HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 09/26/1988• PLANNING AND ZONING BOARD MEETING
SEPTEMBER 26, 1988 MINUTES
The regular meeting of the Planning and Zoning Board was called to order at
6:33 P.M., in the Council Chambers of New City Hall, 300 Laporte Avenue,
Fort Collins, Colorado.
Board members present included Laurie O'Dell, Frank Groznik, Sandy Kern,
Dave Edwards, Bernie Strom, Jim Klataske, Lloyd Walker, and Alternate Jan
Shepard.
Staff present included Tom Peterson, Ken Waido, Linda Ripley, Ted Shepard,
Joe Frank, Sherry Albertson -Clark, and Kayla Ballard.
Legal Staff was represented by Paul Eckman.
Member Strom announced that he was resigning from the Planning and Zoning
Board effective immediately. He stated that City regulations require that
Board members be residents of the city or the UGA. He stated that he is no
longer living in the city or within the UGA. He added that being on the
Board was a positive experience and that although some decisions have been
difficult, they had certainly not been dull. He stated the highlights had
been the people. Staff and the Board was very hard working and committed to
quality future for Fort Collins. The development community and the public -
at -large, although they do not always agree, certainly were both interested
in the quality of life in Fort Collins. They each, in their own way, work
very hard to bring this about. He offered some advice to the Board which
was to maintain and fine-tune the systems and ordinances. He considered
them the best that he had ever seen.
Chairperson O'Dell welcomed a class from Front Range Community College.
Election of Officers
Member Kern nominated Laurie O'Dell for a second term as Chairperson. With
no other nominations, Laurie O'Dell was elected by a vote of 7-0.
Member Kern nominated Dave Edwards for a second term as Vice -Chairman. With
no other nominations, Dave Edwards was elected as Vice -Chairman by a vote
of 7-0.
Tom Peterson presented the Agenda Review which consisted of: Item 1, August
22, 1988 Board minutes; Item 2, #13-82AK, Oak Ridge Village PUD 7th Filing
-Final; Item 3, #53-85S, Centre for Advanced Technology PUD, 7th Filing
Parcel Q - Final; Item 5, #64-88, Allen Group Home; Item 6, #37-84D, Lakew-
ood Estates PUD -Final; Item 7, #53-84F, Warren Farm 2nd Filing - Final
Subdivision; Item 8, #76-88,A, Pace Membership Warehouse Annexation and
Zoning; Item 9, #72-88, Amendment to Zoning Ordinance - Definition of
Aquarium Shop; Item 12, #70-88, The Point PUD, Master Plan, Preliminary
Phase Plan and Off -Site Street Improvements Waiver - County Referral; Item
13, #71-88, Terry Shores North, Preliminary Subdivision and Off -Site Street
. Improvements Waiver - County Referral; and Item 14, #42-88A, Replat of Lot
11, Block 2, East Mulberry Subdivision and Off -Site Street Improvement
Waiver.
Planning and Zoning Boar Meeting
September 26, 1988 Minul:L,
Page 2
Mr. Peterson stated that the staff requested Item 4, #63-88, Douglas Manor
Group Home; Item 10, i66-88,A, Pine Ridge First Annexation and Zoning; and
Item 11, /67-88,A, Pine Ridge Second Annexation and Zoning be pulled for
discussion. He informed the audience that the Westside Neighborhood Plan
would not be heard tonight but will be heard at the October 24 Planning and
Zoning Board hearing.
Mr. Peterson presented the Discussion Agenda, stating that staff requested
Item 20, A77-88, Wetlands and Wildlife Maps and Criteria be heard first on
the Discussion Agenda, followed by: Item 16, i53-85W, Centre for Advanced
Technology PUD - Amended Master Plan; Item 17, #53-85T, Centre for Advanced
Technology PUD, Support Services - Preliminary and Final; Item 18,
#146-79Item 19I,, Raintree A96181M, The Market l atUHorsetooth Commons PUD PreliminaryL t nFinal;5 Prelimi-
nary.
Member Kern moved to approve Items 1, 2, 3, 5, 6, 7, 8, 9, 12, 13 and 14.
Member Klataske seconded the motion. Motion to approve carried 7-0.
DOUGLAS MANOR GROUP HOME - #63-88
Linda Ripley gave a description of the proposed use.
Douglas Merle, applicant, stated that their goal was to blend in with the
neighborhood. There will be no signage or advertising. He quoted from
"Practical Guidelines for Establishing and Operating Small Assisted Facili-
ties for the Elderly," which states that group homes had no negative impact
on property values or the rate of property turnover. He added the exterior
of the home would not change dramatically and that the only change proposed
was to have the windows, across the garage, be sliding windows in each
garage base. Parking for staff will be in the 3-car driveway and they will
not park on the street.
Member Walker asked Mr. Merle if he was the owner and will he remain as a
primary resident.
Mr. Merle replied yes, he was the owner and, along with his wife, will con-
tinue to reside there.
Member Walker asked if there will be a change in the storage of the trailer
due to increase of usage of the property.
Mr. Merle replied that there were no additional vehicles on the premises.
The trailer was in storage.
Member Shepard asked if one of the 4 bedrooms would be large enough for a
couple to reside in.
