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HomeMy WebLinkAboutHELLENIC PLAZA - MAJOR AMENDMENT - 41-08 - MINUTES/NOTES - MINUTES/NOTESPlanning & Zoning Board January 15, 2009 Page 4 Board Questions: None Motion: Member Stockover moved to approve item 2, Hellenic Plaza Major Amendment, # 41-08. In support of his motion, he adopts the Findings of Fact/Conclusions as contained on pages 8 and 9 of the Staff Report: A. The proposed land use (mixed -use dwelling) is permitted in the MMN, Medium Density Mixed -Use Neighborhood District. B. The PDP complies with all standards located in Division 4.6 — Medium Density Mixed -Use Neighborhood District of the Land Use Code. C. The proposed land use (mixed -use dwelling) is permitted in the NCB, Neighborhood Conservation Buffer District. D. The PDP complies with all standards located in Division 4.9 — Neighborhood Conservation Buffer District of the Land Use Code. E. The Major Amendment complies with all applicable General Development Standards located in Article 3 of the Land Use Code, with the following exception: the standard located in Section 3.2.2(J) - Setbacks. A modification to the minimum landscape setback standard for parking lots along a lot line was approved by the Administrative Hearing Officer on February 4, 2008. G. Staff finds that the Major Amendment plan as submitted, based on the proposed land use and its contextual compatibility with the surrounding land uses, is not detrimental to the public good. Member Smith seconded the motion. The motion was approved 6:0. Member Lingle returned to Chambers. Project: North College MarketPlace Overall Development Plan, # 42-08 Project Description: This is a request for an Overall Development Plan (ODP) on primarily undeveloped property being approximately 28 acres in size at the northeast corner of North College Avenue and East Willox Lane. The ODP consists of Phase 1: Open Space/Wetlands on 11 acres on the east and north sides of the property; and, Phase 2: Supermarket, restaurant, bank and small retail uses on 17 acres on the south central and southwest portions of the property. The ODP excludes the existing North College Motors and Pobre Poncho's properties and residential properties on the north side of Grape Street. The property is zoned CCN, Community Commercial North College. Recommendation: --Approval Hearing Testimony, Written Comments and Other Evidence Staff presentation: City Planner Steve Olt reviewed the project site information and reported this is a proposal as set forth in Section 2.1.3(B) (2). An ODP shall be required for any property which is intended to be developed Planning & Zoning Board January 15, 2009 Page 3 Discussion Items: 2. Hellenic Plaza, Major Amendment, # 41-08 3. North College MarketPlace Overall Development Plan, # 42-08 5. Recommendation to City Council Approving the South College Corridor Plan, Making Related Changes to City Plan and the Land Use Code and Rezoning Certain Properties along the Corridor. Project: Hellenic Plaza, Major Amendment, # 41-08 Project Description: This is a request to change seven (7) of the nine (9) retail units on the ground floor in the approved Hellenic Plaza, Project Development Plan (PDP) to seven (7) two -bedroom apartments similar to those on the second and third floors, above, at the north end of the building. This will result in a total of 46 residential dwelling units, up from 39 dwelling units, and 2 retail units in the project. The two (2) retail units will remain on the ground floor in the prominent corner of the building at the South Shields Street — Birch Street intersection. The property is in the MMN, Medium Density Mixed -Use Neighborhood and NCB, Neighborhood Conservation Buffer Districts. Recommendation: Approval Hearina Testimonv. Written Comments and Other Evidence Member Lingle left the Chambers because of a conflict of interest on this project. Chair Schmidt asked the audience member who requested that item 2, Hellenic Plaza, Major Amendment, # 41-08 be pulled from consent if he wanted a presentation or if he had a specific question. Public Input Arnold Drennan said his concerns deal with the neighborhood. It looks like a good project. It's adjacent to CSU and the neighborhood around it is exclusively rental property; however, it is all zoned single family low density residential. As more and more commercial is developed, what is the potential for getting the property adjacent to all this commercial zoned for duplex or other uses? Chair Schmidt noted Mr. Drennan was talking about a rezoning issue in the neighborhood around the project. Drennan said yes. He added just west is a vacant lot near Tri Delta House and there are houses right next to it. Schmidt said she thinks the correct place to take his concern is to Planner Steve Olt or Planning Director Dush since his concern is about rezoning in the area and not the specific Major Amendment for Hellenic Plaza. (The plan has been approved and the amendment is a change from some retail space to some apartment space.) Director Dush offered to give Mr. Drennan his business card and contact him afterwards End of Public Input Planning & Zoning Board January 15, 2009 Page 2 does not understand why the Bohemian Foundation will continue to support the proposed decibel increases and she does not understand why the levels need to be that high. Her concern is the noise at the property line. Even with efforts to mitigate with berms, etc; allowing a 70-decibel level is still a concern. She looks forward to continuing to work with the Board as the issue continues to evolve. Chair Schmidt noted the Sound Ordinance would be for the whole Downtown Cultural District not just for that one particular venue. The geography of the Downtown Cultural District is hundreds of acres in size. The southwest quadrant