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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2018 - PUBLIC HEARING AND FIRST READING OF ORDINANCE NO.Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY November 6, 2018 City Council STAFF Ted Shepard, Chief Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 132, 2018, Deciding Whether to Approve the Addition of a Permitted Use for 200 East Swallow to Allow Professional Office as a Use, APU 180001. EXECUTIVE SUMMARY The purpose of this item is to consider the recommendation of the Planning and Zoning Board to approve, with conditions, the request for an Addition of Permitted Use (APU) for a Professional Office at 200 East Swallow Road, located in the Low Density Residential (R-L) zone district, and being made in conjunction with Minor Amendment MA180050. The APU would allow 100% of the house to be used for a professional office versus 50% which is allowed under the Home Occupation License. Approval of this item as part of the consent agenda represents approval of the requested APU pursuant by ordinance. If this item is pulled from the consent agenda and Council votes to deny the APU, staff will present an ordinance to deny the APU at the next regular Council meeting. STAFF RECOMMENDATION Staff recommends approval of the 200 East Swallow Road Professional Office Addition of Permitted Use, subject to six conditions. BACKGROUND / DISCUSSION This is a request to allow a Professional Office as a legal land use within the existing house at 200 East Swallow Road. The request is to use 100% of the house for a Professional Office versus the 50% which is allowed under the Home Occupation License. Professional Office is defined as: “an office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants or others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists.” The house is 2,782 square feet and located on a lot that is 9,821 square feet and part of Thunderbird Estates. As an Addition of Permitted Use, the underlying zoning would remain Low Density Residential (R-L) but only Professional Office would be added as an allowable land use, and no other uses, over and above the permitted uses in the R-L. Currently, 50% of the house is being used as a Home Occupation. The applicant has held the two required neighborhood information meetings. Compliance with APU Criteria In order to grant an APU, the proposal must meet a set of criteria outlined in Section 1.3.4(C)(1) of the Land Use Code. The project complies with these criteria as follows: Agenda Item 11 Item # 11 Page 2 A. Section 1.3.4(C)(1)(a) - Such use is appropriate in the zone district to which it is added. It is important to emphasize that while Professional Office is not a permitted primary use in the R-L, it is a specifically permitted use subject to the restrictions pertaining to Home Occupations per Section 3.8.3 of the Land Use Code. Since Professional Office is an allowable use as a Home Occupation, it is informative to compare and contrast the relative similarities and differences between a Professional Office allowed as a Home Occupation and that which would be allowed as an Addition of a Permitted Use. Section 3.8.3 of the Land Use Code states: “A home occupation shall be allowed as a permitted accessory use, provided that all of the following conditions are met:” (1) Such use shall be conducted entirely within a dwelling and carried on by the inhabitants of the dwelling with not more than one (1) additional employee or co-worker. The hours of operation during which clients, customers, employees or co-workers are allowed to come to the home in connection with the business activity are limited to between 8:00 a.m. and 6:00 p.m. Monday through Saturday. The APU would be comparable in that the use would be conducted entirely within the dwelling. But, in contrast, the APU would be allowed to be conducted by non-inhabitants of the dwelling with more than one additional employee. The APU would be comparable, based on the recommended condition of approval, to match the limitation on the allowable days and hours of operation. (2) Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. The APU, by definition, would be in contrast in that the Professional Office would the primary use. But, in comparison, the APU would not change the overall residential character of the dwelling primarily due to the prohibition on structural additions. (3) The total area used for such purposes shall not exceed one-half (½) the floor area of the user's dwelling unit. The APU, in contrast, would occupy 100% of the floor area of the dwelling. (4) There shall be no exterior advertising other than identification of the home occupation. The APU, would be comparable, based on the recommended condition of approval, to match the maximum signage as allowed for a Home Occupation. (5) There shall be only incidental sale of stocks, supplies or products conducted on the premises. The APU, would be comparable, based on the recommended condition of approval, to be similarly restricted with regard to sales being incidental only. (6) There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation. The APU, would be comparable, based on the recommended condition of approval, to be similarly restricted with regard to exterior storage of material or equipment. Agenda Item 11 Item # 11 Page 3 (7) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line. The APU, would