HomeMy WebLinkAboutNORTH COLLEGE MARKETPLACE - ODP - 42-08 - MINUTES/NOTES -Planning & Zoning Board
January 15, 2009
Page 10
and Weld Canal as part of this development proposal) the North College Marketplace,
ODP provides for pedestrian and bicycle circulation systems to Tavelli Elementary
School via the existing street and sidewalk networks in the surrounding neighborhoods
adjacent to the property, as set forth in Section 3.2.2(C) (6). The North College
Marketplace, ODP provides for private drive accesses to North College Avenue (a 4-lane
arterial street) and Willox Lane (a 2-lane 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 ODP is
considered to be in conformance with Sections 3.6.3(C) - (F).
* Section 2.3.2(H)(5) - The ODP has two (2) existing wetlands and the Larimer and 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 ODP is consistent with the Dry Creek Drainage Basin Master
Plan.
* Section 2.3.2(H) (7) - This section of the LUC is not applicable to the ODP because there
are no residential uses being proposed as part of the project.
* The 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.
Member Lingle seconded the motion. The motion approved 7:0.
Project: 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 Description: This is a request: to recommend to City Council, the approval of the
South College Corridor Plan and related items, including:
■ amendments to City Plan involving changes to the City Structure Plan
■ changes to the Land Use Code, including
o Division 3.11 - Development Standards for the South College Gateway
Area
o Division 4.20 Limited Commercial District (C-L)
o Division 4.22 Commercial North College District (C-N)
o Division 4.23 Neighborhood Commercial District (N-C)
o Division 5.1 Definitions
■ Six (6) rezonings to comport with the South College Corridor Plan, City
Structure Plan, and Land Use Code amendments.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence
Staff presentation:
Senior City Planner Timothy Wilder reported the South College Corridor Plan (SCCP) has been
developed by City staff and a consultant team, including Jeremy Call of EDAW, with extensive public
input. An on -going and extensive outreach program was initiated which provided a more inclusive
audience for each stage of the plan development. In total, eight public events were held along with
numerous meetings with individual stakeholders. Added to the meetings were a 2,200 survey returns,
Planning & Zoning Board
January 15, 2009
Page 9
Eckman said perhaps what you could do instead of that is simply require that the ODP diagram be
amended as Mr. Hendee has suggested and make sure that staff checks that. Schmidt said the
motion could be somewhere along the lines that we recommend approval of the ODP with the
following changes:
• Access arrows to the Pobre Pancho's and North College Motors
• Limits of construction line omitted
• Roundabout diagram would change to an arrow with the note added that the final intersection
solution would be determined at the time of the PDP
• Understanding that there are only going to be two access points off North College
Staff said the number of access points off North College would be determined by CDOT.
Stockover and Campana withdrew their motion.
Chair Schmidt made a motion to recommend approval of the North College MarketPlace
Overall Development Plan, #42-08 with the following changes to the ODP:
• One arrow with a flag note the properties on the southwest (presently Pobre Pancho's
and North College Motors) will have access as needed
• Limits of construction line would be omitted
• Roundabout diagram would change to one arrow and the final geometry of that
intersection will be determined at the PDP stage
In support of the motion she referenced the Fact and Findings/Conclusions on pages 5-7 of
the staff report.
* Section 2.3.2(H) (1) - The 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 & drive-in restaurants, small
retail, and bank). The applicant currently has a PDP for Phase 1, containing existing
wetlands on 10.9 acres, and a PDP 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 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 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 accesses to both North College Avenue
(to the west) and Willox Lane (to the south). The existing wetlands and the existing
.Larimer and Weld Canal makes the ability for connecting streets into the adjacent
properties to the north and east unfeasible. The ODP is considered to be in
conformance with Sections 3.6.3(A) - (F). The Traffic Operations Department and the
Transportation Planning Department have 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. The TIS is in conformance with the
Transportation Level of Service Requirements.
* Section 2.3.2(H) (4) - The ODP provides for the location of transportation connections to
adjoining properties for vehicular, pedestrian, and bicycle movement. As part of the
proposed trail connection to Spaulding Lane (including the bridge across the Larimer
Planning & Zoning Board
January 15, 2009
Page 8
Lingle would also encourage the Board to consider having access arrows added to the ODP to show
internal access to the two corner properties. The reason is this developer has every intention of
providing that and they have worked diligently with those two property owners to do that. The ODP
will survive this development so if this developer wouldn't proceed, there wouldn't be anything that
would bind a future developer to honor the agreements that this developer has made. If we could add
those to show some provision for internal circulation to those, he thinks that would be good. Olt asked
for clarification —extend this arrow north and off that have a line with two arrows --one to Pobre
Pancho's and the other to North College Motors. Hendee said that works.
Member Campana asked if the Board could just condition the approval on providing access to those
properties. Then the development agreement would have that language in there so we wouldn't need
it on the ODP. Lingle said his concern is there may not be a PDP. Campana asked if they could
condition it rather than showing it on the ODP. Lingle said he doesn't care if it's one arrow or two
arrows, it can be one arrow with a note that says if it remains two individual properties, that access will
be provided. Hendee asked if they could put one arrow and just put a simple flag note that states
that they'll provide access to those adjacent properties as necessary
Chair Schmidt asked if there needed to be a revision to take the limits of construction line out. She's
fine with that so long as it still allows people to use that area if they want to comment on Phase 1.
Olt said they'll have that right. The filling of that existing wetland is part of the first filing Wetlands
PDP and they will have the ability to comment. Chair Schmidt asked if a "limits of construction" line
would be on the PDP. Olt said yes.
Motion:
Member Stockover moved to approve item # 3, North College MarketPlace Overall
Development Plan, # 42-08. In support of his motion he adopts the Facts and Findings/
Conclusion as contained on page 5, 6 and 7 of the staff report. He also conditioned the
approval: item 4 on page 5—Transportation to read primary access points to the property will
be from 2 private drives from North College Avenue on the west and 3 private drives from
Willox Lane on the south. The actual private drive locations, alignments and design are to be
further determined with site specific development 'plans for the North College MarketPlace.
Other conditions are the ODP depict the access as necessary to the existing properties
currently occupied by North College Motors and Pobre Pancho's and the limit of construction
will be eliminated from the ODP. Member Campana seconded the motion.
Member Rollins asked to propose a friendly amendment to relative to Page 5, item 4: At the
beginning —primary access points to the property from 2 (strike possibly 3). Olt said that would more
correctly define what's actually going to occur. The motion above was changed to reflect that.
Chair Schmidt asked if that change means the round about disappears from the graph. Stockover said
it won't disappear, the design would be determined with site specific development plan. Schmidt said
that wouldn't totally satisfy her. She would prefer the ODP does not show it on the diagram. Olt said
the legally binding document, once approved, would be the ODP map. Rollins recommended they
cross through the roundabout like a standard intersection and put a "to be determined at the PDP
stage." Hendee said they'd like to just show an arrow and make a condition that the appropriate
intersection solution is selected based on engineering and transportation standards. Schmidt said
the motion language is fine; she just needs to know that the graph will change. Hendee said they're
fine if they wanted to make a condition that the graphic be changed to add an arrow and not a
roundabout because the solution will be determined later by the staff and the applicant.
Planning & Zoning Board
January 15, 2009
Page 7
plan does include the work to be done around the existing wetlands —they show a "limits of
construction line" that overlaps onto what will be the second phase.
Schmidt asked if we've done this kind of thing before. Olt said this isn't unusual. What we're looking at
is an overall development plan that shows ultimately the general planning concepts for the entire
property. It accommodates what the ultimate phased plans represent in terms of land use and
construction. Schmidt asked if it is more geared toward land use not what you're going to be working
on 1 sc or 2"d. Olt said that's correct.
Schmidt said at the work session the Board had a lot of questions related to the traffic study. She
wanted to confirm that by approving the ODP, they are not approving the traffic study that was a part
of the staff report. Her impression is traffic considerations will be reviewed at the PDP stage. Olt said
the traffic study was the one submitted with the Wetlands PDP. Schmidt asked why we're looking at a
round -about on this ODP. Schmidt said she's a little leery of doing that at this phase when there is a
lack of detail. Member Rollins asked if they could just add a note to the diagram that a round about or
a standard intersection will be determined at the PDP stage. Eckman said it makes more sense to
show it that way if the applicant agrees. Hendee said there are fine with it "just as an access point as
long as they have the latitude later based on the traffic study to have the appropriate solution. "
Concerning the `limits of construction line, Hendee said this is a land use relationship diagram. If the
limits move around some, they'd rather just not have the line on there and still be able to do the
construction as is required. The reason that'd like that is they're finding some lime deposits based on
sugar beet tailings on site that might require the limits to change.
Member Campana asked if they wanted to take it off their ODP and put it on the PDP. Hendee said
yes. Chair Schmidt asked if the line was there to show the level of construction that might be
happening to work on the wetlands situation. Hendee said yes.
Public Input:
Barry Lewis asked if the point of this discussion was to approve certain uses for this development. Olt
said the ODP simply approves commercial uses on one portion and the wetlands use (to be retained)
on the other. Lewis said he's involved with the center to the south and he agrees that the round
about should be held off until there are further studies. He also had a question with regard to the road
going through on Willox; will it be widened to the south? Is it a part of the traffic study and to be
determined later? Chair Schmidt said as the specific proposals come in later, there will be more
traffictcirculation information from which decisions will be made.
Kathryn Swanson lives north of Spaulding Lane in the development built by Pete Sherman. It's called
Falcon Hills. When they were at the last P&Z Hearing (Addition of Permitted Use,) they said there
would be no pedestrian access from Spaulding Road but she understands on the new plan that there
will be a pedestrian bridge so they can walk or bike to the center. She asked if you can only turn right
at the three arrows noted on College Avenue. She asked if when you are coming from the North do
you still have to go all the way to Willox to get access to the shopping center. Virata said if traveling
south on College you could make a left hand turn either at Grape Street Access or the access just
south of it. She also added they are thrilled that there would be wetlands preservation.
End of Public Input
Board Questions:
Chair Schmidt asked if the Board was ready for a motion. Member Lingle said he'd like to talk about
conditions first.
Planning & Zoning Board
January 15, 2009
Page 6
Hendee said Eric Holsapple of Loveland Commercial, LLC; Lindsay Shelphant of Ayres & Associates
and Eric Bracke, the transportation consultant, are present and available for questions.
Board Questions:
Member Lingle thanked Mr. Hendee for providing the ODP drawing. Lingle noted the internal
circulation from the new access points is not really depicted on the ODP. Does the ODP assume the
access points stay as they are currently? Lingle asked if the ODP should depict (with arrows) that
internal circulation is being provided to the Pobre Pancho's and North College Motors properties. Olt
said what we're looking at is a driveway connection internal to the site. Typically the ODP is showing
major points of access into the properties without getting into the lower level internal circulation
patterns. Olt said if the Board felt it appropriate, they could make that kind of a modification to the
plan.
Member Rollins asked for clarification, will there not be new pedestrian sidewalks on the west side of
College Avenue. City Engineer staff member Marc Virata understands the Urban Renewal Authority
is in favor of having sidewalks along the west side of College abutting the property. The final details
have yet to be worked out. Technically it's not related to this project. Rollins asked if Engineering
would work out that design of College Avenue. Virata said yes.
Member Rollins asked for clarification of pedestrian access across College Avenue. She was
concerned the residents of the mobile home park near the Y will not have a crossing until they get all
the way down to the signalized intersection of Willox & College. Virata said that's what they are
currently working towards.
Member Stockover said that when he looked at that he envisioned them crossing at the light at the "Y"
and coming down that pedestrian bridge north of the project —it'd be the shortest route for the
residents of that mobile home park. Stockover said that is a signalized light. Chair Schmidt said on
her way into the meeting she noted it takes one full cycle if you're trying to make a turn south on
College and there's one pedestrian crossing the intersection. They'll definitely need to make changes
to the light cycles if there's going to be heavy pedestrian crossings.
Member Rollins said it is difficult to get pedestrians to walk 'out of direction' when they're trying to go
the opposite direction. It takes a lot of encouragement. She recognizes that determination is not
associated with the ODP but with the Project Development Plan (PDP). Depending on the distance,
she's wondering if other pedestrian facilities between those two points should be made on College.
Virata said they could certainly talk about that with the folks doing the design.
Chair Schmidt said there is a large section that says 'limit of existing wetlands' in the middle of ODP
Phase 2 portion. Is that part of the wetlands going to be filled in to enhance the other wetlands? If
that part is affecting the other part, shouldn't the ODP Phase 1 line actually include that?
Environmental Planner Dana Leavitt said to answer Schmidt's first question regarding the limits of the
existing wetlands —those are being filled in as part of Phase 1 development for the Wetlands PDP.
The other area within that Wetlands PDP will be used for mitigation of the impacted wetlands. As to
the question of whether that area should then be a part of Phase 1, there had been an internal
discussion and at that point it was decided that it didn't need to be. They could actually do grading
work as a part of the plan approved for the Wetlands PDP.
Schmidt said her only concern is when that PDP comes for Administrative Review and there are
member of the public that want to speak to the wetlands issue, they really won't be able to speak to
anything outside that particular Phase 1 PDP. If they have concerns about the other wetlands being
filled in, they can't register their concern because it's not Phase 1. Leavitt said the Wetlands PDP
Planning & Zoning Board
January 15, 2009
Page 5
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 (in the development review process but has not
yet ready to go to public hearing) and Phase 2 is identified for Commercial Uses (supermarket,
gasoline station, standard & drive-in restaurants, small retail, and bank. Phase 2 is in the
development review process (been through one round) but is as not yet ready to go to public hearing.
The applicant currently has a PDP for Phase 1, containing existing wetlands on 10.9 acres, and a
PDP for Phase 2, containing the commercial shopping center on 17.4 acres, in the City's development
review process. Tonight the Board is reviewing the overall development plan for the property as
required by the Land Use Code (LUC). It is to establish general planning and development control
parameters for projects that will be developed in phases with multiple submittals while allowing
sufficient flexibility to permit detailed planning and subsequent submittals.
Approval of an ODP does not establish any vested rights to develop property in accordance with the
plan. This is a request for approval of a 2-phase ODP for wetlands and commercial land uses
permitted in the CCN, Community Commercial — North College District, as defined in Section
4.19(13)(2)(b)4 — Public facilities, Section 4.19(B)(2)(c) — Commercial/Retail Uses, and Section
4.19(13)(3)(c)4 - Supermarkets of the City of Fort Collins LUC.
The wetlands are considered a public facility, a Type 1 Review which will go to a Hearing Officer.
North College MarketPlace, by virtue of a proposed supermarket, is a Type 2 requiring Planning &
Zoning Board review. That Project Development Plan (PDP) is not being discussed tonight.
Applicant's Presentation:
Bruce Hendee, BHA Design, said he did not have a lot to add. At the work session there was a
question about access points along College Avenue. The very top one (at the very north) currently is
the approved access under the CDOT Access Control Plan. As a part of this development there will
be a change request to move that access point to the south. If that is approved, the Grape Street
access will be eliminated. If that's not approved, the Grape Street access is the one that will be used.
Hendee said the Board also had a question about access around College & Willox where North
College Motors and Pobre Poncho's are located. As part of the development plan, the access will be
preserved for them and will come from the access -arrows that are shown on the ODP. Pobre Pancho
and North College Motors access off College &,Willox will be closed with access on the back side of
their properties. Their access is preserved as a part of the overall development.
The City, through the Urban Renewal Authority, is building the streets as well as the wetlands. They
will own those when the project is completed.
They will have pedestrian access that'll connect the project to College. Pedestrians will have easy
access into the site. As part of the development, they will be providing sidewalks along College
Avenue on the west side. There is a sidewalk that is shown on the plans that goes in front of the Mini -
Mart (west side) but it will not extend along the west edge of the road at this time. Taking with the civil
engineer, they noted the College Bridge is limited so providing pedestrian access across it is difficult
(if not impossible). The project will be providing a pedestrian bridge over the Larimer/Weld Ditch.
As part of the upgrade of the overall North College there will be landscaped medians on College.
There will be high -quality, upgraded landscape installed along the frontage of the shopping center.
They have two areas that will be gateway development through both urban design and landscaping
and it will really enhance entry experiences. The details of all of that will be available through the
Project Development Plan (PDP) that will come at a later time.
Planning & 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
Hearing Testimony, Written Comments and Other Evidence
Member Lingle left the Chambers because of a conflict of interest on this oroiect.
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 1st 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 1st 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. Henan 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.
Planning and Zoning.•. • Minutes
January 15, 11•
• 11 •
Council Liaison: Lisa Poppaw Staff Liaison: Steve Dush
Chair: Brigitte Schmidt Phone: (H) 224-9418
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 '/z 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