parking structure, approximately $10,567.00 per space. 3. The issue of parking alternatives. He stated that Rigden Farm has told them it would be at least 5 years before they do anything commercially to the north of the church. He also asked the Board to not consider putting parking in the Meadows East Subdivision. He did not feel it was right to turn a neighborhood into a parking lot. 4. The issue of questions regarding the formulas or ratios regarding used to determine parking areas. They have provided those formulas and ratios to the Board. Option A was what they would like considered because it involves the Land Development Guidance System. Option A, parking spaces to the main auditorium. They are suggesting the ratio of 2.8 with 1,452 seats which equals 518 spaces, they are asking for 516. 5. The issue of mitigation. He felt that they were not a traditional church, they were creative, innovative and also very good at stewardship and finance. They have committed themselves to maintain a minimum of three •. services per weekend. Gary Larson, President of the Larson Group and Architect on the project spoke about parking on the project. Mr. Larson presented published information on parking requirements for churches. Both publications recommended 1 space for every 2.5 seats. Mr. Larson also noted that there is no bus service on Sundays. Mr. Larson referred to a Chart (F) that was handed out to the Board tonight which gives Church Attendance and Parking Comparisons of other churches of similar sizes along the front range. Mr. Larson stated that they have seriously considered the discussions that were carried out at the last hearing. They appreciate the suggestion of a compromise, but they do not believe the compromise is in order, and believe it is in the best interest of the community to enforce the design guidelines which call for safety, efficiency and convenience for parking. They are requesting that their 2.8 ratio be upheld for the purpose that it is already a compromise. To go to any higher ratio would reduce safety immensely and the LDGS standards for 1 to 5 is a minimum not a maximum. They have one of the highest landscaping requirements placed upon a church of this type and they have adhered to every request that the city staff has asked of them. 0 Planning and Zoning Board Minutes November 18, 1999 Page 4 Gary Northrup, Senior Pastor spoke about the safety of the 600 kids a weekend that are walking through the parking lot under sixth grade. There are hundreds of senior citizens in their community and he felt that adequate parking should be provided. Public Input Gene Little, member of the church gave examples in the community of facilities that do not provide enough parking for the activities that are held in those facilities. He felt that this is a community center opportunity for us and we all share in the responsibility of that. Dave Pietenpol, Project Manager for Rigden Farm spoke in favor of the parking ratios proposed by the church. He welcomed the church as a neighbor of Rigden Farm. Rex Smithgaul, Administrator at Faith Evangelical Free Church spoke of the churches similarities in growth and expansion needs. He felt that parking was also an important issue for them as well. He felt that insufficient parking was a growth inhibitor. He stated that his church has a seating capacity of 1,000, with total parking spaces of 432, which equates to a parking ratio of 1 parking space to 2.3 people in the sanctuary. The church experiences parking problems because of lots being full and people parking on the neighborhood streets. Alan Ginsborg, member of the church spoke on parking and parking distributions. He stated that the residents of this community are the participants and the people using this property and it was a matter of convenience and accommodation for people to facilitate the parking. He felt the applicant has been generous in their approach to the Board and urged the Board to approve the request. Brad Behoungk, member of the church stated that he did not know the reason to increase the parking ratio, but several things are clear. One is that you cannot control behavior through these types of regulatory actions. Just because you create fewer parking spaces does not create fewer cars trying to park. He was concerned about the liability of the church and the city because people will park elsewhere. Phil Sheridan, resident of the neighborhood where the church is being built. He stated that he has lived there for 15 years. He stated that he does not like all the traffic in this town and he is a bike commuter in the summer. He does support alternative transportation, but can step back and see what is realistic about this situation. A church does deserve special consideration, primarily by the fact that • Planning and Zoning Board Minutes November 18, 1999 Page 5 it holds its services at such unique times. A church is considered a positive addition to a neighborhood compared to a commercial use on vacant land. It provides a clientele that is well behaved and respectful. The church holds most of its activities on Saturday evenings and Sunday mornings. A church of this size will have many members from outside the city limits and have no other alternative but to drive their vehicles. According to the latest bus route, it does not provide Saturday evening nor Sunday service. If adequate parking is not provided, then church goers will park on their streets. He asked that the Board allow this church to be a positive impact on their neighborhood. Russell Laughlin resident of Fort Collins spoke about providing a church so that the church can bring in new members whether from this community or people who come into this community to learn about god. Debbie Eckdahl, member of Timberline Church spoke about the singles group she is involved in at the church. She spoke about the activities at the church that need adequate parking for safety and convenience. She asked for full consideration of their request. • Jeff Witter, member of Timberline Church questioned what violations or ordinances that they have not met that has made the Board come to the decision that it should be smaller than it is. He asked the Board to address that question. Mari Mutter, member of Timberline Church encouraged the Board to see what an asset it is to the community. Public Input Closed Member Gavaldon addressed the question of the Board's role. He explained that they are all volunteers that are appointed by City Council to review land use guidelines and policies, to review applications and work with staff in making the best decisions possible for the community as a whole. Member Craig also clarified that the Planning and Zoning Board is not a policy making Board. Policies are made by City Council and the Planning and Zoning Board only enforces the policies set forth. Member Craig asked about Criteria A2.4 and was there anything that states that it is the specific standard to use and was there any place that says that it is a minimum. Planning and Zoning Board Minutes November 18, 1999 Page 6 Deputy City Attorney Eckman explained the interpretation of the LDGS for Criteria A2.4. He stated that in the past it has been interpreted all to be minimum requirements rather than maximums or absolutes. Member Torgerson asked the architect of the project about the proposed condition for additional trees to be planted to screen the parking. He asked if he thought that it would screen the building. Mr. Larson replied that he did think that it would screen the building, but he stated that their priority is parking and screening of the building is a lower priority. Member Gavaldon commented that he did asked for all the ratios and comparisons because before, the Board did not have a strong table on it. By providing the information it helps them understand and gives them the information to compare and to follow the LDGS to make the best judgement. He thanked the applicant for the information. Member Torgerson stated that he would be supportive of the project because he believes that it is in compliance with all the codes. Member Bernth commented that at first he did interpret the code to be minimum parking spaces according to the LDGS. He also is taking into account neighborhood concerns and does not want the church participants parking in the neighborhood. He felt it was important to have the parking on site, and for those reasons he would make the following motion. Member Bernth moved for approval of the Timberline Church P.U.D. including the condition for the two Evergreen Trees on the berm along Timberline Road. Member Carpenter seconded the motion. Member Gavaldon stated that he would be supporting the motion Member Carpenter commented that the Board did not make a decision against the parking lot at the last hearing, they asked for a continuance for more information. She would be supporting the motion because she felt that they had met the LDGS, but she still has a problem with continuing to asphalt the world because it is cheaper and so we can park. She felt we need to find better answers than that. • Planning and Zoning Board Minutes November 18, 1999 Page 7 I- I L 0 Member Craig would support the motion but would not support the project philosophically in how the code is read. She felt that changes should have been made to make the code read like they wanted it to read. She still reads A2.4 as a specific standard and minimum was not added to it. The motion was approved ". Project: Modification of Standards in Section 4.23(E)(2)(b) and Section 4.23 (E)(3)(a)2 of the Land Use Code for the Maxi -Stuff Storage, 1640 Riverside Avenue, #9-99 Project Description: Request for two modifications of Section 4.23(E) Development Standards in the I, Industrial Zoning District of the Land Use Code, more specifically Subsection 4.23(E)(2)(b) Building Design — Orientation and Subsection 4.23(E)(3)(a)2 Site Design — Screening. The property is located at 1640 Riverside Avenue and is on the east side of Riverside Avenue just north of East Prospect Road. The property is in the I, Industrial District. Staff Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: This project was appealed to City Council and a verbatim transcript is attached. Other Business There was no other business. The meeting was adjourned at 8:00 p.m. • PLANNING & ZONING MEETING NOVEMBER 18, 1999 MODIFICATION OF THE STANDARD FOR THE MAXI -STUFF STORAGE Commission Members Present: Mikal Torgerson Sally Craig Dan Bernth Jennifer Carpenter Jerry Gavaldon Staff Present: Paul Eckman, City Attorney's Office Bob Blanchard, Planning Department Steve Olt, Planning Department Meadors Court Reporting, LLC 140 W. Oak Street, Suite 266 Fort Collins, Colorado 80524 (970) 482-1506 or (800) 482-1506 Fax: 482-1230 e-mail.- meadors@frii.com 1 • 1 MR. GAVALDON: Welcome back everyone to the -- to 2 the Planning and Zoning Board meeting for November 3 18th. Next item is modification of the standard for the 4 Maxi -Stuff Storage. Steve, are you ready? 5 MR. OLT: We're ready to go. Good evening, Mr. 6 Chairman and Members of the Board. I'm going to do this a 7 little differently than I normally would in that in the 8 interest of expediting the item and with modifications of 9 standards being somewhat nontraditional, I'm going to 10 actually read from the staff recommendation to you because 11 of the citations in the code that are a little difficult 12 to memorize. 