HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 12/11/2008Chair Schmidt called the meeting to order at 6:00 p.m.
Roll Call: Campana, Lingle, Rollins, Schmidt, Smith, and Stockover
Unexcused absence: Wetzler
Staff Present: Dush, Eckman, Shepard, and Sanchez -Sprague
Agenda Review. Director Dush reviewed the Consent and Discussion agenda. Of special note at
staff's request, Item 2, Eagle View Third Annexation and Zoning, # 38-08 will be continued to the
January 15, 2009 P&Z Hearing.
Citizen participation:
Cheryl Distaso, Coordinator of the Center for Justice, Peace & the Environment (a local non-profit),
was asked to speak to the Board on behalf of Betty Aragon and the Buckingham neighborhood. Their
concerns are related to noise issues: activities at the New Belgium Brewery especially their movie
nights and the proposed Bohemian Foundations open air amphitheater (across the street from the
Buckingham neighborhood). Concerts could be held at this location up to seven nights a week.
Currently, neighbors taking showers can now hear movie dialogues in their homes. There are also
concerns about the changes proposed with the Downtown Cultural District which will allow the decibel
levels to go up. She's been working with Senior Planner Ted Shepard who has been very helpful
about sharing information. She's here tonight to encourage the Board to be "ultra transparent" with
the process —it's important to keep the neighborhood in the loop on what she thinks will be a
controversial topic. She looks forward to working with the Board throughout this process.
Chair Schmidt was glad the she was already working with Ted Shepard since he is a good source of
information. She invited Ms. Distaso or neighborhood representatives to attend the Board's work
sessions held the 2nd Friday of each month from noon to 3 p.m. at 281 N. College Conference Room
A. Schmidt noted that public dialogue is not available at work sessions but it would be a good place
for getting updates and hearing information being presented to the Board.
Jay Stoner, Wooded Creek Court, said he fundamentally wants to publicly object to the City of Fort
Collins Eagle View Third Annexation which would annex a portion of his property that runs along
Kechter Road between Strauss Cabin Road and 1-25 and a portion of his property along Strauss
Cabin Road.
Member Rollins noted that during the December work session the Board was not made aware the
annexation affected Mr. Stoner's property. Because Eagle View Third Annexation is being continued,
she asked for updated information at the January work session.
Consent Agenda:
1. Minutes from the November 20, 2008 Planning and Zoning Board Hearing
Planning & Zoning Board
December 11, 2008
Page 2
Chair Schmidt asked members of the audience and the Board if they'd like to pull any items from the
Consent Agenda. No one made a request to pull consent agenda items.
Member Stockover moved to approve the consent agenda which includes item # 1, November
20, 2008 Planning and Zoning Board Hearing minutes. Member Smith seconded the motion.
The motion was approved 6:0.
Discussion Items:
3. 525 S. Taft Hill Road —Addition of Permitted Use, # 36-08
Project: 525 S. Taft Hill Road — Addition of a Permitted Use, # 36-08
Project Description: This is a request to add Workshop and Custom Small Industry as an Addition of
a Permitted Use in the Low Density Mixed -Use Neighborhood zone district
specifically for the property at 525 South Taft Hill Road. The property is
developed and improved with two existing buildings. The office building
contains 360 square feet. The shop building contains 1,050 square feet. The
property is platted as Atlas P.U.D. The parcel is .53 acre in size and zoned L-
M-N, Low Density Mixed -Use Neighborhood.
Recommendation: Approval with Conditions
Hearing Testimony, Written Comments and Other Evidence
Staff presentation:
Senior Planner Ted Shepard reported the site was once a gas station and then approved and re-
developed for Atlas Roofing P.U.D. in August of 1997 under the jurisdiction of the Land Development
Guidance System. This P.U.D. has been discontinued and the property is now governed by the Land
Use Code. The proposed use, workshop and custom small industry, is not permitted under L-M-N
zoning.
A neighborhood meeting was held and no objections were raised.
Zoning History:
• The property was included in the West Fort Collins Annexation of 1967 and placed into the B-
L, Limited Business zone district.
