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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2005 - FIRST READING OF ORDINANCE NO. 173, 2005, AMENDING ITEM NUMBER: 45 AGENDA ITEM SUMMARY DATE: December20, 2005 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT First Reading of Ordinance No. 173,2005,Amending Section 4.16(B)(2)(c)of the Land Use Code (Text Amendment). RECOMMENDATION Staff recommends denial of the request. EXECUTIVE SUMMARY The applicant is J & M Automotive which owns 425 and 429 North College Avenue. This is a request to amend the text of the Land Use Code so that three additional auto-related uses would become permitted in the C-C-R, Community Commercial—Poudre River zone district. The three uses are Vehicle Minor Repair; Vehicle Major Repair and Vehicle Sales and Leasing. The affected code section is 4.16(B)(2)(c) which is the permitted use list for land uses that are subject to administrative review (Type One). The applicant further requests that these three uses be conditioned upon abutting North College Avenue and being 300 feet from the Poudre River. BACKGROUND History and Current Conditions In 1996,the property was rezoned from I-G,General Industrial,to R-C,River Corridor in fulfillment of both the Poudre River Trust Land Use Policy Plan and the Downtown Plan. In 1997, City Plan supplanted the R-C zone with the C-C-R zone and the subject parcels were placed in the C-C-R to implement City Plan. The existing operation at 425 North College is known as J & M Automotive. The three uses presently being conducted on the property are considered Vehicle Minor Repair, Vehicle Major Repair and Vehicle Sales and Leasing. This is an active operation that was in existence prior to adoption of the Land Use Code. The business has not been discontinued for more than 12 legal non-conforming. . consecutive months. Therefore, the three uses are considered 1 g The parcel at 429 North College Avenue was formerly occupied by the State of Colorado for vocational and technical training for teaching vehicle emissions testing and procedures. In addition, the parcel was used for Vehicle Minor Repair. The Vocational and Technical Training has been December 20, 2005 -2- Item No. 45 discontinued for over 12 consecutive months(as of August 2004). The property continues,however, to be used for Vehicle Minor Repair which is considered legal non-conforming. With respect to 429 North College Avenue, the Zoning Administrator has ruled that no repair, servicing or maintenance activities can be conducted at 429 North College Avenue on vehicles that are offered for-sale or intended to be offered for- sale by J & M Import Auto Sales, J & M Automotive or any other entity conducting auto sales from 425 North College Avenue. Additionally,no major vehicle repair activities can be conducted on the property and no"for-sale" vehicles can be parked, displayed or stored on the property at 429 North College Avenue. These uses have no history on the parcel and therefore, do not enjoy any grandfather privilege. Summary of the Applicant's Request The applicant proposes that the text of the C-C-R zone be amended to add three land uses: • Vehicle Minor Repair; • Vehicle Major Repair; and • Vehicle Sales and Leasing. None of these uses are presently permitted in the C-C-R zone. The definitions of these uses are attached. The applicant further proposes to add qualifier language such that these three new proposed uses would be subject to: Provided such use abuts North Colle a Avenue and is located at least 300 eet away S .f Y from the top of the bank of the Cache La Poudre River. The effect of adding this qualifier to the three proposed new uses limits the practical location to only two properties in the C-C-R zone-425 and 429 North College Avenue. The applicant contends that the two buildings have useful life remaining as auto-related uses. Therefore, the applicant makes the following two assertions: A. The current legal non-conforming uses should be continued and, therefore, made conforming by adding three auto related uses to the C-C-R zone. B. Two additional auto-related uses should be permitted on 429 North College Avenue by adding three auto related uses to the C-C-R zone. If the Text Amendment Is Approved With respect to 425 North College Avenue,the Text Amendment would convert all three legal non- conforming uses to permitted uses without triggering any additional review process or site improvements. December 20, 2005 -3- Item No. 45 With respect to 429 North College Avenue, the Text Amendment would convert the single legal non-conforming use (Vehicle Minor Repair) to a permitted use without triggering any additional review process or improvements. If Vehicle Major Repair or Vehicle Sales and Leasing are added to this lot, then a Change of Use application process, subject to Type One review is required. This review process would trigger site improvements to bring the lot up to the standards of the Land Use Code. If the lots are combined into a single consolidated business operation,with shared parking, shared inventory, shared mechanical bays, and Vehicle Major Repair and Vehicle Sales and Leasing are desired on 429 North College, then this would trigger site improvements on 425 North College as well. Site improvements may include landscaping, screening, construction of a connecting walkway, etc. Staff Analysis A. Definitions of Non-Conforming The three uses on 425 North College Avenue and the one use on 429 North College Avenue are legal but do not conform to the C-C-R zone. The C-C-R zone was adopted in 1997 as a result of City Plan and the Poudre River Corridor Study. For clarification, according to the Land Use Code, the definition of Non-conforming Use is provided: "Nonconforming use shall mean either a use which was lawful and nonconforming under prior law on the day before the effective date of this Land Use Code or subsequent amendment thereof,or with respect to lands newly annexed,a use which was lawful immediately before annexation but which does not conform to the use regulations for the zone district in which such use is located either at the time of annexation or as the result of subsequent amendments to this Land Use Code." Article Five allows for further clarification of a term or