Mr. Merle replied yes, one room would be 175-180 square feet, and will be
used as a double occupancy room.
Planning and Zonin and meeting
September 26, 1988 nutes
Page 3
• Ms. Ripley gave the staff report. It recommended approval with the follow-
ing conditions: 1) The maximum number of elderly residents will be five; 2)
The maximum number of 2 staff persons will work in the home at any one
time; 3) The elderly residents would not be allowed to drive or store auto-
mobiles on the property; and 4) there would be no signage for the group
home.
Ray Benton, 2912 Worthington, stated that the use was not permitted by the
covenants of the area. Covenants are important to a neighborhood to keep
the quality of the neighborhood as it was when it was developed. Buyers
expect it to stay that way. He stated he was disturbed to find that the
City was not a party to this argument and that this proposal was in viola-
tion of the covenants. He asked if the City considered, in their deliber-
ation of.the approval, that the covenants prohibit this kind of use.
Paul Eckman stated that this needs to be addressed in court rather than
through the Planning and Zoning Board.
Mr. Benton stated that he did some comparisons of elderly housing through-
out the city. He stated that the Fort Collins Nursing Home was approxi-
mately 70% filled; Columbine West will have 120 beds in the future. Based
on these comparisons of existing homes, the majority of them are empty.
Therefore, he questioned the need for this group home in an area where the
covenants ido not permit that type of use.
Ms. Ripley commented that staff did not believe that it was appropriate to
ask the applicant to ensure that there was a need for the use. A group home
facility offers a different kind of care than the traditional nursing home.
The type of patients that Douglas Manor will accept would be ambulatory and
will not accept anyone in a wheelchair, mentally or physically handicapped.
These residents will be the type that will require some sort of help such
as reminding them to take their medicine.
Vicki Kloppe, 2930 Worthington, stated that she was concerned about the
traffic that this use will create. These residents will need to be driven
for various reasons, and this will create more traffic. There were a number
of small children living in the area. The traffic in the area of Worthing-
ton and Swallow had produced one accident per month. Additional traffic
could possibly add more accidents. Parking will be a problem because there
would not be enough space between houses, with staff and visitors. She felt
that converting the garage and leaving the driveway would be unsightly.
Mike Dudek, 2925 Worthington, stated that he had the same concerns as Ms.
Kloppe. He stated that the traffic at Drake through Swallow was fast and
plentiful. He agreed that there had been several accidents in the area. His
biggest concern was alteration of the garage. Mr. Merle had good inten-
tions with the group home but the physical change will affect the neighbor-
hood. If the group home is unsuccessful, will they change it back? He felt
that this would look like an apartment building in a residential area.
There were several rentals in the area and rentals create the demand for
extra parking. He felt the neighborhood was at the mercy of the group home.
Manning ana coning boa, meeting
September 26, 1988 Minu4 -
Page 4
Ms. Ripley stated the elderly would not drive or have automobiles. Trips
to the doctor were not significant enough to deny the project. Staff
believed that the architectural design of the home would remain compatible
with the neighborhood. Adding windows to the garage would not significantly
change the appearance of the home. The zoning ordinance does not require a
residential home to have a garage.
Member Edwards moved to approve Douglas Manor Group Home with the recom-
mended staff conditions. Member Groznik seconded the motion.
Member Walker understood that requirements, as outlined, dealt with lot
size rather than house size. He asked if there was any rule governing inte-
rior space that has to be allowed for residents in this situation.
Mr. Eckman stated that one criteria to be considered was building coverage
of the lot. However, group homes were allowed in the R-L zone after the
Board approves them.
Member Walker was concerned about regulating quality and asked how this was
to be controlled.
Ms. Ripley stated that the applicant was required to be licensed by a gov-
ernmental agency. They were the ones who regulated the care in the home.
They have requirements for square footage of bedrooms.
Member Walker asked Mr. Merle if ambulatory residents need special consid-
erations.
Mr. Merle stated the residents will not be wheelchair bound. Requirements
necessary, through the state, for a wheelchair bound person could not be
met by their group home.
Member Klataske questioned traffic counts for the group home.
Ms. Ripley replied that there was no information on this. Earlier she had
conversed with an owner of another group home and the owner stated that
there were few visitors.
Member Groznik stated that he seconded the motion because he was concerned
with the type of care given to elderly persons. They should be kept active
and have them interact with children. He questioned if the skid marks at
the stop signs were from people not knowing it was a new sign recently put
in place. As the children grew older and get licenses there could be an
increase in traffic and possibly more hazardous drivers.
Member Kern stated the intention of the law was to get people out of large
nursing homes and into neighborhoods. Would the neighborhood rather see
this home with four bedrooms and have 5 elderly people or a family with 3
teenagers? He addressed Mrs. Benton's letter by stating that the two issues
of traffic increase and property value decrease have had no negative feed-
back. The state has mandated that group homes can go into any zone. Fort
Collins has tried to regulate their separation and as to the type of homes.
This use will remain a group home for the elderly until it comes before the
Board as another proposed use. These homes are inspected by the state
Planning and Zonin and Meeting
September 26, 1988 utes •
Page 5
• agency that licenses them. Requirements exist for bedroom floor areas per
person. Qualifications for staff were licensed by the state. The state has
mandated that the Board not consider this as any kind of rental or commer-
cial enterprise. The Board only judges if the land use was appropriate.