13 So moving ahead. Again, as you indicated this is 14 a recuest for two modifications of standards in the land 15 develop -- or in the Land Use Code. I better get into the 16 right system. Land Use Code, being Section 4.23 -- 17 4.23(e) development standards in the I, Industrial Zone, 18 again, of the Land Use Code. And more specifically we'll 19 be dealing with subsections 4.23(e)2(b), that's building 20 design orientation, and subsection 4.23(e)3(a)2, being the 21 site design screening. 22 This property is located at 1640 Riverside Avenue 23 and is on the east side of Riverside Avenue just north of 24 East Prospect Road. Again, the property is in the I, 25 Industrial, zoning district. I 2 1 Pertinent code sections that we'll be dealing 2 with tonight are, again, the subsection 4.23(e)2(b) 3 building design orientation. And that section states, 4 "Along arterial streets and any other streets that 5 directly connect to other districts, the building shall be 6 sited so that a building face abuts upon the required 7 minimum landscaped yard for at least 30 percent of the 8 building frontage. Such a building face shall not consist 9 of a blank wall." 10 The second subsection we'll be dealing with 11 is 4.23(e)3(a)2, site design screening. And that states, 12 "A minimum 30-foot deep landscaped yard shall be provided 13 along all arterial streets and along any district boundary 14 line that does not adjoin a residential land use. If a 15 district boundary abuts upon or is within a street 16 right-of-way then the required landscaped yard shall 17 commence at the street right-of-way line on the district 18 side of the street rather than at the district boundary 19 line." 20 The charge of the Planning and Zoning Board this 21 evening as specified in Section 2.8.2 dealing with 22 modification review procedures states that, "The granting 23 of the modification would neither be detrimental to the 24 public good nor impair the intent and purposes of the land 25 use code and that the plan as submitted will advance or 3 1 protect the public interests and purposes of the standard 2 for which the modification is requested equally well or 3 better than would a plan which complies with the 4 standard." 5 "The second criteria of the granting of the 6 modification from the strict application of any standard 7 would result in substantial benefit to the City by reason- 8 of the fact that the proposed project would substantially 9 address an important community need," and then it goes 10 into specifics about community needs. 11 And the last criteria is, "By reason of . 12 exceptional physical conditions or other extraordinary 13 exceptional conditions or situations unique to the 14 property." And this gets you to the hardship case. In 15 this particular case the applicant has proposed that the 16 modification of standards that they're requesting meet the 17 requirements of sections 2.8.2(h)1 and 3 dealing with 18 their plan being equal to or better than a plan which 19 would comply and the hardship criteria. 20 Moving to staff's evaluation analysis of the 21 modification request. Let me get to that point. See, I'm 22 going to summarize this and then go up to the plan briefly • 23 before we bring the applicant to the podium. 24 Under the finding of facts and conclusions, staff 25 has determined that the granting of the request of V 1 modification would not be detrimental to the public good 2 nor would it impair the intent and purposes of the land 3 use code. The plan as submitted will advance or protect 4 the public interest and purpose of the standard for which 5 the modification is requested equally well or better than 6 would a plan which complies for the following reasons: 7 The proposed landscaped parking area in front of-- 8 the buildings will increase the amount of vegetation 9 adjacent to Riverside Avenue to an amount equal to a 10 project developed according to the standards set forth in 11 the Land Use Code. 12 The proposed landscaped improvements are similar 13 to or greater than those in the surrounding area that were 14 reviewed under prior land use regulations, either as the 15 use -by -right or the Land Development Guidance System. And 16 the proposed design of the Maxi -Stuff storage facility is 17 more similar to a commercial design and use than a true 18 and sole industrial use. 19 The alterative plan submitted provides for good 20 separation of uses on -site with access and parking for the 21 storefront offices being detached from the self -storage 22 units while still being set back a significant distance 23 from the existing Riverside Avenue. 24 There is a significant amount of landscaping and 25 separation from the existing street, as well as a defined 5 1 pedestrian connection from the sidewalk, the public 2 sidewalk, along Riverside Avenue to the commercial 3 storefronts as proposed. 4 The second criteria that the applicant had cited 5 dealing with hardship, staff's evaluation is a plan 6 submitted that requires a modification of the standard 7 could comply if the facility layout would be moved back 8 from the site further from the street edge of Riverside 9 with a potential for a loss of approximately 4 of the 45 10 storage units. But we don't truly believe that a hardship 11 would be imposed on development of the site. 12 What I'd like to go now is briefly go to the 13 slides. So I'm going to go to the other podium. 14 Again, as I indicated, as you see on the slide on 15 the screen in front of you, the red -shaded area on the map 16 is the site. And that is -- do we have the laser pointer 17 by chance? Then I'll go ahead and use something. Can you 18 see that at all? Then I'm not going to use that. Thanks, 19 Bob. Without touching the screen, I will try to direct 20 you through this. 21 Okay. So we use the cursor. Everyone can see 22 the arrow? That site that I now have essentially overlaid 23 with the symbol is the location. This is Riverside Avenue 24 running along the (indicating) west side of the site, and 25 then this is East Prospect Road. A 1 You have several uses surrounding the property. 2 This is a large electronics firm previously that had been 3 Public Service Company (indicating), I believe, had been 4 there for many years. Teledyne Water Pik assumes this 5 entire site. I'm not sure if this is vacant ground or 6 parking for Teledyne Water Pik. 7 You have then several commercial industrial uses-- 8 directly to the north as a -- a self -storage facility 9 currently and then several other types of uses. 10 This is the site that they are proposing to 11 develop into a future self -storage facility 12 (indicating). But this will be unique in the sense that 13 you'll have access off of Riverside Avenue, which is here 14 at the bottom of the slide. This is the single point of 15 access into the site. 16 And what the applicant is proposing is to 17 construct two buildings at the front of the site 18 (indicating), and both of these would be a combination of 19 offices, commercial storefronts along the west side facing 20 Riverside Avenue, and then storage units in the back of 21 these buildings. And then these buildings to the east, 22 the larger buildings, along the railroad track, would be 23 all inside self storage. 24 What's being requested of the Board this evening 25 is there's two modifications. One is, along Riverside 7 1 Avenue being an arterial street in the I, Industrial, 2 Zoning District, there is a requirement that there be a 3 30-foot landscaped setback from the street right-of-way. 4 And in this particular situation -- I guess, on 5 this plan, it's a little hard to see where that 6 right-of-way would be. But I believe it would be right in 7 this location (indicating). 30 feet from -- or the 8 landscaped yard must be 30 feet from this right-of-way 9 back before you encounter any parking or building. The -- 10 that's the one standard that they're requesting a 11 modification for. . 12 The other standard is, there's a requirement in 13 the -- or I, Industrial, Zoning District that a minimum of 14 30 percent of the building storefronts along this street 15 frontage (indicating) be adjacent to abutting that street 16 right-of-way. 17 And in this particular situation, what they're 18 requesting -- because, again, they're wanting to do a 19 dual -use, be a commercial storefront offices and then 20 storage behind so that they would have customers using the 21 storage, but also meet with their clients in these actual 22 offices along the front of the site. 23 They want to maintain accessability to the 24 storefronts, via, the seven parking spaces. And that's 25 what you see here (indicating). I think there's six e 1 spaces here and seven over in this location that would 2 access the storefronts. Because at this point there would 3 be a gate back into the self -storage area. And they want 4 to separate those two uses, the self -storage units from 5 the actual commercial office storefronts and provide this 6 parking in these locations. 7 What they will do to create a plan that would 8 conceivably be equal to or better than the requirement of 9 the code that there be a 30-foot landscaped yard from the 10 right-of-way back before you have any buildings or parking 11 is provide substantial landscaping. 12 This is pretty much uninterrupted landscaping 13 along the frontage of both these parking areas with a 14 30-inch high berming for starters. And you've got 15 landscaping on top of that. It would be rather dense, 16 significant, substantially screening the parking 17 areas. And then they would have somewhat a typical type 18 of building storefronts in this location (indicating). 19 These being commercial office buildings rather than truly 20 the self -storage building. 21 So with that, I think I would like to end the 22 presentation, entertain any questions, or if you have 23 anything after the applicant has made their presentation. 24 MR. GAVALDON: Any questions? 25 MS. CRAIG: I have one question, Steve. When • 9 1 staff was looking at this, why -- why couldn't the parking 2 be in front of their store? Why does -- or their offices? 3 why does the parking have to face west and be in this 4 30-foot setback zone? 5 MR. OLT: Well, if I understand you correctly, 6 Sally, what we're saying is, the parking could be right in 7 front of the units here (indicating). 8 MS. CRAIG: Yes. And their cars would be facing 9 west or north. 10 MR. OLT: Well, that would be east. 11 MS. CRAIG: Or north. . 12 MR. OLT: They would be facing east. You still 13 have the driveway and parking. What you've done -- you 14 would be just be flip-flopping the driveway and the 15 parking. 16 MS. CRAIG: Yeah. You would be parking in front 17 of the offices like you see almost in every situation. 18 MR. OLT: You'll have to ask the applicant. I 19 really -- again, that's a tradeoff. I'm not sure that one 20 solution is better than the other in this particular 21 situation. 22 MS. CRAIG: Well, it would have made them not 23 have to come with the modification. Because the 24 modification -- 25 MR. OLT: No. 10 1 MS. CRAIG: -- the 30 feet are at the edge of 2 the parking that they've headed west. 3 MR. OLT: You've got the asphalt, via the 4 driveway or the parking that's got to be in that zone. If 5 you fl_p-flop -- you've got to have the driveway to get 6 the parking in there. You've got one point of access off 7 of Riverside Avenue right here (indicating). So you're 8 either going -o have the parking spaces or the driveway 9 area in that zone. 10 MS. CRAIG: So you're saying to park in front of 11 the offices you would still need that much asphalt? 