definition from specific sources. According to The New Illustrated Book of Development Definitions, by Harvey S. Moskowitz and Carl G. Lindbloom (Center for Urban Policy Research, Rutgers University. N.J. 1997), the definition of "Non-conforming Use"is provided: "A use or activity that was lawful prior to the adoption,revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district." B. Poudre River Trust Land Use Policy Plan and Downtown Plan The Poudre River Trust Land Use Policy Plan was adopted in 1986. The Downtown Plan was adopted in 1989. These Plans created a vision and expression of a desired future for the downtown area that was, at that time, zoned I-G, General Industrial. The Plans called for the area generally north and east of Jefferson Street to be re-designated as the"Poudre River Corridor." The purpose of the rezoning was to implement the vision of the Poudre River Trust Land Use Policy Plan and the December 20, 2005 -4- Item No. 45 Downtown Plan. Ordinances No. 126, 1996 and No. 127, 1996 amended the zoning map and the R-C, River Corridor zone respectively. C. Poudre River Land Use Plan and City Plan Between 1996 and 1997, Staff further analyzed the Poudre River corridor under the context of City Plan. The result was principles and policies enumerated in City Plan as PRC 1 —9. (See attached.) The basic thrust of these principles and policies was to divide the R-C,River Corridor zone into two new zone districts: River Downtown Redevelopment District(R-D-R) Community Commercial—Poudre River District (C-C-R) The permitted uses and development standards of these two zones are specifically designed to implement City Plan as it relates to the Poudre River. The essence of City Plan and these two new zone districts is consistent with previous analyses that call for integrating the corridor with downtown-like uses but in an ecologically sensitive manner that respects the riparian character and habitat. D. Downtown Strategic Plan The Downtown Strategic Plan was adopted in February of 2004 and remains consistent with earlier planning efforts with regard to encouraging a functional yet sensitive relationship between downtown and the Poudre River corridor. E. Development and Planning Activity in the Vicinity • Cherry Street North • Cherry Street Station • Penny Flats • Discovery Museum and Science Center Three of these projects are in the planning phase while one is under construction. This level of activity indicates that both the public and private sector are making economic decisions that value the area. While perpetuating legal non-conforming uses is allowed under the "grandfather" privilege, adding and expanding non-conforming uses clearly violates the intent of the Land Use Code that legal non-conforming uses should be phased out over time. This is especially important given the evidence of significant public and private investment in the immediate vicinity. Staff Conclusion There is compelling evidence that the City has expended significant efforts to analyze the existing and future land use patterns along the Poudre River in order to convert the historic industrial core into a logical extension of downtown, while at the same time, blending new development with natural resource protection. The evolution of zone districts, from I-G (General Industrial)to R-C (River Corridor)to C-C-R(Community Commercial—Poudre River)and R-D-R(River Downtown Redevelopment),reflects the values of integrating the downtown type land uses within the setting of the Poudre River. In addition, sensitive redevelopment opportunities are envisioned. December 20, 2005 -5- Item No. 45 Auto related uses are not a part of this vision and, therefore, are not included in the permitted use lists for either the R-D-R or C-C-R districts. In the short term, such uses are allowed expansions and enlargements in accordance with Section 1.5,Nonconforming Uses and Structures, of the Land Use Code. This acknowledges the practical reality of the current business establishments and allows expansions up to 25%. In the long term, however, it is clear that non-conforming auto related uses do not implement the vision for the Poudre River corridor,particularly in the downtown area. Findings of Fact In evaluating the request for a Text Amendment to the C-C-R zone that would allow three new auto- related uses, subject to abutting North College Avenue and being at least 300 feet from the Poudre River, staff made the following findings of fact in the Staff Report to the Planning and Zoning Board: A. In 1986, the Poudre River Trust Land Use Policy Plan was adopted and identified policies that would enhance and facilitate both existing and future businesses,housing,recreational, educational, and cultural activities while preserving important fish and wildlife habitats and open space along the river. The Plan called for the adoption of the Downtown River Corridor zone district. The subject parcels were included in the boundary of this policy plan. B. In 1987, the City adopted the R-C, River Corridor zone which defined the permitted uses, established performance standards, landscape standards,minimum area of lot and site plan review requirements. This zone was designed to implement the two aforementioned plans. C. In 1989, the City adopted the Downtown Plan which reinforced the concept of converting the I-G type uses to a land use pattern that complemented and supported the land typically associated with Downtown. D. In 1996, the City down-zoned the I-G, General Industrial zone district into the R-C, River Corridor zone. The subject parcels were included in this rezoning. E. In 1997, in order to implement City Plan,the parcels were placed into the C-C-R zone. F. The plans and polices of these efforts indicate that auto-related uses are not a part of the long term vision of the Poudre River corridor as it relates to the downtown area. PLANNING AND ZONING BOARD RECOMMENDATION On November 17,2005,the Planning and Zoning Board voted 4-1 to recommend denial of the Text Amendment, #37-05, to add the following uses to C-C-R zone district: Vehicle Minor Repair, Vehicle Major Repair and Vehicle Sales and Leasing,subject to abutting North College Avenue and being at least 300 feet from the Poudre River. ORDINANCE NO, 173 , 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 4. 