The Board cannot address enforcement. This would be on a complaint basis.
These were private matters and have to be pursued privately.
Chairperson O'Dell stated that the Board changed the requirements of group
homes last year and she felt confident that this proposal meets all those
requirements.
Member Kern asked if this controverted having 3 unrelated person in a resi-
dence.
Mr. Eckman replied that it did not.
Member Edwards stated that the same arguments are raised each time a group
home is reviewed. He felt the real issue is the threat of change in the use
of the residence in the neighborhood. All objections have a flip side. The
community should say to do it but in a style to benefit everyone. The
safety questions is always raised. Elderly people can add quality, continu-
ity and roots to a community as opposed to hot rods and dirt bikes. He felt
that a family with 3 or 4 teenagers living in this area could be more dis-
ruptive than 4 or 5 elderly residents. There were rentals all around this
area. The more statements made about a lot of rentals around just enforces
the conformancy of this use.
. Member Kern amended the motion by changing Condition /1 to "A group home of
elderly residents limited to a maximum of 5."
Member Edwards and Member Groznik accepted this amendment.
Motion to approve Douglas Manor Group Home carried 7-0.
PINE RIDGE FIRST ANNEXATION AND ZONING - /66-88,A
PINE RIDGE SECOND ANNEXATION AND ZONING - A76-88,A
Linda Ripley gave a description of Pine Ridge First and Second Annexations
and Zonings stating that this was a voluntary annexation. She added that
there had been a number of calls concerned about the R-F zone.
Ken Waido gave a description and history of the R-F zone by stating that
this property was an open space area. The only development anticipated in
the property was the extension of the foothills trail to eventually meet
with the Spring Creek trail. This area will not be developed into a park.
The residential zoning was applied to properties in the foothills area.
Staff recommended this zone because this is the zoning district that is to
be applied to properties in this area. There exists no open space zone or
governmental zone to apply to city -owned property in the City Code. A zone
district is used which applies to the general vicinity in which the parks
are located. Covenants are not attached to restrict any development because
covenants are agreements between private property owners and the public.
. The County developed.a Foothills Plan in 1982 and the City developed a plan
in 1970. This city -owned open space area should be annexed into the city
proper.
Planning and Zoning Bow Meeting
September 26, 1988 Minutes \
Page 6
Member Walker asked if this annexation would require property owners in the
area to annex into the city?
Mr. Waido stated that this particular annexation did not create an enclave.
No property owner would be put into a position that they would be in an
enclave and subject to an unilateral annexation by the city within three
years.
Member Groznik asked if there could be a condition stating that this land
be used as open space purposes.
Mr. Eckman stated that to impose a condition as part of the zoning would be
possible by City Council. This would be subject to change by a future City
Council. If the property had been conveyed to the city with a deed restric-
tion, then the restrictions would have to be followed.
Member Edwards asked if this property could be zoned T-Transition in order
that neighbors could feel that, if anything were going to happen on this
property, there would be assured of the potentional of public hearings and
other recommendations.
Mr. Waido replied that the T-Transition zone means that it could be zoned
to something else. This could be less restrictive than R-F zoning. This
property was bought for open space used for open space.
Mr. Peterson stated that if the city came back later with an open space
zone, this would be the same zoning condition as in the R-F zone. If the
concern was with the neighbors that something, such as a golf course, were
proposed, then any development other than trailhead development would go
through the process of a public hearing conducted by the Parks and Recre-
ation staff.
Member Kern moved to approve Pine Ridge First Annexation and Zoning and
Pine Ridge Second Annexation and Zoning. Member Edwards seconded the
motion.
Member Walker commented that there were enough safeguards built into the
process that makes this proposal appropriate.
Member Edwards concurred with Member Walker but felt there was a hole in
our zoning ordinances to have an unstated policy that property owned by the
city similar to what happens to be around them is a backwards approach to
an unstated policy. If there is a way to find a zoning provision called
public purpose or open space this should be reviewed.
Motion to approve passed 7-0.
WESTSIDE NEIGHBORHOOD PLAN - 75-88
Member Walker moved to table this item to the October 24, 1988 Planning and
Zoning Board meeting. Member Kiataske seconded. Motion to table carried
7-0.
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Planning and Zoninaard Meeting •
September 26, 1988 Minutes
Page 7
WETLANDS AND WILDLIFE MAPS AND CRITERIA - t77-88
Bob Wilkinson, Natural Resource Board, gave a brief summary of the proposed
criteria.
Member Groznik asked if there was a schedule set to respond to the review
of the maps and to see how they impact the LOGS?
Mr. Peterson stated the city's intent was to meet with the City Council to
discuss this on October 11 to review the entire wetlands program. Based on
the outcome of that meeting, there will be a schedule of revisions and rec-
ommendations within a year.
