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HomeMy WebLinkAbout317 & 325 CHERRY STREET - MODIFICATION OF STANDARD - 29-03A - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes August 26, 2004 Page 8 Member Lingle asked if approving this modification would automatically rescind the previous modification or if that needs to be done formally with the motion. Deputy City Attorney Eckman replied that he would recommend putting that in the motion. Member Lingle amended his motion to include rescission of the previous modification. Member Schmidt seconded the motion. The motion was approved 4-0. (NOTE: Members Torgerson, Gavaldon, and Carpenter declared conflicts on this item.) Project: Human Bean Drive -Through Coffee Shop, 799 N. College Avenue, Modification of Standard, File # 4 Project Description: Request for a modification to Land Use Co Section 3.5.3(B)(1) to allow the vehicle use are etween the building fagade and a street (North�Co I�ege Avenue); and Section 3.5.3(B)(2) to allow rb proposed building setback to the greater than 2 eet behind the street \right-of-way of an adjoinin street that is larger than a two-lane arterial streFet.,flhe project site is located at �799 North CollegeAVenue and is zoned CN — ComTercial, Nofth College District. Staff Recommendation: Ap City Planner Anne Aspen gav4the staff presentation, recommending approval. She stated that the site is on Nrth College Avenue between Woodlayvn and Alpine. The site, being on College IAV'Ienue, is on a Colorado State Highway. CBOT limits access to this site to one loc on on the south end of the lot so it can be alignedw,ith the existing entrance on the ast side of College, across the street. The proposal is fora drive - through coff vendor; primarily a vehicular use establishment. Because it is'a narrow site and ey are restricted to the one access, they must cross the pedestrian walkway fro ollege in to the walk-up window. The applicant is proposing to have cars comma in College, turn right and be presented with signage and different colored walkway for Planning and Zoning Board Minutes August 26, 2004 Page 7 Member Craig asked if the new building was going to be mixed -use as she understood it to be. Planner Aspen replied that they are planning small office space/studio space and possibly retail on the corner of the first floor and the upper two levels will be residential. Director Gloss stated that the gravel lot east of the newly constructed building on the north side of Cherry is part of the Mason Street North project. That will be a parking lot in the future which will serve this new building as well as those built as part of the Mason Street North project which was recently approved. With respect to the alley garages, there is a standard of 24-feet backing distance from the garage face to the opposite side of the alley. Based on the development plan, it appears that setback is being met. Also, the Code clearly states that modifications do not require a neighborhood meeting. However, in the past, some applicants have elected to have a neighborhood meeting for a modification. Member Lingle moved for approval of #29-03A, Modification of Standards for 317 and 325 Cherry Street, citing the findings of fact and conclusions in the staff report. Member Schmidt seconded the motion. Member Lingle stated that he is supporting this because there is a currently approved modification that requires no on -site parking and allows 14 on -street parking spaces. The proposed modification would provide 6 off-street parking spaces and reduce the on - street parking demand from 14 to 11. In addition, there is the inclusion of the historic house that is being worked in to the PDP submittal. Member Craig stated that she understood the frustration of the neighbors but does not feel that this project should be punished because City code says that a commercial building can come in with absolutely no parking. She added that Mr. Glebe has made sure there is parking around his building and believes he would be willing to talk to neighbors about how the problem with the non-profit building can be worked out. Member Craig asked that this issue, relating to downtown parking and infill projects, be discussed at a future worksession. Member Schmidt agreed with both Member Craig and Member Lingle stating that the modification on record allows more on -street parking than this modification will allow. Therefore, this second plan is preferable to the first. She stated that she would support the modification. Planning and Zoning Board Minutes August 26, 2004 Page 6 Vice -Chairperson Meyer asked why the item was coming to the Board if it is a Type I. Director Gloss replied that, when the previous modification was submitted, the Land Use Code required that all modifications come to the Board. Member Lingle asked if the PDP would be a Type I when submitted. Director Gloss replied that it would be. Member Lingle noted that page 2 of the staff report stated that the PDP would be a Type II. Member Lingle asked if a neighborhood meeting was normally required for a modification. Director Gloss replied that it is not required because it is a Type I use. Member Craig asked Mr. Glebe about his relationship with the neighborhood. Mr. Glebe replied that he put out a mailing to the Martinez Neighborhood Association inviting everyone to come by and visit with him. He stated that several people did come by and that pleasant exchanges were had. Mr. Glebe stated that Meldrum is grossly underutilized. The parking on Meldrum averages 7 cars at all times. It can now hold 52 cars in the block. He added that the spaces adjacent to his building are not used. He stated that he did not want to be difficult but would submit the PDP with the old modification if this one did not pass. Vice -Chairperson Meyer stated that making neighborhood contact was a good idea. She asked if anyone told him that he was going to create parking problems. Mr. Glebe replied that no one brought up the parking problems. He asked if any of the parking will ultimately end up where the dirt lot is behind the