HomeMy WebLinkAbout1008 MANTZ PLACE - PDP & APU - PDP120011 - DECISION - MINUTES/NOTESPlanning & Zoning Board
June 21, 2012
Page 18
Member Schmidt said she did not want to condition hours of operation because staff may need to come
in early and she did not think that it would be detrimental to the neighborhood. She said the reason she
changed her mind is she thinks the house will look compatible and has the greatest protections. She
thinks re -platting offers less protection to the neighborhood.
Member Carpenter said as she said before she will not be supporting it because she does not believe it
is compatible in a single family residential neighborhood.
The motion passed 6:1 with Member Carpenter dissenting.
Project: 220 E. Olive Modification of Standard, #MOD120005
Description: This is a request for a stand-alone Modification of Standard to Section 3.2 K) (1)
(a) which establishes the minimum number of parking spaces for multi-f ily
dwellings. The Land Use Code requires a minimum number of parki spaces to
serve the proposed apartment building. Based on the mix of one d two
bedroom units distributed across 42 units, 67 parking spaces w Id need to be
provided on the site. The- applicant is requesting zero parkin paces be provided
n the site. As mitigation, the applicant is proposing to pr ide 40 parking spaces
a ss Olive Street in the City of Fort Collins public pyRing lot. These 40 spaces
area ilable and would be secured with a long to ease in accordance with the
leasing p edures of the Parking Services
The pending D.P. would be a residential
northwest come f East Olive Street and
would be demolishe The new buildin c
parcel is zoned N-C-B, NeighborhoodAom
Recommendation: Approval with condition.
Hearing Testimony, Written Comments an ther Evidene
The recorder reported emails in opposition re received from
20 and Paige Lunberry on June 21. An ail in support was n
ment of the City of Fort Collins.
act at 220 East Olive Street at the
3ws Street. The existing building
include 42 apartment units. The
ition Buffer. .
on 6/19, Bret Larimer on June
Bruce Hendee on June 21.
Senior PlanXI
hepard said 0 East Olive Street Apartment Buildin ("Library Lofts") is a pending
residential dent proje . A stand-alone Request for Modification of Standard is allowed per
Section 2.8.rante , is valid for only one year by which time a Projectbevelopment Plan
incorporatinifi ion must be filed. The request has been evaluated by t criteria of Section
2.8.2(H) anin compliance due to the provision of 40 parking spaces bei located across
the street ad with a long term lease. With this an angement, along with other itigation
measures, tng P.D.P. would be equal to or better than a plan that would have pr ided67on-
site parkingA condition of approval is recommended regarding enforcement of th roposed
She rd displayed photos of the adjacent properties. He said staff recommends approval of the RI
foyModification of Standard to Section 3.2.2(K)(1)(a), which would allow the pending 220 East Oliv
partment Building Project Development Plan to have zero parking on -site, subject to the following
condition:
Planning & Zoning Board
June 21, 2012
Page 17
Board Discussion
Member Hatfield said because they will not impact parking, they will not be having noisy parties, and they
will not likely have complaints; he thinks they' will make good neighbors. He's in favor of the use.
Member Carpenter said if there was some way we could say it would stay as Elderhaus offices/church
use; she'd be more comfortable with this. She has a problem philosophically changing a single family
house in a single family neighborhood into an office. We don't know what comes next and then we don't
have control of it. It's not something she can support.
Member Schmidt asked about requirements for home occupation. Prather said the process began with
former City Planner Steve Olt. He recommended added use because the church is allowed in the NCL
district but office use was not. If the church wanted to have an office there, we could. When we want to
rent to another entity, that's where the added use was needed and that's why they're here tonight.
