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HomeMy WebLinkAboutEAST MULBERRY CORRIDOR PLAN REZONE - 11-03 - DECISION - MINUTES/NOTES (3)Planning and Zoning Board Minutes April 10, 2003 Page 16 Chairman Torgerson asked if the zoning motion could be conditioned to include the disclosure of the airport noise to potential buyers. Attorney Eckman replied that making conditions on zoning becomes complicated but is possible. Chairman Torgerson asked to make a friendly amendment to the motion that there be a deed restriction that all buyers be informed that an airport is nearby and that noise may be an issue. Members Meyer and Colton accepted the amendment. Member Colton stated concern over the airport noise and the fact that there is no data to be found on the noise problem. The motion was approved 3-1 with Member Craig voting in the negative. Director Gloss reminded the Board that there is a worksession meeting Friday, April 11 and that it should be brief. There was no other business. The meeting was adjourned at 7:50 p.m. Planning and Zoning Board Minutes April 10, 2003 Page 15 Chairman Torgerson stated that if the staff is truly on the fence with the decision and if it is a minute definition difference, there is no harm in zoning the property MMN. Member Colton stated that the airport issue was stronger before; that is the only thing that may have changed between the first hearing and this one. Planner Wray replied that the airport issue may have been more vocalized in the early stages of the plan. Zoning the property Employment would minimize the potential for housing and would still provide transitional issues. The airport owners have always had concerns about noise, visual impacts, fly zones and things like that. They do not feel that there is a safety issue with this property being the distance it is away from the runway. They do feel there is a compatibility issue, however. Chairman Torgerson stated that he had previously been very concerned about compatibility both from a safety standpoint and a noise standpoint. This site would not be within the standard flight pattern. Mr. Torgerson asked how the properties should be referenced in a motion. Attorney Eckman stated that the properties should be referenced as they are in the staff report and that the Board should recommend to City Council changes in the Structure Plan and East Mulberry Corridor Plan should it be decided that one of the parcels should be zoned MMN. It was determined that the property in question was referred to as #2 in the staff report, approximately 15.79 acres. Member Meyer moved for recommendation to City Council of approval for E zoning for properties #1 and #3 as referenced in the staff report and MMN zoning for property #2, as referenced in the staff report, and a corresponding change in the Structure Plan and East Mulberry Corridor Plan. Member Colton seconded the motion. Member Craig stated that she would not be supporting the motion as it is spot zoning and that the developer working with the property owners should have been able to develop a project compatible with the Employment zone. The Board would not be limiting this piece of property by making it Employment. Planning and Zoning Board Minutes April 10, 2003 Page 14 Chairman Torgerson asked what about the Wal-Mart Center made it different from a neighborhood commercial center. Planner Wray replied that there are other goods and uses within the shopping center and that a neighborhood center would have smaller neighborhood uses such as childcare, barber shops, etc. Chairman Torgerson stated that the Buffalo Run Apartments residents are certainly using the Wal-Mart center as a neighborhood center. Planner Wray replied that there is not a direct local street connection between the two. Member Craig asked if this issue was brought up at the East Mulberry Corridor Plan hearing. Planner Wray replied that the proposal for MMN was discussed at that hearing but that the Board decided to leave it as E. Member Craig asked what had changed in the opinion of the Board since that time. Chairman Torgerson stated that he had been unsure previously and his only reason for not pushing for MMN at that time was that the residents might complain about the airport noise. That could be dealt with as a condition of approval so it seems like a workable option. Member Craig asked how a condition of approval could be worded to make sure the residents are aware of the airport noise. Chairman Torgerson replied that if it is a deed restriction, the realtors are required to disclose it to any potential buyers. In the case of rentals, it could be required that landlords inform their tenants. It seems that the land owner has been put in a difficult place with the City a few times and now will be asked to dedicate a large amount of right-of-way. Mr. Webster stated that they had negotiated a storm drain system right through the center of their