be comparable, based on the requirement to comply with Section 1.3.4(C)(1)(d). (8) A home occupation shall provide additional off-street parking area adequate to accommodate all needs created by the home occupation. The APU would be comparable since there are six off-street parking spaces in the driveway (not including the three-car garage). (9) In particular, a home occupation may include, but is not limited to, the following, provided that all requirements contained herein are met: (a) art studio; (b) dressmaking or millinery work; (c) professional office; (d) office for insurance or real estate sales; (e) teaching; The APU would comply since it is a request specifically for a Professional Office. (10) A home occupation shall not be interpreted to include the following: (a) animal hospital; (b) long- term care facility; (c) restaurant; (d) bed & breakfast; (e) group home; (f) adult-oriented use; (g) vehicle repair, servicing, detailing or towing if vehicles are: 1. dispatched from the premises, or 2. are brought to the premises, or 3. are parked or stored on the premises or on an adjacent street. (h) medical marijuana businesses ("MMBs"), as defined in Section 15-452 of the City Code; (i) retail marijuana establishment as defined in Section 15-603 of the City Code; (j) short term primary rentals and short term non-primary rentals. The APU would comply in that it would not allow for any of these non-permitted uses. In summary, as can be seen by the compare and contrast analysis, and based on the recommended conditions of approval, the only areas of contrast between a Professional Office as a Home Occupation and as an Addition of Permitted Use are: • The APU would be allowed to be conducted by non-inhabitants of the dwelling with more than one additional employee. • The Professional Office would be the primary use. • The APU would occupy 100% of the floor area of the dwelling. In terms of the Professional Office being appropriate in the R-L zone, the property is a corner lot and is at the most southwest point of the neighborhood and across the street from the C-G zone to the west and southwest, and the M-M-N zone to the south. Being a corner lot, the west side of the property faces Remington Street. With the off-street parking spaces located along Remington Street, the block face along Swallow remains undisturbed. Any new traffic associated with a professional office, therefore, would be on the commercial-facing side of the property. The applicant has indicated there will be no structural additions to the house and the hours of operation will be limited to normal business hours. These restrictions will be documented as recommended conditions of approval. The scale of the request is to increase the square footage of the non-residential aspect from 50% to 100% of the dwelling or from 1,391 square feet to 2,782 square feet. With the location being at the corner of two collector streets, and being one block from S. College Avenue, and one block from the Foothills Mall, a full-house conversion to professional office would continue to blend in with the neighborhood. The applicant indicates that a variety of Home Occupations have been licensed at this address over the last 35 years. As noted, these include pet grooming for 25 years as well as massage therapy, Agenda Item 11 Item # 11 Page 4 internet sales, and health care transportation services. City zoning records indicate these uses operated without complaint. Staff concludes that a professional office, located within a 2,782 square foot existing house, at this location, would be compatible with the surrounding neighborhood and appropriate within the R-L zone, subject to the recommended conditions of approval. These conditions call for no structural additions and reflect the limitations associated with a Home Occupation and address the days and times of business activity, signage, incidental sales and exterior storage. B. Section 1.3.4 (C)(1)(b) - 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. Per section 4.4(A) of the Land Use Code, the purpose of the R-L zone is, “…for predominately single- family residential areas located throughout the City which were existing at the time of adoption of this Code.” The R-L zone precedes the adoption of City Plan and the Land Use Code in 1997. It was held over as a zone district for existing neighborhoods for the primary purpose of being exempt from being rezoned into any of the new zones created under City Plan. As such, the R-L zone represents the status quo and is not envisioned to be rezoned to L-M-N, Low Density Mixed-Use Neighborhood or M-M-N, Medium Density Mixed-Use Neighborhood without the benefit of a major policy shift such as the adoption of a Subarea Plan or City Plan revision. The request for an APU is specifically not a rezoning. For 200 E. Swallow, the underlying R-L zone will remain in place and, as proposed, only Professional Office would be allowed within the house. The basic characteristic of the R-L zone is an established neighborhood of existing single family detached homes. With the proposed APU, this basic characteristic does not change. In fact, the recommended conditions of approval would render the APU to be as close to complying with the Home Occupation standards as feasible. Further, the APU would also be conditioned to preclude any structural additions. Staff concludes, therefore, that the APU conforms to the basic