12 MR. OLT: Yeah, because all you would be doing is 13 flipping the driveway area and the parking area. You have 14 to be able to come in off of this driveway and have a 15 driveway to get you to these parking spaces in front of 16 the building. So you -- you wouldn't take away any 17 parking. You just would be -- 18 MS. CRAIG: You wouldn't take away any asphalt. 19 MR. OLT: Or you wouldn't take away any asphalt. 20 You would just flip the parking and driveway. 21 MS. CRAIG: Okay. Another question for staff is 22 that I noticed on this one that there are no street 23 trees. Why are you not requiring street trees on this 24 project? 25 MR. OLT: Again, we are not at the project 11 • 1 development plan. What we're looking at is a modification 2 for those two standards. One being the 30-foot landscaped 3 yard, the other being the 30 percent of the building 4 abutting the right-of-way. At such time that we get the 5 project development plan, then they will have to meet that 6 criteria in the code. We're not reviewing project 7 development plan. We're reviewing request for two 8 standards. 9 So what they're showing us, what they're 10 demonstrating to you that they can certainly provide a 11 development plan that would be equal to or better than a 12 plan that would meet the requirement by substantially 13 increasing the amount of landscaping in this area. 14 But when they come in with a formal development 15 plan, then they will be required to meet their street tree 16 requirements, as per code. But they're -- that's not part 17 of the modification request. That's outside of -- 18 MS. CRAIG: Okay. 19 MR. OLT: -- the need for these modifications. 20 MS. CRAIG: So what I'm seeing tonight is not 21 what's going to be reviewed or -- 22 MR. OTT: Absolutely not. That's • 23 correct. Again, this is -- 24 MS. CRAIG: That's why I'm talking to staff. 25 Another thing is in here it talks about -- let's c 12 1 see. Where is it? Here we are. The developer has agreed 2 to dedicate a 17.5 strip along Riverside Avenue. Now 3 isn't that required? 4 MR. OLT: Yes. The City has -- the City 5 engineering -- 6 MS. CRAIG: So for us to say he has agreed, what 7 would happen if he disagreed? 8 MR. OLT: Well, he didn't disagreed. The City 9 said -- 10 MS. CRAIG: He could disagree. Isn't legally he 11 has to give 17 foot -- 12 MR. OLT: The City said we need an additional 17 13 and a half foot of right-of-way for future improvements to 14 Riverside Avenue to bring it to a four -lane arterial 15 street. That's correct. And they -- 16 MS. CRAIG: Legally they have to give us 17 and a 17 half feet. 18 MR. OLT: They did it. 19 MS. CRAIG: Okay. That's the point. Legally 20 they have to. So that is not a concession, that's 21 requirement. 22 MR. OLT: I don't think it's ever been considered 23 to be a concession. We said we need that additional 24 right-of-way, and they said they can do that. But what 25 they're requesting is modification outside of that. 13 1 MS. CRAIG: That's all for now. 2 MR. GAVALDON: Thank you. Do we want to go ahead 3 and hear from the applicant? Good evening. 4 MR. GUSTAFSON: Good evening. My name is Bob 5 Gustafson with Wickham Gustafson Architects. And we're 6 here representing the owner for the development that you 7 see before you tonight, the request for the modifications- 8 I think Steve did a very good job of kind of 9 explaining where we're coming from, but I want to give a 10 little bit of a background in the history as to what our 11 intentions are with this type of a development. 12 Earlier this year the developer came to us 13 looking at the possibility of doing a storage facility 14 unlike any others here in Northern Colorado. It was -- it 15 was a facility that was designed specifically for large 16 vehicles, motor homes, people with boats, that they would 17 each have their own space which they could use to house 18 these. 19 We're looking at motor homes that can be upwards 20 to $1 million that could go into spaces like this. You 21 just don't take a vehicle like that and leave it in a 22 field somewhere. There's going to be vandalism, . 23 deterioration of the vehicle itself. 24 People have a lot of money invested in these. 25 And there's very much of a need throughout the country, in I fact, for a facility that allows storage of large 2 vehicles, motor homes, boats, trailers, vintage cars. we 3 even have people that have shown interest, they have 4 historic vehicles, fire trucks, other vehicles that they 5 need a place that's secure. 6 The inside of each unit is finished. Given a 7 complete room -- complete space that is just theirs. It'.s 8 not your typical steel shed that they've made into a 9 storage space. These are a specially made, highly secure 10 units. 11 After we looked at that, we also did some 12 research with other professionals in the marketplace, 13 Northern Colorado, and discovered there's also a need for 14 what we term, "professional warehouse space." A place 15 where you may have a contractor, builder, plumber that has 16 a need for -- they may be working out of their office. 17 There's actually several in the storage space to the north 18 (indicating) where they actually open up the garage door 19 and that's their office and warehouse. There's several -- 20 several of those. 21 There's a big need of a location where they can 22 have warehouse space in the back for tools, materials, 23 supplies, parking of the trucks at night while they're not 24 on the job and then a space in front where they can work 25 with clients, do their bookkeeping. 15 1 In some instances, if they're a tile installer, 2 that somebody could come in and look at different samples 3 of tile. So that's where we came up with -- in the front 4 here, more of a commercial -type of appearance. Not 5 retail. These aren't retail facility. It's a 6 commercial -- more of -- commercial appearing, but more of 7 an office, warehouse -type of situation. 8 One of the things we also saw was very important 9 was, with this type of a facility, is that there's public 10 access, unrestricted public access to the office 11 commercial front, but highly secured restricted storage to 12 the back here where there is warehouse and storage space. 13 Now everybody has seen in the paper -- over the 14 last several months the number of vandalism and thefts 15 that have been occurring in storage spaces in the Fort 16 Collins area. This is a facility that is designed to 17 prevent that or to at least as much possible to reduce 18 that. 19 One of the things we were also looking at was a 20 centralized location. Some place near the heart of Fort 21 Collins so we didn't have a contractor working at the 22 north end of town that had to drive all the way to . 23 Loveland or all the way -- hopefully cut down on the 24 vehicle miles traveled that these guys are having to 25 do. So we found a spot here on Riverside. IV 1 There is a facility similar to this that is out 2 on East Mulberry at Summit View. Very similar to 3 this. Recently has been completed. Again, that's not 4 centrally located. It's kind of out of the way for a lot 5 of people. 6 And again, as I said, this is not just a storage 7 facility. Even though it's called Maxi -Stuff Storage, 8 it's not just storage. We're going to look at it kind of 9 as a mixed -use of different people, different 10 professionals, things like that. 11 We wanted to have something that had an 12 identifiable image. So if the contractor will say, "I'll 13 meet you at my shop here," people would recognize it and 14 it doesn't look like just another industrial building out 15 here on Riverside. So we're going to try to make it 16 visually attractive. 17 But then by taking the office warehouse, we're 18 able to create a buffer between the public roadway and the 19 more industrial appearing storage spaces in the back. As 20 you can see, as you're driving down Riverside right here 21 (indicating), your visibility to the back is fairly well 22 screened by the old Public Service building and then these 23 buildings here. So there's really not a lot of visibility 24 to this back areas. 25 These front buildings, effectively all you have 17 • 1 is a small corridor here where you can actually see. And 2 all you're going to see is more open space. You're not 3 going to see a building. 4 Steve, could you go to the next -- next slides? 5 In your package, there are actually three site 6 plans. You can go one more. Go to the site plans. 7 MR. OLT: I don't think I have that? 8 MR. GUSTAFSON: In your package you'll see that 9 there's actually two compliant site plans and then the 10 site plan that we have in front of you with the two 11 modifications. In those -- in the compliant site plans, 12 one of them we actually took the buildings and turned them 13 90 degrees and slid them to the 30-foot setback. What 14 happens then is the front of the building becomes 15 extremely visible to Riverside. And those have a -- 16 because of the nature of them, are going to have more of 17 an industrial appearance to them. So we lose that is up -scale commercial appearance that we were trying to 19 obtain. 20 One of the other ones also is where we moved -- 21 we actually took the buildings and flipped them and tried 22 to put the parking in the back. Again, what happens 23 there, we end up with a severe conflict between the large 24 vehicles that are going to be getting into that back area 25 into the warehouse portion of the buildings, and then m 1 parking. We also lose the unrestricted access to the 2 public, and it destroys the security of the facility 3 because no longer do we have those security gates that 4 keep the public from getting back into the secured storage 5 area. 6 In the alterative plan, we feel that it's -- it's 7 better because number one -- Steve, can you go back to 8 that plan, please? 9 You know, the parking here in front is easily 10 accessible from the public (indicating). All you have to 11 do is pull in. To answer Ms. Craig's question as to why 12 the parking is not in front of the building, if you have 13 somebody with a motor home, a 40-foot motor home pulling 14 in here, they're able to stop right here if somebody is 15 driving out. 16 If the drives were actually down here 17 (indicating), there is a much greater -- potential for 18 conflict because people are coming in and out. There's 19 also -- to operate these gates, there's a -- going to be a 20 control panel right here that would be used. So if 21 somebody drives in, they could operate these gates through 22 some type of a key system, and so they can drive 23 through. 24 Whereas if that drive was there, either the motor 25 home or the vehicle that would be parked, would be 19 1 sticking in Riverside or they would be blocking internal 2 traffic. 3 With this plan, like I said, it screens the more 4 intense industrial storage uses to the back but also has a 5 commercial appearance to it. The building itself will be 6 faced with split -face block, brick, stucco, something that 7 you don't see along Riverside. Right now the Public - 8 Service Company is just an old -block building. These are 9 just metal buildings (indicating). 