Member Edwards commented that one area not highlighted enough was the
amount of time and energy spent by the Natural Resources Board and the ad -
hoc citizens committee has spent on this. He proposed to add "Whereas the
Natural Resources Board and Ad -Hoc Citizens Committee of knowledgeable cit-
izens have spent countless hours identifying, categorizing and prioritizing
wetlands and wildlife habitat within the UGA" to the resolution of Wetlands
and Wildlife.
Member Shepard stated that this should be incorporated into the first
"whereas." She commented that the last paragraph needs to be changed to
"Adopted by City Council." She suggested that the fifth "whereas" be
changed from "least impact. . . " to "will have minimum impact. . . ."
Chairperson O'Dell questioned the last paragraph. She asked if those tech-
niques are written, noted, stated or known to people. What would people
anticipate when they read this paragraph?
Mr. Wilkinson stated that there are no specified mitigation techniques. The
existing criteria would be used until changes were made in the code. If
certain impacts were foreseen, it would be up to the developer to review
what types of impacts were forthcoming and how those might be mitigated.
This would be dealt with on a case -by -case basis at this time.
Mr. Eckman stated that the last paragraph is intended to state the expres-
sion that in the interim period, these maps will be used for informational
purposes to guide the public in application of preservation and mitigation
techniques.
Member Edwards moved to .adopt this resolution with the addition of the
following: "Whereas the Natural Resources Board and Ad -Hoc Citizens Commit-
tee of knowledgeable citizens have spent countless hours identifying, cate-
gorizing and prioritizing wetlands and wildlife habitat within the UGA";
and to change the word "least" in the fifth "whereas" paragraph to "mini-
mum." Member Kern seconded. Motion to approved passed 7-0.
CENTRE FOR ADVANCED TECHNOLOGY - Amended Master Plan - #53-85W
Ted Shepard gave a description of the proposed project.
Planning and Zoning Boar 'eeting
September 26, 1988 Minutes
Page 8
Frank Vaught, Vaught/Frye Architects, discussed the requested proposal. He
stated the goals Of the 1985 plan were the same goals as today. The mixed
use plan consisted of high-tech, retail, housing, and recreational uses in
a mutually supporting role.
Mr. Shepard gave the staff report. It recommended approval, stating that
this proposal was in conformance with the LDGS.
Alan Lamborn, of the Prospect/Shields Neighborhood Association, had con-
cerns as to why the applicant amended the uses permitted under the Master
Plan on 20 acres in response to a proposal dealing with only 2.2 acres.
Staff informed him that it is merely "housekeeping." Staff did not feel it
was important to hold a neighborhood meeting on this issue because it was
considered "housekeeping." Mr. Lamborn felt "housekeeping" showed a misun-
derstanding of the way in which the context affects the substance of the
choices actually made. The structure of the LOGS typically gives neighbor-
hoods no leverage on land use. The absolute criteria of the LOGS means hold
the meeting and collect the minutes." There were no measurable indicators
by which to say "no." This was the basic problem by which the LOGS affects
the residential areas on the issue of incompatibility. There were occasions
where the LOGS and the underlining zoning system cut the other way. The R-P
Plaza was an example. This particular lot was originally zoned I-P with
business uses designated on the Master Plan. When this was passed, the I-P
zone was altered to B-P zoning without citizen input because it came in the
form of an amendment by a Board member after the citizen input was over.
The parcel was re -integrated into the Master Plan. That was a significant
plus for land use planning because previously, it was a stand alone B-P
zoning. By re -integrating, this gave the staff, the Board and the neighbor-
hoods the potential to influence more of what was to happen on the parcel.
If all of Parcel R and V are amended like the 2.28 acre proposal, that has
the effect of throwing away any terms of disagreement by the staff, Board,
or neighborhood in the future. If this process continued, all that would be
left for C.A.T. is site planning. What was proposed was putting beautifully
landscaped gas stations on every corner, as it was back in the 1960's. To
avoid that outcome, the Board had to "husband" the few assets the system
gives for land use as opposed to site planning. He proposed that the 2.2.
acres be amended to allow auto -related uses. He was prepared to support the
basic concept of having a convenience store, car wash, and retail use on
that 2.2 acres. What he objected to was taking almost 18 acres and turning
into another roadside, auto -related commercial district.
Member Edwards asked Mr. Lamborn if he was speaking for the neighborhood or
for himself personally.
Mr. Lamborn replied that he used the basic first person pronoun. The con-
cern of the neighborhood is two -fold: 1) this was the most important infill
project that the city will engage in and that it be done in a way that pre-
sents long term objectives rather than short run scrambling;
ng; and 2) that
this proposed alteration will result in a shopping r
integrated with C.A.T., and the indirect effects in traffic.
Chairperson O'Dell asked Mr. Shepard to clarify what would be allowed on
Parcel R and Parcel V with this change.
Planning and Zoning rd Meeting •
September 26, 1988 Wes
Page 9
Mr. Shepard stated that it would allow typical retail and commercial busi-
nesses that were found on highways and arterial streets.
Chairperson O'Dell asked if this would be different than a shopping center
or a community -wide shopping center.
Mr. Shepard stated that it would be in addition to those previously men-
tioned uses, neighborhood service and regional community shopping center.
Member Groznik asked if there was any way the Board could control curb cuts
that will be allowed in areas R and V on Shields and Drake.
