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HomeMy WebLinkAboutMAXI-STUFF STORAGE - MODIFICATION OF STANDARD - 9-99 - REPORTS - APPEAL TO CITY COUNCILAn earthen berm will be constructed within the 12' landscape area to provide additional screening along Riverside Avenue. Plantings atop the berm will enhance the visual effect and character of the development. Division 3.7 of -the LUC recommends lots in infill.situations should be developed first to help prevent urban sprawl. Development of this infill property addresses the concerns in the LUC and will allow one of the few remaining vacant parcels along Riverside Avenue to be developed in a positive manner that increases the character of the existing neighborhood. Are there exceptional physical conditions or extraordinary and exceptional -conditions unique to this property? Most properties along Riverside Avenue have been developed during the past twenty to thirty years and do not conform to any common design characteristic. None of the properties conforms to the thirty foot. landscape setback requirement for this zone district. In fact most of the properties have parking immediately adjacent to the attached sidewalk with little or no landscaping on the property. Requiring this property to be developed with the 30' landscape setback along Riverside Avenue will create a development that is out of context with the neighborhood and place this property at a disadvantage in developable area. For these above listed reasons we are hereby requesting a modification to the Land Use Code. If you should have any questions please feel free to call me. Sincerely, Ro n Wickham Gustafson, Architects Modification — Maxi -Stuff Storage, 1640 Riverside Avenue — Filing #9-99 November 18, 1999 P & Z Meeting Page 4 (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant." The applicant has proposed that the modification of standards meet the requirements of Sections 2.8.2(H)(1) and (3) of the LUC. 2. APPLICANT'S REQUEST This request is to modify Section 4.23(E)(2)(b) to allow the proposed building storefronts to be set back from the landscaped yard without any of the building abutting the setback line. To meet the requirement the buildings would either have to be turned 90 degrees or they would have to be moved towards Riverside Avenue, with the proposed public parking located to the rear of the buildings. Moving the buildings towards Riverside Avenue and placing the necessary public parking to the rear would create several major and undesirable situations: 1. Security of the facility would be greatly compromised. Safe, secure storage for large vehicles or large quantities of items is the target market for this development. To place the public parking at the rear of the buildings would require that either the security gate controlling the access to the storage areas be eliminated or that public access to the parking areas be eliminated. The buildings are designed to allow public access to the front portion of the buildings along Riverside Avenue. Without direct access by the public the targeted market for these spaces is not tenable. 2. Increased access.of the public to the storage areas would lead to an increase in vandalism and theft and would greatly compromise the security of the facility. Recent thefts and vandalism at other storage facilities in the Fort Collins area reinforces the need for secure storage of personal belongings. 3. Placing parking at the rear. of the buildings creates conflict between the parking for the storefront offices and the overhead door access into the storage units. For a large truck to enter a front storage space would require encroachment into the vehicle parking spaces. In addition, there is greater conflict between trucks and cars in the compliant layout due to the fact that the vehicle parking area is on either side of the main drive entry into the facility. 33 1 intent for this development. 2 I'm just saying that by you putting these 3 buildings here (indicating) with a commercial storefront 4 appearance to them acting as a buffer between these uses 5 and then these uses back here which are more of an 6 industrial appearance with the overhead doors that would 7 be on either side here, this acts as a good buffer. 8 Otherwise, if we turn these buildings 90 degrees to 9 maintain that 30-foot setback, you'd have much more 10 visibility of those overhead doors and the industrial 11 appearance that those give from Riverside. 12 MR. GAVALDON: Another question_, it was about the 13 parking there. If there was opportunity to adjust the 14 security, like I was talking earlier, and pushing it -- 15 I'm not trying to design your project. I'm just giving 16 you ideas, sharing some opportunities. 17 If there was a revisiting of the security 18 approach to it and the parking be more in the security 19 area or less secured with the staging security, it seems 20 like -- and keeping it commercial as you want and more to 21 pedestrian friendly, is there opportunity to look at that? 22 MR. GUSTAFSON: Well, the parking that's out here 23 (indicating) is for people that are going to meet mavDe a 24 plumber or a tile person. Or coming in here that they 25 need -- they just need access to the front of the 15 1 in some instances, if they're a tile installer, 2 that somebody could come in and look at different samples 3 of tile. So that's where we came up with -- in the front 4 here, more of a commercial -type of appearance. Not 5 retail. These aren't retail facility. It's a 6 commercial -- more of -- commercial appearing, but more of 7 an office, warehouse -type of situation. 8 One of the things we also saw was very important 9 was, with this type of a facility, is that there's public 10 access, unrestricted public access to the office 11 commercial front, but highly secured restricted storage to 12 the back here where there is warehouse and storage space. 13 Now everybody has seen in the paper -- over the 14 last several months the number of vandalism and thefts 15 that have been occurring in storage spaces in the Fort 16 Collins area. This is a facility that is designed to 17 prevent that or to at least as much possible to reduce 18 that. 19 One of the things we were also looking at was a 20 centralized location. Some place near the heart of Fort 21 Collins so we didn't have a contractor working at the 22 north end of town that had to drive all the way to 23 Loveland or all the.way -- hopefully cut down on the 24 vehicle miles traveled that these guys are having to 25 do. So we found a spot here on Riverside. 1 1 Mg.. GP_VALDON: Welcome back everyone to the -- to 2 the Planning and Zoning Board meeting for November 3 18th. Next item is modification of the standard for the 4 Maxi -Stuff Storage. Steve, are you ready? 5 NL2. OLT: We're ready to go. Good evening, Mr. 6 Chairman and Members of the Board. I'm going to do this a 7 little differently than I normally would in that in the 8 interest of expediting the item and with modifications of 9 standards being somewhat nontraditional, I'm going to 10 actually read from the staff recommendation to you because 11 of the citations in the code that are a little difficult 12 to memorize. 