of a proposed district is the Lincoln Center. The northeast quadrant is in the New Belgium area. Director Dush said that staff would be looking at identifying and addressing the concerns of the neighbors. One thing that will be important is to identify the areas of concern. Staff will be putting together a frequently asked questions/answers list and keep it a "living" document so it can be tracked through the process. Chair Schmidt added that public comment will still be invited at neighborhood meetings for individual projects. Matthew James Gomez said he is a resident of Buckingham. He loves Fort Collins and appreciates its culture, music, and community events. What he doesn't like is when he's trying to go to bed at night and there's noise. He goes to work early in the morning and the New Belgium movie sound track can be heard through his open window (one he has to keep open in the summer because he does not have air conditioning). With the proposed decibel level increase, it'll affect him, his family and his neighborhood. He thinks his neighborhood is low on the economic "totem pole" and they don't have a "really big voice". He invited the P&Z Board to go to his home on a New Belgium movie night and they can hear for themselves. Where they are planning to build the Bohemian music venue is right across from Vt Street. It is 200 feet from his doorstep. He asked the Board to consider the proposed Sound Ordinance and how it affects the people in Buckingham. Teat Luna, 141 151 Street, said he's lived in the neighborhood since the early 1970s. He is against the noise. It used to be very quiet until all the breweries came into the area. He doesn't like it, he doesn't want it, and he doesn't think they can say it's not going to be too loud. He can hear the sound when they have concerts in the downtown area and he's "half -deaf." He asked the Board to consider what's going to happen with the Oxbow and the two breweries —there's going to be a lot of noise and traffic. He's against the Sound Ordinance. Consent Agenda: Chair Schmidt asked members of the audience and the Board if they'd like to pull any items from the Consent Agenda. An audience member asked that item # 2, Hellenic Plaza, Major Amendment, # 41-08 be pulled from the Consent Agenda. Member Lingle made a motion to move item # 4 Centre Avenue Residences —Modification of Standard, # 37-08 to the Consent Agenda. Member Smith seconded the motion. The motion was approved 7:0. 1. Minutes from the December 11, 2008 Planning and Zoning Board Hearing 4. Centre Avenue Residences — Modification of Standard, # 37-08 Member Stockover moved to approve the consent agenda which includes item # 1, December 11, 2008 Planning and Zoning Board Hearing minutes and item # 4 Centre Avenue Residences — Modification of Standard, # 37-08. Member Campana seconded the motion. The motion was approved 7:0. Chair Schmidt called the meeting to order at 6:00 p.m. Roll Call: Campana, Lingle, Rollins, Schmidt, Smith, Stockover, and Wetzler Staff Present: Dush, Eckman, Olt, Virata, Leavitt, Wilder, Bracke, and Sanchez - Sprague Agenda Review. Director Dush reviewed the Consent and Discussion agenda. Of special note is the addition of the Election of Officers and staffs request that Item 3-- North College MarketPlace Overall Development Plan, # 42-08 be moved from Consent to the Discussion agenda. Election of Officers Member Lingle made a motion to continue with the existing officers (Brigitte Schmidt as Chair and Butch Stockover as Vice -Chair) for the following year. Rollins seconded the motion. The motion was approved 7:0. Citizen participation: Betty Aragon-Mitotes lives at 140 2nd Street in the Buckingham neighborhood (an area with 84 homes.) She said she has concerns because of the proposed Bohemian music venue, which will be very close to them, and the proposed Cultural District sound ordinance, which will increase the decibel level from 7 a.m. to 8 p.m. to 70 decibels (from 55) and from 8 p.m. to 7 a.m. to 60 decibels (from 50.) They are already experiencing noise problems with the current levels on New Belgium's movie night. Decibel level testing conducted by Code Compliance staff showed levels of 59.4, 53.6 and 54.5 (above the currently allowed 50 decibel level.) The noise is disruptive to the "working poor neighborhood" whose residents work two jobs and who need peace and quiet. She thinks it's not a good fit. She also thinks the changes will gentrify the area and the elderly and working poor will be at risk of losing their affordable housing. They expect development to be good neighbors. She's asking when this proposed ordinance comes before the Planning & Zoning Board; they consider the impact to their neighborhood and not approve the recommended changes. Cheryl Distaso, who works for the Center for Peace and the Environment, recommends a better understanding of what 70 decibels is (and what 60 decibels is for the one and '/2 hour period after a concert as the crowd leaves.) She suggests a sound simulation at the site so the neighbors can get a better understanding of what the proposed changes mean. What they do know and are experiencing now (4-5 times a year) is New Belgium movie night noise. They deem that intolerable. She believes outreach is crucial and with technology and today's "know-how", she believes it's important to help the neighborhood get a better understanding of what they're expected to endure. Distaso said they can then comment on whether or not they believe they can live with it based on a better understanding of what's proposed. Ms. Distaso noted she attended a recent Bohemian Foundation outreach at El Burrito the previous evening. Their representative said they plan to move from an open amphitheater design to an enclosed area similar to the Lincoln Center terrace. She