`Lorson said they are not proposing office as an accessory use to a single family house as it would be in a
home occupation situation. In home occupation it has to be'less than % the square footage of the house
and only one employee. Schmidt she can really understand the neighbors concerns and our lack of
control. She doesn't have any problems with what the church is proposing but the fact that we don't have
control after that is very worrisome to us and the neighborhood. Would the church consider church staff
there and Elderhaus staff in the church. Prather said Elderhaus much prefers the use of the Mantz
property because of the easier access.
Chair Smith asked if the church wanted to use this as an office they would have to go through the exact
same process. Lorson said yes. Because they are on separate lots, it cannot be considered accessory
to the church.
Member Campana asked if the church owned all the properties, couldn't they remove the lot line with a
replat. Lorson said we'd have a similar review for the replat.
Member Stockover said in his mind the situation is on the edge of the neighborhood. He does
understand that particular neighborhood has a lot going on near the 7-11 store at Mulberry and Shields.
He said moving forward to a worst case scenario —getting an office use/1000 square foot neighbor can
we live with that; he thinks so. Are we enabling a good use of a property; he thinks so. He thinks the
highest and best use is office versus rental. He will be in support of the addition of permitted use.
Eckman referred the board to page 5 of the staff report for the findings of fact and conclusion. He does
not believe B and C are required. He also referred the Board to LUC 1.3.4 Addition of Permitted Use
Required Finding (appropriate, conforms to basic characteristics of zone, does not create offensive
noise, vibration, dust, heat, etc., compatible with other listed permitted uses in the zone district) and
subparagraph (B) finds it not detrimental to the public good and would be in compliance with the
requirements and criteria contained in Section 3.5.1 -Compatibility. He'd refrain from reference of facts,
findings and conclusions B but he asked that they do include not detrimental to the public good and
would be in compliance with the requirements and criteria contained in Section 3.5.1.
Member Schmidt made a motion that the Planning & Zoning Board approve the Addition of
Permitted Use (APU) for 1008 Mantz Place, # PDP120011 based on the fact the APU is in'
conformance with the required findings in Section 1.3.4 of the LUC, it is not detrimental to the
public good and it meets the standards of LUC Section 3.5.1. It also includes the condition that
the office use shall only be permitted so long as the existing structure at 1008 Mantz Place is not
altered, expanded or demolished in any way other than what Is proposed with this approval. - Any
sign would need to be in conformance with those allowed for home occupations. Chair Smith
seconded the motion.
•
Planning & Zoning Board
June 21, 2012
Page 16
Member Schmidt asked if we cannot condition to a particular owner, can we condition hours of operation,
etc. Lorson said yes.
Applicant Presentation
Pastor Bill Prather of American Baptist Church, 300 South Shields Street said the church began the
Elderhaus ministry in 1980. They are located across Shields on church owned property. He said they
have a crying need for office space. The church had a previously empty home to square up the half
block east of Shields and seeing Elderhaus's need, would like to propose they be allowed to rent the
property to them. The proposal is to have the office staff move in for use during the work week. It would
be a rather unobtrusive use of the property with no signage and no visible changes to the residence.
Member Schmidt asked if the office staff expect many visitors. Prather said the plan is to have non -client
contact staff occupy the space.
Member Kirkpatrick asked for what the property had been used to date. Prather said as a single family
residence.
Member Schmidt asked about the property to the west, is that the parking lot for the church. Prather said
correct. He said it would be pretty easy access to parking there are some bushes between them but
there would also be driveway.
Chair Smith said one of the letters received spoke of signage. Smith asked staff if we could condition
approval there would be no signage. Lorson said any sign would be limited to 4 square feet as are home
occupation signs. Deputy City Attorney Eckman said they could be conditioned to allow at least as much
as a home occupation. Smith said that is the default —that which would be allowed by any other
residence.
Member Stockover asked if we consider this a home occupation would they not'need a change in use.
Lorson said Stockover is correct but the sign code is silent on this change of use in this district therefore
we would defer to the code as to what's allowed in the case of home occupation.