13 So moving ahead. Again, as you indicated this is 14 a request for two modifications of standards in the land 15 develop -- or in the Land Use Code. I better get into the 16 right system. Land Use Code, being Section 4.23 -- ' 17 3 4.23(e) development standards in the I, Industrial Zone, 18 again, of the Land Use Code. And more specifically we'll 19 be dealing with subsections 4.23(e)2(b), that's building 20 design orientation, and subsection 4.23(e)3(a)2, being the 21 site design screening. 0 4 22 This property is located at 1640 Riverside Avenue f 23 and is on the east side of Riverside Avenue just north of 24 East Prospect Road. Again, the property is in the I, 25 Industrial, zoning district. n 1 N 99' 91' 40. E R.4 3.49' i 911E OATAr 1 IMLM li A/ ^ IYOIq. .1Y�RIY YiOt'1O\yf 4Pm A♦ b 1�11� i (� i7 gg ' i 11 rwo�s+-w�a�oa •.eye — 1 N 99' 49' 44' E IC.47000' I8 Q8 Ye lie IL si 17 1 is a small corridor here where you can actually see. And 2 all you're going to see is more open space. You're not 3 going to see a building. 4 Steve, could you go to the next -- next slides? 5 In your package, there are actually three site 6 plans. You can go one more. Go to the site plans. 7 MR. OLT: I don't think I. have that? 8 MR. GJSTAFSON: In your package you'll see that 9 there's actually two compliant site plans and then the 10 site plan that we have in front of you with the two 11 modifications. In those -- in the compliant site plans, 12 one of them we actually took the buildings and turned them 13 90 degrees and slid them to the 30-foot setback. What 14 happens then is the front of the building becomes 15 extremely visible to Riverside. And those have a -- 16 because of the nature of them, are going to have more of 17 an industrial appearance to them. So we lose that 18 up -scale commercial appearance that we were trying to 19 obtain. 20 One of the other ones also is where we moved -- 21 we actually took the buildings and flipped them and tried 22 to put the parking in the back. Again, what happens 23 there, we end up with a severe conflict between the large 24 vehicles that are going to be getting into that back area 25 into the warehouse portion of the buildings, and then 64 1 STATE OF COLOPADO ) 2 1 REPORTER'S CERTIFICATE 3 COUNTY OF LARLMER ) 4 I, Anne Hansen, a Shorthand Reporter and Notary 5 Public, State of Colorado, hereby certify that the 6 preceding videotape was transcribed, Request for 7 Modification of Maxi -Stuff Storage; that said precedings 8 were taken down by me in stenotype notes and thereafter 9 reduced under my supervision to the foregoing 65 pages; 10 that said transcript is an accurate and complete record of 11 the proceedings so taken. 12 I further certify that I am not related to, employed 13 by, nor of co=.sel to any of the parties or attorneys 14 herein nor otherwise interested in the outcome of the 15 case. 16 Attested to by me this 7th day of December, 1999. 17 18 19 20 r , 2 2 23 n .f�M t�Qn'✓l f� Anne Hansen Meadors Court Reporting, LLC 140 West Oak Street, Suite 266 Fort Collins, Colorado 80524 (970) 482-1506 25 My commission expires: 02/13/03 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. CRP_IG: Yes. THE CLERK: Carpenter. MS. CARPENTER: Yes. THE CLERK: Bernth. MR. BERNTH: No. THE CLERK: Gavaldon. MR. GAVALDON: Yes. Motion's denied. Any other business? The modification is denied. I'm sorry. Thank you. W 1 one because I do also agree with Mika! that it is a nice 2 plan, better than what's there. But I just -- having the 3 same problem I can't get past that "better than or emsal 4 to." 5 So I agree with Sally that these modifications 6 are tough ones, but I just still feel like we can come up 7 with some kind of a compromise that we can make it work 8 for both sides and actually meet -- maybe be able to do a 9 slight modification and meet the equal to or better 10 than. So I'll support the motion. 11 MR. GAVALDON: Okay. I'm going to be supporting 12 the motion, too. I think Dan attempted on some neat 13 suggestions. But with concepts and stuff, and I'm 14 struggling with the two. And I'm looking at the bigger 15 picture and what Riverside is going to bring. And with 16 the issues and the process on this, it just seems like we 17 could have achieved a compromise and better plan. But I 18 didn't see that. 19 So I'm going to support the motion as made and 20 second it because I feel that it does not meet that 21 particular part of the modification process. 22 May we have role call, please? 23 THE CLERK: Torgerson. 24 MR. TORGERSON: Yes. 25 THE CLERK: Craig. M.1 1 years from now, those buildings will redevelop. And if we 2 can stay with the standards, it will ultimately be a 3 better -- better urban streetscape. 4 MR. GAVALDON: Okay. Paul, did -we cover the 5 denial and the specifics we need so in case it goes appeal 6 we have given Council our reason for denial? 7 MR. ECKMAN: I think so. From what I heard, you 8 had indicated the reasons why you didn't think it advanced 9 the standard as well as compliance would have, and that it i0 was -- did I hear it was detrimental to the public good? 11 I can't remember if I heard that. 12 MR. GAVALDON: Sally, you want to clarify that 13 for us? 14 MS. CRAIG: No. To me it's that "equally well or 15 better than." It's number one. "The plan as submitted 16 will advance or protect the public interest and purposes 17 of the standard for which the modification was requested 18 equally well or better than would a plan which complies 19 with the standard for which a modification is requested." 20 MR. ECKMAN: I think that's sufficient to support 21 a denial. 22 MR. GAVALDON: Thank you, Sally, for 23 clarifying. We just wanted to make sure we have good 24 specifics. Any other Board discussion? Jennifer. 25 MS. CARPENTER: I'm really struggling wish this m 1 that bothers me. I have the same concerns Dan does. 2 Well, what is going to come in? Are we losing by not 3 letting this? But cn the other hand, we can't let every 4 person that stands up there -- that's what we keep running 5 into with these modifications. They make us feel so 6 doggone bad, that I just wish that we could get over the 7 hump on these things. And I don't know how that's going 8 to happen. That's my motion. 9 MR. GAVALDON: Okay. Is there a second to the 10 motion? 11 MR. TORGERSON: I'll second. 12 MR. GAVALDON: Okay. We have a first and second 13 for denial. Any Board discussion? 14 MR. TORGERSON: Yeah. I just wanted to say, I 15 think it's a very nice plan. And compared to what's 16 there, it's substantially better. I'm kind of hung up 17 on as -- achieves the purposes as well or better than a 18 plan that substantially complies. I just can't seem to 19 meet that criteria. And I'm judging the merit of this 20 modification specifically based on what the code requires 21 me to not based on the project's merit because it is a 22 nice project and it's substantially better than what's 23 there. 24 I just thick, you know, looking at the long-range 25 urban planning goals, at some point, maybe it's a thousand 59 1 First, I would recommend the approval of the 2 modification of standards in Sections 4.23(e)2(b) and 3 Sections 4.23(e)3(a)2, the Land Use Code for Maxi -Stuff 4 Storage, as long as they substantially adhere to the 5 conceptual plans delivered to the Planning and Zoning 6 board, those plans being number 1, number 3, and number 4 7 and number 5 of 7 outlined on their initial plans, and 8 that granting the request for modification would not be 9 detrimental to the public good nor would it impair the 10 intent and purposes of the Land Use Code, and 11 additionally, the plan as submitted will advance and 12 protect the public interest and purposes of the standard 13 for which the modification is requested equally well or 14 better than a plan which complies with the standard for 15 which a modification is requested. 