characteristics of the R-L zone. C. Section 1.3.4(C)(1)(c) - The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties. The proposed use, confined to the inside of the existing house, performs in such a way as to preserve the residential character of the property. The parking would continue to be located along the side of the property, facing the C-G zone, thus preserving the character of the block face along E. Swallow Road. All existing, mature landscaping would remain. Since an office use is conducted entirely indoors, there would be no outside impacts associated with the proposed conversion. Staff concludes, therefore, that the location, size and design of the Professional Office would be compatible with and have minimal negative impact on the use of nearby properties. D. Section 1.3.4(C)(1)(d) - 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 Other permitted uses in the R-L include: • Places of worship or assembly; • Group Homes; • Public and private schools for elementary, intermediate and high school education; and • Child care centers. Agenda Item 11 Item # 11 Page 5 Professional Offices do 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 other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the R-L zone district. E. Section 1.3.4(C)(1)(e) - Such use will not change the predominant character of the surrounding area As mentioned, the predominant character of the surrounding area is that of an established, residential neighborhood to the north and east but commercial to the west and a mix of residential and a shopping mall to the south. In the general area, there are a number of residential structures that have been partially or fully converted to non-residential land uses that could be viewed as comparable to the APU request for 200 E. Swallow Road: Address Use 2224 S. College Tailor/Alterations 2212 S. College Natural Path Healing 2200 S. College Chiropractor 2504 S. College Salon 2536 S. College Salon 116 E. Drake Cleaning Service 123 E. Drake Dog Grooming and Salon 121 E. Swallow Mixed-Use (commercial and residential above) 200 E. Swallow Heart and Soul Paratransit 3100 S. Remington Hearing Clinic 217 E. Swallow Poudre School District - Life Skills Training School 301 E. Swallow Tailor/Alterations 601 E. Swallow Spinal and Fitness Clinic As can be seen, the area includes a variety of existing businesses that operate out of residential structures. Adding Professional Office to 200 E. Swallow Road will not change the predominant character of the area. Staff concludes, therefore, that a Professional Office at 200 E. Swallow Road would not change the predominant character of the surrounding area. F. Section 1.3.4(C)(1)(f) - Such use is compatible with the other listed permitted uses in the zone district to which it is added As can be seen by the examples listed on the previous section, a professional office in an established R-L neighborhood is compatible with the residential character but only if the office is contained within a residential structure such as 200 E. Swallow Road and conditioned to comply with the Home Occupation standards to the extent reasonably feasible. Staff concludes, therefore, that a Professional Office at 200 E. Swallow Road would be compatible with the other listed permitted uses in the R-L zone. G. Section 1.3.4(C)(1)(g) - Such use, if located within or adjacent to an existing residential neighborhood, shall be subject to two (2) neighborhood meetings, unless the Director determines, from information derived from the conceptual review process, that the development proposal would not have any significant neighborhood impacts. The first neighborhood meeting must take place prior to the submittal of an application. The second neighborhood meeting must take place after the submittal of an application and after the application has completed the first round of staff review Agenda Item 11 Item # 11 Page 6 Staff conducted two neighborhood meetings for this proposal. The first neighborhood meeting occurred on June 20, 2018 prior to submittal of a development application. Staff convened a second neighborhood meeting on August 9, 2018, after the first round of staff review. H. Section 1.3.4(C)(1)(h) - Such use is not a medical marijuana business as defined in Section 15-452 of the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code The proposed use a Professional Office, not a medical marijuana business. CITY FINANCIAL IMPACTS There no City financial impacts associated with this request. BOARD / COMMISSION RECOMMENDATION On September 20, 2018, the Planning and Zoning Board voted 7-0 to recommend that Council approve, with six conditions, the request for 200 E. Swallow Road Professional Office APU. Staff recommends approval with five conditions as follows: A. The APU is conditioned on City Council approving the request per Section 1.3.4(G) of the Land Use Code. B. The APU is conditioned such that there must not be any structural additions to the house. C. The APU is conditioned such that the business activity is limited to between 8:00 a.m. and 6:00 p.m. Monday through Saturday. D. The APU is conditioned such that the maximum signage is equal to that allowed for a Home Occupation. E. The APU is conditioned such that with regard to retail sales, there shall be only incidental sale of stocks, supplies or products in association with the Professional Office. F. The APU is conditioned such that