property. It took a lot of negotiations with the City. The City oversized it and went with concrete. The City gave the property taps to the storm drain system that can now not be used. Planning and Zoning Board Minutes April 10, 2003 Page 13 Member Meyer stated that at one point, this corner was proposed for Low Density Mixed Use Neighborhood (LMN) zoning. Planner Wray replied that there was initially a fourth parcel with an LMN recommendation as part of this rezoning consideration. It was pulled from this agenda item because it is not officially in the East Mulberry Corridor Plan study area. The current property owners, with the existing industrial zoning, had an existing contract for an industrial use. Chairman Torgerson asked how much of the road rights -of -way have been acquired. Planner Wray replied that most of the rights -of -way shown are for future street alignments. Nothing has been dedicated for right-of-way at this time. The City, not the landowner, has been proposing the roads. Member Colton asked if the roads were on the Master Street Plan. Planner Wray replied that they are. Any proposed development project would have to be examined for how the street plan would work. Member Colton asked if the street plan would have any effect on which zoning would be more appropriate. Planner Wray replied that it would not likely have any effect. Chairman Torgerson stated that there is not much vehement opposition to the Webster's request and that they would be required to dedicate a fair amount of right-of-way. Planner Wray stated that the MMN zone is not consistent with City Plan according to staff opinion. Chairman Torgerson asked when the street connections were recommended Planner Wray replied that the extensions of Duff and International came out of the East Mulberry Corridor Plan process. He stated that the Structure Plan locates Medium Density Mixed Use Neighborhoods immediately adjacent to neighborhood commercial centers. This would be a change to City Plan in that the Wal-Mart center is not officially a neighborhood commercial center. Planning and Zoning Board Minutes April 10, 2003 Page 12 Planner Wray replied that there are some close comparisons between the two land uses when you look at providing the transition between the existing industrial and residential uses. Both zones would provide that transition. It is a matter of interpreting the intent of City Plan when looking at the existing uses of Wal-Mart and the Buffalo Run apartments, Staff felt that the Employment designation provided quite a bit of flexibility in the number of uses that could come in, certainly more uses than Industrial. The designation of Employment does allow for 25% residential uses. It would not be a deal -killer for the plan to approve the MMN zone but the City and County staff did not receive sufficient support for this from other staff and Boards. The owners of the airport have stated that they have some concerns about future residents complaining about airport noise. They would like to work with the developers to bring this issue to the new owners and make certain they are aware of the existing airport operation so as to reduce noise complaints. They are not against the MMN zoning, they would just like the noise issue to be addressed. Chairman Torgerson asked if the Board did want to make this portion MMN and zone the other section E, as recommended, would the sub -area plan also have to be amended. Attorney Eckman replied that the Structure Plan map would have to be changed, as would the East Mulberry Corridor Plan. He asked to have the Webster parcel pointed out. Planner Wray replied that it is the middle parcel, approximately 15 acres. Attorney Eckman asked if it would be logical to keep the remainder of the 23.9 acres E or if it should all be MMN. Planner Wray replied that staff would be alright with the Webster property being zoned MMN and the other two smaller parcels being zoned E. Member Craig asked what uses could go in MMN. Planner Wray replied that MMN does allow other uses in addition to the residential. There are office and some commercial uses allowed as well. Employment allows office and some residential uses. Attorney Eckman read the allowed uses for the MMN zone district as per the Land Use Code. Planning and Zoning Board Minutes April 10, 2003 Page 11 for several reasons. It provides new options for office and light industrial at key intersections of the East Mulberry Corridor Plan. The key intersections identified were Greenfield and East Mulberry, Timberline and East Mulberry, and Lincoln and Lemay. The employment zoning would provide options for business expansion and mixed use development and would allow for secondary uses including things like convenience shopping centers and residential, on a maximum of about 25% of the property. This change would provide a transition from the industrial uses in and around the airport area to the existing