16 MR. GAVALDON: Is there a second to the motion? 17 Very good motion. Okay. Not seeing a second, that motion 18 dies for lack of a second. Does anyone want to make an 19 attempt on the motion or do we need more discussion? 20 MS. CRAIG: I might as well get right out there 21 with Dan. 22 I move that we deny it. I don't feel that it is 23 equally well or better than a plan. I think that 24 somewhere here we're between industrial and employment, 25 and they aren't meeting either by this modification. And 58 1 sidewalk, they: is there going to be a raised area that's 2 landscaped between you and the parking lot? 3 MR. GUSTAFSON: Yes. Yes. It will -- from the 4 sidewalk, it will come up to 30 inches and then drop back 5 down probably 3 feet, 3 and a half feet before you even 6 get to the parking lot level. 7 MS. CARPENTER: Okay. And if we just have that 8 on the record, does that make it legal even though this is 9 wrong? 10 MR. FCKMAN: Well, I think so. But I was 11 think_n.- about that condition some more in looking at 12 these elevations and wondering if I might have advised you 13 a littlebit too far with that. Because if you pin -- if 14 you pin a condition to specific elevations, that might 15 have been Mr. Gustafson's general idea of what a building 16 might look like, but it might not actually turn out to be 17 exactly like teat. 18 So maybe you should refer to it as being 19 substantially similar or something along those lines so 20 that t^e hearing officer doesn't have to mandate the 21 build-=igs look precisely like those pictures. 22 MR. CAVALDON: Well, anyone want to do another 23 run on a motion? 24 MR. BI."RNrzl: I'll take a stab and embarrass 25 myself one more time. 57 1 it's okay with me. I just wanted to be sure since it 2 didn't show it. 3 MR. GUSTAFSON: Actually, if you look at sheet 5 4 of 7, shows a cross section through the -- through the 5 site showing where the trees are, a berm there. In 6 actuality that's probably not a real accurate 7 representation because from that point the land slopes to 8 the east. So as you get further from Riverside, the 9 ground is going to slope away from Riverside. And so 10 you're actually going to be lower as you get further from 11 Riverside. 12 So even with the 30-foot -- the 30-inch berm 13 right there, cars are going to actually be lower because 14 the _round continues to slope to the east. If you look on 15 sheet 5 of 7, that gives you a representation of now and 16 then when -- 17 MS. CARPENTER: I'm sorry. I'm not sure I 18 understand what you're -- okay. But this doesn't show 19 this going down.. So I -- 20 MR. GUSTAFSON: So that's why I said it's kind of 21 a misrepresentation is that we didn't -- we just drew the 22 paving flat, that it will be at the same level of 23 Riverside. Where actually the parking is going to be 24 lower than the street of Riverside. 25 MS. CARPENTER: So from walking down the 92 1 And that's -- my main concern is I don't want to see the 2 same stuff we've seen on Riverside Drive that we've seen 3 before. 4 MR. ECKMAN: In making a condition, I just think 5 you ought to -- maybe the entire package is what you ought 6 to refer to. But if you had certain things you wanted to 7 emphasize, such as those elevation or other things, 8 just -- it would be helpful to the hearing officer to 9 emphasize those particular things that you think are 10 important to you. 11 MS. CARPENTER: While you guys are talking, can I 12 ask another question? We requested at work session that 13 we get a different cross section so that it showed that 14 the berm was raised. Did we get the -- remember the cross 15 sections didn't show a raised berm? Or at least we 16 couldn't find it. 17 MR. OLT: I don't think we got -- that's not what 18 was given to me. The way it was expressed to me, 19 Jennifer -- obviously I wasn't at the work session. Is 20 there berming? Obviously the statement that there will be 21 berming has been given. There's a commitment for that. 22 That the drawing doesn't show it in text, it's shown on a 23 streetscaped plan. But that's, you know, again, an 24 elevation plan. 25 MS. CARPENTER: Well, if the commitment is there, 55 1 MR. 'ECKMAN: You can make that condition, and 2 then you have to rely on the hearing officer to understand 3 what your condition means. So I'd recommend that you -- 4 you word it as carefully as you can and tie it to whatever 5 it is you think is important in this plan's presentation. 6 If you have specific slides, for example, that you want to 7 ask the hearing officer to focus on, that might be 8 helpful. 9 MR. BLANCHARD: We do have the elevation slides 10 if you want to take a quick look at those again that we 11 didn't have -- didn't show tonight. We've got a set of 12 elevations. 13 MR. OLT: Was my interpretation fair, Dan, of 14 what your c-=cern was? 15 MR. BERNTH: It certainly was. Again, my concern 16 is tha= we arant.a modification, and then they don't build 17 what we thin:- they're going to build. But if we have the 18 assurance from the applicant, I feel comfortable with 19 that. 20 The other concern is that it's tough to deny 21 because someone else may build a similar project. Maybe 22 not phis particular applicant, but another project that 23 is -- adheres to the code but is not as nice a project 24 that we're looking at now. In other words, the metal 25 buildings that they can build in -- on Riverside Drive. 54 1 the Industrial Zone. It's designed to be a visual buffer, 2 not necessarily a screen, but a visual buffer. And it's 3 desired to set back further. And that's the only case in 4 the Land Use Code where you do set back further. 5 Everything else has to comply with the build to line. 6 MR. OLT: You're encouraging the buildings to be 7 closer to the streets and sidewalks with direct pedestrian 8 access including in the E, Employment, Zoning District 9 right across the street. 10 MS. CRAIG: But what we're losing on this one is 11 the parking lot between the buffer and the building which 12 you wouldn't find in an employment district across the 13 street. 14 MR. OLT: That's correct. They would have to 15 mitigate that. If they wanted to do something like this, 16 it would have to be mitigated in some fashion in the E, 17 Employment, Zoning District. 18 MS. CRAIG: Thank you. 19 MR. GAVALDON: Okay. You want to attempt another 20 motion? 21 MR. BERNTH: That's all right. Paul, I'm going 22 to ask another question. Can we do that with -- again, we 23 don't have a plan, but conceptually we do have this 24 plan. Can we make that modification -- or excuse me -- 25 that request of the applicant? 53 1 I, Industrial, Zoning District. 2 It's our belief that this would go to the 3 mixed -- mixed -use, nonresidential commercial section of q Article 3.5.3, I believe it is. We deal with the building 5 setback from -- from right-of-way. Bob is getting into 6 that. So I think we'd be looking at that criteria. 