there must be no exterior storage on the premises of material or equipment used as part of the Professional Office. PUBLIC OUTREACH Per Land Use Code Section 1.3.4(C)(1)(g), all projects subject to an APU in or adjacent to a residential neighborhood shall be subject to two neighborhood meetings. One of the meetings must be held before submittal of a formal development application with the City and one must be held after the first round of staff review. As noted, the applicant held the first neighborhood meeting on June 20, 2018 at Christ United Methodist Church. After this meeting, the applicant submitted their development application with the City on July 3, 2018. After the first round of review, the applicant held the second neighborhood meeting on August 9, 2018. A variety of concerns were raised but have been adequately addressed by the recommended conditions of approval. ATTACHMENTS 1. Vicinity Map (PDF) 2. Aerial Map (PDF) 3. Applicant Narrative (PDF) 4. First Neighborhood Meeting Summary (PDF) 5. Second Neighborhood Meeting Summary (PDF) 6. Site Photos (PDF) «¬287 Frontage Rd Del Clair Rd Linda Ln Remington St Tulane Dr E Foothills Pkwy A n n a b e l L n P h o e n i x D r R u t h S t Harvard St W Harvard St Mathews St W Foot h i lls Pkwy E Swallow Rd Frontage Rd E Swallow Rd W Swallow Rd S College Ave © 200 E Swallow Rd. VicinityUse - Addition Map of Permitted 1 inch = 250 feet Site ATTACHMENT 1 «¬287 Frontage Rd Del Clair Rd Linda Ln Remington St Tulane Dr E Foothills Pkwy A n n a b e l L n P h o e n i x D r R u t h S t Harvard St W Harvard St Mathews St W Foot h i lls Pkwy E Swallow Rd Frontage Rd E Swallow Rd W Swallow Rd S College Ave © 200 E Swallow Rd. VicinityUse - Addition Map of Permitted 1 inch = 250 feet Site ATTACHMENT 2 200 E. Swallow Road Request for an Addition of Permitted Use To Allow for Professional Office As proposed, this is a request to allow a Professional Office as a legal land use within the existing house at 200 East Swallow Road. The request is to use 100% of the house for a Professional Office versus the 50% which is allowed under the Home Occupation License. Professional Office is defined in the City of Fort Collins Land Use Code as: “...an office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants or others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists.” The request to consider a Professional Office at 200 E. Swallow Road is processed under the procedures of the City’s Land Use Code as an Addition of Permitted Use. This is not a request to rezone the property to a higher classification of zone district where Professional Office is a use-by-right. Instead, as an Addition of Permitted Use, the underlying zoning would remain Low Density Residential (R-L) but only Professional Office would be added as an allowable land use, and no other uses, over and above the permitted uses in the R-L are being considered. The house is located at the northeast corner of E. Swallow Road and Remington Street. The front of the house faces south along Swallow Road and the driveway and garage are along Remington Street. The house contains 2,782 square feet and was built in 1969. There is a possibility that the garage may be converted to living space for additional floor area. A variety Home Occupations have been licensed at this address over the last 35 years. These include pet grooming for 25 years as well as massage therapy, internet sales, and health care transportation services. This list includes: • 1978 – 2003: Dog grooming business; • 2003 – 2004: Ham radio operator business; • 2004 – 2007: Alternative Body Solutions with Massage Therapy; • 2009 – 2010: Karate Studio; • 2012 – 2014: Internet Sales; and • 2016 to Present: Para-transit Service. ATTACHMENT 3 Although the property is zoned R-L, it is located at the very southwest corner of Thunderbird Estates neighborhood. Across Remington Street to the west, the zoning is C-G, General Commercial with two-story office buildings that front on South College Avenue, State Highway 287. 200 E. Swallow Road is one block east of South College Avenue. Across Swallow Road to the south, the zoning is Medium Density Mixed-Use Neighborhood (M-M-N) with a mix of offices and multi-family and single family development. South of these lots is the Foothills Mall. Along Stanford Road, between Swallow Road and Monroe Drive, Cycle Apartments is under construction consisting of 402 dwelling units on 12 acres which results in a density of 33.5 dwelling units per acre. I conducted a windshield survey of houses with small businesses residing in them within about one-half radius of my property and these are the results I came up with: One Swallow Road: • Destiny Spinal Fitness Center • Hearing Center • Sewing Room • School for Handicap Children and Young Adults. On College Avenue Frontage Road: • Angela’s Beauty Salon • Palmer School of Design • Dave’s Place • Northwest Real Estate • Fort Collins Tailor • The Natural Path • Dr. T. Stallings, Chiropractor. Traffic on Swallow Road, a collector street, has grown over the years. Data obtained from Steve Gilchrist, Traffic Engineering Technician include the following traffic counts: • 2010: EB, 3,284; WB, 3,083; total = 6,367; • 2013: EB, 2,941; WB, 3,332; total = 6273; • 2016: EB, 4,179; WB, 4 140; total = 8,319. The data indicate there have been changes in the land use and traffic conditions over the last several years. Traffic counts