16(B)(2)(c) OF THE LAND USE CODE WHEREAS, on March 18 , 19971 by Ordinance No . 051 , 1997 , the Council of the City of Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code") ; and WHEREAS , the Council has received a request for a proposed amendment to Section 4. 16(B)(2)(c) from J & M Automotive for the addition of uses known as "Vehicle Minor Repair" , "Vehicle Major Repair" and "Vehicle Sales and Leasing" upon condition that any such uses abut to North College Avenue and be at least 300 feet away from the top of the bank of the Cache la Poudre River; and WHEREAS, the staff of the City and the Planning and Zoning Board have reviewed the proposed amendment and have recommended that the Land Use Code not be amended in accordance with the request from J & M Automotive; and WHEREAS , notwithstanding the recommendation of the staff and the Planning and Zoning Board, the Council has determined that the proposed amendments are in the best interests of the City and its citizens . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 4 . 16(B)(2)(c) of the Land Use Code is hereby amended to read as follows : (c) Commercial/Retail Uses : 20 . Vehicle minor repair provided that such use abut North College Avenue and be located within three hundred (300) feet from the Cache la Poudre River. 21 . Vehicle major repair provided that such use abut North College Avenue and be located within three hundred (300) feet from the Cache la Poudre River. 22 . Vehicle sales and leasing provided that such use abut North College Avenue and be located within three hundred (300) feet from the Cache la Poudre River. Introduced, considered favorably on first reading, and ordered published this 20th day of December, A. D . 2005 , and to be presented for final passage on the 3rd day of January, A.D . 2006 . Mayor ATTEST : City Clerk Passed and adopted on final reading this 3rd day of January, A. D . 2006 . Mayor ATTEST : City Clerk i POL CCR POL POL Cache la P °udre River Cac he La Poudre River LEE MARTINEZ PARK 4 9 North College Colorado State University POL Engines and Energ SITE Conversion Labo ory c 425 rth College Qsed OLD FO T COLLINS HERITAGE PARK Mason Street J covery Scienc C North nter Mus m erry ew Northside 317&325 Cherry t f C ERRY ST AfZ/an Center N a o 0 a MAPLE ST Z D 1 N. College WAS INGTON ARK City Bldg. D wnt 15 Masoj Tran it City Bldg. Cent r Q EFFE ON 3 O w D O x z O BCD r Z D I LAPOR'cAVE LNLTST J & M Automotive 11/1/05 N Text Amendment A 1 inch equals 300 feet DEFINITIONS Vehicle major repair, servicing and maintenance shall mean any building, or portion thereof, where heavy maintenance activities such as engine overhauls, automobile/truck painting, body or fender work, welding or the like are conducted. Such use shall not include the sale of fuel, gasoline or petroleum products. Vehicle minor repair, servicing and maintenance shall mean the use of any building, land area, premises or portion thereof, where light maintenance activities such as engine tune-ups, lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing or the like are conducted. Vehicle sales and leasing for cars and light trucks shall mean the use of any building, land area or other premises for the display and sale or lease of any new or used car or light truck, and may include outside storage of inventory, any warranty repair work or other repair service conducted as an accessory use. Petition For Land Use Code Text Amendment 425 & 429 North College Avenue Property Owner: Mike Reiger J&M Automotive 425 North College Avenue Fort Collins, CO 80524 ConsuItantfAppl!cant: Troy Jones M. Torgerson Architects 223 North College Ave. Fort Collins, CO 80524 Summary of the Request: The properties at 425 &429 North College Avenue are the only properties within the CCR zone district that have buildings currently used for automotive repair or sales. J&M Automotive, a company that services vehicles and sells used automobiles, has traditionally owned and operated at 425 North College Avenue. Their business is very successful, and needs to expand. About a year ago, J&M purchased the property at 429 North College Avenue with the intent of expanding the operation onto that site. After purchasing the property, the owners of J&M Automotive sadly discovered that although the newly acquired site at 429 North College is "grandfathered" in as a vehicle minor repair operation, adding vehicle sales and major repair are not permitted in the CCR zone. The request is simply to add permitted uses in the CCR zone that would allow J&M Automotive to operate their business on both 425 & 429 North College Avenue as a legal permitted use. Applicable Code Criteria: 2.9.4(H)(1) Text Amendments & Legislative Rezonings "Amendments to the text of this Land Use Code . . . . . are matters committed to the legislative discretion of the City Council, and decisions regarding the same are not controlled by any one (1)factor." 4.16(A) Purpose of the CCR Zone District. "The Community Commercial - Poudre River District (C-C-R) is for downtown fringe areas in the Cache La Poudre River corridor with both public street frontage and River frontage. This District provides locations for redevelopment or development of moderate intensity uses that are supportive of Downtown, subject to floodplain restrictions. Such redevelopment or development shall be compatible with the scenic, cultural, natural and historical context of the River and Downtown. A main purpose of the District is to foster a healthy and compatible relationship between the River, the Downtown and surrounding urban uses. Any significant 1 redevelopment shall be designed as part of a master plan for the applicable group of contiguous properties." 4.16(B) Permitted Uses in the CCR Zone District. The automotive uses of"vehicle minor repair, servicing and maintenance establishments," "vehicle major repair, servicing and maintenance establishments," and "vehicle sales, leasing and rentals with outdoor storage" are not permitted in the CCR Zone District. Existing Text of LUC (With Changes in Red): 4.16 COMMUNITY COMMERCIAL - POUDRE RIVER DISTRICT (C-C-R) (B) Permitted Uses. (2) The following land uses are permitted in the C-C-R District, subject to administrative review: (c) Commercial/Retail Uses: 1. Bed and breakfast establishments. 