7 This being an arterial street, I'm assuming it 6 would be between -- what is it? 10 and 25 feet from the 3 right-of-way line is where the building could be in the E, 10 Employment, Zoning District. 11 MS. CRAIG: So it could be as far away as 25 12 feet? 13 MR. OLT: From the right-of-way line. 14 MS. CRAIG: And that's the building. So that's 15 saving that they could have parking in front? 1E MR. BLANCHARD: No. You're still required that 17 you can't cross -- well, they could -- no. You can't -- is not across the entire front facade because there's still 1° the requirement that you can't cross drive isles that 20 we've dealt with on other projects. So it falls into that 21 whole -- two line section of the code that we've used on 22 others. 23 The reason -- I've always characterized the 24 reason for this 30-foot landscape setback in the 25 Industrial Zoning District is the type of uses you get in 52 1 one that has to do with affordable housing in advancing, 2 that kind of thing. 3 MR. GAVALDON: Okay. Thanks. Anyone? Sally, go 4 ahead. 5 MS. CRAIG: I need -- just wanted to ask one 6 question for clarification. Steve, if this was the 7 employment district, what -- how far from the right-of-way 8 would they have to be? What are the -- footage on that? 9 Because, you know, they're right across the street from 10 employment. And that was one of the things we were hoping 11 to accomplish on Riverside is to make it look more like 12 employment and less like industrial. 13 And so it would be interesting to see -- because 14 we're kind of caught up on that 30-foot setback -- whether 15 if -- if they make it look like an employment and if 16 employment is allowed to be so many feet from it, then 17 maybe we're getting what we want, especially if we can get 18 a condition that somehow the hearing officer will make 19 this look like what they're claiming the plan, that we 20 supposedly haven't seen, look like. 21 MR. OLT: We're assuming -- in the E, Employment, 22 Zoning District, Bob and I are looking through the code 23 and we're not seeing the same kind of absolute setback 24 requirement in the E, employment, that you have in the I, 25 Industrial. That has been specifically designed for that 51 1 And I think that there's some language that could 2 be developed for a condition that would guarantee that. 3 That the hearing officer would then be -- have the 4 authority and also the responsibility of enforcing the 5 condition applied on the project by the Planning and 6 Zoning Board. 7 So if you're only comfortable with reducing 30 8 feet to 12 feet with the assumption that what those front 9 buildings are going to look like as what's been described 10 here, use that kind of a language in a motion and 11 condition the modification. Then it's incumbent upon the 12 staff and the hearing officer to do that. 13 MR. GAVALDON: Paul, before we go with a motion, 14 don't we need to note that this is equal or better than 15 these causes? 16 MR. ECKMAN: Yes. There are several things. You 17 need to find that this is not detrimental to the public 18 good, that it advances the intent and purposes of the land 19 use code. And then one of those three criteria, I guess 20 they were using the -- that it advances the purposes of 21 the standards as well or better than compliance would 22 have. 23- Although, I saw in your staff report some reference on 24 the hardship standard. I don't know which they're really 25 pursuing or which the Board favors. But certainly not the 50 1 to try another motion or more discussion? 2 MR. ECKMAN: Maybe I could interject. 3 MR. GAVALDON: Yes, Paul. 4 MR. ECKMAN: Bob and I were just talking. If you 5 were inclined to approve this modification, but you don't 6 have a plan but you kind of have a concept, I don't know 7 how comfortable you would feel in conditioning it on a 8 plan being brought -- that this modification would be 9 approved on condition that the plan that's presented be in 10 accordance with the concept you've been presented 11 tonight. 12 I know that's kind of general, but at least it's 13 got -- may have enough specificity in it to give you 14 comfort that when the plan comes in you can pin it to 15 that, that you see. That's just another possible way you 16 can go, if you want to try to motion. 17 MR. BLANCHARD: What I was thinking, Dan, is 18 listening to your comments, you've got a concern that 19 there's no guarantee that those two front buildings are 20 going to appear like they've been described. The only 21 thing we've got is the record. And if I'm interpreting 22 your concern right that you may be more comfortable with 23 the granting -- or approving a modification provided that 24 you have a nonindustrial appearance to those front two 25 buildings that you're going to see from the public way. 49 1 a plan is t at we don't.want to go through the full 2 engineering drawings spending 30, $40,000 to have a 3 project come in here and get shot down in flames. We 4 wanted to see if there was an acceptance of this type of a 5 plan before we go through all of that, engineering and 6 everything else. 7 If this is approved, that's what you would see. 8 If this is denied, then, to be that blunt, that's not what 9 you're going to see. 10 MR. BERNTH: Under those perimeters, you're sort 11 of in a Catch-22 -- I think the Board is in a Catch-22, is 12 if we deny this, we're at risk at seeing a project that 13 obviously would not be as attractive as this. 14 Sc essentially, again_, I feel like I'm in a 15 Catch-22 from the standpcint that I would like to see what 16 they're trying to do. I- is an in -fill project. It will 17 be an attraczive project. For that reason I would have to 18 suopc=c this modification at this time. 19 MR. GAVALOON: Are you prepared to make a motion? 20 MR. BERNTn: I would make a motion that -- 21 recommend approval of the modification of standards in 22 Section 4.23(e)2(b) and Section 4.23(e)3(a)2, the Land Use 23 Code for Max_ -Stuff Storage, 1640 Riverside Avenue. 24 MR. GAVALDON: Is there a second? Not seeing a 25 second, the motion dies for lack of second. Maybe we want 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 absent of any particular PDP and would apply to whatever plan they want to present, I believe. You don't really have a plan.to consider at this time so it's hard to pin this to any specific plan. MS. CRAIG: Dan, I guess what we need to think about in this regard is -- you know, I agree with what you're saying. Would you be comfortable if you knew it was connected to a plan? MR. BERNTH: Yes. I would be more comfortable with that. MS. CR IG: Okay. Now what this applicant can do then, is he can come through the system. This would be a Type 2 with a modification on it. So he would be bringing a -- I think I'm going in the right direction on this one. He would be bringing a plan in front of us as a Type 2, but we would have a plan. And then we could grant the modification with the guaranty that it went with the plan. So I'm just letting you know that to keep in mind. If this does end up getting denied tonight, he still has an option which is very similar to what he did' tonight, but it makes us more comfortable because we have a guarantee that it's attached to a plan. MR. GUSTAFSON: Maybe I can shed some light on that, Dan. The reason we came before you tonight without 47 1 fairly amount -- a fairly large area of vacant industrial 2 lands in the city limits. And that criteria is going to 3 have to be applied throughout that zoning district. It's 4 not an isolated criteria for Riverside Avenue. So any 5 industrial district that, you know, fronts on an arterial 6 street, they're going to have to comply with that also. 7 So it was just kind of a clarification 8 recognizing the frustration that this Board has expressed 9 with a couple of projects that we've looked at along 10 Riverside. But do remember that it goes beyond just 11 Riverside Avenue. 