• The Royal/Diamond Shamrock gas station was constructed in 1968.
• The underground gas tanks were removed based on a building permit issued in 1987.
• The property remained vacant for approximately ten years.
In February of 1997, the Atlas Roofing Preliminary P.U.D. was approved.
• In March of 1997, the property was rezoned to Low Density Mixed -Use Neighborhood as part
of the city-wide implementation of City Plan.
• In August of 1997, the Atlas Roofing Final P.U.D. was approved.
• In 2005 the Atlas Roofing operation was converted to Home Detailers, a home remodeling
business.
• Spring 2008, Home Detailers was discontinued.
• On August 1, 2008, the owner signed a lease with the lawn mower repair business.
Planning & Zoning Board
December 11, 2008
Page 3
• On November 6, 2008, the owner applied for an Addition of a Permitted Use for a workshop
and custom small industry to allow for a lawn mower repair business in the L-M-N zone.
The proposed use has been reviewed by the criteria of Section 3.5.1 which addresses compatibility
with the surrounding area. Staff recommends that Workshop and Custom Small Industry be added as
an allowable use to 525 South Taft Hill Road. In terms of compatibility, the traffic associated with a
lawn mower repair business would not have a negative impact on the neighborhood or South Taft Hill
Road.
If approved, a Minor Amendment will be required to officially process and document the change of use
and building occupancy. At the time of submittal for a Minor Amendment, the site shall be upgraded
by:
• Adding a bike rack near the front entrance;
• Enlarging trash enclosure to accommodate recycling containers;
• Re -striping the parking lot; and
As a result of the Minor Amendment review process, the site is improved, to the extent
reasonably feasible, as per the recommendations of Development Review Staff and
City of Fort Collins Utilities.
Further, Staff recommends approval, subiect to the following condition: 525 South Taft Hill, Addition of
a Permitted Use for lawn mower repair, shall feature no more than six machines on display at any one
time.
Chair Schmidt asked for the slide that shows the shop and the fence along the side. Is Taft Hill Road
(aka Taft) at the end of the sidewalk? Shepard said there is no fence between the building and the
sidewalk on Taft.
Member Lingle referred to the site zoning history —in 1997, when the property was rezoned to low
density, mixed -use was the Atlas Roofing use compliant with that? Was the PUD (Planned Unit
Development) overlaid to the zoning? Shepard said the Preliminary PUD application and Planning &
Zoning Board approval was in March 1997 prior to when City Plan and the Land Use Code (LUC) was
adopted. The Final PUD was post Land Use Code adoption but on the advice of counsel (City
Attorney's Office), staff honored the Code (LDGS—Land Development Guidance System) that was in
place at the time of application.
Member Lingle asked when Home Detailers was there, was that a use compliant with the LDGS.
Shepard said correct —Zoning considered it to be an equivalent use to Atlas Roofing and there was no
discontinuation of 12 consecutive months.
Member Lingle asked what was triggering the application for Addition of Permitted Use. Shepard said
staff has defined the function of lawn mower repair as a work shop and custom small industry, which
is not a permitted use in the LMN Zone. Lingle asked if it was different than what was defined before
with Atlas Roofing and Home Detailers. Shepard said yes.
Member Smith asked if this property was not located in Northwest Sub -area Plan. Shepard said it's
not in the Northwest Sub -area Plan. It's on the border of two sub -area plans but in neither —it's just a
little strip of Taft Hill Road that was too far northwest for the West Central Plan and too far south for
the Northwest Plan. Smith asked where the southern boundary of the Northwest Sub -Area Plan is.
Shepard said the center line of Mulberry Avenue.
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December 11, 2008
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Applicant's Presentation:
Ed Schneider, 5424 Saratoga Circle, is the owner of the property at 525 S. Taft Hill Road. He owned
both Atlas Roofing (50 employees) and Home Detailers (6 employees) at that location. The Addition
of Permitted Use application is for a lawn mower repair business. The lawn mower repair business
owner has leased the shop from him to run a small operation consisting of two employees. This is
considerably less use than has been there previously. Trip generation is minimized by the pick-up
and delivery service offered by the business.