will likely be higher given the redevelopment of the mall and the 402 apartments. ATTACHMENT 3 There is an advantage with the house being located at the corner of two public streets. Along Remington, there is a separate entrance for the professional office. Also, there are six off-street parking spaces along Remington Street. With this side of the house facing the office park to the west, this is where the any activity associated with the office will occur. Along Swallow, however, the house will continue to feature a residential character with a typical front door and mature landscaping. These attributes will not change thus contributing to the residential neighborhood character. The office activity will be oriented to the west which, as noted, is one block east of South College Avenue. I am willing to commit to that as part of this application, there would be no additions to the house and to limit hours of operation to typical office hours. A future owner may desire to convert the three-car garage into living area but this would not be considered a structural addition and not a part of my plans. It appears the Request for an Addition of Permitted Use for Professional Office within the existing house at 200 E. Swallow would have minimal negative impact on the surrounding neighborhood and would comply with the criteria of Section 1.3.4 of the City’s Land Use Code which governs the Addition of Permitted Use process. As a resident from 2004 to the present, I have observed a dynamic economic improvement in the Midtown Corridor. The prime examples are the re-development of the Foothills Mall along with Cycle Apartments, 400 new units along Stanford Road. Other re-development includes, Conn’s Appliance, Trader Joe’s and Sierra Trading Post. A new age-restricted multi-family building is under construction at the intersection of Horsetooth Road and Stanford Road. Also, the vacant K-Mart is anticipated to be demolished and replaced with a new King Soopers. Even the two office buildings across Remington Street, 3000 and 3030 S. College Avenue have been recently renovated. A new class of tenants is improving and urbanizing what used to be strip commercial along a state highway. These economic trends support consideration by the Planning and Zoning Board to realize my property is a prime location for a small professional office building. Small local businesses prefer to be in a highly visible area, have a community feel with easy access for their clients. The first of two required neighborhood information meetings was held on Wednesday, June 20, 2018 at the Christ United Methodist Church at 301 E. Drake Road. The second neighborhood was held after the request is submitted to the City’s Planning ATTACHMENT 3 Department and after the first round of review in the development review process and prior to the Planning and Zoning Board public hearing. Accordingly, this second meeting was held on August 9, 2018 at the same location. The development review process requires that the request must first be considered by the Planning and Zoning Board which then makes a recommendation to the City Council which has final authority. At both neighborhood meetings, I reminded the attendees that both of these hearings are open to the public and that written notification will be provided for the Planning and Zoning Board hearing at the time the item is scheduled. Thank you for consideration in this matter. Sincerely: Susan Brabson ATTACHMENT 3 200 E Swallow Road Neighborhood Meeting June 20, 2018 Initial Questions: • Traffic • Noise • Parking Process: Applicant needs to present a significant case to support request. Does the APU follow the deed? • No – it is a Use issue, not ownership What other businesses are on the block? • South side of Swallow different zoning If the permitted use changes, what future options are available? • Special conditions set with approval • Amendments need to be applied for and subsequent process. – Case by case basis • If APU not used (owner turn house back into full residential with no Home Occupation as current, then APU expires 24 months from change to full residential. How does change effect • Property values o Most likely will not have an either a positive or negative effect. • Other close proximity properties with same type of request o Case by case basis. One concern (negative) – not being a residential property at all will leave it unattended at night. It is a “gateway” to the neighborhood. Will there be different standards for building appearance? • No. • Signage still limited to 2x2 size. How many requests of this type over the years? • In the last 10 years, there have been 19 approved requests. • Will research data to see how many requests were received and denied or withdrawn. Send info to meeting attendees. What is the owners intent if this is approved? • No immediate changes. o Current tenant has handicap van service. They are outgrowing the space, so potential for tenant change in near future, but nothing specific intended for replacement. • Owner intends to keep the “residential” look and feel. ATTACHMENT 4 How does the City monitor uses? • Zoning inspects on complaint basis only. o Process described by Ted. Next steps: • Owner to submit formal application for review. • Following 1st round staff review, another neighborhood meeting will be held. Are there any limitations of # of employees with APU? • Would this request