10 Up here (indicating) you have the styrofoam 11 injection plant, which is all steel buildings and then 12 parking right up close to it. So you really don't have -- 13 what we're trying to create is an architectural image out 14 there that may help to define Riverside corridor at some 15 point. 16 And then one of the other things we also did, 17 with the dedication of the 17 and a half feet actually 18 takes the property line right up to here (indicating). At 19 that point we start with a 12-foot landscaped setback 20 which has a 30-inch high berm plus another -- anywhere 21 from 10 to 30-inch plant material on top of that. So 22 there are plants where you can be 5 feet of screening • 23 between the street and the parking in that area. So in a 24 sense, from the edge of the street to the parking is 25 almost 40 feet of actual landscaped area right now. 20 1 If Riverside ever develops, they would actually 2 develop it as a modified arterial where there would be a 3 6-foot sidewalk from the property line out and then an 4 8-foot parkway and then the curb and gutter. 5 The reason why at this point we don't have any 6 street trees, is we put the street trees on the property. 7 Because if they ever come through and widened Riverside, - 8 if we plant something now, 10 years they widened 9 Riverside, we have to tear it all out. So it's our 10 intention that all of our street trees, all of our 11 landscaping will be contained within the 12-foot area 12 behind the new right-of-way line. 13 To give you an idea of -- in this area 14 (indicating), we could do an additional plan that wasn't 15 really shown to you, but that would conform to the land 16 use code, essentially taking -- removing these two 17 buildings, taking these two buildings and stretching them 18 out to the 30-foot setback would actually -- right now we 19 have 45 combination storage units, office/warehouse. We 20 could have a total of 62 just storage units. So we are 21 actually -- voluntarily by putting the office/warehouse 22 here, reducing the number of storage facilities we have by 23 38 percent. And any more reduction of that creates a -- a 24 feasibility to make this project work by reducing any more 25 of that. So we have voluntarily reduced the number of 21 • 1 units by 38 percent. 2 One of the other issues that we tried to wrestle 3 with, is in Division 3.7 of the Land Use Code talks about 4 in -fill development. In trying to spur and encourage 5 in -fill development and reinvestment in built up areas of 6 the City, obviously Riverside was developed in the 7 170s. There's still a few parcels along Riverside that - 8 are undeveloped. Most of them have either a metal 9 building on it like this (indicating) with very little 10 landscaping or a situation like this where the parking is 11 maybe at the most 10 feet. Number of places where the 12 parking is right on the sidewalk with no landscaping at 13 all. 14 Obviously, this type of landscaping, already 15 creates a situation where we are doing better than what's 16 there now. And even if development -- redevelopment does 17 occur out here, most of it is going to be more of a 18 facelift, remodel. You're going to have -- most people 19 there probably won't come in, raze a building, and try to 20 rebuild. 21 In conclusion, what -- like I said, what we're 22 trying to obtain here is to create an upscale storage is23 professional looking facility that would be a desirable 24 addition and start to create an identifiable image for 25 Riverside. Try to do a little bit of a facelift but go 22 1 beyond what would -- is actually required by Land Use Code 2 and take it a step further with mixed -uses and with more 3 natural materials. Increase landscaping out there along 4 Riverside. Landscape buffer and things like that to 5 create a nicer appearing facility. 6 If the Board has any questions, I would certainly 7 entertain them at this time. -- 8 MR. GAVALDON: Thank you very much. Steve, did 9 you get that suggestion that he said that would fall under 10 the Land Use Code, being, removing some units? 11 MR. OLT: I don't understand the question, Mr. 12 Gavaldon. 13 MR. GAVALDON: Did you -- were you able to jot 14 down this information on if two units or, I believe what 15 you said, were removed, it will fall within the land use 16 code. It was towards the end of your presentation. 17 MR. GUSTAFSON: What it was, is if we were to 18 remove these two buildings out front that are the 19 office/warehouse (indicating), take these two buildings 20 and essentially just extend those down to the 30-foot 21 setback line which would be allowed, we can bring the 22 buildings to the 30-foot setback line. We would actually 23 end up with 62 storage spaces. But we would not have the 24 commercial appearance of these two buildings and the 25 screening that these two buildings are providing to the 23 1 warehouse storage areas. 2 MR. GAV_7,LDON: I just want to capture what you 3 were suggesting. So us board members -- 4 MR. GUSTAFSON: Did that explain it? 5 MR. GAVALDON: Yes. Thanks. I just wanted to 6 make sure we captured that. Okay. Thank you very 7 much. Are there any Board -- we'll bring it back -- 8 before we do that, is there anyone else that would like to 9 speak to this proposal. Just want to give everyone a 10 chance. Fine, we'll bring it back to the Board. 11 MS. CRAIG: I'll start off. Especially since . 12 Jerry brought that up, having read this development 13 standard 4.23(e), that they're asking for a modification 14 on, I guess I don't understand how they could do what he 15 just suggested and still meet this criteria, and, that is, 16 push the two storage units up to the landscaped setback. 17 MR. OLT: well, that's exactly what they would 18 do. If they were to eliminate the two buildings that 19 they're showing on this plan that you're looking at, the 20 alterative plan., the essentially combined commercial 21 office/warehouse buildings, eliminate those and bring the 22 self -storage buildings that you see then behind them up to • 23 just the building setback line and have nothing but a 24 driveway entry into the site at that locked gate, that 25 secured gate you go in, it would meet then the intent of PrV 1 the code, yes. 2 But what they're saying then, that it would 3 sacrifice the office/warehouse portion of the 4 development. The mixed -use, so to speak, portion of the 5 development. It would become one-dimensional. It would 6 become nothing but self -storage units. 7 MS. CRAIG: Now how does it meet the criteria - 8 where it says, "The building shall be sited so that a 9 building face abuts upon the required minimum landscaped 10 yard for at least 30 percent of the building frontage?" 11 MR. OLT: Well, I don't see the plan. What would 12 happen is that the sides of the buildings would come up -- 13 the sides of the buildings you see back there, the 14 self -storage units would come up to that street 15 right-of-way line. And as long as you had 30 percent of 16 the building frontage of the entire width of the site, 17 then it would meet the criteria. 18 MS. CRAIG: I understand now. Thanks. 19 MR. GAVALDON: Any other Board questions? 20 MR. BERNTH: I had a question for Bob, a few 21 questions, actually. Bob, I've noticed that these units 22 are 15 by 40s, 15 by 50s, and 15 by 60s. Those are the 23 ones I would assume that would hold the, like, RV 24 vehicles? 25 MR. GUSTAFSON: That's correct. These -- these 25 1 units -- actually either one of these buildings back here 2 (indicating) would be used for housing of the large 3 vehicles, whether it be an RV or boats, campers, whatever. 4 MR. BERNTH: How long are these? I mean, I don't 5 own an RV so I have no clue. 6 MR. GUSTAFSON: Well, an RV can be anywhere from 7 about 20 feet up to some of them are 42 feet. Some are - 8 even built on bus chassis. So you can't have -- that's 9 why we've -- with these buildings (indicating), we have 10 the ability to actually move the interior walls to make 11 them longer or shorter as the need be. 12 MR. BERNTH: Where I'm going with that, Bob, is 13 that in the future of the 17.6 feet we're taking away as a 14 right-of-way, essentially to the front entry gate -- and 15 tell me if I'm wrong here -- would be 30 feet plus the 24 16 feet and then you're at the entry gate? 17 MR. GUSTAFSON: Right. 18 MR. BERNTH: So you really only have 54 feet. So 19 you're like pulling them off the street and your back end 20 is almost hanging off the street? 21 MR. GUSTAFSON: You would actually have -- the 22 actual edge of the street is not too far east of where it 23 would be here (indicating). With the 17 and a half feet, 24 you have a 6-foot sidewalk, an 8-foot parkway that would 25 be in there. So you'd have 14 feet plus the 17 and a half NEA 1 feet plus the 12 feet. Plus then the 24-foot area. So 2 there is -- even with the widening of Riverside, there's 3 more than enough room to get -- 4 MR. BERNTH: 71 feet basically. 5 MR. GUSTAFSON: To get that vehicle completely 6 off of Riverside. That was one of the comments that was 7 essentially from traffic, wherever that control panel is,__ 8 needs to be in a place so that that vehicle can get off of 9 Riverside. 10 MR. BERNTH: My second question is, on page 10 of 11 the staff report, the last two sentences on the bottom, it 12 said that other could comply if the facility layout would 13 be moved back from the site further than from the edge of 14 Riverside Avenue with the potential loss for the proposed 15 45 storage units. This would constitute a 9 percent loss. 16 If I'm looking at here the first plan, the first 17 one, first page, whatever, and you can probably pick up 15 18 more feet if you eliminated two of the front spaces and 19 then one at the front at the bottom because obviously 20 they're 15 feet wide, that would give you a 27-foot 21 setback which, obviously, you don't necessarily exactly 22 adhere to the 30-foot. But my question is -- that would 23 only be a loss of three. Where did the four come up with? 24 I was kind of curious on that. 25 MR. GUSTAFSON: Well, actually there's -- there's 27 0 1 two here and one here (indicating). So there would really 2 be three units. But what we're saying is, right -- if we 3 were to just take these buildings and extend them out and 4 create them to conform with the Land Use Code, we could 5 have 62 units. And we've already given up 38 percent of 6 what we could have by putting these buildings in the 7 front. - 8 MR. BERNTH: So the question I'm asking is, to 9 adhere to this and to really keep the idea of the 10 buildings the way they look and what you're trying to do, 11 it would be the developer's standpoint that he could not . 12 give up an additional three at this point? 13 MR. GUSTAFSON: That's right. It would make it 14 really unfeasible. The other thing that happens, right 15 now (indicating) you can see there's an existing storage 16 unit. There has been some preliminary discussion about 17 maybe some time in the future combining these two and 18 making it into one type of a facility. This would allow 19 us to have a connecting drive right here. So we could 20 have a shared access. By moving everything back 30 feet 21 would eliminate that possibility. 22 MR. BERNTH: That was my last question. Thank 23 you. 24 MS. CRAIG: Steve, this is another one for you. 25 Trying to understand when the street is improved to what W- 1 we hoped it will be improved to, where would the east edge 2 of the sidewalk be? Would it be right against their 3 parking lot? Would it take out their landscaping? Would 4 it be just before their landscaping? 