12 MS. CARPENTER: I appreciate that reminder. i3 Thanks. 14 MR. GAVALDON: Thank you, Bob. 15 MR. BERNTH: I had a v_uestion for Paul. Paul, if 16 we grant tis modification, does that mean that they can 17 use whatever -- excuse me -- whatever plan they want as 18 long as they get the 12-foot setback? In other words, 19 could they do, you know, just the one straight buildings 20 or do they have to adhere to this plan? 21 My only concern is granting that modification 22 then comes back with what we don't want to see. 23 MR. ECKMAN: This is just the modification 24 without a -- without a PDP coming before you. So yes, you 25 would -- your granting of this modification is kind of 46 1 MR. TORGERSON: And he can go through with any of 2 the alternar-e plans given this modification. So we 3 couldn't really just vote on a plan. 4 MR. GAVALDON: I agree with that, but I just 5 wondered maybe continuing would allow them to come back 6 either with a modification that's better than the current 7 one. It seems like we're struggling with it. 8 MS. CARPENTER: Let me ask a question. If we 9 denied this, could he still come back with a different 10 modification? Okay. So there's really no reason to 11 continue it. 12 MR. GAVALDON: I understand. Any other questions 13 or any Board thoughts? Are we getting close to a motion? 14 MR. BLANCHARD: Mr. Chair, before you do a 15 motion, just a quick response to Jennifer's comments about 16 her frustration. I -- you know, and I -- this isn't for 17 discussion or anything unless you care to comment back. 18 But one of the things to remember about this 19 criteria, is that it implies throughout the industrial 20 zone property throughout the City. The frustration may be 21 experienced on one segment of the industrial zoned 22 property which is Riverside Avenue. 23 But, in fact, when you express frustration with 24 the criteria, just remember -- I would ask that you 25 remember that it is a valid criteria because we've got a 45 1 MR. TORGERSON: But it doesn't reduce your number 2 of units or create an economic hardship. 3 MR. GUSTAFSON: No. It would not, but it would 4 be a definite security concern on our part. 5 MR. TORGERSON: Okay. Thank you. 6 MR. GAVALDON: I have a couple of comments. I 7 have to agree with Jennifer on this. And I think if we 8 start making a lot -- this modification, and then with 9 reference on July 1st modification, but I'm going to stay 10 with this particular modification because I feel that 11 there is opportunity to compromise and to make a better 12 plan. I happen to like the 7 to 7 plan. And I don't 13 think that's something that we can say we want the 7 to 7 14 versus the preferred plan. 15 I was wondering if the Board would be inclined to 16 support a continuance to allow the applicant to come back 17 date certain with a plan similar to 7 to 7, and a 18 justification for supporting 7 to 7 or not supporting 7 to 19 7, and why. And try to -- try to achieve some balance and 20 compromise. And even safeguard the security system. Is 21 this something that the Board would be inclined? 22 MR. TORGERSOA': The one note I would make, we're 23 not approving any plans, we're just giving him the 24 modification to the standard. 25 MR. GAVALDON: Okay. 44 1 don't have a secured facility that has monitors and 2 everything else and fencing, it's going to continue. So 3 that's -- our concern about that is the security and also 4 the conflict that can happen. Some guy's backing his 5 truck with the trailer and runs into somebody's car, then 6 he has a liability. And that's something that they're 7 going to look at. So I don't want them to have that 8 possibility that that's going to happen here. My 9 insurance has to pay to fix this guy's car. 10 MR. TORGERSON: Sure. But that would reouire 11 only two security gates versus one. It might be that 12 that's a better location to have your vehicle well off of 13 Riverside when he's punching his code in rather than 14 barely pulling off of Riverside and punching his code in. 15 MR. GUSTAFSON: It gets a little bit harder when 16 you start getting multiple entrances and multiple security 17 points. It gets harder to maintain the security of 18 those. Somebody drives through an opening, somebody may 19 be sneaking -- maybe it's at night he sneaks in and gets 20 in there and nobody sees him. Where at least with one 21 entry point we have secured -- we have security over that 22 point. The property really isn't that wide. I mean, it 23 isn't such a wide property that we need multiple 24 entrances. One entrance would give us the best security 25 . possibility. 43 1 that the Dowers that be decided that was the policy. We 2 didn't decide it. We're supposed to implement it, and 3 the- we get the modification. If it's never going to 4 happen, wy don't we get it changed so that we're not 5 having to deal with this policy all the time? Sorry. It 6 makes me crazy. 7 MR. GAVALDON: Okay. Thanks. Mikal? 8 IL. TORGERSON: Yeah. I had a question for Mr. 9 Gustafson. I'm looking at one of the plans that you said 10 was compliant with the -- with the LUC, 7 0_ 7 where you 11 brought the parking behind the building. 12 I!=. GUSTAFSON: Right. 13 ME. TORGERSON: And that obviously creates a bit 14 of :-e conflict with the warehouse use and perhaps a 15 conflict between the buses and the parking. But aside 16 from that, what was the major detriment from your 17 stan--4Doint? 18 MR. GUSTAFSON: That causes a real security 19 prohlem by having the parking in the back which was 20 primarily for Dublic use. There's no way to secure the 21 rest of the storage back there without having multiple 22 gates and entrances that we have to control. And it lust 23 cremes a security problem back there. 24 And with the rash of thefts and vandalisms that 25 have been in the storage units in Fort Collins, and if you 42 1 to comply with A-rticles 3 and 4, yes. Then they would be 2 subject to the same rules that this development proposal- 3 is. 4 M.R. GAVALDON: Thank you. 5 MR. BLANCHARD: Now remember if it is a change of 6 use, it may be processed as a minor amendment. It does 7. not mean that they're going to have to do a modification 8 and come into -- or come into compliance with the code to 9 test for a minor amendment, which I have been cautioning 10 you -not to use on another project, is that you do not go 11 into any further noncompliance than you already are. 12 So my suspicion is that along Riverside, as long 13 as -- ever_ if there is a change of use, as long as it's 14 not a chance in character and it's proposed as a minor 15 amendment, you're not going to see anything come into any 16 closer compliance except as perhaps landscaping. 17 MR. GAVALDON: Okay. Good. Thanks, Bob. 18 Jennifer? 