with criteria, lend discretion to capping # of employees allowed? o Susan to research and respond. ATTACHMENT 4 SECOND NEIGHBORHOOD INFORMATION MEETING PROJECT: 200 E. Swallow Road LOCATION: Christ United Methodist Church, 301 E. Drake Road DATE: August 9, 2018 APPLICANT: Ms. Susan Brabson CITY STAFF: Ted Shepard, Chief Planner Project Description As proposed, this is a request to allow a Professional Office as a legal land use within the existing house at 200 East Swallow Road. The request is to use 100% of the house for a Professional Office versus the 50% which is allowed under the Home Occupation License. Professional Office is defined as: “an office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants or others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists.” The request for a Professional Office at 200 E. Swallow Road will be considered as an Addition of Permitted Use. This is not a request to rezone the property to a higher classification of zone district where Professional Office is a use by right. Instead, as an Addition of Permitted Use, the underlying zoning would remain Low Density Residential (R-L) but only Professional Office would be added as an allowable land use, and no other uses, over and above the permitted uses in the R-L. A request for an Addition of Permitted Use in the R-L zone requires two neighborhood information meetings. Unless otherwise noted, all responses are from the applicant. 1. Why are you doing an Addition of Permitted Use (APU)? A. I would like to take advantage of being located one block east of S. College Avenue and offer the house to a small firm that is interested in having a Professional Office at this location. The request is not to expand my in-home occupation from 50% of the living area of the house to 100%. At some point, my son and I will move the business so this request is for a future condition. I see an advantage and locational attributes of the property being at the corner of Remington Street and Swallow Road. Across Remington to the west, there are two-story office buildings that front on South College Avenue. Across Swallow to the south, there are a variety of mixed-use buildings. I see our house as a nice opportunity for a small office to set up shop for professional offices such as ATTACHMENT 5 accounting firms, tax preparers, lawyers, chiropractors, and other types of services for small business owners who may not want to pay the lease rates that are charged for being in commercial buildings. 2. And you would limit these uses to professional office? B. Yes, a professional office would be a quiet use and not generate much traffic. On evenings and weekends, there would be little to no traffic at all. 3. And you are stating that there would be no building additions? A. Yes, that’s correct. I am willing to stipulate that there would be no building additions. 4. The driveway and parking spaces would remain where they are? A. Yes, the driveway would continue to take access off Remington only. 5. What happens if this request is approved but then later we have a problem with a professional office user? A. Response from City Planner: This would be no different from how we approach other zoning and land use issues – we would investigate any transgressions on a complaint basis. The City has Zoning Inspectors who can be called to a property to make sure that the conditions of the zoning and land use approval are being observed. If a violation is found, then the Zoning Inspector can initiate a violation procedure. 6. You are presently operating under a Home Occupation License? A. Yes, my son and I are running a small business as a Home Occupation and we are limited to using no more than 50% of the house square footage. 7. I’m concerned about the office user closing up at 5:00 p.m. and having a dark house in the neighborhood. A. I understand your concern. I would think that with being only one block from S. College Avenue and in close proximity to the Foothills Mall, that there would be enough activity in the area such that one dark house after 5:00 p.m. would not cause a safety problem for the neighborhood. 8. What about setting a precedent? How would the City be able to say no if the house next door came in for a professional office? A. Response from City Planner: Every project that is submitted to the Planning Department must stand on its own. We do not rely on precedent in evaluating, ATTACHMENT 5 reviewing and making recommendations on individual projects. The fact that this particular property sits on the corner of two collector streets renders it unique relative to the immediate surrounding parcels such that no precedent would be established. 9. I live next door to the east. If this APU proceeds, would it be possible to replace the existing chain link fence with a solid wood fence? A. Yes, I would consider changing out the fence. 