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HomeMy WebLinkAboutNORTH COLLEGE MARKETPLACE - AMENDED ODP - 42-08 - MINUTES/NOTES - MINUTES/NOTESPlanning & Zoning Board May 21, 2009 Page 7 The Amended ODP contains land uses that are permitted in the CCN, Community Commercial — North College District, as well as 2 additional uses (drive-in restaurant and gasoline station) that were approved by the Planning & Zoning Board in august, 2008. Member Smith seconded the motion. The motion passed 6:0. Project: North College MarketPlace, Second Filing, Project Development Plan, # 43-08 Project Description: This is a request for a supermarket -anchored shopping center at the northeast comer of North College Avenue and East Willox Lane. The potential development site is approximately 18 acres in size and the supermarket building (King Soopers) would be about 123,000 square feet in size. Total building square footage in the center would be about 170,000 square feet (including in - line retail shops attached to King Soopers and 7 smaller building pad sites). The primary access to the site will be from North College Avenue and East Willox Lane. The property is in the CCN, Community Commercial North College Zoning District. In addition to the supermarket the shopping center will contain retail, restaurant (standard and fast food with & without drive-in), gasoline station, and other commercial uses permitted in the CCN District. Recommendation: Approval Hearina Testimomv. Written Comments and Other Evidence Staff presentation: City Planner Steve Olt reported this is a request for a supermarket -anchored shopping center at the northeast comer of North College Avenue and East Willox Lane. The primary access to the site will be from North College Avenue and East Willox Lane. In addition to the supermarket the shopping center will contain retail, restaurant (standard and fast food with & without drive-in), gasoline station, and other? commercial uses permitted in the CCN District. There was a question asked at the work session about the stacking capability for vehicles on College. Looking at the geometry on the site plan it shows a left turn lane that flair out back up to a point where it reaches a width of 7 feet which would enable any vehicle to pull into the left turn lane. We're looking at about 175 feet so considering the average length of 16 feet (most RVs are 14-16 feet, cars are shorter than that, trucks will be 18-20 feet) and a five foot space between vehicles that 175 feet would accommodate between 7 and 9 vehicles. Olt provided a history of the development including an approval of addition of permitted uses in August 2008, an approval of the ODP in January 2009 (with the amended CDP approved tonight), an approval by an Administrative Office Type I North College Marketplace Wetlands PDP in February 2009, and the approval of two modification of standards for parking stall dimensions and relations of buildings to streets, walkways and parking in April 2009. The project complies with applicable requirements and meets standards in Article 4 (Division 4.19 of the LUC: Community Commercial — North College District), in Article 3 (LUC General Development Standards) and is in conformance with the ODP. Planning & Zoning Board May 21, 2009 Page 6 accesses to both North College Avenue (to the west) and Willox Lane (to the south). The existing wetlands and the existing Larimer & Weld Canal make the ability for connecting streets into the adjacent properties to the north and east unfeasible. The Amended ODP is considered to be in conformance with Sections 3.6.3(A) - (F). The Traffic Operations Department and the Transportation Planning Department previously reviewed and evaluated the required Transportation Impact Study (TIS), as set forth in Section 3.6.4(C), for development on the North College Marketplace property. At that time the ODP was considered to be in conformance with the Transportation Level of Service Requirements as set forth in Section 3.6A(B). A pedestrian/bicycle route, via a bridge/trail across the Larimer & Weld Canal, connecting the shopping center with the residential neighborhoods to the north and east, was being proposed with the ODP. Since the ODP was approved by the Planning & Zoning Board on January 15, 2009 the ditch company's Board of Directors has stated that they will not approve an easement to allow such bridge crossing. Therefore, this pedestrian/bicycle connection cannot be implemented. The Amended North College Marketplace, ODP contains a commitment for a pedestrianibicycle connection along the east side of the North College Avenue bridge crossing of the Larimer & Weld Canal (at the northwest corner of the subject property) to satisfy the Multi -modal Transportation Level of Service requirements for motor vehicle, bicycle and pedestrian movement. " Section 2.3.2(H) (4) - The Amended ODP provides for the location of transportation connections to . adjoining properties for vehicular, pedestrian, and bicycle movement. TheAmended ODP provides for pedestrian and bicycle circulation systems to the surrounding neighborhoods and Tavelli Elementary School via the existing street and sidewalk networks in the surrounding neighborhoods adjacent to the property, including a pedestrian/bicycle connection along the east side of the North College Avenue bridge crossing of the Larimer & Weld Canal (at the northwest corner of the subject property), as set forth in Section 3.2.2(C) (6). The North College Marketplace, Amended ODP' provides for private drive accesses to North College Avenue (a 4-lane arterial street) and Willox Lane (a 2-11ane arterial street). The existing wetlands and the existing Larimer and Weld Canal on the north and east sides of the property makes the possibility for connecting streets into the adjacent properties unfeasible. The Amended ODP isconsidered to be in conformance with Sections 3.6.3(C) - (F). * Section 2.3.2(H) (5) - The Amended ODP has two (2) existing wetlands and the Larimer & Weld Canal that warrant buffer zones and these features are shown on the plan. Compliance with Section 3.4.1 of the LUC Is being addressed with the North College Marketplace, Wetland PDP that is currently in development review. * Section 2.3.2(H) (6) - The Amended ODP is consistent with the Dry Crook Drainage Basin Master Plan. ' Section 2.3.2(H) (7) - This section of the LUC is not applicable to the Amended ODP because there are no residential uses being proposed as part of the project. Planning & Zoning Board May 21, 2009 Page 5 ways on the same side of College Avenue and there wouldn't be any way to get across College to the other side. She's pretty comfortable in having the applicant put the funds in escrow in lieu,of building the bridge. Member Lingle asked the applicant if the objection from the ditch company was not there, would he be willing to proceed as it was originally proposed. Holsapple said yes. Lingle said in his opinion this is not really the applicant's problem. The problem, it appears, is with the ditch for thwarting what he considers to be better design. Chair Schmidt asked Eckman if there would be a City effort to try and address this and like situations. Eckman said he's not familiar with what could be done politically. There may be the power of condemnation. Also some of the ditch companies have city representatives on their board of directors — there may be some ways to communicate with them in that venue. Chair Schmidt asked at a future date what would be the procedure to try to reinstitute the originally proposed pedestrian crossing. Director Dush said to leave your options open, he'd recommend placing a note in the file with the recommendation identifying the ODP's proposed relocation (adjacent to the north College bridge) or another location (indicating the originally proposed location) so should an opportunity arise, there would be no need to come back with a request to amend the ODP. Chair Schmidt asked who owns the property north of the originally proposed location. Director Dush said the design would have taken it directly to city right-of-way. Member Rollins suggested it would be wise to work with Transportation Planning staff to work with the ditch companies on an overall plan for key ditch crossings. Chair Schmidt also thought that would be a good idea. Member Stockover made a motion to approve the North College Marketplace, Amended Overall Development Plan, # 42-08. In support of his motion, he adopts the Findings of Fact and Conclusions on pages 5, 6 and 7 of the staff report: Section 2.3.2(H) (1) - The Amended ODP is In compliance with the applicable criteria and zone district standards in the Land Use Code. As set forth in Section 2.1.3(B)(2), an ODP shall be required for any property which Is intended to be developed over time in 2 or more separate project development plan submittals. This request is for a 2-phase ODP on 28.3 acres. Phase 1 Is identified for Wetlands and Phase 2 is Identified for Commercial Uses (supermarket, gasoline station, standard 8, drive-in restaurants, small retail, and bank). The applicant currently has a POP for Phase 1, containing existing wetlands on 10.9 acres, and a POP for Phase 2, containing the commercial shopping center on 17.4 acres, in the City's development review process. Section 2.3.2(H)(2) — Although the Amended ODP is in the CCN District this section of the LUC is not applicable because there are no residential uses being proposed as part of the project. Section 2.3.2(H) (3) - The Amended ODP conforms to the Master Street Plan requirements, the street pattern/connectivity standards, and the Transportation Level of Service Requirements. The ODP fronts on North College Avenue and Willox Lane. No other public streets are proposed with this ODP. It is considered to be in compliance with the Master Street Plan, as set forth in Section 3.6.1(B). The ODP, being approximately 28.3 acres in size, provides for multiple private drive Planning & Zoning Board May 21, 2009 Page 4 Member Lingle asked how the issues would be resolved by moving the crossing 100 feet west. Eckman said that he would assume that if the City owns the bridge ("in fee") it helps to allay the ditch company's liability concerns. Chair Schmidt asked If the City would own it or would the applicant own it. Current Planning Director Dush said at the originally proposed location which shows the bridge crossing the ditch and traversing the wetlands; that property on which the trail would have been located would have been dedicated (owned) to the city. The bridge would have been on an easement over the ditch. In the new location, staff will be recommending a condition of approval with the PDP that identifies the fee in lieu of in accordance with level of service in the Land Use Code (LUC). Member Lingle asked for staffs professional opinion —if the objection to this location was not on the table, would it be staffs opinion that the original location is preferred? Olt,said yes. Director Dush said in conversations with transportation planning staff relative to the proposed change that the new location would potentially serve a larger area with future residential. Applicant's Presentation: Eric Holsapple, Loveland Commercial Developer, said he had several meetings with the ditch company They are far less concerned with the westernmost location as it would be the City's right-of-way/City liability. In the original location pedestrians would have more access to the ditch road whereas in the western location they can gate that road and limit access to the ditch. Chair Schmidt asked when North College adds sidewalks and bikeways would that be in addition to what's been added with this development. Transportation Planner Matt Wempe said the North College improvements from Vine to Conifer and the improvements that this development are doing on College Avenue are a part of the larger pedestrian improvements being made to the North College Corridor. Public Input: None Board Questions: Member Stockover said he understands there was no real concern at the neighborhood meeting about moving the bridge. Olt said at the following May 13'h neighborhood meeting only 2 of the 7 people in attendance spoke. They believed (like the ditch company) that the bridge in the original location was not appropriate. Member Rollins asked transportation staff if they would ever look at getting an easement east of the College Avenue right-of-way. Do they think that moving it to the west is equal to what was originally proposed? Wempe said the original proposal would have been the preferred location. Olt said the city will own the wetlands and we'd be able to grant any future easement through that property to the canal if there was future growth need and we were able to negotiate a bridge crossing with the ditch company in the original location. Chair Schmidt wondered if Natural Resources preference was not to have pedestrian bike trails near wetlands as mentioned in a discussion during work session. Olt said he is not personally familiar with what she was referring to. Director Dush said Natural Resources preferences would definitely be taken into consideration. Chair Schmidt said if we can't have the pedestrian bridge to the east, she would really suggest not trying to go across to Spaulding Lane because she just doesn't see how you can have bikes going two different Planning & Zoning Board May 21, 2009 Page 3 Project: North College Marketplace, Amended Overall Development Plan, # 42-08 Project Description: This is a request to amend the approved 28.3 acre, 2-phase (filings) Overall Development Plan (ODP) for open space/wetland (public facility) and commercial land uses permitted in the CCN, Community Commercial - North College District. The use on the 1" Filing (10.9 acres) is existing wetlands and the uses on the 2nd Filing (17.4 acres) are commercial (supermarket, gasoline station, standard & drive-in restaurants, small retail, and bank). The current proposal is to relocate the PROPOSED PEDESTRIAN BRIDGE crossing the Larimer & Weld Canal, connecting the shopping center with Spaulding Lane to the north as shown on the previously approved ODP, to a location along the east side of and adjacent to the North College Avenue bridge crossing of the Larimer & Weld Canal (at the northwest corner of the subject property). The property is (generally) located at the northeast comer of North College Avenue and Willox Lane and is zoned CCN, Community Commercial - North College. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence Staff presentation: , City Planner Steve Olt said The North College Marketplace, Amended ODP complies with the applicable review criteria in the Land Use Code (LUC), including the ODP criteria, the CCN, Community Commercial — North College District, the General Development Standards, and the adopted Master Street Plan. He said the current proposal is to relocate the proposed pedestrian bridge crossing the Larimer & Weld Canal, connecting the shopping center with Spaulding Lane to the north as shown on the previously approved (January 15, 2009) ODP, to a location along the east side of and adjacent to the North College Avenue bridge crossing of the Larimer & Weld Canal (at the northwest comer of the subject property). That change was due to not being able to get approval for a pedestrian/bike bridge easement from the ditch company who for liability reasons did not want the bridge in the previously proposed location. The new proposed location would still require the purchase of right-of-way and would most likely be negotiated in combination with the city and CDOT (Colorado Department of Transportation). The overall amended ODP does satisfy the conditions of approval of the previously approved ODP and staff recommends approval. Member Lingle said it appears the ODP is amended to show a possible relocation of the pedestrian/bike bridge. In fact negotiations with the ditch company have not been concluded but there is no guarantee at the ODP level that the location as proposed will occur. Olt said that is correct. We will be discussing that with the next item (Project Development Plan). Member Lingle asked Deputy City Attorney Eckman if the city has any rights of eminent domain in this situation. Eckman said perhaps —it would take some research as both the City and the ditch company have the power of eminent domain. Eckman thinks because the City is a governmental agency and because it has to do with a traffic situation they would have dominant power especially if the bridge does not substantially conflict with the flow of water. He said any challenge would be an expensive and time consuming process and it sounds like the ditch company is willing to participate in the chy's acquisition of right-of-way along College Avenue. Eckman said it is a very large and rapid flowing ditch that has had some fatalities. Planning & Zoning Board May 21, 2009 Page 2 next meeting. It just seems for that reason alone, why would people want to play a "game" played in that fashion? The second thing is often people do not get results. He can't tell you the number of people he's talked to about having gone to staff (e.g. Southwest Annexation) who feel their issues still have not been addressed. He can speak to issues about when they built Skyway to College— the city has never delivered on the commitments they made to them. They have also never enforced the standards they've placed on them. He said for the time you invest, you get very little back. It discourages many people from participating in the process. Chair Schmidt said the Board has discussed in work session how to make citizen participation better at both neighborhood meetings and hearings, That's one of the reasons they moved public input to give citizens a chance to hear the presentations by staff and the applicant as well as board member questions and staff or applicant answers. She understands his frustration and Invites him to share any other ideas he might have with her or Current Planning Director Dush. They are always looking for ways to improve the process. She also wanted to speak on staffs behalf. Many City offices are short staffed and people are working as hard as they can to get things done as well as they can. Deputy City Attorney Eckman said in response to Mr. Schumm comments, the order of presentation is set out in the Land Use Code (LUC): staff report, applicant, staff response, public testimony, applicant response and finally staff response to public testimony. He said Mr. Schumm is correct the public is two steps before the end of the process. If desired, amendments to the text of the LUC can be made by the Board, the Director, or by City Council. Consent Agenda: Chair Schmidt asked members of the audience and the Board if they'd like to pull any items from the Consent Agenda. There were no requests to pull any Items from the consent agenda. 1. Minutes from the April 16, 2009 Planning & Zoning Hearing Member Stockover moved to approve the consent agenda which includes: item # 1—April 16, 2009 Planning and Zoning Board Hearing minutes. Member Lingle seconded the motion. The motion was approved 6:0. Discussion Items: 2. North College MarketPlace, Amended Overall Development Plan, # 42-08 3. North College Marketplace, Second Filing, Project Development Plan, #43-08 4. 2009 Annual Revisions, Clarifications and Additions to the Land Use Code Chair Schmidt called the meeting to order at 6:02 p.m. Roll Call: Carpenter, Lingle, Rollins, Schmidt, Smith, and Stockover Excused Absence: Campana Staff Present: Dush, Eckman, OR, Wempe, Virata, Mapes, Shepard, Barnes, Comstock, D'Audney, Lukowski, and Sanchez -Sprague Agenda Review. Director Dush reviewed the Consent and Discussion agenda Citizen participation: Sian Schumm, 7203 Woodrow, wanted to speak to the issue of the Whitman Storage Facility and the issue of public comment (where he thinks there is a problem) He did not particularly care for the outcome of the Whitman Storage Facility but he wanted to say that having observed the Board on that and other reviews, he appreciates their time and attention to detail. He believes the Board really makes a difference. He thinks they add rational thought to the land use planning process and he hopes they continue their good work. On the issue of the Whitman Storage Facility, as far as his return on investment he's accomplished what he believes the staff should have done. The 209 (Skyway) issues came up when it was in Larimer County but City staff failed to follow up on the opportunities they had available to them through the Intergovernmental Agreement with Larimer County. He feels staff stretched the whole thing out way too long. He thinks they were not very efficient and not very friendly to the applicant. He thinks the whole thing should have taken months instead of years. He believes, in part, that was due to staff "flip -flops" — changes of opinion, changes In staff. He thinks it would benefit the city to do a case study. He thinks an analysis of the Whitman case would provide some insights into what we see going on with Timnath and Riverwalk. He thinks we'll never really know what's going on because a lot of it is legal wrangling and is done behind closed doors. In regard to public comment, he thinks the system is broken. Obviously staff and the applicant get unlimited time to present and rebut. Three minutes is not adequate time for a citizen to discuss the issues. He's here because if you're, interested you can make a difference. They're here because they couldn't get what they wanted from staff —there's a disagreement of some sort with staff and they want resolution. It's also a problem because the staff and the applicant get the last word. That is very much part of their strategy and they can dump on you at the very last minute and you cannot respond. Also, with many of the land use issues dealt with here, you cannot confer with your council representative because they are quasi-judicial. The staff knows that and "plays" that to their benefit. He thinks two specific problems that need to be addressed are logistics. When you ask why people aren't there it's because they're busy (have other commitments) and can't attend all meetings. Sometimes agendas change and you don't know an item's been changed until the very last minute. For instance, you go to a City Council meeting and you wait until 11 p.m. when it's tabled and goes to the