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HomeMy WebLinkAboutHELLENIC PLAZA REZONING (635 S. SHIELDS ST.) - 30-05 - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes September 15, 2005 Page 7 Member Stockover would be supporting the denial, but he just wanted to note that in his mind he really struggled with this one. What is making him vote the way he is is that it is such a small portion of the development, the one coffee shop. If we change the zoning, there is no guarantee we are going to get what we saw on the slide today. He did not think that he would be doing his job of supporting the public good by putting that risk out there. Vice Chair Lingle concurred with Member Stockover and thought that made a lot of sense. The motion was approved 6-0 with Member Meyer declaring a conflict of interest on this item. Project: Interchange Lands First — Annexation and Zoning, #35-05 Interchange Lands Second —Annexation an oning, #35-05A \ Interchange Lands Third — Annexation,4 d Zoning, #35-05B Project Description:-,, Request to annex and zone 15.55 (1st), 34.08 (2"d) �\ and 12.7 (3`d) acres located south of East Mulberry Street and east of Interstate 25 and the Southeast Frontage Road. The recommended zoning is C, mmercial. Ted Shepard, Chief Planner gave tlxe staff presehtation on all three Annexations as a group. He stated that the annexation request has been initiated by the City Council and the applicant in this case is�ie City of Fort Collins City Clerk. The City Clerk has been designated by annexatio agreement to have the power of orney to initiate and apply for annexation of this,lfiterchange Business Park. The annexa ' .n agreement was entered into willingly by the original developer of the Interchange BUness Park and it has been rec�d at Larimer County as well as the city of Fort Collin We have reviewed this request by both State Statute and the Land Use Code, whic equires that each exation have no less than 1/6 contiguity, which all three do. There i Iso a er annexation pending in this area called Waterdale also known as Sunflow Planning and Zoning Board Minutes September 15, 2005 Page 6 Interim Director Wray added that there has been extensive public process through City Plan, West Central Neighborhood Plan and the Campus West Study area in defining the designated uses and ultimate zoning. The intent of those decisions was to focus the student village and retail mix in and around the West Elizabeth and Shields intersection further west in that district and not strip out the commercial, retail and restaurant activity all the way along Shields so there was a more defined transition between the Campus West District and as you go further north into the residential areas knowing that there is that CSU interface between that. That is one of the reasons that staff is not supporting this is because of the restaurant component that is not allowed in the MMN. Member Stockover stated that his only flaw in that is that he does not see Campus West changing. There is no more room there and there are existing buildings and he sees resistance to change there and he looks at the proposed plans and sees and improvement to the area. Where does staff see the change in Campus West happening? Director Wray replied that he thought that we have already seen some change in the Campus West area; staff has developed long term plans. Staff recognizes that infill and redevelopment is going to take some time and it is going to take consolidation of parcels in some places and or selling for redevelopment some of the existing properties over a long period of time. Member Carpenter asked if there was another zone besides the CC zone that would allow basically what he wants to do without opening it up to any kind of restaurant. She thinks that this is different because they won't be cooking food, it would just be a sandwich and bagel shop which she feels is different than a restaurant. Director Wray replied that what they are proposing is what would allow them to have their proposed uses, which is not allowed in the MMN. Member Craig commented that it was important that we remember that a lot of citizens took a lot of time to put together the West Central Neighborhood Plan. From what Director Wray has told them and what she has read in their staff report, the feeling is that residential is strongly wanted in that area and that Shields not become a strip of commercial. Even though this is a coffee shop, we don't really know what the whole lot is going to develop out as. Member Craig moved to recommend denial of the request to amend the zoning map from MMN to CC. Member Schmidt seconded the motion. Planning and Zoning Board Minutes September 15, 2005 Page 5 Member Schmidt stated that if the zoning was changed and the applicant came in with a free standing coffee shop that would be O.K. in the CC zone. It would not have to be a multi -use building. Member Stockover replied that we could also lose the property to a McDonald's or Burger King or anyone of those types. Planner Olt replied that in the CC zoning district as a Type 1 Administrative Review under commercial and retail uses fast food restaurants without drive in or drive -through facilities are permitted. Yes, a freestanding