Mr. Shepard stated that the site access study for the amended master plan
has been the "bible" to which all the uses of the master plan are reviewed.
All the staff memos received for any project in C.A.T. would always refer
to that document. That document is very specific as to curb cuts and the
location of the access points. Impacts on Drake and Shields were the prime
concern of that study.
Member Walker asked for response to the comment regarding the next item on
the agenda that would affect this item.
Mr. Shepard stated that these two tracts will have direct frontage on the
two arterial streets. This was the rationale.
Mr. Vaught stated that Parcel W was more integrated into the indus-
trial/office area of the overall plan and was never intended to accommodate
those types of uses. The original master plan had a 350,000 square foot
community center approved in Parcels R, S, and V. This was reduced to
approximately 150,000 square feet. This has had a major impact on traffic.
The reason Parcel V has also included those uses is because there are other
auto -related uses that might be accommodated within this entire neighbor-
hood center that might want to maintain the applicant's flexibility. All of
R and V were not intended to be auto -related uses at this time. Staff felt
that this was not a site that would be considered a neighborhood conve-
nience store because there is not an affected neighborhood. It would be
reviewed under the Auto -related Roadside Commercial point chart.
Member Kern asked Mr. Shepard what staff response would be if Parcel R and
V were converted to auto -related business. Would this be proper planning
for this corner?
Mr. Shepard stated that R and V and S have always been the retail portion.
This could conceivably be an auto -related use but this is not the intend.
Mr. Vaught stated that they illustrated what their indication was for
future use of this center in terms of the corner site. They represented
their thoughts of how this would integrate with the entire development.
Pads and larger anchors have been looked at to handle the traffic in this
area. It would not be appropriate to have the Board say this could not be a
specific store at the master plan level. This should be done when this
becomes a specific proposal.
Planning and Zoning Boar( aeting
September 26, 1988 Minutes
Page 10
Member Kern stated that the master plan was designed to be flexible. If
there was to be increased development of auto -related uses, it would make
the traffic plans, as devised appropriate for the master plan, unworkable.
What level of auto -related use could be permitted here without making non-
sense of the traffic studies that were done for the whole area?
Mr. Vaught replied that any use on a master plan was an acceptable use. If
a higher intense retail store were proposed than originally anticipated,
all of those efforts of traffic analysis would have to be done over to
determine if it is appropriate or not. The same holds true with this par-
ticular type of use.
Member Walker stated that this intersection has the potential to be the
busiest in the city with Raintree, Cimmaron Center, and 450 Raintree apart-
ments behind the Raintree Center. He asked if these 2 parcels can be auto -
related. He felt the traffic was too intense to have another auto -related
use at this intersection.
Mr. Shepard stated that the 1988 Master Plan was unique in that it was
given a full-blown traffic impact analysis. Most master plans do not
receive that type of scrutiny. Staff felt the center and intersection were
important enough that they requested the study be done. This analysis has
identified every parcel with maximum square footage potential and every
parcel that comes in for PUD Preliminary must receive an amended traffic
impact analysis that fits within the parameter. This was available to the
Board in their packet.
Member Edwards asked Mr. Eckman if it was possible to table the amendment
to the Master Plan and continue it to the next related item.
Mr. Eckman replied that it would be awkward to approve the next item condi-
tional upon the master plan. The Board could table a decision on this item
and entertain discussion on the next item then go back to order and con-
sider this item first. He stated however, that he would reluctant suggest
that the Board approve a preliminary plan based on a master plan that
doesn't fit.
roval
f the
2.28ea� el site rasoone motionthe
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reconsiderpParceloR and
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Member Kern stated he had no objections to having auto -related uses at that
intersection. His main concern was for the possible impacts that could
develop further. The Board does have control on plans that will appear
later but the Board is trying to see if staff will feel comfortable with
this sort of designation and if the Board could feel comfortable also.
Chairperson O'Dell asked if this were intensely developed in an auto -
related type of development, would one portion of that section be non -
developable because the limit would have been reached traffic wise.
Planning and Zonin and Meeting
September 26, 1988 utes •
Page 11
Mike Herzig responded by stating that, theoretically, anything can be pro-
posed. The traffic study is developed to determine what the impact of that
proposed development would be. The traffic study points out what improve-
ments are required to make that development compatible with the overall
system and what other improvements are to be made off -site to make that
project workable. Some off -site improvements might not be able to be done.
The traffic study has to be updated and new mitigation measures reviewed
each time.
Member Walker moved to approve the Centre for Advanced Technology Amended
Master Plan for the 2.2 acres on the north end of Parcel R which encom-
passes the next item. Member Groznik seconded the motion.
Member Shepard commented that the auto -related use seemed to be no more of
a traffic generator than a large department store. There would not be as
many people getting their car fixed as there are going shopping or some
other sort of use.
Member Groznik commented that the "housekeeping" on this item means that
there was something that should have been considered before but wasn't and
now the unfinished business will be taken care of. The public process that
happened when the master plan was changed was subverted.
Motion to approve carried 6-1, with Member Shepard voting no.
CENTRE FOR ADVANCED TECHNOLOGY PUD - SUPPORT SERVICES -
Preliminary and Final - #53-85T
Mr. Shepard gave a description of the proposed project.