2. Standard and fast food restaurants (without drive-in or drive- through facilities). 3. Grocery stores (occupying between five thousand [5,000] and forty-five thousand [45,0001 square feet). 4. Personal and business service shops. 5. Offices, financial services and clinics. 6. Artisan and photography studios and galleries. 6. Health and membership clubs. 8. Entertainment facilities and theaters. 9. Lodging establishments. 10. Clubs and lodges. 11. Limited indoor recreation establishments. 12. Convenience retail stores without fuel sales. 13. Veterinary facilities and small animal clinics. 14. Child care centers. 15. Dog day care facilities. 16. Print shops. 17. Food catering or small food product preparation. 18. Exhibit halls. 19. Adult day/respite care centers. 20. Vehicle minor repair, servicing and maintenance establishments, provided such use abuts North College Avenue and is located at least 300 feet away from the top of the bank of the Cache La Poudre River. 21. Vehicle major repair, servicing and maintenance establishments, provided such use abuts North College Avenue and is located at least 300 feet away from the top of the bank of the Cache La Poudre River. 22.Vehicle sales, leasing and rentals with outdoor storage Provided such use abuts North College Avenue, and is located at least 300 feet away from the too of the bank of the Cache La Poudre River. (d) Industrial Uses: 2 1. Workshops and custom small industry uses. (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. 2. Wireless telecommunication facilities. 3. Satellite dish antennas greater than thirty-nine (39) inches in diameter. Justification of LUC Text Amendment: Although it is clear in the purpose statement of the CCR zone district that the ultimate vision of the zone district is to provide locations for redevelopment or development of moderate intensity uses that are supportive of Downtown, and are compatible with the scenic, cultural, natural and historical context of the River and Downtown, and even though both sites (425 & 429 N. College)will be appropriate for redevelopment in the future, we contend that the time is not right to force redevelopment of the property. There is still useful life in the existing buildings as automotive uses, and we therefore propose that in this case, the current land uses of J&M Automotive (minor/major vehicle repair& vehicle sales) should be added as a permitted use on both properties. The purpose statement of the CCR zone does not seem to indicate that there is a hurry to aggressively drive small non-conforming land uses out of the zone district, but rather to upgrade the character of properties upon redevelopment. We see the continuation of automotive uses on these properties not as development or redevelopment, but the a sensible and responsible way to allow the buildings that were built for automotive uses, to finish out the rest of their useful building life before ultimately being phased out for redevelopment. Conclusion of Request. Fundamentally, the request boils down to a value judgment about when it is appropriate to phase out older non-conforming land uses. We contend that it should happen at the end of the useful life of the buildings. 3 : - ■ � 2 - � 2 O - � - � ■ k ( § � ■ \ I - y --" . . � . . . . . . .� r Le O � O ry c� w c< U N a) N U U Division 4.16, Community Commercial-Poudre River District Division 4.16 DIVISION 4.16 COMMUNITY COMMERCIAL-POUDRE RIVER DISTRICT(C-C-R) (A) Purpose. The Community Commercial -Poudre River District(C-C-R) is for downtown fringe areas in the Cache La Poudre River corridor with both public street frontage and River frontage. This District provides locations for redevelopment or development of moderate intensity uses that are supportive of Downtown,subject to floodplain restrictions. Such redevelopment or development shall be compatible with the scenic, cultural, natural and historical context of the River and Downtown. A main purpose of the District is to foster a healthy and compatible relationship between the River, the Downtown and surrounding urban uses. Any significant redevelopment shall be designed as part of a master plan for the applicable group of contiguous properties. (B) Permitted Uses. (1) The following uses are permitted in the C-C-R District,subject to basic development review,provided that such uses are located on lots that are part of an approved site specific development plan: (a) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2 Accessory uses. (b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units),provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations Article 4,Page 108 supp. 19 Division 4.16, Community Commercial-Poudre River District Division 4.16(B) in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided,however,that such existing use shall constitute a permitted use only on such parcel of property. (d) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. (2) The following land uses are permitted in the C-C-R District, subject to administrative review: (a) Residential Uses: 1. Single-family attached dwellings. 2. Two-family dwellings. 3. Group homes. 4. Multi-family dwellings. 5. Mixed-use dwelling units. (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Public and private schools, including colleges, universities, vocational and technical training. 3. Community facilities. 4. Public facilities. 5. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. 6. Golf courses. 7. Cemeteries. Article 4,Page 109 Supp. 18 Division 4.16, Community Commercial-Poudre River District Division 4.16(B) (c) Commercial/Retail Uses: 1. Bed and breakfast establishments. 2. Standard and fast food restaurants(without drive- in or drive-through facilities). 3. Grocery stores(occupying between five thousand [5,000] and forty-five thousand [45,000] square feet). 4. Personal and business service shops. 5. Offices, financial services and clinics. 6. Artisan and photography studios and galleries. 7. Health and membership clubs. 8. Entertainment facilities and theaters. 9. Lodging establishments. 10. Clubs and lodges. 11. Limited indoor recreation establishments. 12. Convenience retail stores without fuel sales. 13. Veterinary facilities and small animal clinics. 