coffee shop, deli, pastry shop would be permitted but would not be allowed to have a drive through or drive in. Planner Olt added that a listed permitted use in the MMN zoning district as a Type 1 administrative review is a convenience retail store without fuel sales. You could not have a 7-11 similar to the one two blocks to the north, but you could have convenience retail store that would look like that. Member Schmidt asked if it would have to have a mixed use house component. Planner Olt replied no, a free standing retail store could occur. Member Lingle asked if the rezoning could be conditioned in any way to limit or place expectations on what the development would be geared toward. Deputy City Attorney Eckman replied that our code does allow for conditional zoning, so although we have tried to avoid that, the Board can impose conditions on zoning. Member Lingle said that it would seem that if this coffee pastry shop was 10% of an overall mixed use development would be considerably more favorable than a rezoning that would allow a stand alone fast food or a convenience store type of use. If they had the capability of doing that it would influence how he would look at it. Deputy City Attorney Eckman replied that whatever zone district use that applies to the property has to be in conformance with the Comprehensive Plan, so it may require an amendment to the Comprehensive Plan to do that which is possible but would need to be added to the recommendation to amend the Structure Plan and perhaps the neighborhood plan. The other way you can justify zoning, even though it may not be compliant with the Comprehensive Plan, is if there have been changed circumstances in the neighborhood since the zoning was developed and designated for the property. He did not know that one could make the argument that there are changed circumstances in this neighborhood or not. Planning and Zoning Board Minutes September 15, 2005 Page 4 Member Lingle asked that at this point it would just be a free standing coffee shop. Mr. Brookshire replied that it would be part of a larger building that would include the other tenants. What is prescribed in the MMN zone, all of the uses would comply with their proposed idea of tenants, and it is just one particular tenant that would not comply with the MMN zoning. Member Craig stated that the mixed use is also confusing to her because in MMN we want mixed use and if Mr. Brookshire is talking about doing a mixed dwelling unit with residential above and the coffee shop below, that still would not fit into the MMN zone? Planner Olt replied no it would not; the mixed use dwelling is a permitted use in the MMN zoning district as a Type I and that would be a residential unit, but then you would have a non-residential type of use that is a permitted use in the district such as any one of the personal business shops. The restaurants are not a permitted use, therefore they could not be the non-residential use in that mixed use dwelling, it would have to be something off the list of permitted uses in that district. Member Craig noticed that convenience retail stores are allowed in that district which is pretty close to this coffee shop but that still is walk in buy and walk out. Is that why this doesn't fit the criteria? Planner Olt replied that was correct. Member Lingle asked about the coffee pastry shop that is defining it as a fast food restaurant that would not be permitted. Planner Olt replied that that type of use by city definition is defined as a fast food restaurant, anytime that you have an opportunity to go in and buy an item and sit down. That is a specific land use and it is not permitted in the LMN zoning district. Member Craig asked if it were left MMN, could the applicant come in with a modification to try and get the coffee shop in, but continuing with the residential mixed use effect. Planner Olt replied that land uses are not modifiable. PUBLIC INPUT None. Planning and Zoning Board Minutes September 15, 2005 Page 3 Elizabeth, we find that in itself serves as an edge to the higher density residential development to the west and then the CSU campus to the east. There are some single family residential neighborhoods right on the corner of Mulberry and Shields, however those have commonly been known as "rental properties" and not a quieter subdivision which is geared towards a single family homeowner. One of the things that should also be looked at with the land uses in the area is what exists. Directly north of their site is also zoned NCB, which allows more commercial related uses. On the corner of Mulberry and Shields Street is a 7-11 which serves food, coffee and gasoline, which basically could be considered a fast food restaurant in some respects even though there is no seating or dining in that area. To the south on Elizabeth Street there is a Mexican food restaurant, and Japanese food restaurant and the plaza that is on the south side of Elizabeth Street has a sandwich shop and a bagel shop and similar uses like that. The neighborhood that they are in and amongst has all of these various uses that we are talking about the zone districts including. Mr. Brookshire stated that what they could potentially see happening on this site could be a very