10. As you know, there are 400 new apartments being constructed along Stanford Road and the traffic on Swallow Road has become heavier. In addition, the D.M.V. office is across Remington Street and a Mall entrance is across Swallow Road. I’m concerned that your request will add traffic congestion in the area. I see where eastbound traffic at the signal on College is stacked back on Swallow to Remington. The traffic associated with your project may cause further congestion at the Swallow / Remington intersection. A. Yes, we’ve all noticed the heavier traffic due to the new apartments. Keep in mind my house is only 2,782 square feet which seems like any new traffic associated with a professional office seems minor when compared to the amount of background traffic in the immediate area. 11. Would you or your son take advantage of the APU and enlarge the existing business? A. This is not our plan. We are comfortable as we currently operate as a Home Occupation. In the future, however, we are interested in selling the property to a professional office user as we see the house and location as a perfect location for a small office business. ATTACHMENT 5 SITE PHOTO #1 ATTACHMENT 6 SITE PHOTO #2 ATTACHMENT 6 SITE PHOTO #3 ATTACHMENT 6 SITE PHOTO #4 ATTACHMENT 6 SITE PHOTO #5 ATTACHMENT 6 SITE PHOTO #6 ATTACHMENT 6 SITE PHOTO #7 ATTACHMENT 6 -1- ORDINANCE NO. 131, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS, APPROVING THE ADDITION OF A PERMITTED USE FOR 200 EAST SWALLOW TO ALLOW PROFESSIONAL OFFICE AS A USE, APU 180001 WHEREAS, Addition of Permitted Use 180001 (“APU180001”) proposes the addition of professional office as an allowed use for the parcel located at 200 E Swallow Road, parcel number 9725225019, (the “Property”) located in the Low Density Residential zone district (“R-L zone”); and WHEREAS, professional office is not a permitted use in the R-L zone; and WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(g), and in satisfaction of such requirement, two neighborhood meetings were held regarding the APU with the first meeting held prior to the submittal of the development application on June 20, 2018, and the second meeting held after submittal of the development application and completion of the first round of staff review on August 9, 2018; and WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(h), and in satisfaction of such requirement, the proposed use is not a medical marijuana business as defined in City Code Section 15-452 or a retail marijuana establishment as defined in City Code Section 15-603; and WHEREAS, pursuant to LUC Section 1.3.4(C)(3)(c), and in satisfaction of such requirement, professional office is not specifically listed as a prohibited use in the R-L zone; and WHEREAS, pursuant to LUC Section 1.3.4(C)(3), the Planning and Zoning Board (“P&Z”) shall make a recommendation to Council regarding the APU and at its September 20, 2018, regular meeting, P&Z held a hearing on the APU and recommended to Council by a vote of 7 to 0 that Council approve the APU with conditions as further described below; and WHEREAS, LUC Section 1.3.4(C)(3) sets forth the criteria, as further described below, that must be satisfied for Council to approve the APU. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the Council, after considering the P&Z recommendation, hereby approves the requested APU to add professional office as a use specifically limited to the Parcel located in the R-L zone. Section 3. That the Council imposes the following condition or conditions of approval: -2- (1) No structural additions may be made to the existing house on the Property. (2) Business activity on the Property is limited to between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday. (3) The maximum signage allowed on the Property is limited to that allowed for a Home Occupation. (4) Retail sales on the Property shall be limited to the incidental sale of stocks, supplies, or products in association with the professional office. (5) No exterior storage of material or equipment associated with the professional office shall be allowed on the Property Section 4. That the Council, based on the evidence and information provided to the Council in this matter makes the following findings of fact and conclusions of law: (1) The APU, when subject to the conditions set forth above, satisfies the criteria set forth in LUC Section 1.3.4(C)(1) as follows: (a) Such use is appropriate in the R-L zone. (b) Such use conforms to the basic characteristics of the R-L zone and the other permitted uses in the R-L zone. (c) The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties. (d) 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 R-L zone. (e) Such use will not change the predominant character of the surrounding area. (f) Such use is compatible with the other listed permitted uses in the R-L zone. (g) The LUC requirement for two neighborhood meetings regarding the APU was fulfilled with the first meeting held prior to the submittal of the development application on June 20, 2018, and the second meeting held -3- after submittal of the development application and completion of the first round of staff review on August 9, 2018. (h) Such use is not a medical marijuana business as defined in City Code Section 15-452 or a retail marijuana establishment as defined in City Code Section 15-603. (2) The APU is not detrimental to the public good; (3) The APU complies with the applicable requirements and criteria contained in LUC Section 3.5.1; and (4) The APU is not specifically listed as a "prohibited use" in the R-L zone. Section 5. Unless otherwise specified as a condition of approval of the APU, any changes to the use or to its location, size, and design, in a manner that changes the predominant character of or increases the negative impact upon the surrounding area, will require the approval of a new addition of permitted use under the LUC. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk