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HomeMy WebLinkAboutNORTH COLLEGE MARKETPLACE - ADDITION OF PERMITTED USE - 23-08 - MINUTES/NOTES - CORRESPONDENCE-HEARINGPlanning & Zoning Board August 21, 2008 Page 15 applicant agreed to outside of potentially might be the overall property —maybe we take the four and add potentially could be if they acquired more property on the north and south —maybe it's seven. Member Campana said he'd have a hard time restricting it without having the information. He'd have more background information with a PDP (Project Development Plan) and could evaluate that but to arbitrarily pick four tonight without a PDP—he's less comfortable with that. Member Lingle said the only reason that four works because that's what the applicant is asking for — we're not coming up with that. Member Wetzler said that's what City staff came up when pressing the applicant for a number. Member Campana said additionally the area might increase —there might be 5, 7 or 3 (who knows?) Chair Schmidt said that what we see at the PDP will still just be pad sites. We won't have an idea if one's going to be. We know they'd be restaurants as opposed to a drive-thru dry cleaner. If they're all drive-thru restaurants then it would be very much mixed -use (it that's a criterion at all for a good shopping center.) BHA Design's Bruce Hendee said the reality when you start to do site planning for the site is that you can't get the access points to work with too many. It seems to be self-limiting just through the way you have to master plan these things. He thought four was an optimistic number that they got from City staff. He feels pretty strongly that when they come in with a PDP they'll have some self-limiting factors that will minimize those. Member Rollins said she'd agree with that. She's very comfortable leaving it with Stockover/Campana motion. It would be difficult to add pad sites and get all those turns, drive aisles, parking, and then traffic at your access points to work. From an internal and external point of view, it's very difficult to do. If we looked at a site plan and it appeared there were "too many," traditionally, the traffic impact studies have only look at external intersections. We might ask for some internal lot analysis to see how the flow would work. King Soopers will want this flow to work. They don't want customers to come to a shopping center and not be able to get around with the appropriate turning movements. Rollins said she'll be supporting the motion. Chair Schmidt will support the motion but she'll be really concerned at the PDP level. She doesn't want North College to become a "street mall" of fast food restaurants. We already have Burger King and McDonalds nearby and if you had four more it's an "image" problem. We'll simply be changing the image from auto parts to fast food restaurants. It could be a detriment in some respect to King Soopers. Hopefully, it'll reinforce North College Corridor Plan in a little better fashion. Member Lingle said he'd be voting against the motion. Looking at the site plan, he could easily add more drive through lanes ... two of the six pads could have drive-thru quite easily. He would disagree with Rollins on the limitations. The motion passed 5:2 with Chair Schmidt and Member Lingle dissenting. Other Business: None. Meeting adjourned at 8:20 p.m. Steve Olt, Interim Current Planning Director Brigitte Schmidt, Chair Planning & Zoning Board August 21, 2008 Page 14 conducted. Gasoline Station shall not include premises where heavy automobile maintenance activities such as engine overhaul, automobile painting and body fender work are conducted. Member Campana seconded the motion. Member Lingle had a question relative to the revision of a definition of a gasoline station. Member Lingle said as presented in the staff report it's a definition taken directly out of the Land Use Code. Interim Director Olt agreed that it could not be changed. Member Lingle suggested the addition of wording: For this proposal and specific to this site (as shown above.) Member Lingle wondered if we should be revising the description portion because if we said we recommend approval of this as a part of the North College Market Place plan then that really has the boundaries covered... does it not? Interim Director Olt agreed —it's the plan they submit and that plan is certainly subject to increasing or decreasing in size depending on what parcels/what properties are a part of the development plan. Member Stockover thought they should deal with both conditions separately. Chair Schmidt said we could do this in phases. If we want one of our largest concerns that it does come with an anchor proposal so that would be one condition that we'd definitely want to have —Member Stockover said that was covered by including reference to Olt's August 21, 2008 memorandum. Chair Schmidt said the next part is excluding North College Motors and Pobre Pancho's—is that really necessary? Deputy City Attorney Eckman said it was necessary to take the parenthetical out if that's part of the recommendation on page 7 because that doesn't match the condition. Eckman said that it might be possible for North College Motors and Pobre Pancho's could become a part of this proposal. Chair Schmidt asked Member Stockover if it was okay to exclude references to North College Motors and Pobre Pancho's as it's Oust changing the wording in the Recommendation —it's not a condition. Member Stockover agreed. Chair Schmidt said the two conditions we have are the memorandum and the change in definition of gas stations. Eckman agreed... the change in definition intention was for this particular motion and this particular project gasoline station means as proposed. Member Lingle asked if you wanted to vote on the conditions separately. Member Stockover said no —we just need to clean up the wording separately. Chair Schmidt said that now that we've left it open-ended, if they decide if every single pad site there is going to be a fast food or drive-thru restaurant, how are you going to decide which ones are yes and which ones are no. Member Lingle said that's the part that gives him a little heart -burn. Member Smith said he shares the same concern but he thinks that a compatibility analysis would limit that. Member Lingle asked for an example —you'd have to make a finding that 4 are okay but 5 are not — why is 5 not? What would be the compatibility rationale for that? Chair Schmidt said they might say the most northernmost might not be because it would negatively impact the residents on Grape Street. Applicant Eric Holsapple said he didn't believe it was limited in that way in the CN district. If this was just a straight CN there wouldn't be a limited number and we'd have the same potential issue nor does he think we'll have that problem here. Functionally there's a limited amount that you can get in and work. Member Smith said he'd raised a good point. Smith said to answer Lingle's question, we're all talking about the same intent. If we're talking about four being the maximum that the Planning & Zoning Board August 21, 2008 Page 13 Member Rollins said the Board will be very interested in the pedestrian impact study portion of the traffic study. Member Stockover said the flip side is that no matter where you put a connection you are going to make an equal number of people unhappy. The connection will funnel a number of people very close to someone's yard. Hendee said they are going to try and get that connection along College and get it within the right-of-way so it will be less impact. Stockover said he lives up there and has no problem making that corner. His family rides their bikes there all the time. Holsapple said there will be bike lanes on both sides of College Avenue. Stockover is not opposed to if they can't make any connection. The natural connection of the street works very well without funneling it through that mobile home park. Member Smith asked Member Campana—he was suggesting they remove the number of drive-in restaurants permitted, did you also want to remove the number for gas stations as well? Campana said their intention is to approve a fueling station to go along with the grocery story so if we want to leave a restriction of one gas station, he's fine with that. Member Stockover moved to approve Item 23-08 to add drive in restaurants and gasoline stations as an addition of permitted uses in the North College Market Place project for the following reasons. The granting the addition of uses would not be detrimental to the public good and meet the six criteria for addition of permitted use as found in 1.3.4 of the Land Use Code. In support of my motion I adopt the Findings of Fact and Conclusions as contained on pages 6 and 7 of the Staff Report. I would also attach the following conditions of approval: • The first condition is the recommendation outlined in Interim Planning Director Steve Olt's August 21, 2008 memorandum: Condition of Approval for the North College Marketplace — Addition of Permitted Uses, # 23-08 that basically states this would be in conjunction with an approved anchor store of not less than 45,001 square feet in size in the center. • The second condition would be revision of the Project Description found on page 1 of the Staff Report. The revision would read: "This is a request to add Drive-in Restaurants and Gasoline Stations as an Addition of Permitted Uses in the Community Commercial North College zone district specifically for the property at the northeast corner of North College Avenue and East Willox Lane (STRIKING excluding the existing North College Motors and Pobre Pancho's properties). The property is undeveloped; however, a supermarket -anchored shopping center is being proposed. This request for the addition of permitted use includes restaurants with drive-in/through facilities and gasoline stations. More specifically, the proposed permitted uses would allow for a maximum of one (1) gasoline station and (STRIKING four(4)) drive-in restaurants. The request is intended to further facilitate the redevelopment of a critical property within the North College Avenue Corridor. The parcel is approximately 26 acres in size and zoned CCN, Community Commercial North College. • STRIKE (excluding the existing North College Motors and Pobre Pancho's properties) parenthetical in Recommendation on Page 7 of the Staff Report. • STRIKE "a total of four (4) after Drive -In Restaurants in Recommendation on Page 7 of the Staff Report. • On Page 3 of the Staff Report —Description of the Proposed Uses and Previous Uses: For this proposal and specific to this site, the definition of a Gasoline Station shall mean any building, land area, premises or portion thereof, where gasoline or other petroleum products or fuels are sold and (ADD excluding) light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning may be Planning & Zoning Board August 21, 2008 Page 12 Cedarwood Plaza (Taft Hill & Elizabeth.) It'll have the same gasoline station kiosk and nothing more. We're assuming that is what we're going to see here because of the convenience store to the south and the requirement that there is a % mile separation between convenience stores. Eckman said that who owns the gas station is not, in his judgment, something we can legally control. Ownership is not a legitimate land use issue. From a land use perspective, a gas station is a gas station no matter who owns it. We couldn't say it has to be owned by the anchor. Chair Schmidt asked what if we wanted to condition this particular gas station so it not have the vehicle repair uses that way this gas station would not be quite equal to the definition of gas station in the Code. Is that something we're able to do? Eckman said yes. Holsapple said that would be acceptable. If for some reason there is some reason to have that, they'd be happy to bring it back. Member Rollins said with regard to the allowance of fast food restaurants and the woman's comments regarding obesity. Has there been any discussion about tying the neighborhood that's north and east across the ditch to the site from a pedestrian/bike standpoint? Olt said many comments and concerns were expressed at the neighborhood meeting from residents to the north and northeast of this property. They'd like to see a bike/pedestrian connection across the ditch. This was actually a part of the recent City Council pre -application hearing discussion as to whether the existing North College Access Control Plan should be amended to eliminate a vehicular connection north from East Willox across this property and the ditch to connect to Spaulding Lane. The wetlands to the north of this property along the ditch are considered to be a significant wetland. City Council has asked staff to initiate an amendment to the plan to eliminate any future street connection. Olt said in response to Member Rollins questions there have been some ongoing discussions about a possible bike/pedestrian bridge across the Larimer & Weld Canal. Holsapple said that since he last spoke with Olt an issue has come up from a couple of neighbors. Depending on feasibility, the applicant is looking at having a path that would actually be a part of the existing bridge. Bikes and pedestrians could then make an easier connection. They've heard from Natural Resources that they don't want pedestrians in the natural areas. It is a concern they are addressing and the Board will see more at the PDP level. Member Rollins thinks if we're intensifying the uses and creating uses that are attractive to members of the neighborhood (including children) than it's imperative, given the increasing traffic, to create alternative mode options for people that live very close to this site. Holsapple says they are trying to make an affordable easy connection. That ditch is very wide —it's not going to be feasible to cross it with a separate pedestrian bridge. Member Smith asked it you could create some connection at the south end at Valley View Lane and not touch any of the sensitive areas? Holsapple said no, that's all other people's property and the wetlands go along the whole end. Chair Schmidt said that'll be one of her main concerns when we get to the PDP stage. There is a lot of pedestrian traffic there and adding such high auto intensity uses is going to make it even more difficult for the pedestrians. There are at least 3 motorized wheel chairs that come from the mobile home park along the street to the shopping center. Holsapple said consultant Bruce Hendee assures him he's up to the challenge. Holsapple said at this point people don't even have sidewalks. Chair Schmidt said that's one of the strong points --many are happy to see this development come because they have expectations that pedestrian access is also going to be improved. Planning & Zoning Board August 21, 2008 Page 11 you want to strike that from the recommendation that is fine because what we have covers it in the recommended condition. It recommends "integrally part of a planned shopping center* ... boundaries subject to change..." Holsapple said it is important to them, because they've been under extensive negotiations with adjacent property owners, that they not leave them any worse off than they are today. If they can be a little better off —that's between them and the City of Fort Collins. They (North College Motors and Pobre Pancho's) are not formally part of their application. Chair Schmidt said that if the Board does decide to go with a number like four or one and they want to change those then they could come in and request more permitted uses. Olt said staff's intention with regard to the compilation of properties (approximately 30 acres in size) is those should be functionally part of a shopping center. Staff would not be supportive of a request from Pobre Pancho's for a drive- thru restaurant gaining access solely from College Avenue (with its back turned to the shopping center.) It would not have a clear connection to the function of the shopping center. Chair Schmidt asked if the pad sites were about the same size. If we did have a lot of fast food and the trend did change, would those pads be able to be converted to other uses? Holsapple said they were not that far along to be able to answer that question —they have some conceptual ideas they are trying to refine. They really need to know if these uses are going to be allowed to make that progress. Holsapple said that typically uses regenerate. Look to College Avenue to see how things evolve. Schmidt wanted to know if we had the flexibility. If we approve drive-thrus, could it be changed to something else if it needed to be more viable? Holsapple said that typically that's also their concern. Member Lingle asked Olt with regard to Campana's suggestion that we eliminate the quantity part of this application and we do is approve additional uses; do we still maintain the ability to restrict the number of those uses at the PDP level? Lingle couldn't remember ever looking at a PDP that had allowable uses and than we said 50,000 square feet of this but not 75,000 square feet of that. Olt said from a straight numerical standpoint in either Article 3 or Division 4.19 (CCN Zoning District Land Use and Development Standards,) there wouldn't be anything that would directly say we can have no more than 6, 7, or 8 drive-in restaurants. We get into building and project compatibility in terms of criteria that both staff and the Board could use to limit the number of drive-in restaurants in this area. Lingle said he'd be concerned about just opening it up to anything without the ability to control it at some point. Member Campana said it would not be a concern for him. He is confident in the use of the compatibility argument in conjunction with the neighborhood. Chair Schmidt asked if having a gas station important to having an anchor— this gas station will definitely be a King Soopers gas station if that's the anchor. Schmidt asked if it had the ability to be sold and be a separate gas facility. Holsapple said their intention is it's tied —a loyalty card program where every dollar spent in the store gives you a discount at the pumps. But anything can happen in corporate America ten years down the road. Today with gas and food prices they feel it's is absolutely essential they have that at this location. Applicant Nathan Klein said it could be owned by Kroger but have a different flag (e.g. Loaf & Jug) for the loyalty connection. Schmidt said she finds it more palatable having the 4th gas station at that intersection if it looks like it's definitely connected with the store. Olt said what he anticipates is something like King Soopers has at Rigden Farm (Timberline & Drake) There is a kiosk which is not more than 150 square feet in size. They have personnel walking out from King Soopers to staff the kiosk in shifts. The City's also just approved a kiosk almost identical to that at the King Soopers at Planning & Zoning Board August 21, 2008 Page 10 Chair Schmidt said with regarding to the question from the gentleman on Spaulding Lane. If you're within the Growth Management Area (which the boundary on the north is Douglas Road) and your property is next to city limits then annexation is possible. The City doesn't wants to grow in a coherent fashion and do so as a part of the Intergovernmental Agreement between the City and the County. If you want to develop, then annexation is a part of that process. In that specific area it may be difficult because it's unknown how things will change there. Chair Schmidt said with regard to the air quality issues raised —does that get done as a part of the traffic study? We'll have six drive-thru restaurants within a quarter of a mile. If all those cars are there idling, will the air quality impact be looked at? Holsapple said in a typical traffic impact study air quality would not be evaluated. Schmidt asked staff if we ever do an air quality study. Are those factors consider/reviewed by staff as a part of the development review process? Eckman said with regard to ozone or other air quality issues you can consider that under #3 in Permitted Uses. You could see if these proposed uses create more ozone than other uses that are permitted in that zone district. If so than you can analyze that to say that may be or may not be approved. Holsapple said that drive-thrus are already approved in the zone. Schmidt said we probably wouldn't know that until the PDP stage and what's being proposed. Olt said as a part of the PDP review, we do have in Article 3, Section 3.4.2, air quality, section (a), -- the general development standard. The project shall conform to all applicable local, state and federal air quality regulations and standards, including but not limited to those regulating odor, dust, fumes or gases which are noxious, toxic or corrosive and suspended solid or liquid particles. That's where the Natural Resource Department, as a part of the development review process, will evaluate that air quality question. Member Rollins said that she's done a significant number of traffic studies. Air quality is a very difficult thing to look at on a site by site basis and that's why we have the North Front Range MPO. That is their job on a regional level. To try to analyze that specifically for the first time ever on this particular site for this special use would be very difficult to do. We'd be coming up with something we've not previously done in the City of Fort Collins. She is sympathetic with the concerns raised but that is typically done from a regional standpoint because that's where you have the ability to do it. There are small things you can do on layout but other than that, she didn't know anywhere where that's done. Member Lingle asked if the rezoning request that Advance Planning brought last month was officially withdrawn. Is it not proceeding to City Council? Olt said it is not proceeding onto City Council. This action is being considered in lieu of that. Member Stockover wanted to follow up on Campana's comments. If the applicant were to acquire Pobre Pancho's and North College Motors, they would own that property and it would be considered part of the shopping center. They could then use that corner as one of their restaurant sites without having to come to us. Olt said if it were acquired and included as a part of their formal site specific PDP, than it would be included and these uses would than be permitted as part of that development proposal. Eckman said that's unclear because on page 7 of the staff report staff recommends that a total of 4 drive-thru restaurants and one gas station be added as allowable uses in the CCN North College zone district: "specifically for the property at the NE corner of College and Willox (excluding North College Motors and Pobre Pancho's properties.)" These four drive-in restaurants are not to be under that language --in the memo from Olt dated August 21, 2008 it is broader than that. Eckman said the better approach is to clarify what it is you want to do and make it clear in the motion. Olt said that if Planning & Zoning Board August 21, 2008 Page 9 Olt said if a formal development plan came in on the entire group of properties and it could be designed and integrated into the shopping center then it could happen on any or all of the properties. Chair Schmidt asked if Mr. Zdenek concern about the construction of drive-thru' prior to the construction of the anchor store would be addressed. Staff member Olt said that based on the condition put before the Board, they could not occur. The City is not wanting a number of free standing fast food restaurants and a gas station that are not a part of a development with an anchor store. Schmidt asked if without the condition that would be a possibility. Olt said yes. Member Lingle asked if the City decided North College Motors and Pobre Panchos were a part of this center in terms of a PDP review, and the restaurant decided they wanted a drive-in window; would they take one of the four slots that are being requested. Would it infringe on this applicant's request? Lingle asked if that is staffs intent or could that happen as a result of that condition. Olt said they're still looking at a conceptual plan that does not include the two properties on the southwest corner of the center or the three residential properties on the north side. It is conceivable that any of those 5 properties IF included and integrally functioning as a part of the center would then, in fact, use one of the four drive-in restaurant pad sites. Holsapple said their application does not include those parcels. They don't mind whatever those owners and the City do regarding drive-thru but they wouldn't want them to come off one of their drive-thru sites. (He said it was different when the rezoning came through —that came from staff and all the properties were included.) Member Smith said if Pobre Pancho's is outside the PDP and applies independently for a drive-thru function, that wouldn't affect this application —taking away one of the four drive-thrus allowed. Staff member Olt agreed. Chair Schmidt noted any condition (relative to number of drive-thrus) is related to this application only. Member Smith said If Pobre Pancho's wanted that use in this zone, he would have to make application for that use and it would be reviewed by the Board based on its own merits. Deputy City Attorney Paul Eckman said they couldn't' just ask for it out of the blue. They have to ask for it in conjunction with a particular development proposal. See Ordinance 73-2008/1.3.4 (a) required findings... in conjunction with a particular development proposal. Chair Schmidt asked for a comparison to the application approved on consent (4800 Innovation Drive — Addition of a Permitted Use, #18-08.) It was a part of a PDP at one time. We just approved that it and it wasn't a part of a particular development proposal --it was just asking for that permitted use on that particular site. Member Lingle said it was triggered by a Minor Amendment. Olt said that Innovation Drive was a part of an approved and developed Overall and site specific development plan. Member Lingle said he brought the point up because he doesn't want to compromise the site design in including and providing internal access to these two lots on the southwest corner (which he felt was very good.) It's going to make the overall site function better but if that somehow inadvertently triggers penalty to this applicant, than everyone needs to know that up front. Either we have to say that's not our intent or they ask for five drive-thrus versus four. Member Campana noted that prior to submittal of the applicant's PDP, things might happen like they might put the property under contract or they might do a joint venture. If we were to remove the "excluding" portion related to the adjacent properties and delete the quantity than if conditions change, we have enough tools in our PDP tool box to evaluate and say "6 is too many for that property OR..." Campana's reluctant to put a restriction on it just to put a restriction on it without seeing a full PDP file. That way the Board will not have to come back if something happens between the parties and the adjacent property owners. Planning & Zoning Board August 21, 2008 Page 8 Breckenridge said that's where he wanted a rafting company to be but the City basically said he couldn't do that unless he spent $2,000,000 and that put an end to it. When he couldn't use the property on Grape for parking, he tried to put parking on his northern parcel but the County shut him down. He'd like to be able to sell the two pieces of property separated by the ditch. Chair Schmidt asked what was the size of the properties. Breckenridge responded both are 3/10s of an acre —they are mislabeled in County records because part of the property was given to the neighbor to the west and the paper work was not completed. Chair Schmidt said the all properties are in the CCN zone so all the other uses besides what we're discussing tonight would be available. Are there other reasons you've not been able to do anything on the property. Breckenridge said that's right --the CCN zone allows you to do virtually nothing. With the restrictions of the road and all the restrictions on the property with Grape Street, it's basically useless. He heard the City was going to zone CN and they were never notified that had fallen through. Now he's hearing that this zoning change will also not include them. Mike LeBate, 2915 W. Mulberry, owns Mr. Mechanic at 172 Spaulding. He's naive to the project — he's only just heard rumors. He thinks it's great from a North College business development standpoint. We get a lot of traffic from the north (Wyoming) and it would be great for them to have something there. When they come to his business they often ask about accommodations. This is a great plan. He's curious if the City's going to annex Spaulding —how will it affect Hwy 1 and the ditch? From a city growth and development standpoint, he supports this. Chair Schmidt asked if Spaulding was on the north side of the ditch. LeBate said yes, you can catch it off Hwy 1. Jerry Davis lives directly east of the applicant's property. He noted that Eric Holsapple and his group have been very courteous. One thing if this development is approved you might save people from going all the way to Harmony to shop. You would cut down on traffic heading south. He's in favor of the project and just wants to work out his situation and Eric and they are in the process of doing that. End of Public Input Chair Schmidt said the Board or staff would address the questions raised/comments made. The Land Use Code has a minimum square footage for supermarket but there is no maximum. At the time they were approved they could be as large as they wanted to be. Staff member Olt said that's correct, there is no maximum size in the definition of a supermarket. Chair Schmidt asked the applicant what types of services would be available in the anchor store. Holsapple said the trend is to add a lot more fresh produce and a lot more deli. They also bring in small appliances like toasters and coffee pots. They will have complimentary furnishings like lawn and barbeque accessories. The "other" uses are less than 15% of the total sales. There could be a Starbucks or some other coffee shop in the store. Nathan Klein said of the 123,000 square feet, 100,000 will be items found in a traditional grocery store. Chair Schmidt said tonight's proceedings are not really a rezoning. That was requested previously and the Board recommended the property not be rezoned. The applicant is requesting certain uses that are not permitted in the zone. If you are part of the development then those uses could also apply. You would be entitled to ask for them just as this developer is doing. Olt said that's correct. Within the site, proposed improvements are to extend to Grape Street to the north and to East Willox Lane to the south. Immediately adjacent to the canal are lands and uses in Larimer County. The southeast corner of the intersection of East Willox Lane and Blue Spruce Drive is currently zoned Medium Density Mixed -Use Neighborhood (MMN). Properties west of North College Avenue and south of East Willox Lane are located in the Commercial North College District (CN). Planning & Zoning Board August 21, 2008 Page 7 the process. Is it possible to come in with a PDP then go do a plat with that PDP that would allow four restaurants in the front and then bring those in individually with the PDP? Are they tied together procedurally or not? Finally, it's a difficult piece of property and he thinks the developer is doing a very good job. Chair Schmidt asked Zdenek if on his property there is another drive-in approved that is not being used at this time. Zdenek said that zone allows for drive-ins and there is still space in that area. He added --national tenants gravitate to other national tenants. You are more likely to find market need adjacent to a major super market than in an in -line situation on North College. Mike Kronenberger, Manager of North College Motors (adjacent to the proposed site), said with the original zoning request from CCN to CN heard by the Board in July, they were included. With the use of the Addition of Permitted Use, they've been specifically eliminated from any zoning change. Given the way that things change, he is requesting that his property and that of Pobre Pancho's be included in any zoning change. If drive-thru is important in marketing, maybe Frank Perez may want to have that ability to add a drive-thru to his restaurant. Secondly, it is unknown what may come down the road in 5 to 10 years. They want to be a part of the process that allows them some options. Kronenberger said the design is going to cause them to lose a part of their frontage, a part of the side road, and perhaps their access to College Avenue and to Willox--resulting in them needing to have rear access. Even though they are not being developed, they are a part of the applicant's development process. He requested those two properties are also a part of the plan for development possibilities in the future. Nancy York, a member of the City's Air Quality Advisory Board, is speaking tonight as an individual citizen. She is not in favor of adding permitted uses because they are automobile -centric. Both Fort Collins and North Front Range is out of compliance in meeting ozone requirements. With automobiles being the primary source of ozone pollution, it has become a public health issue. There will also be economic consequences if we are not able to bring ourselves into compliance. York added automobiles also release carbons and influence climate change. She believes drive-thrus for convenience sake is an old national trend. New trends are being established. With the high cost of gasoline there is a reduction in gasoline consumption and it is better for our health. She's concerned about the traffic that will be generated near the intersection of College & Willox. To add a gas station would bring the number of gas stations at that intersection to four. Finally, she asked the manager of Albertson's how many people they employ and was told 120. Those 120 employees could be directly impacted by the decision tonight. She encouraged the Board to think about the national trends and move in a new direction as a society. She asked them to consider the issues of ozone and climate change in their decision. Robert Breckenridge, 9552 Poudre Canyon, Bellvue, is the owner of the NE corner of Grape Street and North College. The City did not allow him to put a business in that location so now he's "stuck with" the property and, like Mike Kronenberger, if you're going to change the zoning for that area than it should be changed for everybody that has property there as they are being impacted by this development. Basically, he's being shut down "again" with this piece of property and not being allowed to do anything with it Member Rollins asked specifically where Mr. Breckenridge's property was located. The NE corner of Grape and College? Member Stockover asked if that's where the rafting company was a year ago. Planning & Zoning Board August 21, 2008 Page 6 good and to be in compliance with the requirements and criteria contained in Section 3.5.1; 6. Such use is not specifically listed as a "Permitted Use" in Article 4 or if such use is not specifically listed, the proposed use is specific to the proposed site, is not considered for a text amendment under paragraph (B) below, and is specifically found by the Planning and Zoning Board to not be detrimental to the public good and to be in compliance with the requirements and criteria contained in Section 3.5.1 (See Section 2.9 for procedures for text amendments.) Chair Schmidt asked if there was a magic number of drive-thrus. Holsapple said they just asked for the use —staff suggested a number. Four fast-food establishments were what they arrived at. He admitted there could be a different number later. Member Lingle asked staff how does our definition of a drive-in restaurant address things like Red Robin, Chili's or Appleby's that have parking spaces for people who pick-up food. They don't get out of their car (staff from the restaurant brings their food out.) If that's an alternative it appears it could fit without a drive-thru lane and could reduce traffic. Staff member Olt said that was an interesting thought. We really haven't ever thought of something like that. The definition of Drive -In Restaurant in the Code accommodates that type of arrangement. Lingle said that what they've heard from the neighbors is they'd like to see more sit-down establishments in that neighborhood. Would a sit down restaurant take one of the four allowed slots? Olt said no --we would not considered Red -Robin or Appleby's a drive-thru restaurant. Public Input Kathleen KilKelly, 920 Inverness (Larimer County.) The home is located off Hwy 1 to the east about 2-3 miles from this site. She'd like to know what year this property was changed to include supermarket? Chair Schmidt said in 2002 City Council approve supermarkets in this zoning district. Kilkelly said she can't believe in their wildest dreams they thought it would be a 123,000 square foot super market. She would like to request the Board not allow the additional uses to this property. There has been talk of decreasing auto -related business in the North College area. This proposal strictly relies on and caters to the use of automobile. Besides the national trend about Americans desire for convenience, there's a national trend toward obesity because people do not get out of their cars and walk. She said it is a public health concern. That concern and Board review criteria such as not detrimental to the public good and not create problems in public health are arguments against it. She believes the traffic issues are also compounded by the additional uses that depend entirely upon an automobile. She would like to ask the Board to at least substantially limit the number —not four fast food drive-thrus. Ed Zdenek, ZTI Development Group, 2120 S. College noted he had several properties in Fort Collins that he manages including the development to the south of the proposed site which includes Albertsons. He attended the neighborhood meeting and was struck by a comment from Holsapple— "did any body think we did a good job?" Zdenek said yes, he thinks they're doing okay. He does have concerns however; 1) the proposed anchor is 2.5 times larger than Albertson's due south and 2) a change of access to Albertsons due to the proposed round -about —he knows he'll more about that later at the PDP. With regard to the concern about obesity, he does use services such as pickup after a call -ahead order —most people do. Being in the marketplace, the information you are being given by the developer is pretty correct. More and more people are using these services therefore they are being included in designs. Zdenek is more interested in servicing the client. Finally, his last concern was directly south they have the ability to put in a drive-thru. He asked for a clarification of Planning & Zoning Board August 21, 2008 Page 5 Holsapple said it could be a dry cleaners, pharmacy, or bank. Holsapple said the proposed supermarket is very large, with 123,000 square feet. It'll have a lot of uses inside. For the uses around it to do well they have to be pretty convenient, otherwise people are just going to go into the store. The applicant is really trying to serve both the anchor and the drive-thru components. Chair Schmidt asked for clarification ... one anchor and everything else a drive-thru. Holsapple said no, not at all. They want to be able to accommodate tenants who need drive-thru to be competitive. Holsapple's colleague, Nathan Klein, said there is shop space with no drive-thru. There will be more than just convenience oriented tenants. Member Rollins asked if there was an access point into Grape Street from the proposed site. Holsapple said they propose a tie to Grape Street —without that one they may ultimately end up with two connections to Grape Street. Rollins said that was of great concern to her. It would completely change the characteristics of that street (it's currently a dead end street that's not even two lanes wide.) Holsapple said they've had numerous conversations with the two residential property owners. He thinks the neighbors want it... if they don't it's not integral to their development. He's aware of Rollins concern and hopes to have a win -win by the PDP. Chair Schmidt cautioned the applicant. If approved now, there is still some room for changes at the PDP stage if there are concerns about traffic or one of the uses in one of the areas is going to generate negative impacts. There are no guarantees at the PDP stage. Holsapple said they understand their site plan and traffic circulation has to work. Further, Bruce Hendee will be working with them to make sure that happens. Chair Schmidt wondered if the traffic generated would warrant a round -about. Holsapple said he did not have his traffic consultant Eric Bracke here tonight... he wasn't expecting the question. Deputy City Attorney Eckman referred to the staff report and the recently approved (March, 2008) amendment to the Land Use Code (addition to permitted uses.) He read into the record the criteria on which Addition of Permitted Uses (LUC 1.3.4) can be approved. (A) Required Findings. In conjunction with a particular development proposal and upon application by the applicant or on the Director's own initiative, the Director (the Planning & Zoning Board as specifically authorized in subparagraphs (5) and (6) below) may add to the uses specified in a particular zone district any similar use which conforms to all of the following conditions: 1. Such use is appropriate in the zone district to which it is added; 2. Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added; 3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi -public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added; 4. Such use is compatible with the other listed permitted uses in the zone district to which it is added; 5. Such use is not specifically listed by name as a prohibited use in the zone district to which it is added, or if such use is prohibited, the proposed use is specific to the proposed site, is not considered for a text amendment under paragraph (B) below, and is specifically found by the Planning and Zoning Board to not be detrimental to the public Planning & Zoning Board August 21, 2008 Page 4 shopping center in Loveland. It was a part of an 80 acre mixed use project with residential apartments. It has been very successful with King Soopers continuing to do well at that location. The site at 1908 N. College was previously owned by Jim Smith. That property has languished. Most recently Developer Jim Sullivan tried to place a smaller King Soopers anchored center. With the improvements to the Dry Creek Flood zone and the creation of the North College Urban Renewal Zone, it made the project more feasible. In addition to the 23 acres purchased from Jim Smith they are negotiating for the purchase of'/ acre on the north side of Frank Perez's (Pobre Pancho) property, the mobile home park south of Grape Street, and two residential properties on the east end of Grape Street, totaling 25.5 acres. Both Pobre Pancho's and North College Motors will stay in place. They will be providing access into the shopping center should they want it. They are negotiating with King Soopers. They don't "have the deal done." They understand that if the deal for King Soopers is not secured, they need to come in with another anchor. The fast food pads are generally being considered along the two North College entry points with an "end cap" drive-thru such as Starbucks on the north side of the site. An integral part of anchored shopping centers are drive-thru restaurants. Gasoline stations are required for an anchor tenant to consider locating on this site. For this project to be successful fast food drive-thru must be a part of the project. Fast food drive-thrus and gasoline stations are allowed in the CN Zoning west and south of the site. It's consistent with similar anchored developments. In summary, they are a capable development team who's successfully completed development of this type before, it's a catalyst project for North College supported by the North Fort Collins Business Association, and they need P&Z approval of additional uses to move forward with the PDP submittal. Neither King Soopers nor they are comfortable moving forward unless they know that these uses would be acceptable. He requested the Board's support. Member Lingle noted the gas station depicted there was a canopy with gas stations only. At work session the Board considered adding a condition that excluded minor vehicle repair from the allowable uses under a gas station. Would that be acceptable to the applicant? Holsapple said he did not have a huge problem with it. Member Wetzler asked if they were considering a vehicle emissions site. Holsapple said they do not have the size to accommodate that use and preserve the wetlands. Chair Schmidt asked if Grape Street would stay as a street and if you don't acquire the properties, would it always require people to come in and out via that street. Holsapple said they intend to provide accesses for the Grape Street residents. They are not proposing to close Grape Street. There will be a plan that comes from CDOT (Colorado Department of Transportation) and the City. It is they who make the decision on how Grape Street will work. The applicant thinks it's important for connectivity to provide access that serves that neighborhood. Chair Schmidt asked about the neighbor's feedback on permitted uses at the neighborhood information meeting. Holsapple does not remember any specific information on drive-thrus. Staff member Olt added there was not any real detailed/specific discussion on permitted uses. Holsapple said there have been some conversations with the Mayes (who live directly north) about moving access to the east end of Grape Street. Chair Schmidt asked if drive-in restaurants are allowed to have sit-down if they choose to. Olt said yes. Holsapple agreed. Schmidt asked what else besides drive-thru restaurants are you considering. Planning & Zoning Board August 21, 2008 Page 3 Gasoline Station shall mean any building, land area, premises or portion thereof, where gasoline or other petroleum products or fuels are sold and light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning may be conducted. Gasoline Station shall not include premises where heavy automobile maintenance activities such as engine overhaul, automobile painting and body fender work are conducted. The Applicant has provided the following description of the surrounding area: The project site is generally located on the east side of North College Avenue at the northern 'Gateway' of the City limits. In its current state, North College Avenue lacks curb & gutter, sidewalks, and streetscape along both the east and west sides of the street as well as the operational capacity to accommodate the traffic generated by the development of the area. Within the site, proposed improvements are to extend to Grape Street to the north and to East Willox Lane to the south. Currently, Pobre Pancho's Mexican restaurant and North College Motors auto dealership exist at the southwest corner of the proposed site. The eastern edge is currently a natural area with some wetlands extending into the center of the site. The natural area is mostly surrounded by the Larimer & Weld Canal to the north and east with a small section at the southeast corner abutting an existing residential property in the County. Immediately adjacent to the canal are lands and uses in Larimer County. The southeast corner of the intersection of East Willox Lane and Blue Spruce Drive is currently zoned Medium Density Mixed -Use Neighborhood (MMN). Properties west of North College Avenue and south of East Willox Lane are located in the Commercial North College District (CN). In addition to the Applicant's contextual analysis, Staff notes that the property directly south, across East Willox Lane, is an existing Albertson's Supermarket -anchored shopping center that contains an Albertson's gasoline station and a Burger King drive-in restaurant. A Neighborhood information meeting was held Thursday, August 7, 2008. There was significant attendance at that meeting. Notes for that meeting will be available at the time the Board reviews the Project Development Plan (PDP.) Staff recommends that Drive-in Restaurants, a total of four (4), and Gasoline Stations, a total of one (1), be added as allowable uses in the Community Commercial North College zone district specifically for the property at the northeast corner of North College Avenue and East Willox Lane (excluding the existing North College Motors and Pobre Pancho's properties), to be known as the North College Marketplace - #23-08. A recommended condition of approval memo (dated August 21, 2008 from Olt) was included in the Board's materials for their consideration tonight. The memo speaks to the proposed addition of permitted use —building permits will not be issued on any building until a formal development plan has been submitted, reviewed, and approved on the proposed site and a building permit has been issued for an anchor store of not less than 45,001 square feet in size in the center. The project outside boundaries are subject to change within the defined CCN District bounded by North College Avenue to the west, East Willox Lane to the south, the Larimer & Weld Canal to the north and east, and the residential property in Larimer County to the east. Chair Schmidt asked for confirmation that the uses approved tonight would be a part of the outside boundaries when the PDP is reviewed. Olt replied yes. Eric Holsapple, Manager of Loveland Commercial and 1908 N. College, LLC, introduced partners Nathan Klein and Blaine Rappe. Also with them was Bruce Hendee of BHA Design. They are developers of Thompson Valley TowneCenter, an 115,000 square foot King Soopers anchored Planning & Zoning Board August 21, 2008 Page 2 Project: North College Marketplace —Addition of a Permitted Use, #23-08 Project Description: This is a request to add Drive-in Restaurants and Gasoline Stations as an Addition of Permitted Uses in the Community Commercial North College zone district specifically for the property at the northeast corner of North College Avenue and East Willox Lane (excluding the existing North College Motors and Pobre Pancho's properties). The property is undeveloped; however, a supermarket -anchored shopping center is being proposed. This request for the addition of permitted use includes restaurants with drive-in/through facilities and gasoline stations. More specifically, the proposed permitted uses would allow for a maximum of one (1) gasoline station and four (4) drive-in restaurants. The request is intended to further facilitate the redevelopment of a critical property within the North College Avenue Corridor. The parcel is approximately 26 acres in size and zoned CCN, Community Commercial North College. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence Interim Planning Director Steve Olt reported the site is currently undeveloped. The proposed uses, Drive-in Restaurants and Gasoline Stations, are not permitted in the CCN District. The proposed uses have been reviewed by the criteria of Section 3.5.1 which addresses compatibility with the surrounding area. This new process was recommended for approval by the Planning and Zoning Board in May of 2008 and granted final approval by City Council on July 1, 2008. The process is equivalent to a Type Two review in that a neighborhood meeting is required and consideration is by the Planning and Zoning Board. The new Addition of a Permitted Use is basically an extension of Section 1.3.4 of the Land Use Code which, prior to July 1, 2008, allowed the Director to add a use to a zone but only so long as: • Such use is not specifically listed as a "Permitted Use" in Article 4; • Such use is not specifically listed by name as a prohibited use in the zone district to which it is added. Now, under the expanded process, the Planning and Zoning may add a use to zone under the following criteria: • Such use may be specifically listed as a "Permitted Use" in Article 4; • But, such use, if approved, would be allowed only for the one specific parcel as requested by the applicant and not on a zone district -wide basis. The property is undeveloped; therefore, there have not been any previous uses, other than possibly residential uses. No structures currently exist. Proposed uses are defined as: Drive-in Restaurant shall mean any establishment in which the principal business is the sale of foods and beverages to the customer in a ready -to -consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. o Planning •Zoning • - August00 Council Liaison: Diggs Brown Staff Liaison: Steve Olt Chair: Brigitte Schmidt Phone: (H) 224-9418 Chair Schmidt called the meeting to order at 8:00 p.m. Roll Call: Campana, Lingle, Rollins, Schmidt, Smith, and Stockover, and Wetzler Staff Present: Olt, Eckman, and Sanchez -Sprague Agenda Review. Interim Director Olt reviewed the Consent and Discussion agenda. Citizen participation: None Chair Schmidt asked members of the audience and the Board if they wanted to pull items off the consent agenda. Member Lingle asked that the minutes for the July 17`h meeting be taken from consent as he wanted to recommend changes. Consent Agenda: 2. 4800 Innovation Drive —Addition of a Permitted Use, #18-08 Discussion Items: Minutes from the July 17, 2008 Planning and Zoning Board Hearing North College Marketplace — Addition of a Permitted Use, #23-08 Member Stockover moved for the approval of the Consent Agenda including 4800 Innovation Drive — Addition of a Permitted Use, # 18-08. Member Smith seconded the motion. The motion was approved 7:0. Minutes from the July 17, 2008 Planning and Zoning Board Hearing Member Lingle asked for the following changes: Page 11, paragraph 2 to "...current zoning as compared to a rezoning." Page 11, paragraph 4 to "... Has the sentiment changed? Waido said... Chair Schmidt asked for the following change: Page 4, end of paragraph 4 to "...grade change there. It is likely there is a flat section between fence and curb." Member Stockover moved for the approval of the July 17, 2008 Planning and Zoning Board Hearing minutes as revised. Member Campana seconded the motion. The motion was approved 7:0.