Member Hatfield asked if the garage going to be remodeled or still be used as a garage. Prather said it
will be used as a garage. Hatfield said it appears they have parking for.5 and don't need that many
spots. Prather agreed. _
Member Kirkpatrick said if we were to condition hours of operation between 8-5 would that be a
hindrance to staff. Prather said not regularly but he would hate to have a code enforcement officer called
for'/z hour on Saturday. Prather said the goal is to be there from 8-5. Lorson said there wouldn't be
people there late at night which is sometimes a nuisance in a rental.
Member Schmidt asked if they were considering this a long-term arrangement or will Elderhaus be
relocated to a larger facility. Prather said Elderhaus is its own separate 501(C) 3 so they need to
manage their own space requirements as they have need. For now it seems like a good use of this
church owned property. They hope to have that relationship work as long as possible.
Member Schmidt said should something change and Elderhaus does not need the space; what happens
then. Lorson said from staffs perspective, that's why we tried to limit it to stay as a single family house
to meet the pattern of the neighborhood.
Public Input
None
Planning & Zoning Board
June 21, 2012
Page 15
existing Elderhaus Adult Day Programs located across the street at 605 South
Shields Street. Four support staff employees will work from 8 a.m. — 5 p.m.,
Monday through Friday at this location. The Elderhaus is a missionary program of
the American Baptist Church, located directly to the west, across Shields Street, of
the proposed office. The only physical changes proposed to the property are a
new street tree in the front yard and an alteration to the sidewalk in order to be
compliant with the American with Disabilities Act (ADA).
Recommendation: Approval of the Addition of Permitted Use with one condition:
The office use shall only be permitted so long as the existing structure at
1008 Mantz Place is not altered, expanded or demolished in any way other
than what is proposed with this approval.
Hearing Testimony, Written Comments and Other Evidence
The recorder reported emails had been received from Michele Haefele, Mike Knowles, and Linda Seals
dated 6/21/12 in opposition. She noted copies of the emails were in the Board's read before packet.
City Planner Seth Lorson said the request has been reviewed and found to be in compliance with the
required findings for the Addition of a Permitted Use (Sec. 1.3.4), General Development Standards
(Article 3), and the NCL District (Sec. 4.7). He said the neighborhood informational meeting took place
on February 23, 2012. Neighbors expressed concern about the possibility of the American Baptist
Church selling the property and another owner utilizing the office use. Consistent with zoning laws, the
City cannot allow or deny a use based upon the tenant. And therefore cannot create conditions that
would disallow the use if the property were it to be sold. In an effort to limit the impacts of the proposed
use a condition restricting the alteration of the subject property is recommended: The office use shall
only be permitted so long as the existing structure at 1008 Mantz Place is not altered, expanded or
demolished in any way other than what is proposed with this approval.
In reviewing the request to add Office as a permitted use at 1008 Mantz Place, staff makes the following
findings of fact:
A. The proposed Addition of a Permitted use is in conformance with the required findings in
Section 1.3.4 of the Land Use Code.
B. The proposed Office use at 1008 Mantz Place is in conformance with Section 4.7,
Neighborhood Conservation Low Density District, of the Land Use Code.
C. The proposed Office use at 1008 Mantz Place is in conformance with Article 3, General
Development Standards, of the Land Use Code.
Staff recommends approval of the request for Addition of a Permitted Use to allow Office at 1008 Mantz
Place, PDP120011, subject to the following condition:
The office use shall only be permitted so long as the existing structure at 1008 Mantz Place is not
altered, expanded or demolished in any way other than what is proposed with this approval.
Member Hatfield asked how much opposition had been -raised to the proposal. Lorson said three emails
received today. Lorson said he spoke to one of the neighbors who were concerned that if the home was
demolished they could build an office building. He let her know of the condition of approval —it is
recommended it remain in its current state.