5 MR. OLT: Let me -- I have a drawing up there, 6 and it's going to be hard for you to see. What I'm going 7 to do is close -- close across the screen to get the -. 8 drawing a little closer to you in the light and try to 9 describe it to you. And if you want me to bring it up, I 10 will. If you can hang on just a second. 11 MS. CRAIG: Okay. 12 MR. BLANCHARD: While Steve's doing that, 13 remember that in the -- I don't know any of you have ever 14 seen the street design criteria, remember when we're 15 talking about right-of-way that that includes the walk. 16 So within the -- within the boundaries of the right-of-way 17 which that additional 17 feet of dedication would be, that 18 the sidewalk will be contained in that area. 19 MS. CRAIG: I understand that. What it does, 20 though, is the edge of the sidewalk ends up against the 21 parking lot. 22 MR. BLANCHARD- Okay. I just wanted to make sure 23 it was clear that the sidewalk was not going to be outside 24 of the right-of-way. 25 MS. CRAIG: No. I understand. 29 1 MR. GUSTAFSON: Actually, Steve, if I could 2 clarify that a little bit. The actual 12 foot between the 3 parking and the property line will be maintained whenever 4 they do widen Riverside. 5 That 12 feet is from the -- from the dedicated -- 6 17 and a half foot dedicated, there's an additional 12 7 feet to the edge of the parking spaces. So any 8 improvements that they do to Riverside, that landscaping 9 will remain. Unlike the site at 1450 Riverside, where 10 they had -- where they widened Riverside, they ended up 11 with at one point a 1-foot landscaped setback to a 9-foot . 12 landscaped setback. 13 MS. CRAIG: Okay. I do appreciate. Thank you 14 very much. That was helpful, but I still want Steve to 15 continue. 16 MR. OLT: Yeah. If I can elaborate on Mr. 17 Gustafson's comments. And I know this is difficult to 18 see. Again, if you want me to bring it closer, I will. 19 The yellow block that you see here 20 (indicating) -- and this is future conditions. This is 21 existing conditions. If you were to approve the 22 modification, they were to develop this as they want, this . 23 is the existing edge of Riverside Avenue now. So there 24 would be the parking, the building, this would all be 25 landscaping. 30 1 Future conditions, if we improve this to a 2 four -lane arterial as it's proposed with that 17 and a 3 half foot of additional right-of-way, there would be the 4 edge of parking (indicating) that they're proposing today 5 or tomorrow, the 12-foot landscaped strip would be 6 maintained. The sidewalk in that new four -lane arterial 7 would be right along that -- inside the street — s right-of-way but along that edge. So there's your 6-foot 9 sidewalk and then the 10-foot parkway that's required and 10 then th`_s be the edge of street. 11 So again, as Mr. Gustafson said, that 12-foot 12 landscape strip would be maintained in the form that they 13 want to do. Your sidewalk then would be right against 14 that 12-foot edge of the landscaping and then the parkway 15 and then the street. 16 MS. CRAIG: That was very helpful. Thank you 17 very much, Steve. is MR. BERNTH: Steve, do you have a -- we have a 19 cross section that shows the right-of-way today and in the 20 future. Do you have one of those on screen by any chance? 21 MR. OLT: No, I don't. I'm sorry. 22 MR. GAVALDON: Any other Board questions? I have 23 a couple, if Mr. Gustafson can come up. 24 MR. GUSTAFSON: Yes, sir. 25 MR. GAVALDON: I'm concerned about the 31 • 1 modification from the 30-foot setback. And Dan gave me a 2 real good sense of this by his past question. And is 3 there cpportunity to go 27 versus the reduction you want 4 and lose three spaces? Is that a real -- is that a real 5 showstcpper in this project? 6 MR. GUSTAFSON: It is. Because of the nature of 7 the project, if we lose those spaces, I can tell you the _. 8 project is more than likely dead. 9 MR. GAVALDON: Because it seems -- just in my 10 observation, the modification and what you're trying to do 11 and taking down the modification -- taking the . 12 modification to reduce the 30 feet, it seems like you're 13 putting a lot of intensity into it. Into what you're 14 looking to do with the parking, with the commercial 15 building, the storage units. And looking at the -- these 16 mobile homes that I know them very well, I don't own one, 17 but I've been in them. I see some traffic issues. is And the security seems to ride this whole 19 development. I think there's something else that could be 20 done to not compromise it but accommodate. And I feel 21 that the three spaces is -- will make a better project 22 overall. I just have a hard time -- hard time • 23 understanding three will be a showstopper. 24 MR. GUSTAFSON: Let me tell you what would happen 25 if we lost those three spaces and had to move these 32 buildings back to, say, 27 feet. More than likely gone 2 ahead and turn this all into storage spaces. So you would 3 not have the commercial appearance of these and the y screening that these buildings provide to the storage 5 spaces in the back. Simply because of the number of units 5 that -- to make this economically feasible that we have to 7 have to make it work financially, if these move back, we_.. 8 lost these spaces, more than likely what would happen is 9 we would eliminate this and turn this into storage, pull 10 these buildings closer and give it much more of a 11 industrial appearance and lose that commercial appearance. 12 MR. GAVALDON: I understand. But I don't see as 13 that as -- you know, a good approach to things because the 14 intent of the land use was to, you know -- with Riverside 15 and its potential in the future being a major arterial -- major street of our City, I feel that there's a lot of 17 things we can do on this. 18 And I hate to -- you know, I'm not saying that 19 this is going to be a showstopper, but I'd like to see 20 some more opportunities to balance this out and come out 21 with a win/win on this. 22 MR. GUSTAFSON: And we really have looked at how 23 do we manage this. And we don't want -- we really don't 24 want this to be another steel building out here on 25 Riverside with an industrial appearance. That's not our 33 • 1 intent for this development. 2 I'm just saying that by you putting these 3 buildings here (indicating) with a commercial storefront 4 appearance to them acting as a buffer between these uses 5 and then these uses back here which are more of an 6 industrial appearance with the overhead doors that would 7 be on either side here, this acts as a good buffer. 8 Otherwise, if we turn these buildings 90 degrees to 9 maintain that 30-foot setback, you'd have much more 10 visibility of those overhead doors and the industrial 11 appearance that those give from Riverside. a 12 MR. GAVALDON: Another question, it was about the 13 parking there. If there was opportunity to adjust the 14 security, like I was talking earlier, and pushing it -- is I'm not trying to design your project. I'm just giving 16 you ideas, sharing some opportunities. 17 If there was a revisiting of the security 18 approach to it and the parking be more in the security 19 area or less secured with the staging security, it seems 20 like -- and keeping it commercial as you want and more to 21 pedestrian friendly, is there opportunity to look at that? 22 MR. GUSTAFSON: Well, the parking that's out here • 23 (indicating) is for people that are going to meet maybe a 24 plumber or a tile person. Or coming in here that they 25 need -- they just need access to the front of the 34 1 building. They're not actually getting into the back. 2 Take this parking (indicating), this parking is 3 more for the public and not for the people that are 4 tenants in this space, per se. And if you try to take 5 this parking and move it around back, creates conflict of 6 the security and the public access. And also you have 7 trucks that are moving in and out, turning back here, and__ 8 then you have parking in the way. Much greater conflict 9 of accidents to occur between a truck and a car. 10 MR. GAVALDON: I understand. Thank you. 11 MR. BERNTH: Bob, I had another question. I'm on 12 economics now, so 13 MR. GUSTAFSON: Okay. 14 MR. BERNTH: Purely from the standpoint -- and 15 again, we don't want you to build metal buildings 16 here. That's not the point here. We're trying to find 17 some compromised situation. At least I am. I can't speak 18 for the rest of the Board, obviously. 19 MR. GUSTAFSON: And we don't want to do the same 20 thing. 21 MR. BERNTH: Okay. So the question is, is 22 purely -- I'm going to assume that most of these units are 23 leased by -- per unit, not by square foot or whatever. So 24 where they're 49-feet -- excuse me -- 49-feet wide or 25 50-feet wide, it's probably fairly immaterial. And we're 35 • 1 just asking -- I guess, I'm asking is, if these units 2 become 15 feet by 39 feet instead of 15 feet by 40 feet, 3 you essentially end up with the same number of units. One 4 foot less. Does that kill you? 5 MR. GUSTAFSON: Again, the units are arranged 6 north/south and not this direction here (indicating). So 7 you have an overhead door roughly every 14 feet down this 8 side, this side, and this side. So you access from this 9 point. 10 And so we need to maintain that 14-foot width of 11 the spaces. The length is somewhat immaterial. We can • 12 adjust that to the requirements of the tenant. But that 13 width -- that 14-foot width, and that's what gets us from 14 the length of this building from the east side to the west 15 side is based on a 14-foot bay length. It's really the 16 minimum that we have to maintain for someone to pull a 17 vehicle in there and still be able to access around it for 18 any -- if they have to change a tire or do any detailing 19 or maintenance on the vehicles, and to also have room that 20 they can maneuver around those vehicles. 21 MR. BERNTH: So we're basically off again. Just 22 doing the numbers, if we lose 3 units, we're off 6.6 . 23 percent. Again, I know that's an economic issue. And I 24 see what you're saying about the width versus the 25 length. 36 1 Again, I'm just asking if there's any compromised 2 situation where you'd build the same project but be 3 willing to, you know -- again, try to accommodate in any 4 way from a design standpoint more than a 12-foot setback. 5 Between 12 and 30, I guess. 6 MR. GUSTAFSON: One of the things we possibly 7 could do is move these buildings a couple of feet back — 8 (indicating). But as you can see where these buildings 9 are placed, and this is an actual aerial photograph, the 10 further we push that behind, the further behind these 11 buildings that becomes less visibility people traveling 12 down Riverside have of that facility. Which puts us at a 13 disadvantage as trying to market the property. If it's 14 sitting back 50 feet off of the street, people that were 15 going to pay to be tenants in these spaces, they want some 16 visibility off of an arterial street. 17 And we have looked -- it may be possible to take 18 this and maybe move it to a 15-foot setback by reducing 19 some of the space back here (indicating). 20 MR. BERNTH: Does any of the other Board members 21 have any thoughts on that just from a standpoint of, you 22 know, trying to go after a compromised situation? I'd be 23 interested in hearing that. 24 MS. CRAIG: To be honest with you, Dan, that 3 25 feet really doesn't concern me because of the sidewalk. 