19 MS. CARPENTER: Here we are again. I'm having a 20 problem with this. We set a policy to change the 21 character of Riverside that we are -- we are supposed to 22 implement. But yet we get told that it's never going to 23 happen and then we go through all these modifications. It 24 does not make sense to me. 25 We have a policy in front of us that we're -- 41 1 redeveloped, they could come in for either modification or 2 variances from the DBA to dress up their facility and have 3 their parking closer than we would have our parking out 4 here on the street. 5 MR. GAVALDON: Thank you very much. I have a 6 question, if I may. Steve and Bob, if he's talking about 7 remodeling a new building, if the buildings get a new 8 facelift, do they still have to come through the process 9 and still have to meet the 30-foot if there's new 10 development Doing on along Riverside? 11 MR. OLT: I doubt that just a facelift would 12 require something like that. We'd have to look and see 13 what would trigger actually some sort of development 14 review that would then enable us to get into the -- the 15 articles, the pertinent articles of the Land Use Code. 16 But if they wanted to repaint, did some 17 remodeling or something like that, I don't know what in 18 the code that would bump that = to a major amendment or 19 even a chance of use or something like that. No. I doubt 20 seriously, unless it's dramatic. 21 MR. GAVALDON: But if they did a change of use or 22 redevelopment, they would follow the same process, 23 modification or whatever if they wanted to make some 24 differences. 25 MR. OLT: If whatever they do triggers their need mus 1 the Land Use Code. It's not something that I think we 2 would really be proud of as an addition out here on 3 Riverside. So it would just propagate the industrial 4 appearance of Riverside. 5 MS. CARPENTER: I do understand that. But when 6 we're looking at the street as a whole and eventually what 7 we want to have happen is to have that be widened and have 8 it be the arterial width that it needs to be, and then to 9 have the buildings comply. It's not going to be pretty 10 enough to be sticking out that much further than the rest 11 of the buildings. You know, we need to try to start 12 getting to that. So I think that I would like to see some 13 kind of compromise that does both, to -- I . . 14 MR. GUSTAFSON: Okay. And the other thing is, as 15 you go west here (indicating), these buildings are even 16 closer to the street. In most instances reality is that 17 these buildings are not going to get torn down and 18 rebuilt. They're going to get remodeled. The structure 19 is fine. They don't look very good, but they could dress 20 them up. But you've got parking 10 feet off the street. 21 And this is an in -fill project. There's a lot 22 here (indicating). There's a couple other lots up the 23 street. Those are really the only vacant pieces of 24 property on Riverside. 25 So by trying to -- these properties, as they M 1 any questions? 2 MR. TORGERSON: Yeah. I'd like to know what he's 3 thinking. 4 MR. GUSTAFSON: Well, I'd like to address your 5 comment, Ms. Carpenter. We could make this development 6 comply. Like I said, we could bring these buildings right 7 out here, right to the 30.-foot and make it look like an 8 industrial building. We do not want to do that. That is 9 not our intention. 10 Our intention is by putting a more up -scale 11 facility that is not out there on Riverside until you get 12 clear down by the hospital, to buffer from the public 13 right-of-way these more industrial appearing buildings. 14 We could put a building that looks very similar 15 to this on there (indicating), but we don't want to do 16 that. So we have come in with this plan saying with 17 strict letter of the Land Use Code, we could do this, 18 essentially. We don't want to do that. 19 So by some modifications, we could address up 20 this front here (indicating), make it more of a commercial 21 appearance and create that as a buffer from here to the 22 more industrial appearing buildings in the back. That 23 is -- that is our intention of asking for the 24 modification. 25 We could develop this property in compliance with 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 And then in theory if this were to develop out without modifications, access between parking lots wouldn't be as much of an issue as trying to tie into existing buildings that were there. So that to me doesn't strike me as much of a hardship because I think everbody's going to be under the same set of rules there. MS. CARPENTER: I am having a hard time believing that three spaces here is a showstopper or that it couldn't economically work and that we can't come up with any kind of a compromise. I do think we need to be looking at this street as changing. And if we continue to grant a modification for -- for encroaching into that, we're not ever going to get there. And it really concerns me to be -- you know, we keep -- we keep doing this. And it really does bother me that we're -- we're there. And this one just seems to me there's got to be a way to compromise this and make it work so that we're at least a lot closer to the 30 feet. I don't know that 3 feet helps me much to go from 12 to 15 feet. I think we can actually get closer than that. So I'm not inclined to vote for it or approve it. MR. GAVALDON: Does anyone have any questions for Mr. Gustafson? We're at the discussion stage. If we have any questions, we can certainly ask him. Does anyone have 37 1 People walking on the sidewalk, they're going to be 2 looking at the landscaping anyway. And having gone up and 3 down that street a zillion times in hopes that it's going 4 to be something that it's probably never going to be, I 5 think that what this applicant is proposing is not a bad 6 addition to that area. 7 So the 3 feet, for him to go through that, to go 6 from 12 feet to 15 feet in this one, I don't see what o we're gaining from it. If it meant that the parking lot 10 was on the edge of the sidewalk, then that 3 feet would 11 become very important to me. But when the edge of the 12 sidewalk has got another 12 feet of landscaping, then I 13 feel comfortable with it. And that's what I understood. 14 Is it, that the landscaping will be there? Is that right? 15 Okay. 16 MR. BLANCEkR.D: That's correct. For perpetuity. 17 MR. GAVALDON: Mikal, do you have anything? is MR. TORGBRSON: Yeah. I'll just share my 19 thoughts. One of my -- I guess one of my concerns is that 20 the applicant is mentioning that they want to keep these 21 building facades as close to Riverside as they can in 22 order to compete. But under the code, if everybody were 23 meeting the code, they would be a uniformed distance back 24 and we'd keep some of the uniformity in the landscaping 25 and the parking lots. 36 1 Again, I'm just asking if there's any compromised 2 situation where you'd build the same project but be 3 willing to, you know -- again, try to accommodate in any 4 way from a design standpoint more than a 12-foot setback. 5 Between 12 and 30, I guess. 6 MR. GUSTAFSON: One of the things we possibly 7 could do is move these buildings a couple of feet back 8 (indicating). But as you can see where these buildings 9 are placed, and this is an actual aerial photograph, the 10 further we push that behind, the further behind these 11 buildings that becomes less visibility people traveling 12 down Riverside have of that facility. Which puts us at a 13 disadvantage as trying to market the property. If it's 14 sitting back 50 feet off of the street, people that were 15 going to pay to be tenants in these spaces, they want some 16 visibility off of an arterial street. 