non-profit building. Director Gloss replied that he was unsure Joe Coria, member of the audience, was allowed to speak to the issue again. He stated that there is no parking space provided for the non-profit building. The lot immediately to the east of the building belongs to the C&S railroad. He asked if a modification was granted to move the garage five feet from the alley and stated that there is supposed to be an offset from the alley to where the build a structure. He stated opposition to that. Planning and Zoning Board Minutes August 26, 2004 Page 5 Member Lingle asked how many parking spaces were required with the original modification. Planner Aspen replied that the requirement from which the modification is being requested is on -site parking. The previously approved modification required 14 on -site parking spots and they were not going to be able to provide any of those. Now, they need 16 total and are providing 6 on -site so they need a modification to be able to have 10 street spots. It is a net reduction in on -street need of 4 parking spots. Member Lingle asked about the staff report stating that 17 spaces are needed. Planner Aspen replied that she was incorrect; the project does need 17 spaces so the modification is for 11 on -street spaces. Member Lingle clarified that the net result of the modification would be to go from 14 to 11 on -street spaces. Member Schmidt asked what the parking requirements of the non-profit building are. She stated that there is a dirt lot to the east but asked, as a place that is holding classes, if they were required to provide any parking. That use was not in place when the original modification was granted. Director Gloss replied that, because it is a commercial use in the downtown district, there may not be a non-residential parking requirement. The project was processed through a building permit review. Member Craig asked if there was any recourse for the neighborhood since it is within a residential area. Director Gloss replied that there would not be. Vice -Chairperson Meyer asked if a neighborhood meeting was required. Planner Aspen replied that there was not a neighborhood meeting since she has been involved in the project. Vice -Chairperson Meyer asked if there was one before the first modification. Director Gloss replied that this application is a Type I and does not require a neighborhood meeting for the PDP. Planning and Zoning Board Minutes August 26, 2004 Page 4 was decided that it would be more valuable to preserve that house and make use of it as a unique, single-family dwelling. Leaving an industrial building in that location has pretty much "run its course." Mr. Glebe stated that he had been sensitive to the issues and residents in the neighborhood. He added that this is superior to what was approved prior to this. He mentioned City Plan Policy #DD5.4 which states that "reduced parking standards will be applied to downtown in recognition of its proximity to high -frequency transit service (the new bus station), walkable environment and a mix of uses." This is a mixed -use project. "Shared parking allowances will be encouraged for nearby uses with staggered peak periods of demand such as retail, office, and entertainment." Mr. Glebe stated that his intent is to address that by trying to support people who would be running business during the day and the residents would be coming home when the workers are leaving. Six parking spaces have been added off-street, 5 garage spaces and a surface space. Steve Rauber, 313 Cherry Street, gave his testimony to the Board. He stated that the parking situation has not been over -stated. The non-profit building has created a large mess. He stated that he lives directly across the alley from 317 and, during the daytime, there are almost fights breaking out about the parking. The affordable housing that is already there has on -street parking and stuffing 10 more cars into the on -street parking will not work. He asked the Board to deny the request. Public Input Closed Member Craig asked (noting that one of the conditions of the original modification was the diagonal parking on Meldrum) if any staff has gone back since that has been put in and noticed any improvement because of it. Planner Aspen replied that she has been on the site since then and what used to be two spaces are now five. She stated that, during the day, the parking has not been a problem; there have been empty spaces. Three spaces were gained on Meldrum. Four on -street parking spaces will be added on Cherry in front of this site. Member Craig asked if there would then be seven new spaces. Planner Aspen replied that there will be five garage spaces, one on -site surface space, and seven on -street spaces. The requirement will be 10 on -street parking spaces. The plan shows a total of 11 on -street parking spots plus the six on -site parking spots which equals a total of 17. The total requirement is 16. Member Lingle asked if the modification from September of 2003 is still in effect. Planner Aspen replied that it is. Planning and Zoning Board Minutes August 26, 2004 Page 3 as the affordable unit which would allow a single-family detached unit to be affordable, which is unusual for Fort Collins. It is marketable and more desirable to have the affordable unit be the detached unit. The gist of going for this modification is to be able to utilize the single-family house as the affordable unit. It is the intent of the owner to submit the PDP next week, with or without the modification. Public Input Valerio Miranda, 323 North Howes Street, gave his testimony to the Board. He stated that he recently spoke to everyone on the 300 bock of Cherry Street that was home and there is not one person that agrees that this is a good idea. The traffic is crowded now and there is no place to park. It should not be allowed to have more cars on the street. There are three two-story buildings just north of this project on Meldrum Street and they do not have enough parking. The other new building on the corner of Howes and Cherry is parking where the City hadn't