Schneider reported that Taft is a very noisy street —it's a main arterial for garbage and dump trucks.
The property is a little over 150 feet from the closest residence. To the south is Coffee Craze —a
home occupation business. Their garage is on the north and there's a big fence and a drainage ditch
between them and the shop. 525 South Taft was built to be a commercial property. There's a lot of
space between it and the closest residence. There's double fencing between the back of his property
and the mobile home park to the west. The shop building is in the very northwest part of the property
so it is actually adjacent to the car wash and as far away as you can get from residential.
Schneider said that he's had discussions with Senior Planner Shepard relative to limiting the display
of lawn mowers. At the neighborhood meeting, the sole attendant said he did not want to see '100
lawn mowers there.' Schneider said he wants to comply with not only what's required but what's right
so it was agreed that a display of no more than six lawn mowers would be allowed. He believes
there are a lot of LMN Zone allowed businesses that would have a greater impact than what is being
proposed at this site.
Chair Schmidt asked where would the repair of the lawn mowers take place. She wondered if there
would be noise generated by lawn mowers running a good period of time. Schneider indicated where
the repair shop would be and said a lot of the repair work is blade sharpening and oil changes —things
that do no generate noise. Of course, they'll run them for a tune-up or a carburetor adjustment. If he
had to attribute a time in which the lawn mowers were actually running, he would say less than 50%.
It's a 9-5 business so any noise which would take place would take place when people are at work.
He noted the lawn mower repair business owner is a licensed electrician so in slow times he
supplements his income with electrical work. -
Public Input:
None
Board Questions:
Member Rollins asked where up to six lawn mowers would be displayed. Shepard said they haven't
specified the exact location, they've only specified the quantity. Rollins asked if typically only quantity
and not location is specified. Shepard said there really is no typical.
Chair Schmidt said what the Board is really approving is the addition of a work shop and custom small
industry at this location. If this particular business stops leasing the property, would another small
industry be allowed? Shepard said there can be no occupancy based on an application for the
Addition of a Permitted Use. It has to be followed with a PDP, a major amendment, or a minor
amendment. In this case, the next step for this particular applicant is a minor amendment. Shepard
said so if another business coming in later at this location should deviate from what is approved by the
minor amendment, the property owner would have to do another amendment (major or minor
depending on use).
Deputy City Attorney Eckman said the minor amendment would require staff approval. If the minor
amendment is approved without any conditions (such as motorcycle repair as noted by Chair .
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December 11, 2008
Page 5 .
Schmidt) and it was allowed within this particular use, it could exist even if a transfer of ownership
occurred.
Chair Schmidt asked if allowed in this definition of work shop and custom small industry would it be
allowed once the minor amendment is approved. Eckman said yes, unless the minor amendment is
approved with conditions.
Eckman said if the Board is inclined to approve this request, he noted additional findings (to what's
listed on page 8 of the staff report) in order to approve this request. Those are found in Section 1.3.4
(A) of the Land Use Code. Eckman read into the record the criteria on which Addition of Permitted
Uses (LUC 1.3.4) can be approved, specifically:
(A) Required Findings. In conjunction with a particular development proposal and upon
application by the applicant or on the Director's own initiative, the Director (the.Planning &
Zoning Board as specifically authorized in subparagraphs (5) and (6) below) may add to the
uses specified in a particular zone district any similar use which conforms to all of the
following conditions:
1. Such use is appropriate in the zone district to which it is added;
2. Such use conforms to the basic characteristics of the zone district and the other
permitted uses in the zone district to which it is added;
3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor,
glare or other objectionable influences or any more traffic hazards, traffic generation or
attraction, adverse environmental impacts, adverse impacts on public or quasi -public
facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics,
or other adverse impacts of development, than the amount normally resulting from the
other permitted uses listed in the zone district to which it is added;
4. Such use is compatible with the other listed permitted uses in the zone district to which it
is added;
5. Such use is not specifically listed by name as a prohibited use in the zone district to
which it is added, or if such use is prohibited, the proposed use is specific to the
proposed site, is not considered for a text amendment under paragraph (B) below, and is
specifically found by the Planning and Zoning Board to not be detrimental to the public
good and to be in compliance with the requirements and criteria contained in Section
3.5.1;
6. Such use is not specifically listed as a "Permitted Use' in Article 4 or if such use is not
specifically listed, the proposed use is specific to the proposed site, is not considered for
a text amendment under paragraph (B) below, and is specifically found by the Planning
and Zoning Board to not be detrimental to the public good and to be in compliance with
the requirements and criteria contained in Section 3.5.1 (See Section 2.9 for procedures
for text amendments.)