37 1 People walking on the sidewalk, they're going to be 2 looking at the landscaping anyway. And having gone up and 3 down that street a zillion times in hopes that it's going 4 to be something that it's probably never going to be, I 5 think that what this applicant is proposing is not a bad 6 addition to that area. 7 So the 3 feet, for him to go through that, to go- 8 from 12 feet to 15 feet in this one, I don't see what 9 we're gaining from it. If it meant that the parking lot 10 was on the edge of the sidewalk, then that 3 feet would 11 become very important to me. But when the edge of the 12 sidewalk has got another 12 feet of landscaping, then I 13 feel comfortable with it. And that's what I understood. 14 Is it, that the landscaping will be there? Is that right? 15 Okay. 16 MR. BLANCHARD: That's correct. For perpetuity. 17 MR. GAVALDON: Mikal, do you have anything? 18 MR. TORGERSON: Yeah. I'll just share my 19 thoughts. One of my -- I guess one of my concerns is that 20 the applicant is mentioning that they want to keep these 21 building facades as close to Riverside as they can in 22 order to compete. But under the code, if everybody were • 23 meeting the code, they would be a uniformed distance back 24 and we'd keep some of the uniformity in the landscaping 25 and the parking lots. [cI=] 1 And then in theory if this were to develop out 2 without modifications, access between parking lots 3 wouldn't be as much of an issue as trying to tie into 4 existing buildings that were there. 5 So that to me doesn't strike me as much of a 6 hardship because I think everbody's going to be under the 7 same set of rules there. 8 MS. CARPENTER: I am having a hard time believing 9 that three spaces here is a showstopper or that it 10 couldn't economically work and that we can't come up with 11 any kind of a compromise. 12 I do think we need to be looking at this street 13 as changing. And if we continue to grant a modification 14 for -- for encroaching into that, we're not ever going to 15 get there. And it really concerns me to be -- you know, 16 we keep -- we keep doing this. And it really does bother 17 me that we're -- we're there. And this one just seems to 18 me there's got to be a way to compromise this and make it 19 work so that we're at least a lot closer to the 30 feet. 20 I don't know that 3 feet helps me much to go from 21 12 to 15 feet. I think we can actually get closer than 22 that. So I'm not inclined to vote for it or approve it. 23 MR. GAVALDON: Does anyone have any questions for 24 Mr. Gustafson? We're at the discussion stage. If we have 25 any questions, we can certainly ask him. Does anyone have 39 • 1 any questions? 2 MR. TORGERSON: Yeah. I'd like to know what he's 3 thinking. 4 MR. GUSTAFSON: Well, I'd like to address your 5 comment, Ms. Carpenter. We could make this development 6 comply. Like I said, we could bring these buildings right 7 out here, right to the 30-foot and make it look like an 8 industrial building. We do not want to do that. That is 9 not our intention. 10 Our intention is by putting a more up -scale 11 facility that is not out there on Riverside until you get 12 clear down by the hospital, to buffer from the public 13 right-of-way these more industrial appearing buildings. 14 We could put a building that looks very similar 15 to this on there (indicating), but we don't want to do 16 that. So we have come in with this plan saying with 17 strict letter of the Land Use Code, we could do this, 18 essentially. We don't want to do that. 19 So by some modifications, we could address up 20 this front here (indicating), make it more of a commercial 21 appearance and create that as a buffer from here to the 22 more industrial appearing buildings in the back. That • 23 is -- that is our intention of asking for the 24 modification. 25 We could develop this property in compliance with all 1 the Land Use Code. It's not something that I think we 2 would really be proud of as an addition out here on 3 Riverside. So it would just propagate the industrial 4 appearance of Riverside. 5 MS. CARPENTER: I do understand that. But when 6 we're looking at the street as a whole and eventually what 7 we want to have happen is to have that be widened and have 8 it be the arterial width that it needs to be, and then to 9 have the buildings comply. It's not going to be pretty 10 enough to be sticking out that much further than the rest 11 of the buildings. You know, we need to try to start 12 getting to that. So I think that I would like to see some 13 kind of compromise that does both, to -- I . . . 14 MR. GUSTAFSON: Okay. And the other thing is, as 15 you go west here (indicating), these buildings are even 16 closer to the street. In most instances reality is that 17 these buildings are not going to get torn down and 18 rebuilt. They're going to get remodeled. The structure 19 is fine. They don't look very good, but they could dress 20 them up. But you've got parking 10 feet off the street. 21 And this is an in -fill project. There's a lot 22 here (indicating). There's a couple other lots up the 23 street. Those are really the only vacant pieces of 24 property on Riverside. 25 So by trying to -- these properties, as they 0 41 • 1 redeveloped, they could come in for either modification or 2 variances from the DBA to dress up their facility and have 3 their parking closer than we would have our parking out 4 here on the street. 5 MR. GAVALDON: Thank you very much. I have a 6 question, if I may. Steve and Bob, if he's talking about 7 remodeling a new building, if the buildings get a new 8 facelift, do they still have to come through the process 9 and still have to meet the 30-foot if there's new 10 development going on along Riverside? 11 MR. OLT: I doubt that just a facelift would 12 require something like that. We'd have to look and see 13 what would trigger actually some sort of development 14 review that would then enable us to get into the -- the 15 articles, the pertinent articles of the Land Use Code. 16 But if they wanted to repaint, did some 17 remodeling or something like that, I don't know what in 18 the code that would bump that up to a major amendment or 19 even a change of use or something like that. No. I doubt 20 seriously, unless it's dramatic. 21 MR. GAVALDON: But if they did a change of use or 22 redevelopment, they would follow the same process, • 23 modification or whatever if they wanted to make some 24 differences. 25 MR. OLT: If whatever they do triggers their need !E 1 to comply with Articles 3 and 4, yes. Then they would be 2 subject -o the same rules that this development proposal 3 is. 4 MR. GAVALDON: Thank you. 5 MR. BLANCHARD: Now remember if it is a change of 6 use, it may be processed as a minor amendment. It does 7 not mean that they're going to have to do a modification- 8 and come into -- or come into compliance with the code to 9 test for a minor amendment, which I have been cautioning 10 you not to use on another project, is that you do not go 11 into any further noncompliance than you already are. 12 So my suspicion is that along Riverside, as long 13 as -- even if there is a change of use, as long as it's 14 not a change in character and it's proposed as a minor 15 amendment, you're not going to see anything come into any 16 closer compliance except as perhaps landscaping. 17 MR. GAVALDON: okay. Good. Thanks, Bob. 16 Jennifer? 19 MS. CARPENTER: Here we are again. I'm having a 20 problem with this. We set a policy to change the 21 character of Riverside that we are -- we are supposed to 22 implement. But yet we get told that it's never going to 23 happen and then we go through all these modifications. It 24 does not make sense to me. 25 We have a policy in front of us that we're -- 43 • 1 that the powers that be decided that was the policy. We 2 didn't decide it. We're supposed to implement it, and 3 then we get the modification. If it's never going to 4 happen, why don't we get it changed so that we're not 5 having to deal with this policy all the time? Sorry. It 6 makes me crazy. 7 MR. GAVALDON: Okay. Thanks. Mikal? - 8 MR. TORGERSON: Yeah. I had a question for Mr. 9 Gustafson. I'm looking at one of the plans that you said 10 was compliant with the -- with the LUC, 7 of 7 where you 11 brought the parking behind the building. • 12 MR. GUSTAFSON: Right. 13 MR. TORGERSON: And that obviously creates a bit 14 of the conflict with the warehouse use and perhaps a 15 conflict between the buses and the parking. But aside 16 from that, what was the major detriment from your 17 standpoint? 18 MR. GUSTAFSON: That causes a real security 19 problem by having the parking in the back which was 20 primarily for public use. There's no way to secure the 21 rest of the storage back there without having multiple 22 gates and entrances that we have to control. And it just . 23 creates a security problem back there. 24 And with the rash of thefts and vandalisms that 25 have been in the storage units in Fort Collins, and if you m 1 don't have a secured facility that has monitors and 2 everything else and fencing, it's going to continue. So 3 that's -- our concern about that is the security and also 4 the conflict that can happen. Some guy's backing his 5 truck with the trailer and runs into somebody's car, then 6 he has a liability. And that's something that they're 7 going to look at. So I don't want them to have that - 8 possibility that that's going to happen here. My 9 insurance has to pay to fix this guy's car. 10 MR. TORGERSON: Sure. But that would require 11 only two security gates versus one. It might be that 12 that's a better location to have your vehicle well off of 13 Riverside when he's punching his code in rather than 14 barely pulling off of Riverside and punching his code in. 15 MR. GUSTAFSON: It gets a little bit harder when 16 you start getting multiple entrances and multiple security 17 points. It gets harder to maintain the security of 18 those. Somebody drives through an opening, somebody may 19 be sneaking -- maybe it's at night he sneaks in and gets 20 in there and nobody sees him. Where at least with one 21 entry point we have secured -- we have security over that 22 point. The property really isn't that wide. I mean, it 23 isn't such a wide property that we need multiple 24 entrances. One entrance would give us the best security 25 possibility. 45 1 MR. TORGERSON: But it doesn't reduce your number 2 of units or create an economic hardship. 3 MR. GUSTAFSON: No. It would not, but it would 4 be a definite security concern on our part. 5 MR. TORGERSON: Okay. Thank you. 6 MR. GAVALDON: I have a couple of comments. I 7 have to agree with Jennifer on this. And I think if we _ 8 start making a lot -- this modification, and then with 9 reference on July 1st modification, but I'm going to stay 10 with this particular modification because I feel that 11 there is opportunity to compromise and to make a better . 12 plan. I happen to like the 7 to 7 plan. And I don't 13 think that's something that we can say we want the 7 to 7 14 versus the preferred plan. 15 I was wondering if the Board would be inclined to 16 support a continuance to allow the applicant to come back 17 date certain with a plan similar to 7 to 7, and a 18 justification for supporting 7 to 7 or not supporting 7 to 19 7, and why. And try to -- try to achieve some balance and 20 compromise. And even safeguard the security system. Is 21 this something that the Board would be inclined? 