pedestrian oriented mixed use project that would include office spaces, small retail type uses and multi -family living to the western side of the property. The Land Use Code talks about bringing the projects to the front and to the street and being in this area where there is a high use of pedestrian traffic going to CSU on a daily basis, they could bring their buildings right to the front and meet all of the intents that the Land Use Code sees the West Central Neighborhood growing. Mr. Brookshire reported that their intent was to have a small coffee shop and small deli. They can see plazas that could front onto Shields Street or the corner of Shields and Birch in this scenario. He stated that they have an interest in a specific coffee shop. Mr. Brookshire showed slides and stated that the current zone already provides the same uses that they are discussing here tonight. Member Lingle referenced a letter in their packets that spoke to mixed -use and the only thing referenced in the staff report is just the coffee shop. He asked what other things they were proposing as part of their development. Mr. Brookshire replied that there are no specific uses that are beyond that that are known at this point in time. The intent would be more office oriented. The intent is to have a multi -family component to the project and in a site plan concept that would be located to the west, which is compatible to the neighbors to the west and other multi- family developments in the neighborhood. The Shields street side, fronting on the street, would be the mixed -use component. They could see something very similar to the project that is going to be built at Cambridge House where there are ground floor units that are available for rent for commercial uses, and living units above. Planning and Zoning Board Minutes September 15, 2005 Page 2 Member Schmidt moved for approval of Consent Item 2. Member Stockover seconded the motion. The motion was approved 6-0 with Member Torgerson declaring a conflict of interest. Member Schmidt moved for approval of Consent Item 4. Member Stockover seconded the motion. The motion was approved 6-0 with Member Lingle declaring a conflict of interest. Project: Hellenic Plaza Rezoning, Amendment to the Zoning Map from MMN, Medium Density Mixed Use Neighborhood. Project Description: Request to rezone 1.267 acres from MMN, Medium Density Mixed -Use Neighborhood to CC, Community Commercial. The request is for rezoning of a property located at 635 South Shields Street, being the northwest corner of South Shields Street and Birch Street. The property currently contains one vacant building. Recommendation: Denial Hearing Testimony. Written Comments and Other Evidence: Steve Olt, City Planner gave the staff presentation recommending denial of the project. Don Brookshire, Eastpoint Studios gave the applicant's presentation. He spoke about the similarities between the CC, Community Commercial and the MMN, Medium Density Mixed Use Neighborhood. He stated that both zone districts allow multi -family dwellings, boarding houses, sororities, fraternities, both have retail or office type uses, artisan studios and galleries, personal service shops that could include such things as a print shop, tanning salon and health club. The CC zone district allows all types of food service uses from a full scale restaurant to a coffee shop and fast food restaurant. However the MMN does not allow that use and that is the primary difference between the two zoning districts. Mr. Brookshire spoke about City Plan and stated that in various areas of City Plan they talk about edges and nodes and defining different districts. Being located on Shields Street and the various uses being looked at along that street between Mulberry and Council Liaison: Karen Weitkunat Chairperson: Judy Meyer Vice Chair: Dave Lingle Staff Liaison: Cameron Gloss Phone: (W) 490-2172 Phone: (W) 223-1820 Chairperson Meyer called the meeting to order at 6:05 p.m. Roll Call: Carpenter, Schmidt, Craig, Lingle, Stockover, Torgerson and Meyer. Staff Present: Wray, Eckman, Shepard, Olt, Virata, Aspen, Barnes and Deines. Citizen Participation: None. Director of Current Planning Pete Wray reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the May 19`h, June 16`h and July 215t, 2005 Planning and Zoning Board Hearings. (Continued) 2. Resolution PZ05- 11 — Easement Vacation. 3. #17-05 Harmony Oaks — Project Development Plan. 4. #32-981 Pinecone PUD, The Tower Shoppes, Sonic Drive -In — Project Development Plan. 5. #33-98E East Ridge Second Annexation and Zoning. 6. Recommendation to City Council Regarding a Land use Code Text Amendment to Clarify Annexation of Illegal Uses. Discussion Agenda: 7. #30-05 Hellenic Plaza Rezoning. 8. #35-05 Interchange Lands First — Annexation and Zoning. 9. #35-05A Interchange Lands Second — Annexation and Zoning. 10.#35-05B Interchange Lands Third — Annexation and Zoning. 11. Recommendation to City Council to Approve Changes to the Land Use Code Regarding the Definition of "Family", Occupancy Restrictions, and Changes to Both the Boarding House and Home Occupation Regulations. Member Schmidt moved to approve consent items 2, 3, 5 and 6. Member Lingle seconded the motion. The motion was approved 7-0.