Eckman said any motion to approve should broadly state it not be detrimental to the public good and
speak to compatibility within the neighborhood. Eckman noted Senior Planner Shepard referenced
compatibility in item F on the Findings of Fact and Conclusion on page 8 of the staff report.
Member Lingle asked Eckman relative to LUC 1.3.4 (A) 3- objectionable noise, etc. that it does not
create things in excess of what would be allowed in the zone district; does it not also apply in this
case to the uses that were approved in the PUD as well? Eckman said yes, that's correct. As long as
the amount of noise (or whatever), does not normally result in more than what would otherwise be
permitted use in the zone district, that would include not only the permitted uses but other approved
uses under the PUD process.
Planning & Zoning Board
December 11, 2008
Page 6
Member Lingle asked Shepard about the condition of approval related to the bike rack. In this
particular case, from a practical point of view, he wondered how someone would ride a bike to the
property and drag their lawn mower behind them. Shepard said the bike rider could be the employee.
Shepard said it's a standard that is being added to a number of projects. Chair Schmidt noted that in
a recent conversation, she learned that bike racks could cost $1,000 installed. Schneider said there
is already a bike rack on the property.
Member Lingle said the uses that were approved prior to this application, particularly Atlas Roofing
and its operations, was considerably more intense both from a noise and a traffic generating
perspective and the fact that there are some protections in place in terms of a minor amendment at a
minimum; he's comfortable with approving this request.
Motion:
Member Stockover moved to approve item # 36-08, 525 S. Taft Hill Road Addition of a
Permitted Use —workshop and custom small industry specifically for the property at 525 S.
Taft Hill Road. In support of the motion he adopts the Findings of Fact and Conclusion:
A. 525 South Taft Hill Road is a fully developed and landscaped site. The buildings
include a small office set behind a large front yard and a shop on the back.
Customer parking is adequate. The outside storage yard is screened from public
view.
B. Up until a few months ago, the site was occupied by Home Detailers. Prior to
that, the site was used by Atlas Roofing as a construction company, and prior to
that by Royal/Diamond Shamrock as a gas station.
C. Atlas Roofing was approved as a P.U.D. August of 1997 which preceded the
Land Use Code.
D. Prior to adoption of the Land Use Code, Workshop and Custom Small Industry
would have been eligible for approval subject to compliance with the Land
Development Guidance System and review by the Planning and Zoning Board.
E. After the adoption of the LUC, Workshop and Custom Small Industry is not a
Permitted Use within the L-M-N zone.
F. Based on the existing building and site improvements, Workshop and Custom
Small Industry at 525 South Taft Hill Road would be considered to be in
compliance with Section 3.5.1 of the Land Use Code, subject to adding a bike
rack near the front entrance, enlarging the trash enclosure to accommodate
recycling containers and re -striping the parking lot.
With the condition that the lawn mower business features no more than six machines on
display at any one time in order to maintain neighborhood compatibility. Also, it is in
compliance with the required findings listed in Section 1.3.4 (A) of the Land Use Code and that
it is not detrimental to the public good. Member Campana seconded the motion. The motion
was approved 6:0.
Chair Schmidt said she would also be supporting the motion. This is something that fits into the area,
will be a good use that will not be detrimental, and will be less intense than what was there before.
Planning & Zoning Board
December 11, 2008
Page 7
Other Business: None
Meeting adjourned at 6:45 p.m.
Current Planning Director