HomeMy WebLinkAboutCENTRE AVENUE RESIDENCES - MOD - 37-08 - DECISION - MINUTES/NOTESPlanning & Zoning Board
January 15, 2009
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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 15` 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. He can hear the sound
when they have concerts in the downtown area and he's "half -deaf." He asked the Board to consider
what's going to happen with the Oxbow and the two breweries —there's going to be a lot of noise and
traffic. He's against the Sound Ordinance.
Consent Agenda:
Chair Schmidt asked members of the audience and the Board if they'd like to pull any items from the
Consent Agenda. An audience member asked that item # 2, Hellenic Plaza, Major Amendment. #
41-08 be pulled from the Consent Agenda.
Member Lingle made a motion to move item # 4 Centre Avenue Residences —Modification of
Standard, # 37-08 to the Consent Agenda. Member Smith seconded the motion. The motion
was approved 7:0.
1. Minutes from the December 11, 2008 Planning and Zoning Board Hearing
4. Centre Avenue Residences — Modification of Standard, # 37-08
Member Stockover moved to approve the consent agenda which includes item # 1, December
11, 2008 Planning and Zoning Board Hearing minutes and item # 4 Centre Avenue Residences
— Modification of Standard, # 37-08. Member Campana seconded the motion.
The motion was approved 7:0.
Chair Schmidt called the meeting to order at 6:00 p.m.
Roll Call: Campana, Lingle, Rollins, Schmidt, Smith, Stockover, and Wetzler
Staff Present: Dush, Eckman, Olt, Virata, Leavitt, Wilder, Bracke, and Sanchez -
Sprague
Agenda Review. Director Dush reviewed the Consent and Discussion agenda. Of special note is the
addition of the Election of Officers and staff's 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 Yz 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