22 MR. TORGERSON: The one note I would make, we're . 23 not approving any plans, we're just giving him the 24 modification to the standard. 25 MR. GAVALDON: Okay. OEM 1 MR. TORGERSON: And he can go through with any of 2 the alternate plans given this modification. So we 3 couldn't really just vote on a plan. 4 MR. GAVALDON: I agree with that, but I just 5 wondered maybe continuing would allow them to come back 6 either with a modification that's better than the current 7 one. It seems like we're struggling with it. - 8 MS. CARPENTER: Let me ask a question. If we 9 denied this, could he still come back with a different 10 modification? Okay. So there's really no reason to 11 continue it. 12 MR. GAVALDON: I understand. Any other questions 13 or any Board thoughts? Are we getting close to a motion? 14 MR. BLANCHARD: Mr. Chair, before you do a 15 motion, just a quick response to Jennifer's comments about 16 her frustration. I -- you know, and I -- this isn't for 17 discussion or anything unless you care to comment back. 18 But one of the things to remember about this 19 criteria, is that it implies throughout the industrial 20 zone property throughout the City. The frustration may be 21 experienced on one segment of the industrial zoned 22 property which is Riverside Avenue. 23 But, in fact, when you express frustration with 24 the criteria, just remember -- I would ask that you 25 remember that it is a valid criteria because we've got a 47 • 1 fairly amount -- a fairly large area of vacant industrial 2 lands in the city limits. And that criteria is going to 3 have to be applied throughout that zoning district. It's 4 not an isolated criteria for Riverside Avenue. So any 5 industrial district that, you know, fronts on an arterial 6 street, they're going to have to comply with that also. 7 So it was just kind of a clarification - 8 recognizing the frustration that this Board has expressed 9 with a couple of projects that we've looked at along 10 Riverside. But do remember that it goes beyond just 11 Riverside Avenue. 12 MS. CARPENTER: I appreciate that reminder. 13 Thanks. 14 MR. GAVALDON: Thank you, Bob. 15 MR. BERNTH: I had a question for Paul. Paul, if 16 we grant this modification, does that mean that they can 17 use whatever -- excuse me -- whatever plan they want as 18 long as they get the 12-foot setback? In other words, 19 could they do, you know, just the one straight buildings 20 or do they have to adhere to this plan? 21 My only concern is granting that modification 22 then comes back with what we don't want to see. • 23 MR. ECKMAN: This is just the modification 24 without a -- without a PDP coming before you. So yes, you 25 would -- your granting of this modification is kind of Lt.] 1 absent of any particular PDP and would apply to whatever 2 plan they want to present, I believe. You don't really 3 have a plan to consider at this time so it's hard to pin 4 this to any specific plan. 5 MS. CRAIG: Dan, I guess what we need to think 6 about in this regard is -- you know, I agree with what 7 you're saying. Would you be comfortable if you knew it 8 was connected to a plan? 9 MR. BERNTH: Yes. I would be more comfortable 10 with that. 11 MS. CRAIG: Okay. Now what this applicant can do 12 then, is he can come through the system. This would be a 13 Type 2 with a modification on it. So he would be bringing 14 a -- I think I'm going in the right direction on this one. 15 He would be bringing a plan in front of us as a Type 2, 16 but we would have a plan. And then we could grant the 17 modification with the guaranty that it went with the 18 plan. 19 So I'm just letting you know that to keep in 20 mind. If this does end up getting denied tonight, he 21 still has an option which is very similar to what he did 22 tonight, but it makes us more comfortable because we have 23 a guarantee that it's attached to a plan. 24 MR. GUSTAFSON: Maybe I can shed some light on 25 that, Dan. The reason we came before you tonight without M 0 1 a plan is that we don't want to go through the full 2 engineering drawings spending 30, $40,000 to have a 3 project come in here and get shot down in flames. We 4 wanted to see if there was an acceptance of this type of a 5 plan before we go through all of that, engineering and 6 everything else. 7 If this is approved, that's what you would see. 8 If this is denied, then, to be that blunt, that's not what 9 you're going to see. 10 MR. BERNTH: Under those perimeters, you're sort 11 of in a Catch-22 -- I think the Board is in a Catch-22, is . 12 if we deny this, we're at risk at seeing a project that 13 obviously would not be as attractive as this. 14 So essentially, again, I feel like I'm in a 15 Catch-22 from the standpoint that I would like to see what 16 they're trying to do. It is an in -fill project. It will 17 be an attractive project. For that reason I would have to 18 support this modification at this time. 19 MR. GAVALDON: Are you prepared to make a motion? 20 MR. BERNTH: I would make a motion that -- 21 recommend approval of the modification of standards in 22 Section, 4.23(e)2(b) and Section 4.23(e)3(a)2, the Land Use 23 Code for Maxi -Stuff Storage, 1640 Riverside Avenue. 24 MR. GAVALDON: Is there a second? Not seeing a 25 second, the motion dies for lack of second. Maybe we want 50 1 to try another motion or more discussion? 2 MR. ECKMAN: Maybe I could interject. 3 MR. GAVALDON: Yes, Paul. 4 MR. ECKMAN: Bob and I were just talking. If you 5 were inclined to approve this modification, but you don't 6 have a plan but you kind of have a concept, I don't know 7 how comfortable you would feel in conditioning it on a 8 plan being brought -- that this modification would be 9 approved on condition that the plan that's presented be in 10 accordance with the concept you've been presented 11 tonight. 12 I know that's kind of general, but at least it's 13 got -- may have enough specificity in it to give you 14 comfort that when the plan comes in you can pin it to 15 that, that you see. That's just another possible way you 16 can go, if you want to try to motion. 17 MR. BLANCHARD: What I was thinking, Dan, is 16 listening to your comments, you've got a concern that 19 there's no guarantee that those two front buildings are 20 going to appear like they've been described. The only 21 thing we've got is the record. And if I'm interpreting 22 your concern right that you may be more comfortable with 23 the granting -- or approving a modification provided that 24 you have a nonindustrial appearance to those front two 25 buildings that you're going to see from the public way. 51 • 1 And I think that there's some language that could 2 be developed for a condition that would guarantee that. 3 That the hearing officer would then be -- have the 4 authority and also the responsibility of enforcing the 5 condition applied on the project by the Planning and 6 Zoning Board. 7 So if you're only comfortable with reducing 30 _ s feet to 12 feet with the assumption that what those front 9 buildings are going to look like as what's been described 10 here, use that kind of a language in a motion and 11 condition the modification. Then it's incumbent upon the 12 staff and the hearing officer to do that. 13 MR. GAVALDON: Paul, before we go with a motion, 14 don't we need to note that this is equal or better than 15 these causes? 16 MR. ECKMAN: Yes. There are several things. You 17 need to find that this is not detrimental to the public is good, that it advances the intent and purposes of the land 19 use code. And then one of those three criteria, I guess 20 they were using the -- that it advances the purposes of 21 the standards as well or better than compliance would 22 have. • 23 Although, I saw in your staff report some reference on 24 the hardship standard. I don't know which they're really 25 pursuing or which the Board favors. But certainly not the 52 1 one that has to do with affordable housing in advancing, 2 that kind of thing. 3 MR. GAVALDON: Okay. Thanks. Anyone? Sally, go 4 ahead. 5 MS. CRAIG: I need -- just wanted to ask one 6 question for clarification. Steve, if this was the 7 employment district, what -- how far from the right-of-way 8 would they have to be? What are the -- footage on that? 9 Because, you know, they're right across the street from 10 employment. And that was one of the things we were hoping 11 to accomplish on Riverside is to make it look more like 12 employment and less like industrial. 13 And so it would be interesting to see -- because 14 we're kind of caught up on that 30-foot setback -- whether 15 if -- if they make it look like an employment and if 16 employment is allowed to be so many feet from it, then 17 maybe we're getting what we want, especially if we can get 18 a condition that somehow the hearing officer will make 19 this look like what they're claiming the plan, that we 20 supposedly haven't seen, look like. 21 MR. OLT: We're assuming -- in the E, Employment, 22 Zoning District, Bob and I are looking through the code 23 and we're not seeing the same kind of absolute setback 24 requirement in the E, employment, that you have in the I, 25 Industrial. That has been specifically designed for that 53 • 1 I, Industrial, Zoning District. 2 It's our belief that this would go to the 3 mixed -- mixed -use, nonresidential commercial section of 4 Article 3.5.3, I believe it is. We deal with the building 5 setback from -- from right-of-way. Bob is getting into 6 that. So I think we'd be looking at that criteria. 7 This being an arterial street, I'm assuming it 8 would be between -- what is it? 10 and 25 feet from the 9 right-of-way line is where the building could be in the E, 10 Employment, Zoning District. 11 MS. CRAIG: So it could be as far away as 25 12 feet? 13 MR. OLT: From the right-of-way line. 14 MS. CRAIG: And that's the building. So that's 15 saying that they could have parking in front? 16 MR. BLANCHARD: No. You're still required that 17 you can't cross -- well, they could -- no. You can't -- 18 not across the entire front facade because there's still 19 the requirement that you can't cross drive isles that 20 we've dealt with on other projects. So it falls into that 21 whole -- two line section of the code that we've used on 22 others. 23 The reason -- I've always characterized the 24 reason for this 30-foot landscape setback in the 25 Industrial Zoning District is the type of uses you get in MI 1 the Industrial Zone. It's designed to be a visual buffer, 2 not necessarily a screen, but a visual buffer. And it's 3 desired to set back further. And that's the only case in 4 the Land Use Code where you do set back further. 5 Everything else has to comply with the build to line. 6 MR. OLT: You're encouraging the buildings to be 7 closer to the streets and sidewalks with direct pedestrian 8 access including in the E, Employment, Zoning District 9 right across the street. 10 MS. CRAIG: But what we're losing on this one is 11 the parking lot between the buffer and the building which 12 you wouldn't find in an employment district across the 13 street. 14 MR. OLT: That's correct. They would have to 15 mitigate that. If they wanted to do something like this, 16 it would have to be mitigated in some fashion in the E, 17 Employment, Zoning District. 