allowed parking before and has taken up the bike lanes. Mr. Miranda stated that he was opposed to the whole project. Manuel Martinez, 310 Cherry Street (also owns 306 and 308 Cherry Street), gave his testimony to the Board. He stated that the cars from the non-profit organization at Howes and Cherry, which gives classes, are parking in the neighborhood. He stated that this project would create more parking problems. Joe Coria, 234 Cherry Street, gave his testimony to the Board. He stated that he owns three houses on that block and has notice, since the new building at 230 Cherry Street, they have moved in so many cars that the parking has become non-existent. To have anymore on -street parking would disrupt the neighborhood terribly. Nine units would likely have a minimum of two vehicles per unit, which necessitates 18 parking spaces. Mr. Coria stated that Cherry Street has become the main artery to the City facilities on Wood Street and the traffic is so congested that it is becoming dangerous to walk across the street. With anymore on -street parking, this will get worse. Mr. Coria stated that he did not see how this could be approved and asked the Board to deny the project completely as it does not belong in the neighborhood. Gregory Glebe, 325 Cherry Street and the owner of the project, gave his testimony to the Board. He stated that the claims regarding the non-profit building and the parking issue are being somewhat exaggerated. There is no question that a lot of on -street parking is being utilized for that project. Mr. Glebe stated that there are usually about 2 cars, on average, parked parallel on the north side of Cherry Street. There are not cars parked all the way up to Meldrum. The space on the south side of Cherry Street, along the frontage of 325 and 317 is used entirely by Mr. Glebe's staff. Rarely does anyone park there for any other reason. Mr. Glebe stated that the issue before the Board is primarily regarding the use of the "Haddy House" which has some historic value to it. It Planning and Zoning Board Minutes August 26, 2004 Page 2 Project: 317 and 325 Cherry Street, Modification of Standard, File #29-03A Project Description: Request for a modification of standard to Section 3.2.2(K)(1)(a) of the Land Use Code to waive the total required number of off-street parking spaces required for nine multi -family dwelling units located at 325 Cherry Street and one single-family dwelling unit located at 317 Cherry Street. Staff Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: NOTE: Members Gavaldon and Carpenter, and Chairperson Torgerson declared conflicts on this item. Vice -Chairperson Meyer asked City Planner, Anne Aspen, to discuss the changes to the parking situation as well as the affordable housing aspects of the item. Planner Aspen stated that the Board had previously approved a modification allowing all on -street parking for this project, if the project met the affordable housing criteria and the on -street parking on Meldrum Street was converted to diagonal. Currently, the on - street parking was converted to diagonal and the change is, the property to the east 317 Cherry Street, has been bought and incorporated into this project. Previously, there were 14 required parking spaces and 14 were needed on -street. Now, the applicant is proposing 5 off-street garage parking spaces and they need to provide 16 total, given the 1 existing surface space. The total need is 16 and they would be providing 6 off the street. They would then need 10 on -street parking spaces to meet the requirements. It is an improved condition from the project as it was previously approved by the Board. In the prior modification, there were 9 units, 10% of which needed to be affordable to meet the criteria as an affordable housing project. Effectively, 1 unit needed to be affordable. Now, there are 10 units including the house at 317 Cherry; they are now proposing that the single family house at 317 be the affordable housing unit so it still meets the 10% affordable housing criteria. Dana Lockwood, Lockwood Architects, 217 Jefferson Street, gave the applicant's presentation. He stated that the reason for this modification is change in scope, as the property at 317 has been purchased. With that, the parking situation has improved. The previously -approved modification included no on -site parking. The new modification includes 6 on -site parking spaces. Additionally, the house at 317 Cherry would be used Council Liaison: Karen Weitkunat Chairperson: Mikal Torgerson Vice Chair: Judy Meyer Staff Liaison: Cameron Gloss Phone: (W) 416-7435 Phone: (W) 490-2172 Chairperson Torgerson called the meeting to order at 6:05 p.m. Roll Call: Lingle, Gavaldon, Meyer, Schmidt, Craig, Carpenter and Torgerson. Staff Present: Gloss, Eckman, Olt, Aspen, Wamhoff, K. Moore, Buffington, Stanford, Leman. City Planner Steve Olt, standing in for Director of Current Planning Cameron Gloss, reviewed the Discussion Agenda (there were no items on the Consent Agenda): Discussion Agenda: 1. #29-03A 317 and 325 Cherry Street, Modification of Standard. 2. #28-04 Human Bean Drive -Through Coffee Shop, 799 N. College Avenue, Modification of Standard 3. #27-04 CDOT Poudre River Rest Area Relocation, Site Plan Advisory Review ITEMS CONTINUED FROM THE AUGUST 19, 2004 PLANNING & ZONING BOARD HEARING: 4. #13-82CTOakridge Business Park, Continuing Care Senior Campus, Modification of Standard. Recommendation Item: The Planning and Zoning Board provides a recommendation to the General Manager of Utility Services on the following item: 5. Spring Green Out -of -City Utility Request. (CONTINUED TO 8/26/04 PER APPLICANT) Member Gavaldon asked that the continued items be heard last. Chairperson Torgerson stated that, since this is a special meeting, and the items that were continued were from a regular meeting, the continued items should be heard last. Chairperson Torgerson, Member Gavaldon, and Member Carpenter declared conflicts on Item #1, 317 and 325 Cherry Street, Modification of Standard. Vice -Chairperson Meyer acted as Chairperson for this item.