Planning & Zoning Board
June 21, 2012
Page 14
Member Smith said he agrees. He thinks we have the protections in Article 3. He thinks this process will
promote innovation and in having better projects than might normally occur. The fact is development has
been occurring along the river corridor. It has a lot of great protections as it is. There is prime
opportunity for signature projects that do nothing but enhance the river corridor and protect the resource
that it is.
Member Schmidt said that if someone wanted to do a signature project we could do it under the current
code because she thinks the board would support it.
Motion was approved 5:2 with Members Hatfield and Schmidt dissenting.
Member Stockover thinks we have adequate protections for NCM and NCB
Member Schmidt said she doesn't see what protections NCM and NCB zones have except for
compatibility. They are not like a historic district or the river which have some basic protections in Article
3. From her perspective, the public outreach was somewhat limited. That was the main concern
expressed by citizens who attended the open house. She thinks she needs to support those concerns.
In a pilot they would rather not see the neighborhoods included.
Chair Smith said simply because the Eastside/Westside neighborhood discussions are coming back up,
he's okay with excluding these two zone districts.
Member Carpenter agreed.
Member Kirkpatrick said she thinks its also interesting if we take out the Laurel School Historic District,
that takes out almost all of the NCM and NCB residential sections except for a tiny pocket north of CSU
on the outskirts of the TOD (Transit Oriented Development) where you are already having development
pressure regardless of whether we do PDOD or not.
Member Schmidt agrees with the pressure — concern about multi family development. She thinks we're
telling people on the west side it's okay to leave them in even though the east side had been excluded.
Member Stockover made a motion to recommend to City Council Option 5 (no NCM or NCB).
Member Schmidt seconded the motion.
Member Campana said he doesn't think it needs to be removed nor does he think it would be detrimental
to the pilot if it was. It's a pretty small area.
Motion was approved 7:0
Project: Elderhaus Office (1008 Mantz Place) —Addition of Permitted Use, #
PDP120011
Project Description: This is a request to add Office as a permitted use to the Neighborhood
Conservation Low Density (NCL) District, on a specific site, at 1008 Mantz Place.
The proposal is to add an office use to an existing 1,004 square foot single-family
residence on a 0.17 acre lot. The applicant has specified that the request is to add
the use as opposed to change the use. The proposed office is planned for the
Chair Andy Smith called the meeting to order at 6:00 p.m.
Roll Call: Campana, Carpenter, Hatfield, Kirkpatrick, Schmidt, Smith and Stockover
Staff Present: Kadrich, Eckman, Holland, Lorson, Shepard, Ex, and Sanchez -Sprague
Agenda Review
CDNS Director Laurie Kadrich reviewed the agenda
Citizen participation:
None
Andy Smith asked if there were any audience or Board members who wanted to pull items from the
Consent Agenda. Member Schmidt asked that Item 3, Mountain Sage Community School Site Plan
Advisory Review be pulled from the Consent Agenda.
Consent Agenda:
1. Minutes from the May 17, 2012 Planning and Zoning Board Hearing.
2. Poudre School District Cooper Home Site Plan Advisory Review, # SPA20003
4. Bucking Horse Project Development Plan, #PDP120001
Member Schmidt made a motion to approve the consent agenda consisting of the minutes from
the May 17, 2012 Hearing, Poudre School District Cooper Home Site Plan Advisory Review, #
SPA20003, and Bucking Horse Project Development Plan, #PDP120001. Member Carpenter
seconded the motion. The motion was approved 5:0:2 with Members Campana and Kirkpatrick
abstaining.
Discussion Agenda:
3. Mountain Sage Community School, 2170 W. Drake Rd, Site Plan Advisory Review, #SPA120004
5. Planned Development Overlay District Pilot with Related LUC Amendments
6. Elderhaus Office, 1008 Mantz Place, Addition of Permitted Use, # PDP120011
7 220 E. Olive Modification of Standard, #MOD120005
8. Pateros Creek, 912 Wood Street, Modification of Standard, #MOD120004