17 And we have looked-- it may be possible to take 18 this and maybe move it to a 15-foot setback by reducing 19 some of the space back here (indicating). 20 MR. BERNTH: Does any of the other Board members 21 have any thoughts on that just from a standpoint of, you 22 know, trying to go after a compromised situation? I'd be 23 interested in hearing that. 24 MS. CRAIG: To be honest with you, Dan, that 3 25 feet really doesn't concern me because of the sidewalk. 35 1 just asking -- I guess, I'm asking is, if these units 2 become 15 feet by 39 feet instead of 15 feet by 40 feet, 3 you essentially end up with the same number of units. One 4 foot less. Does that kill you? 5 MR. GUSTAFSON: Again, the units are arranged 6 north/south and not this direction here (indicating). So 7 you have an overhead door roughly every 14 feet down this 8 side, this side, and this side. So you access from this 9 point. 10 And so we need to maintain that 14-foot width of 11 the spaces. The length is somewhat immaterial. We can 12 adjust that to the requirements of the tenant. But that 13 width -- that 14-foot width, and that's what gets us from 14 the length of this building from the east side to the west 15 side is based on a 14-foot bay length. It's really the 16 minimum that we have to maintain for someone to pull a 17 vehicle in there and still be able to access around it for 18 any -- if they have to change a tire or do any detailing 19 or maintenance on the vehicles, and to also have room that 20 they can maneuver around those vehicles. 21 MR. BBRN4.M : So we're basically off again. Just 22 doinc the numbers, if we lose units, we're off 6.6 23 percent. Again, I know that's an economic issue. And I 24 see what you're saying about the width versus the 25 length. 34 1 building. They're not actually getting into the back. 2 Take _his parking (indicating), this parking is 3 more fcr the -ablic and not for the people that are 4 tenants in this space, per se. And if you try to take 5 this parking and move it around back, creates conflict of 6 the security and the public access. And also you have 7 trucks that are moving in and out, turning back here, and 8 then you have parking in the way. Much greater conflict 9 of accidents to occur between a truck and a car. 10 MR. GAVALDON: I understand. Thank you. 11 MR.==RNTH: Bob, I had another question. I'm on 12 economics now, so . 13 MR. G:.,STAFSON: Okay. 14 MR. B=RNT'rI: Purely from the standpoint -- and 15 again, we don'- want you to build metal buildings 16 here. ^hat's not the point here. We're trying to find 17 some compromised situa-ion. Ar- least I am. I can't speak 18 for the rest cf the Board, obviously. 19 MR. GUSTAFSON: And we don't want to do the same 20 thing. 21 MR. B=RNTH: Okay. So the question is, is 22 purely -- I'm cuing to assume that most of these units are 23 leased by -- per unit, not by square foot or whatever. So 24 where they're 49-feet -- excuse me -- 49-feet wide or 25 50-feet wide, it's probably fairly immaterial. And we're 32 1 buildings back to, say, 27 feet. More than likely gone 2 ahead and turn this all into storage spaces. So you would 3 not have the commercial appearance of these and the screening that these buildings provide to the storage 5 spaces in the back. Simply because of the number of units 6 that -- to make this economically feasible that we have to 7 have to make _t work financially, if these move back, we 8 lost these spaces, more than likely what would happen is 9 we would eliminate this and turn this into storage, pull 10 these buildings closer and give it much more of a 11 industrial appearance and lose that commercial appearance. 12 MR. GAVALDON: I understand. But I don't see as 13 that as -- you know, a good approach to things because the 14 intent of the land use was to, you know -- with Riverside 15 and its potential in the future being a major arterial -- 16 major street of our City, I feel that there's a lot of 17 things we can do on this. 18 And I hate to -- you know, I'm not saying that 19 this is going to be a showstopper, but I'd like to see 20 some more opportunities to balance this out and come out 21 with a win/win on this. 22 MR. GUSTAFSON: And we really have looked at how 23 do we manage this. And we don't want -- we really don't 24 want this to be another steel building out here on 25 Riverside with an industrial appearance. That's not our 31 1 modification from the 30-foot setback. And Dan gave me a 2 real cood sense of this by his past question. And is 3 there opportunity to go 27 versus the reduction you want 4 and lose three spaces? Is that a real -- is that a real 5 showstopper in this project? 6 MR. GUSTAFSON: It is. Because of the nature of 7 the project, if we lose those spaces, I can tell you the 8 project is more than likely dead. 9 MR. GAVALDON: Because it seems -- just in my 10 observation_, the modification and what you're trying to do 11 and taking down the modification -- taking the 12 modification to reduce the 30 feet, it seems like you're 13 puttin_ a lot of intensity into it. Into what you're 14 lookinc to do with the parking, with the commercial 15 building, the storage units. And looking at the -- these 16 mobile homes that I know them very well, I don't own one, 17 but I've bee-: in them. I see some traffic issues. 18 And the security seems to ride this whole 19 development. I think there's something else that could be 20 done to not compromise it but accommodate. And I feel 21 that the three spaces is -- will make a better project 22 overall. I just have a hard time -- hard time 23 understandinc three will be a showstopper. 24 MR. GUSTAFSON: Let me tell you what would happen 25 if we lost those three spaces and had to move these 30 1 Furure conditions, if we improve this to a 2 four -lane, arterial as it's proposed with that 17 and a 3 half foot of additional right-of-way, there would be the 4 edge of parking (indicating) that they're proposing today 5 or tomorrow, the 12-foot landscaped strip would be 6 maintained. The sidewalk in that new four -lane arterial 7 would be right along that -- inside the street 8 right-of-way but along that edge. So there's your 6-foot 9 sidewalk and then the 10-foot parkway that's required and 10 then this be the edge of street. 11 So again, as Mr. Gustafson said, that 12-foot 12 landscape strip would be maintained in the form that they 13 want -o do. Your sidewalk then would be right against 14 that 12-foot edge of the landscaping and then the parkway 15 and then the street. 16 MS. CRAIG: That was very helpful. Thank you 17 very much, Steve. 1s MR. BERNT'r3: Steve, do you have a -- we have a 19 cross section that shows the right-of-way today and in the 20 future. Do you have one of those on screen by any chance? 21 MR. OLT: No, I don't. I'm sorry. 22 MR. GAVALDON: Any other Board questions? I have 23 a couple, if Mr. Gustafson can come up. 24 MR. GUSTAFSON: Yes, sir. 25 MR. GAVALDON: I'm concerned about the 29 1 MR. GUSTAFSON. Actually, Steve, if I could 2 clarify that a little bit. The actual 12 foot between the 3 parking and the property line will be maintained whenever 4 they do widen Riverside. 