residential neighborhoods to the north and any future development on the west side of Lemay around the golf course area. ., Planner Wray stated that Medium Density Mixed Use Neighborhood zoning was considered for the site but was not regarded as appropriate as it is not consistent with City Plan and it would allow too many residential uses near the airport. Public Input Jim Webster, 705 Curtley Road, Lusk, Wyoming, gave his testimony to the Board. He stated that he was in protest of the City changing the zoning of his property to Employment (E) and he would prefer to see the zoning changed to Medium Density Mixed Use Neighborhood (MMN). He stated that he has a solid contract with a project to go on the site and felt it would fit in nicely with the residential on the south and north. John McCoy, 1900 S. Shields, gave his testimony to the Board. He is the listing broker for the property. He stated that at the last meeting at which this request was heard, staff did not give a strong recommendation either way. Practically speaking, the zoning change request does fit in compatibly with the area. Development of this site may create some momentum for fixing some troublesome storm drainage, traffic, and street issues in the area. Finally, all good plans allow for modifications and this is a modification that is both desirable and compatible to the area. Bob Benzel, 1718 Trailwood, gave his testimony to the Board. He stated that the Webster family has been trying to sell the property for 15 years and that they have a signed contract with a reputable builder here in town'and that the project will be affordable and provide housing for people in that part of town. Public Input Closed Chairman Torgerson asked if there was great fault, from a planning perspective, in zoning the property MMN. Planning and Zoning Board Minutes April 10, 2003 Page 10 Member Craig seconded the motion Chairman Torgerson stated that he would not be supporting the motion because the project, though not the best design solution, does comply with the Code. Developers should expect an affirmative vote if they are complying with the Code and listening to staff suggestions. There probably is a more creative solution that could satisfy the neighborhood and the developer's needs. The motion was approved 3-1 with Chairman Torgerson voting in the negative. Attorney Eckman stated that the continuance should be to a date certain. Director Gloss replied that May 1, 2003 would be an available hearing date Chairman Torgerson stated that the project would be continued to the May 1, 2003 hearing. Attorney Eckman suggested that some of the standards from the Harmony Corridor Plan be included in the new staff report. Project: East Mulberry Corridor Plan Rezone, #11-03, Project Description: Recommendation to change the zoning designation of 3 parcels totaling approximately 23.9 acres located at the northeast corner of Lincoln and Lemay Avenue, from Industrial (1) to Employment (E). Staff Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Pete Wray, City Planner with the Advance Planning Department, gave the staff presentation recommending approval. The item was continued from the March 6, 2003 Planning and Zoning Board hearing. This proposal is an attempt to make our zoning map consistent with the East Mulberry Corridor Plan and the amended City Structure Plan, both adopted in September 2002. The recommendation from the East Mulberry Corridor Plan at that time, shows Employment zoning, rather than Industrial zoning, for three parcels on the northeast comer of Lincoln and Lemay. Employment zoning has been suggested Council Liaison: Karen Weitkunat Chairperson: Mikal Torgerson Vice Chair: Jerry Gavaldon Staff Liaison: Cameron Gloss Phone: (W) 416-7435 Phone:(H) 484-2034 Chairperson Torgerson called the meeting to order at 6:35 p.m. Roll Call: Craig, Colton, Meyer, and Torgerson. Staff Present: Gloss, Eckman, Shepard, Wray, and Defines. Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the January 16, and February 6 (Continued), 2003 Planning and Zoning Board Hearings. 2. Resolution PZ03-06, Easement Dedication. 3. #33-94G Lot 8, Harmony Safeway Marketplace, Project Development Plan. 4. #50-02A Colorado State University, South Residence Hall, Site Plan Advisory Review. Recommendation to City Council: S. #13-03 Huber Rezoning. Discussion Agenda: 6. #11-03 East Mulberry Corridor Plan, Rezoning. Item #3, Lot 8, Harmony Safeway Marketplace, Project Development Plan, was pulled from the consent agenda by citizen John David Sullivan. Member Colton moved for approval of Consent Items 1, less the February 6, 2003 minutes, 2, 4, and 5. Member Craig seconded the motion. The motion was approved 4-0. Project: Lot 8, Harmony Safeway Marketplace, Project Development Plan, #33-94G. Project Description: Request for a 9,900 square foot, one-story multi -tenant retail building located at the southeast comer of Wheaton Drive and Monte