Jim Gefroh, Gefroh-Hattman, Inc., discussed the proposed property stating
that the Support Services PUD was the beginning of Tract R as a retail cen-
ter. The uses generated by Support Services PUD were typical within such a
center and will provide the basic on -site conveniences for both the
research and retail users. He stated that the site plan illustrated three
specific uses proposed. The convenience store, gas station and car wash
outlets were evaluated on the Auto -Related Roadside Commercial point chart
and scored an 85%. The retail building was evaluated under the Business
Services point chart and scored an 84%. The project will be built in two
phases. The car wash, gas station and convenience store outlets will be the
first phase. The retail building will be built as the second phase as users
are determined. He presented to the Board the convenience store's orienta-
tion, parking, trash areas, berming, building material, signage and logos,
lettering on the building, the height of the store and canopy, the colors
of the buildings, the car wash bays, the footage of the property line, the
sound buffering, roofing, colors of the car wash, landscaping, lighting,
and canopy signage. He then gave the Board the proposed signage informa-
tion.
Member Walker asked why the canopy is 20 feet when that is above and beyond
the clearance height.
• Mr. Gefroh stated that the height from the ground to the bottom of the
canopy is 14 feet and there is a 4 foot fascia for a total of 18 feet.
Planning and Zoning Boarr' 'eeting
September 26, 1988 Minute
Page 12
Mr. Shepard gave the staff report
lowing two conditions: 1) that th
e
Chairperson O'Dell asked how these conditions could be placed on a final
approval.
Mr. Shepard stated that the Board would approve with the condition that the
signage be whatever the Board decided and that would be the document that
would be enforced by the Zoning Administrator when the sign permit was
requested.
Margaret Fillmore, property owner adjacent to the site, stated she had con-
cerns with the traffic in the area. Shields has very heavy traffic and this
project will generate even heavier traffic. She was also concerned about
the next item on the agenda, Raintree Commercial. She was concerned about
having two car washes in the same block.
Alan Lamborn, Prospect/Shields Neighborhood, stated he had a concern with
the traffic. Members of the association who reside in Hillpond and Sunder-
ing have asked to bring to the Board's attention the difficulty of exiting
out of Hillpond and Sundering. There was the combination of the volume of
traffic and the speed created by the incline on Shields Street. They have
also asked to urge the Board to move promptly to place a signal at either
Shields and Centre Avenue or at the entrance to Rolland Moore Park. Another
concern is the saturation of these types of uses in this area. This pro-
posal will give the area three convenience stores with a few hundred yards.
There is a fourth convenience store, without gas pumps, already in Spring
Creek. A delicate balance was being reached in terms of the mix of numbers
of these items that one could have in this area.
Freeman Smith, Prospect/Shields Neighborhood Association Board of Develop-
ment Review, stated that another concern the association had was the manda-
tory placement of a street signal located on Shields Street, at either
Centre Avenue or Raintree Drive. Traffic problems get worse every day. He
asked if there would be an allowable U-turn going north on Shields, east on
Centre Avenue, at Worthington Street.
Mr. Shepard replied he did not have that information at this time.
Mr. Smith further stated other concerns were that there was no commitment
to vaulted gasoline storage tanks; car wash effluent; the inadequate sound
barrier between the residents and the wash bays; the storm drainage provi-
sions were unclear; the landscaped area; and, the internal area will create
large snow drifts.
Rick Ensdorff, City Traffic Engineer, stated that there was no signal war-
ranted at Raintree and Shields but they will continue to monitor this
intersection. Additional traffic signals, such as the access to Rolland
Moore Park, has potential for traffic signals but does not meet signal war-
rant at this time. The other possible location for a signal was Hillpond.
This has been measured and does not warrant a signal at this time. Signal
warrants are a combination of activity on the main street and the side
Planning and Zoning0ard Meeting •
September 26, 1988 Minutes
Page 13
street. A warrant would indicate that it would need a certain volume of
traffic for eight consecutive hours. U-turns would not be prohibited where
Mr. Smith inquired. However, future development or a safety problem may
make it prohibited.
Chairperson O'Dell asked what level of development would cause a need to
install a traffic signal at Shields Street and Centre Avenue.
Mr. Ensdorff replied that the proposed developments would generate a need
for a signal. The traffic study for the center, commercial and Raintree
area, all have indicated that a traffic signal would be needed. What can't
be seen is the number coming out of the center to generate that. However,
the development is in the vicinity of reaching 40-50% of warranting a sig-
nal. A traffic signal was usually installed at 90%.
Mr. Shepard explained that the car wash effluent drained into the sanitary
sewer system and was pre-treated with filtration and grease and sand traps
before entering into the system. This was reviewed and approved by the
Water and Sewer department and the industrial pre-treatment department.
Mr. Gefroh stated that the storage of the gasoline tanks had to be reviewed
and approved by the Poudre Fire Authority. These storage tanks must meet
standards and guidelines during installation. He stated that 50% of the
landscaping that was on the outside of the brick wall will be of an ever-
green variety. The 6 foot brick wall will reduce the noise level. There was
also a u-shaped wall that surrounded the vacuum pumps.