18 MS. CRAIG: Thank you. 19 MR. GAVALDON: Okay. You want to attempt another 20 motion? 21 MR. BERNTH: That's all right. Paul, I'm going 22 to ask another question. Can we do that with -- again, we 23 don't have a plan, but conceptually we do have this 24 plan. Can we make that modification -- or excuse me -- 25 that request of the applicant? 55 • 1 MR. EC10 AN: You can make that condition, and 2 then you have to rely on the hearing officer to understand 3 what your condition means. So I'd recommend that you -- 4 you word it as carefully as you can and tie it to whatever 5 it is you think is important in this plan's presentation. 6 If you have specific slides, for example, that you want to 7 ask the hearing officer to focus on, that might be 8 helpful. 9 MR. BLANCHARD: We do have the elevation slides 10 if you want to take a quick look at those again that we 11 didn't have -- didn't show tonight. We've got a set of • 12 elevations. 13 MR. OLT: Was my interpretation fair, Dan, of 14 what your concern was? 15 MR. BERNTH: It certainly was. Again, my concern 16 is that we grant a modification, and then they don't build 17 what we think they're going to build. But if we have the 18 assurance from the applicant, I feel comfortable with 19 that. 20 The other concern is that it's tough to deny 21 because someone else may build a similar project. Maybe 22 not this particular applicant, but another project that . 23 is -- adheres to the code but is not as nice a project 24 that we're looking at now. In other words, the metal 25 buildings that they can build in -- on Riverside Drive. 56 1 And that's -- my main concern is I don't want to see the 2 same stuff we've seen on Riverside Drive that we've seen 3 before. 4 MR. ECKMAN: In making a condition, I just think 5 you ought to -- maybe the entire package is what you ought 6 to refer to. But if you had certain things you wanted to 7 emphasize, such as those elevation or other things, - 8 just -- it would be helpful to the hearing officer to 9 emphasize those particular things that you think are 10 important to you. 11 MS. CARPENTER: While you guys are talking, can I 12 ask another question? We requested at work session that 13 we get a different cross section so that it showed that 14 the berm was raised. Did we get the - remember the cross 15 sections didn't show a raised berm? Or at least we 16 couldn't find it. 17 MR. OLT: I don't think we got -- that's not what 18 was given to me. The way it was expressed to me, 19 Jennifer -- obviously I wasn't at the work session. Is 20 there berming? Obviously the statement that there will be 21 berming has been given. There's a commitment for that. 22 That the drawing doesn't show it in text, it's shown on a 23 streetscaped plan. But that's, you know, again, an 24 elevation plan. 25 MS. CARPENTER: Well, if the commitment is there, 57 • 1 it's okay with me. I just wanted to be sure since it 2 didn't show it. 3 MR. GUSTAFSON: Actually, if you look at sheet 5 4 of 7, shows a cross section through the -- through the 5 site showing where the trees are, a berm there. In 6 actuality that's probably not a real accurate 7 representation because from that point the land slopes to - 8 the east. So as you get further from Riverside, the 9 ground is going to slope away from Riverside. And so 10 you're actually going to be lower as you get further from it Riverside. r12 So even with the 30-foot -- the 30-inch berm 13 right there, cars are going to actually be lower because 14 the ground continues to slope to the east. If you look on 15 sheet 5 of 7, that gives you a representation of now and 16 then when -- 17 MS. CARPENTER: I'm sorry. I'm not sure I 18 understand what you're -- okay. But this doesn't show 19 this going down. So I -- 20 MR. GUSTAFSON: So that's why I said it's kind of 21 a misrepresentation is that we didn't -- we just drew the 22 paving flat, that it will be at the same level of • 23 Riverside. Where actually the parking is going to be 24 lower than the street of Riverside. 25 MS. CARPENTER: So from walking down the m 1 sidewalk, then is there going to be a raised area that's 2 landscaped between you and the parking lot? 3 MR. GUSTAFSON: Yes. Yes. It will -- from the 4 sidewalk, it will come up to 30 inches and then drop back 5 down probably 3 feet, 3 and a half feet before you even 6 get to the parking lot level. 7 MS. CARPENTER: Okay. And if we just have that _ 8 on the record, does that make it legal even though this is 9 wrong? 10 MR. ECKMAN: Well, I think so. But I was 11 thinking about that condition some more in looking at 12 these elevations and wondering if I might have advised you 13 a little bit too far with that. Because if you pin -- if 14 you pin a condition to specific elevations, that might 15 have been Mr. Gustafson's general idea of what a building 16 might look like, but it might not actually turn out to be 17 exactly like that. 18 So maybe you should refer to it as being 19 substantially similar or something along those lines so 20 that the hearing officer doesn't have to mandate the 21 buildings look precisely like those pictures. 22 MR. GAVALDON: Well, anyone want to do another 23 run on a motion? 24 MR. BERNTH: I'll take a stab and embarrass 25 myself one more time. 59 • 1 First, I would recommend the approval of the 2 modification of standards in Sections 4.23(e)2(b) and 3 Sections 4.23(e)3(a)2, the Land Use Code for Maxi -Stuff 4 Storage, as long as they substantially adhere to the 5 conceptual plans delivered to the Planning and Zoning 6 board, those plans being number 1, number 3, and number 4 7 and number 5 of 7 outlined on their initial plans, and 8 that granting the request for modification would not be 9 detrimental to the public good nor would it impair the 10 intent and purposes of the Land Use Code, and 11 additionally, the plan as submitted will advance and 12 protect the public interest and purposes of the standard 13 for which the modification is requested equally well or 14 better than a plan which complies with the standard for 15 which a modification is requested. 16 MR. GAVALDON: Is there a second to the motion? 17 Very good motion. Okay. Not seeing a second, that motion 18 dies for lack of a second. Does anyone want to make an 19 attempt on the motion or do we need more discussion? 20 MS. CRAIG: I might as well get right out there 21 with Dan. 22 I move that we deny it. I don't feel that it is • 23 equally well or better than a plan. I think that 24 somewhere here we're between industrial and employment, 25 and they aren't meeting either by this modification. And m 1 that bothers me. I have the same concerns Dan does. 2 Well, what is going to come in? Are we losing by not 3 letting this? But on the other hand, we can't let every 4 person that stands up there -- that's what we keep running 5 into with these modifications. They make us feel so 6 doggone bad, that I just wish that we could get over the 7 hump on these things. And I don't know how that's going - 8 to happen. That's my motion. 9 MR. GAVALDON: Okay. Is there a second to the 10 motion? 11 MR. TORGERSON: I'll second. 12 MR. GAVALDON: Okay. We have a first and second 13 for denial. Any Board discussion? 14 MR. TORGERSON: Yeah. I just wanted to say, I 15 think it's a very nice plan. And compared to what's 16 there, it's substantially better. I'm kind of hung up 17 on as -- achieves the purposes as well or better than a 18 plan that substantially complies. I just can't seem to 19 meet that criteria. And I'm judging the merit of this 20 modification specifically based on what the code requires 21 me to not based on the project's merit because it is a 22 nice project and it's substantially better than what's 23 there. 24 I just think, you know, looking at the long-range 25 urban planning goals, at some point, maybe it's a thousand • M.1 0 0 0 1 years from now, those buildings will redevelop. And if we 2 can stay with the standards, it will ultimately be a 3 better -- better urban streetscape. 4 MR. GAVALDON: Okay. Paul, did we cover the 5 denial and the specifics we need so in case it goes appeal 6 we have given Council our reason for denial? 7 MR. ECKMAN: I think so. From what I heard, you 8 had indicated the reasons why you didn't think it advanced 9 the standard as well as compliance would have, and that it 10 was -- did I hear it was detrimental to the public good? 11 I cant remember if I heard that. 12 MR. GAVALDON: Sally, you want to clarify that 13 for us? 14 MS. CRAIG: No. To me it's that "equally well or 15 better than." It's number one. "The plan as submitted 16 will advance or protect the public interest and purposes 17 of the standard for which the modification was requested 18 equally well or better than would a plan which complies 19 with the standard for which a modification is requested." 20 MR. ECKMAN: I think that's sufficient to support 21 a denial. 22 MR. GAVALDON: Thank you, Sally, for 23 clarifying. we just wanted to make sure we have good 24 specifics. Any other Board discussion? Jennifer. 25 MS. CARPENTER: I'm really struggling with this rF one because I do also agree with Mikal that it is a nice 2 plan, better than what's there. But I just -- having the 3 same problem I can't get past that "better than or equal to." 5 So I agree with Sally that these modifications 6 are tough ones, but I just still feel like we can come up 7 with some kind of a compromise that we can make it work - 8 for both sides and actually meet -- maybe be able to do a 9 slight modification and meet the equal to or better 10 than. So I'll support the motion. 11 MR. GAVALDON: Okay. I'm going to be supporting 12 the motion, too. I think Dan attempted on some neat 13 suggestions. But with concepts and stuff, and I'm 14 struggling with the two. And I'm looking at the bigger 15 picture and what Riverside is going to bring. And with 16 the issues and the process on this, it just seems like we 17 could have achieved a compromise and better plan. But I 18 didn't see that. 19 So I'm going to support the motion as made and 20 second it because I feel that it does not meet that 21 particular part of the modification process. 22 May we have role call, please? 23 THE CLERK: Torgerson. 24 MR. TORGERSON: Yes. 25 THE CLERK: Craig. 63 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 23 24 25 MS. CRAIG: Yes. THE CLERK: Carpenter. MS. CARPENTER: Yes. THE CLERK: Bernth. MR. BERNTH: No. THE CLERK: Gavaldon. MR. GAVALDON: Yes. Motion's denied. Any other - business? The modification is denied. I'm sorry. Thank you. [Z! 1 STATE OF COLORADO ) 2 ) REPORTER'S CERTIFICATE 3 COUNTY OF LARIMER ) 4 I, Anne Hansen, a Shorthand Reporter and Notary 5 Public, State of Colorado, hereby certify that the 6 preceding videotape was transcribed, Request for 7 Modification of Maxi -Stuff Storage; that said precedings - 8 were taken down by me in stenotype notes and thereafter 9 reduced under my supervision to the foregoing 65 pages; 10 that said transcript is an accurate and complete record of 11 the proceedings so taken. 12 I further certify that I am not related to, employed 13 by, nor of counsel to any of the parties or attorneys 14 herein nor otherwise interested in the outcome of the 15 case. 16 Attested to by me this 7th day of December, 1999. 17 IN 19 20 21 22 23 24 Anne Hansen Meadors Court Reporting, LLC 140 West Oak Street, Suite 266 Fort Collins, Colorado 80524 (970) 482-1506 25 My commission expires: 02/13/03