14. Child care centers. 15. Dog day care facilities. 16. Print shops. 17. Food catering or small food product preparation. 18. Exhibit halls. 19. Adult day/respite care centers. Article 4,Page 110 supp. 18 Division 4.16, Community Commercial-Poudre River District Division 4.16(B) (d) Industrial Uses: 1. Workshops and custom small industry uses. (e) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. 2. Wireless telecommunication facilities. 3. Satellite dish antennas greater than thirty-nine 39 inches in diameter. (3) The following uses are permitted in the C-C-R District,subject to review by the Planning and Zoning Board: (a) Residential Uses: 1. Boarding and rooming houses. 2. Single-family detached houses located on lots containing no more than six-thousand (6,000) square feet. 3. Fraternity and sorority houses. (b) Institutional/Clvic/PubHe Uses: 1. Public and private schools for elementary, intermediate and high school education. 2. Long-term care facilities. (c) Commercial/Retail Uses: 1. Retail establishments. 2. Funeral homes. 3. Unlimited indoor recreational uses and facilities. 4. Day shelters, provided that they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty(1,320) feet(one-quarter [I/4] mile) of a Transfort route. 5. Small scale reception centers. Article 4,Page 111 supp. 18 Division 4.16, Community Commercial-Poudre River District Division 4.16(C) (C) Prohibited Uses. All uses that are not(1)ex allowed as permitted expressly uses in this Section or (2) determined to be permitted by the Director pursuant to Section 1.3.4 of this Land Use Code shall be prohibited. (D) Development Standards. (1) Prospect Road Streetscape Program. (a) All development in this zone district that is located within the planning area for the Prospect Road Streetscape Program shall also comply with the Prespect Road Streetscape Standards as adopted by the city,to the extent that such Standards apply to the property proposed to be developed. (2) Streets and Connections. (a) To the extent reasonably feasible, the layout of new streets and walkways on-site shall emphasize the characteristics and views of the River landscape utilizing special street design features such as divided lanes, landscape islands,curb bulges and landscape solutions to drainage instead of standard curb and gutter. (3) Buildings. (a) Massing and placement. 1. Height/Mass. The maximum building height shall be three (3) stories. If multi-story buildings are included in a development,such buildings shall be designed to step down to one (1) story directly abutting the natural area protection buffer. 2. Parking lots. Buildings shall be sited so that any new parking lots and vehicle use areas are located in either: 1) interior block locations between buildings that face the street and buildings that face the River, or 2) side yards. Article 4,Page 112 Supp. 18 Division 4.16, Community Commercial-Poudre River District Division 4.16(D) (b) Character and image. 1. Outdoor spaces. Buildings and extensions of buildings shall be designed to form outdoor spaces such as balconies, arcades,terraces, decks or courtyards, and to integrate development with the landscape to the extent reasonably feasible. 2. Windows. Windows shall be individually defined with detail elements such as frames, sills and lintels, and placed so as to visually establish and define the building stories and establish human scale and proportion. Glass curtain walls and spandrel-glass strip windows shall not be used as the predominant style of fenestration for buildings in this District. This requirement shall not serve to restrict the use of atrium,lobby or greenhouse- type accent features used as embellishments to the principal building. 3. Rooflines. A minimum pitch of 8:12 shall be used for gable and hip roofs to the maximum extent feasible. Where hipped roofs are used alone, the minimum pitch shall be 6:12. Flat- roofed buildings shall feature three-dimensional cornice treatment on all walls facing streets, the River or connecting walkways, unless they are stepped and terraced back to form a usable roof terrace area(s). A single continuous horizontal roofline shall not be used on one-story buildings except as part of a design style that incorporates corbelled masonry and/or cornices. (c) Color/Materials. 1. Predominant building colors shall be subdued or neutral shades, within a medium or moderately dark range of value, and not white or reflective. Article 4,Page 113 Supp. 18 Division 4.16, Community Commercial-Poudre River District Division 4.16(D) 2. Textured unit masonry such as brick, stone and tinted,variously textured concrete masonry units, as well as treated wood siding, shall be used in repeating pattern as integral parts of the building fabric to the maximum extent feasible. Any other exterior materials,if used,shall be used as integral parts of the overall building fabric, in repeating modules, proportioned both horizontally and vertically to relate to human scale, and with enough depth at joints between architectural elements to cast shadows. (4) Site Design. (a) Landscaping/Vegetation Protection. The natural quailties of the River landscape shall be maintained and enhanced using plants and landscape materials native to the River corridor in the design of site and landscape improvements. (Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§51-54, 12/15/98; Ord. No. 99, 1999 §25, 6/15/99; Ord. No. 165, 1999 §43, 11/16/99; Ord. No. 183, 2000 §35, 12/19/00; Ord. No. 204, 2001 §§1,49, 50, 12/18/01; Ord.No. 087, 2002 §§39, 40, 6/4/02; Ord.No. 090,2003 §§11, 17, 6/17/03; Ord. No. 173, 2003 §34, 12/16/03; Ord. No. 091, 2004 §§40, 41, 6/15/04) Article 4,Page 114 supp. 18 ��l�G� �iWFJL Cd/1JltiA�OIL The Poudre River Corridor is highlighted in City Plan because of its special significance to the entire Fort Collins community. The Poudre River Corridor bisects the northern third of the City, from LaPorte in the northwest, for approximately eight (8) miles to Timnath in the southeast. The width of the corridor varies from less than one-quarter (1/4) mile to nearly one and one-half(llh) miles, depending on natural features and existing land uses. The special significance of the Poudre River Corridor has been recognized in a series of planning documents adopted by the