Chairperson O'Dell asked for clarification as to the three proposed signs.
Mr. Gefroh stated that there would be three ground signs. One for the
retail building, a pricing sign for the Conoco building and an overall pro-
ject sign which will identify the users of those buildings as well as the
C.A.T. logo. The main sign would not contain any Conoco or car wash infor-
mation. There would be individual, non -lighted signage on the car wash
mounted on the building and on the screen wall.
Member Groznik asked what was the overall dimension of the free standing
ground pricing sign.
Mr. Gefroh stated that from the top of the brick base, which would be at
least one foot high, the sign would be 5'3" high and 4'6" wide.
Member Kern asked if the canopy and building signs count in the signage
allowance.
Mr. Shepard stated that each platted lot was given an allowance and that
can be divided up on the site between the various kind of sign. There was a
limitation on the free standing sign whether it be a monument or a pole
mount that cannot exceed a certain amount.
Chairperson O'Dell stated she viewed the screen wall signage as a free
. standing wall. She asked if staff viewed it that way also.
Planning and Zoning Boe Meeting
September 26, 1988 Minutes
Page 14
Mr. Shepard stated that given the length and the 6 foot height of that
wall, staff viewed it as a wall mounted sign and that the wall itself does
not act as a monument for the sign.
Member Kern moved to approve the Centre for Advanced Technology Support
Services as a preliminary with the conditions that the staff preference is
given to the Board regarding signage in the Memorandum delivered to them
earlier and that staff receive information in the form of numbers regarding
the sound mitigation to the south. Member Edwards seconded.
Member Walker commented that he concurred that the signs on the canopy be
deleted. The canopy is taller than necessary and it would draw attention to
the sign.
Member Kern commented that he would like to see in the final, some clarifi-
cation as to what the real height of the canopy is.
Mr. Gefroh asked for clarification as to the motion.
Member Kern stated that the motion he made was to adopt staff recommend-
ation for signage and that, before final, numbers be given to the Board
regarding sound abatement.
Member Shepard commented that her main concerns were the signage and the
proliferation of signage on Shields and she felt it detracted from the
retail advertising on the main logo sign. She would rather see the retail
not advertised.
Member Edwards commented that he felt the issue of signage was still unre-
solved.
Member Groznik stated that the signage information was available. He felt
he could support a free standing pricing sign. However, it could get con-
fusing if included in the monument sign for the entire site. He felt there
were many unresolved questions on signage but there were answers and there
have been standards adopted that need to be researched.
Mr. Gefroh asked if the Board could continue the final to the next Planning
and Zoning Board meeting.
Chairperson O'Dell replied that staff would need to work on that. This
could be discussed with staff. There were several questions that the Board
needs to have answered that might not be answered before the next meeting.
Member Edwards stated that there are three different heights given for the
canopy and that does not qualify for definitive information ready for final
approval.
Motion to approve Centre foe Advanced Technology Support Services Prelimi-
nary carried 7-0.
Planning and Zoning rd Meeting
September 26, 1988 utes
Page 15
LJ
RAINTREE COMMERCIAL PUD - TRACT H - Preliminary and Final - 6146-79K
Sherry Albertson -Clark gave a description of the proposed project.
John Barnett, ZVFK Architects, gave a description of the gas station, car
wash, landscaping, street tree retention, canopy, and signage and pre-
sented slide elevations from various directions and slides of sign
examples. He stated that they are requesting final approval for the north
portion of the site with one canopy sign with a 2 foot stripe attached, a
pricing sign with Amoco at the top, food shop signs on the building, the
car wash sign, and preliminary approval for the fast food restaurant.
Ms. Albertson -Clark gave the staff report. It recommended approval with one
condition which related to the removal of all remaining canopy signage.
Alan Lamborn, Prospect/Shields Neighborhood Association, stated he had
three groups of issues. The first was a clarification on a matter of
procedure as to why no neighborhood meeting was held. Secondly, had the
Board considered perfecting the neighborhood convenience center guideline
plans if they were passed by Council? Gas stations and convenience stores
were very much alike. The association strongly opposed any kind of stand
alone operations such as this within a neighborhood community. The associa-
tion would like to call to the Board's attention the concern of the number
of these types of uses that were piling up on Shields, between Cimarron and
the Prospect/Shields intersection. The association felt it was crucial that
the parties concerned recognize that all these commercial, industrial and
retail developments occurred within an area which was historically predom-
inantly residential in character. Future proposals for the remaining vacant
infill areas need to take that predominantly residential character as a
starting point.
Freeman Smith stated that the signage and the landscaping was self-serving
and destroyed the quality of what was seen from Shields. He asked that the
Amoco representative clarify the double -vaulted storage tanks, the double -
vaulted pipes and continuous monitoring. He asked where the future storm
water detention would take place. He also asked for clarification as to 6
parking places required. He felt the trash bin could be more aesthetically
bermed.
Margaret Fillmore stated that she was still concerned about the traffic.
She stated that there was a considerable amount of bike traffic on Shields.
She also had a concern about the fast food restaurant and adequate ventila-
tion. Also, why were there two gas stations and car washes within two
blocks of each other.
Jane Davis, adjacent resident, stated that another gas station was not
needed in the area. An objection she had to the proposal was having a fast
food restaurant designated without having a tenant. There were several
vacancies in this area already. She opposed the project unless there was a
firm commitment to having a tenant.
Planning and Zoning Boat fleeting
September 26, 1988 Minutes
Page 16
John Barnett stated that there was no plan to build the restaurant before
there is a tenant. The approval was simply an aid in marketing that site
for that use. He responded to the questions put before him by stating that
the deceleration lane in its relationship to Raintree Drive exists at this
time. It was planned to accommodate a traffic volume that was heavier that
what exists now plus what was planned in the area. The original concept
would have generated more traffic coming to and from this site than this
concept will generate. This condition has been planned for. The site drains
through an inlet. There was an existing storm sewer that goes under the
private drive and out to the northwest and into a second detention pond.
There will be shallow on -site detention in the parking lot. There was a
second detention pond located between the two ditches. Water leaves those
through another storm sewer and is conveyed through the lower of the two
ditches and was discharged directly into Spring Creek. This was already in
place except for the inlets for this project.
Bruno Procopio, Amoco representative, stated that the vaulted tanks were in
areas where there are high water tables. He stated that they follow state
and local standards and guidelines. He added that they felt this was an
area they should locate in to stay up with the customers they have.
Member Edwards asked if the canopy signage is similar to the Vail signage.
Mr. Percopio stated that the sign that was preferred was 5'6" x 6'6". He
stated that they would basically be replacing the current Raintree sign.
The canopy signage was the only sign that shows their identification. They
have agreed to cut it down and are willing to give up the food shop signs
on the other three sides.
Ms. Albertson -Clark responded to the question as to why a neighborhood
meeting was not held. She stated that the original Raintree project was
approved in 1979 and the most recent phase plan for this area was in 1985.
that phase plan was approved after the time we started neighborhood meet-
ings. The basis for the decision not to hold a meeting was because there
was an approved plan for the entire area, much of that area had already
developed prior to this project being submitted, and there was a previously
approved plan on this particular area that staff felt was a more intensive
use. She stated, as far as why this was not considered a convenience cen-
ter, that Council just adopted the convenience center policies and staff
has not applied those as of yet. This project and the C.A.T. project were
submitted prior to the adoption of that policy. This was reviewed as a
neighborhood shopping center project and, based on that, scored a 57%.
Staff also evaluated other point charts and this project scored 66% on
Business Services Uses and 69% on Auto -Related Roadside Commercial Uses
point charts. On the site plan, parking was indicated on both phases. A
parking ratio of 5 spaces per 1,000 square feet has been used by the appli-
cant. This ratio was a guideline that staff used, not a requirement for
parking. The only requirement for parking was based on the number of
employees, which required two spaces for every three employees. The LDGS
provides a basis for locational criteria for each of the specific use cate-
gories and each project was evaluated on site design and characteristics.
Member Kern asked about the proposal of a sign that will be 10 or 10-1/2
feet tall sitting on a 3 foot berm.
Planning and Zoning and Meeting
September 26, 1988 utes
Page 17
Ms. Albertson -Clark stated that the monument sign with the addition of the
words "Amoco" and the logo on top will be a total height of 9'6". There was
an existing 3 foot berm in that area. She then showed a slide of the exist-
ing sign. She stated that the existing sign can be completely removed and
reconstructed at the south end of the site. The existing sign was 9' x 5'6"
which does include the base in the height.
Mr. Peterson stated that at this point, staff has made its recommendation
and staff believed that it is the Board's role to decide which direction
they wish to take.
Member Walker asked if the master plan allowed this use on the site and if
anything would be accomplished approving this preliminary.
Ms. Albertson -Clark stated that many of the preliminary plans were referred
to as paper plans, meaning things we may or may not see in the future. The
level of detail provided was adequate to meet the preliminary requirements
which included the building elevations and signage.
Member Edwards moved to approve the preliminary drive-thru site with the
condition that, if seen on final, the drive-thru lanes, access and signage
be addressed, and to preliminarily approve the gas station/car wash site
and that in the essence of and in the need for even-handedness and fair
play, the Board not create an unfair competitive advantage that the issue
of signage be a condition of that preliminary approval or that the final be
withheld conditional upon resolution of additional information on signage.
Before that information was available, it must quantify the impacts of
heights of signage, setbacks from the street and that there was not suffi-
cient information presented tonight to make that decision. Member Kern sec-
onded the motion.
Member Edwards commented that this location was an intense battleground. He
felt that what was good for one was good for the other. He felt that staff
was the entity that can best negotiate a proper resolution of potential
conflict.
Member Walker commented that the ground sign concerned him since it was
over 9 feet tall. He felt that plans should be smaller. The Conoco sign
dealt with everything in a smaller sign. He felt the canopy sign was inap-
propriate for the site.
Chairperson O'Dell concurred with Member Walker pertaining to the ground
signage.
Motion to approve the preliminary requests carried 7-0.
Chairperson O'Dell called for a vote to complete the agenda at this time.
Motion to complete the agenda denied 5-2, with Members Edwards and Shepard
voting yes.
The meeting adjourned at 11:45 p.m. and will reconvene on October 3, 1988.