City Council over many years. Among the consistent findings of past planning studies, are the following: ■ The riparian ecosystem of the Poudre River Corridor has outstanding natural values and is vital to the maintenance of biodiversity, wildlife habitats, and native plant communities in Fort Collins. • Lands within the Poudre River Corridor are important components of the City's parks system and recreation programs. • The Cache la Poudre River is a dynamic river system and is subject to flooding, bank erosion, channel movement, and other natural hydrologic processes. ■ The Poudre River Corridor offers outstanding opportunities as a laboratory for the community to learn about and celebrate our historic, cultural, and natural heritage. ■ The Poudre River Corridor has always been a central focus in the history and development of the Fort Collins community. • The highest rated positive image in the Visual Preference Survey:M, conducted by the City in 1995, was a scene of the natural setting in the riparian corridor along the Poudre. This was confirmed with the development of characteristics that define the future of our City, as described in Appendix D. ■ The Poudre River Corridor bisects the community and is intricately interwoven within the urban fabric of the City. ■ Gravel mining and reclamation are an important determinant of the landscape within the Corridor. The principles and policies for the Poudre River Corridor are intended to maintain a mixed-use corridor in which the river and surrounding lands are carefully managed to: (1) protect and enhance a diverse set of public values; and (2) allow appropriate private uses within the corridor. The public values that are important within the corridor include: ■ Natural areas, wildlife habitat, environmental and water quality • Recreation, parks, trails, and designated public access areas ■ Rural character and agricultural use • Floodplain and flood hazard management Principles and Policies Poudre River Corridor Ma�64_ _�._�. _ _ 229 ell - 11011010 River Segments —Cadre Is Poudre River ry-� River CorrMor W, W — Streets N 4� ((((, 1 i i F 1 - Rural Open Lands 1 I eg pie no 2- Community River 3- Historic and Cultural Core a 4- Science and Education i 5- Conservation Open Lands IN an HARMONY RO Policy PRC-1.1: Poudre River Segments c. Historic and Cultural'Core Segment (College Avenue to Lemay Avenue). This segment of the river includes many of the community's oldest and most significant historic and cultural features, the Old Town Historic District, and the Downtown. Land uses in the area should be more flexible than in other river segments and emphasize connecting the river to Downtown, providing multi-purpose spaces that celebrate the historic relevance of the river to the community, continue the important and unique relationship between the waterway and surrounding urban environment, and maintain those natural elements of the river as it passes through the Downtown. To the extent feasible, the floodplain will be protected and natural habitat, wildlife movement, floodplain and recreational values will be maintained. Redevelopment opportunities will be permitted. Principles and Policies Poudre River Corridor 231 Policy PRC-2.2 Natural Area Protection Buffers. Natural area protection buffers will be maintained along both banks of the Poudre River to protect natural features and scenic qualities, and to account for the natural instability of the river channel. Wherever possible, the buffer should be a minimum of three hundred (300) feet wide, beginning at the outer limits of the river bank, or areas of riparian vegetation. One known exception to this general policy Is the stretch of the river between North College Avenue and Lincoln Avenue, where a narrower minimum buffer distance is more appropriate due to the constraints of existing development and the area's proximity to downtown. Policy PRC-2.3 Restoration and Enhancement. The City will restore or enhance degraded or disturbed areas of the Poudre River Corridor to improve natural habitat conditions, aesthetic and recreational values. Restoration and enhancement projects may be performed cooperatively with adjacent private landowners and volunteer community groups. Policy PRC-2.4 Instream Flows. The City will coordinate with appropriate agencies, when possible, to provide adequate instream flows to maintain the ecological, recreational, and scenic values of the river in the Poudre River Corridor. PRINCIPLE PRC-3: The City will provide enhanced recreation opportunities within the Poudre River Corridor, with an emphasis on scenic values, heritage education, and interpretation. Policy PRC-3.1 Environmental Sensitivity. Recreational features within the Poudre River Corridor will be located and designed in a way to avoid or minimize impacts to natural areas, wildlife habitats, water quality, and other environmental values. Policy PRC-3.2 Parks and Recreation Sites. In addition to existing facilities such as Lee Martinez Park, the Parks and Recreation Policy Plan includes new recreation facilities in the Poudre River Corridor. Emphasis will be placed on integrating natural, historic, cultural, and environmental values within new public recreation sites. Policy PRC-3.3 Poudre River Trail. The Poudre River Trail system will be extended upstream to Overland Trail Road and downstream to Harmony Road. The regional trail system should be extended to Greeley. This will be done in conjunction with Latimer County, Weld County, and other northern Colorado interests, and will be designed and located to avoid or minimize impact to environmentally sensitive areas. Policy PRC-3.4 Trail/Path Linkages. Additional trails or paths will be developed, as appropriate, to link the Poudre River Corridor to adjacent city neighborhoods and districts and provide adequate public accessibility to public areas within the Poudre River Corridor. These trail/path connections will be located and designed to avoid or minimize impacts to environmentally sensitive areas. _Principles and Policies Poudre River Corridor May 4—2-00� 233 PRINCIPLE PRC-5: Historic landmarks and cultural landscapes will be protected within the Poudre River Corridor. Policy PRC-5.1 Historic Landmarks and Cultural Landscapes. Historic landmarks and significant cultural landscapes will be protected to the extent reasonably feasible. This will be accomplished using land acquisition, local landmark designation, conservation easements, land use policies, and development and design standards. Policy PRC-5.2 Heritage Area Designation. The City will support National Heritage Area designation within the Poudre River Corridor using the Federal proposal for the Cache la Poudre National Water Heritage Area, or a State designation that may be developed through the Colorado Heritage Area Partnership Program. PRINCIPLE PRC-6: Scenic and aesthetic qualities within the Poudre River Corridor will be protected and enhanced. Policy PRC-6.1 Visual Resources. Development within the Poudre River Corridor will be located and designed to best maintain or enhance views of the river, its natural setting, the protected corridor features, and the foothills and mountains. Policy PRC-6.2 Landscapes. The City will develop guidelines for landscape treatment and streetscapes within the Poudre River Corridor that include the use of materials that are native to the Poudre River Corridor and will integrate developed areas within the natural context of the river corridor. Policy PRC-6.3 Restoration and Enhancement. Degraded or disturbed areas of the Poudre River Corridor will be restored or enhanced to improve aesthetics, recreational values and natural habitat conditions. Restoration and enhancement projects may be performed cooperatively with private landowners and volunteer community groups. PRINCIPLE PRC-7: The City will encourage integrated heritage and environmental learning opportunities about the Poudre River Corridor and its historic, cultural, and natural heritage. This should be accomplished by integrating education with interpretation, which may include interpretive trails, educational facilities, outdoor laboratories for lessons on wildlife habitat, gravel extraction and reclamation, IIoodplain management, rural heritage, farming, pollution prevention, and conservation/reconstruction of historic sites and structures. Principles and Policies Poudre River Corridor 235 Related Plans & Policy Background Idsues and Policy Plans 0 Historic Resources Preservation Program Plan: includes a process to identify resources eligible for protection, provide incentives, and legal techniques appropriate to accomplish historic preservation (1993). Natural Areas Policy Plan: identifies and evaluates important natural areas within the Growth Management Area regarding ecological significance, sensitivity to impact, and the need for conservation (1992). Parks and Recreation Policy Plan: an inventory and assessment of needs, specific recommendations, and implementation options for parks, recreation and open space (1996). Related Planning/Policy Documents 4 Framework for Environmental Action: policies, management, program development, recommendations (1992). Watershed Approach to Stormwater Quality Management Update: defines programs to control and-protect the City from floodwaters, and promote clean water in creeks, lakes, and wetlands. Other objectives include citizen participation, trail access and management of natural areas and recreation opportunities (1995). Principles and Policies Poudre River Corridor 237 Planning and Zoning Board Minutes November 17, 2005 Page 2 Hearing Testimony, Written Comments and Other Evidence: This item has been appealed to City Council and a verbatim transcript is attached. Project: Innovation Island, Project Development Plan, #40- 05A Project Description: Request for 27 dwelling units in five buildings on 3.16 acres. The project is located at the southeast corner of West Harmony Road and South Taft Hill Road and zoned LMN, Low Density Mixed Use Neighborhood. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: This item was appealed to City Council and a verbatim transcript is attached. Project: J & M Automotive, 425 and 429 North College Avenue Text Amendment, #37-05 Project Description: Request to amend the text of the Land Use Code so that three additional auto-related uses would become permitted in the CCR, Community Commercial Poudre River zone district. The three uses are Vehicle Minor Repair, Vehicle Major Repair and Vehicle Sales and Leasing. Recommendation: Denial Hearing Testimony, Written Comments and Other Evidence: Ted Shepard, Chief Planner gave the staff presentation, recommending denial. Troy Jones, MTA Architects, 223 North College gave the applicant presentation. He stated that what they have tonight is a request in the CCR District to amend the text of the Land Use Code. Mr. Jones gave a background of the CCR zone district showing a DRAFT Planning and Zoning Board Minutes November 17, 2005 Page 3 slide of where those zone districts were located. He stated that there were two properties that comprise the site that is being requested for the Code change. The whole zone district would have the Code change but the way it is worded it would specifically apply only to these two properties. The purpose of the CCR zoning district talks about the ultimate vision of a redevelopment type of scenario which his client and himself whole-heartedly agree that these properties will be something more than they are now. They are going to be a better and higher use. In the interim, the question is when is the appropriate time for that to occur between an automotive type of use and a mixed use type of scenario. The change that they are requesting tonight is to allow this interim use to happen until the market dictates that it is appropriate for redevelopment to happen. Mr. Jones showed slides of the sites and explained that it is currently an automobile dealership selling used cars at the 425 North College Avenue building. They have been operating there for a number of years. A couple of years ago the auto emissions testing center moved out of the building at 429 North College, which is to the north. The Zoning Department had determined that the use was a vehicle minor repair and an automotive school. What they would like to do, since the owners of the auto sales building at 425 have purchased the building at 429, is expand their operations in the interim until it is right for redevelopment and be able to do an expansion of their existing operations. Mr. Jones reported that there are four boundary areas of the CCR zone and currently there is no other automotive repair and automotive sales type of use anywhere in the CCR zone currently. If the Board would allow this Code change it would specifically apply no closer than 300 feet to the Poudre River and it would have to be abutting College Avenue. There is CSU owned property between this site and the river to the east and city owned property north of the river, so it really would only apply to this site. Mr. Jones stated that the purpose of the request is not to say that the ultimate and best use within the CCR zone would be these automotive uses, but currently there is a life span of the building that was recently purchased by his client that was built as a gas station originally and it has a certain life span left to it. It works well as is for an automobile minor repair, major repair and sales and his client is asking to be able to do those operations there until the time that he wants to sell to a developer for redevelopment. Mr. Jones stated there did not seem to be any neighborhood opposition to this request. Planner Shepard wanted to add that the concern about transitioning and life span of buildings —the non-conforming use status does not address that. The non-conforming use status simply says that you're "grandfathered" in. You're grandfathered in as long as you want to stay there and keep doing what you are doing. There is no heavy hand of government coming in shooing people away. He just wanted to clarify that. ®DRAFT Planning and Zoning Board Minutes November 17, 2005 Page 4 Member Lingle stated to him this looks like a request to spot zone for a temporary period of time for one individual property owner that would leave in its wake what could be a permanent code change. He asked the applicant how he would ask the Board to think of that as a community benefit. Mr. Jones replied that he thought the limitation would be desirable from the Board standpoint and ultimately Council, in that we would not open the door to every property in the CCR zone. He suggested that only so that it did not leave the door wide open, however they would be willing to accept anywhere in the CCR zone district. The only reason he wrote it this way is so the Board would know what they would get by approving this. Member Schmidt asked it there was any other mechanism in the city to allow a use like this on a special permit basis for a period of time? Planner Shepard replied no, we do not. He asked the Board to keep in mind that the three uses that are being asked to be added to the zone district are already occurring at 425 North College and those uses are grandfathered-in. The net affect of approving this text amendment is that you would be expanding what is happening at 425 onto a property which does not permit it. Member Schmidt stated she has not seen the Market Report yet for North College, but the Northern Colorado Business Association has always felt concern that there is already an abundance of auto related uses in that area and they don't want to encourage any additional ones. That would be something to consider because this is on the pathway to the North College area and the expansion of auto related uses might not be looked upon favorably by that group. Member Carpenter moved to deny the request to amend the text of the Land Use Code based on the findings of fact and conclusions in the staff report. Member Schmidt seconded the motion. Member Stockover commented that he would not be supporting the motion. He struggled with this one and he thought that the single building that used to be the emissions building sitting there alone is going to be an eyesore forever and he looks at it, if the Board approves this, it would clean it up and they would have to do some improvements and bring it up to Code and it would be a better property in the mean time. Member Schmidt felt the use was being expanded to the other building and it seems like when other businesses on North College change business, they never seem to fix up Planning and Zoning Board Minutes W1 Fr November 17, 2005 Page 5 the buildings or are required to do sidewalks. The reason the J & M got a lot of the improvements they did was because they were all city sponsored when that area was improved. She asked if there would be some requirement by allowing these uses that they would need to change the building and make some sidewalk improvements. Planner Shepard replied that if the text amendment is approved and on 429 North College only, the applicant would then have to apply for a project development plan to do the major vehicle repair and the vehicle sales and leasing, they would already be grandfathered-in for vehicle minor repairs. That would be considered a change of use and that would be then eligible for bringing this site up to standards. Generally speaking this does not mean doing much to the building. Member Schmidt is right and her observations are correct and on North College when there are changes of use, you don't' see a lot of changes to the buildings, but we do have the ability to ask for site improvement such as screening, landscaping and sidewalks. Member Stockover felt we were not gaining anything by denying this. There will still be cars parked there and they will still be doing minor car repair. Who will police it if it is a minor or major repair or who the car belongs to? He thinks that you could clean the site up and it would look better in the interim. Member Schmidt replied that the alternative would be that you would have another used car lot on North College or a larger one than is already there. The motion was approved 4-1 with Member Stockover voting in the negative. Project: Fall 2005 Biannual Revisions, Clarifications and Additions to the Land Use Code. Project Description: Request for a Recommendation to City Council regarding the biannual update to the Land Use Code. Recommendation: Approval Hearinq Testimony, Written Comments and Other Evidence: Planner Shepard gave the staff presentation recommending approval. He reported that a couple of items have been temporarily removed from this ordinance to come back in the near future. As he recalled from the worksession was that most of these items are non-controversial.