5 That 12 feet is from the -- from the dedicated -- 6 17 and a half foot dedicated, there's an additional 12 7 feet to the edge of the parking spaces. So any 8 improvements that they do to Riverside, that landscaping 9 will remain. Unlike the site at 1450 Riverside, where 10 they had -- where they widened Riverside, they ended up 11 with at one point a 1-foot landscaped setback to a 9-foot 12 landscaped setback. 13 MS. CRAIG: Okay. I do appreciate. Thank you 14 very much. Traz was helpful, but I still want Steve to 15 continue. 16 MR. OL•T: Yeah. If I can elaborate on Mr. 17 Gustafson's comments. And I know this is difficult to 18 see. Again, if you want me to bring it closer, I will. 19 The yellow block that you see here 20 (indicating) -- and this is future conditions. This is 21 existing conditions. If you were to approve the 22 modification, they were to develop this as they want, this 23 is the existing edge of Riverside Avenue now. So there 24 would be the parking, the building, this would all be 25 landscaping. 28 1 we hoped it will be improved to, where would the east edge 2 of the sidewalk be? Would it be right against their 3 parking lot? Would it take out their landscaping? Would 4 it be just before their landscaping? 5 MR. OLT: Let me -- I have a drawing up there, 6 and it's going to be hard for you to see. What I'm going 7 to do is close -- close across the screen to get the 8 drawing a little closer to you in the light and try to 9 describe it to you. And if you want me to bring it up, I 10 will. If you can hang on just a second. 11 MS. CRAIG: Okay. 12 MR. BLANCHARD: While Steve's doing that, 13 remember that in the -- I don't know any of you have ever 14 seen the street design criteria, remember when we're 15 talking about right-of-way that that includes the walk. 16 So within the -- within the boundaries of the right-of-way 17 which that additional 17 feet of dedication would be, that 18 the sidewalk will be contained in that area. 19 MS. CRAIG: I understand that. What it does, 20 though, is the edge of the sidewalk ends up against the 21 parking lot. 22 MR. BLANCHARD: Okay. I just wanted to make sure 23 it was clear that the sidewalk was not going to be outside 24 of the right-of-way. 25 MS. CRAIG: No. I understand. 27 1 two here and one here (indicating). So there would really 2 be three units. But what we're saying is, right -- if we 3 were to just take these buildings and extend them out and 4 create them to conform with the Land Use Code, we could 5 have 62 units. And we've already given up 38 percent of 6 what we could have by putting these buildings in the 7 front. 8 MR. BERNTH: So the question I'm asking is, to 9 adhere to this and to really keep the idea of the 10 buildings the way they look and what you're trying to do, 11 it would be the developer's standpoint tY_•at he could not 12 give up an additional three at this point? 13 MR. GUSTAFSON: That's right. It would make it 14 really unfeasible. The other thing that happens, right 15 now (indicating) you can see there's an existing storage 16 aril. There has been some preliminary discussion about 17 maybe some time in the future combining these two and 18 making it into one type of a facility. This would allow 19 us to have a connecting drive right here. So we could 20 have a shared access. By moving everything back 30 feet 21 would eliminate that possibility. 22 MR. BERNTH: That was my last question. Thank 23 you. 24 MS. CF.AIG: Steve, this is another one for you. 25 Trying to understand when the street is improved to what 26 1 feet plus the 12 feet. Plus then the 24-foot area. So 2 there is -- even with the widening of Riverside, there's 3 more than enough room to get -- 4 MR. BERNTH: 71 feet basically. 5 MR. GUSTAFSON: To get that vehicle completely 6 off of Riverside. That was one of the comments that was 7 essentially from traffic, wherever that control panel is, 8 needs to be in a place so that that vehicle can get off of 9 Riverside. 10 MR. BERNTH: My second question is, on page 10 of 11 the staff report, the last two sentences on the bottom, it 12 said that other could comply if the facility layout would 13 be moved back from the site further than from the edge of 14 Riverside Avenue with the potential loss for the proposed 15 45 storage units. This would constitute a 9 percent loss. 16 If I'm looking at here the first plan, the first - 17 :y one, first page, whatever, and you can probably pick up 15 18 more feet if you eliminated two of the front spaces and 19 then one at the front at the bottom because obviously 20 they're 15 feet wide, that would give you a 27-foot 21 setback which, obviously, you don't necessarily exactly 22 adhere to the 30-foot. But my question is -- that would 23 only be a loss of three. Where did the four come up with? j 24 i I was kind of curious on that. 25 MR. GUSTAFSON: Well, actually there's -- there's 25 1 units -- actually either one of these buildings back here 2 (indicating) would be used for housing of the large 3 vehicles, whether it be an RV or boats, campers, whatever. 4 MR. BERNTH: How long are these? I mean, I don't 5 own an RV so I have no clue. 6 MR. GUSTAFSON: Well, an RV can be anywhere from 7 about 20 feet up to some of them are 42 feet. Some are 8 even built on bus chassis. So you can't have -- that's 9 why we've -- with these buildings (indicating), we have 10 the ability to actually move the interior walls to make 11 them longer or shorter as the need be. 12 MR. BERNTH: Where I'm going with that, Bob, is 13 that in the future of the 17.6 feet we're taking away as a 14 right-of-wav, essentially to the front entry gate -- and 15 tell me if I'm wrong here -- would be 30 feet plus the 24 16 feet and then you're at the entry gate? 17 MR. GUSTAFSON: Right. 18 MR. BER=R : So you really only have 54 feet. So 19 you're like pulling them off the street and your back end 20 is almost hanging off the street? 21 MR. GUSTAFSON: You would actually have -- the 22 actual edge of the street is not too far east of where it 23 would be here (indicating). With the 17 and a half feet, 24 you have a 6-foot sidewalk, an 8-foot parkway that would 25 be in there. So you'd have 14 feet plus the 17 and a half 24 1 the code, yes. 2 But what they're saying then, that it would 3 sacrifice the office/warehouse portion of the 4 development. The mixed -use, so to speak, portion of the 5 development. It would become one-dimensional. It would 6 become nothing but self -storage units. 7 MS. CRAIG: Now how does it meet the criteria 8 where it says, "The building shall be sited so that a 9 building face abuts upon the required minimum landscaped 10 yard for at least 30 percent of the building frontage?" 11 MR. OLT: Well, I don't see the plan. What would 12 happen is that the sides of the buildings would come up -- 13 the sides of the buildings you see back there, the 14 self -storage units would come up to that street 15 right-of-way line. And as long as you had 30 percent of 16 the building frontage of the entire width of the site, 17 then it would meet the criteria. 18 MS. CRAIG: I understand now. Thanks. 19 MR. GAVALDON: Any other Board questions? 20 MR. BERNTH: I had a question for Bob, a few 21 questions, actually. Bob, I've noticed that these units 22 are 15 by 40s, 15 by 50s, and 15 by 60s. Those are the 23 ones I would assume that would hold the, like, RV 24 vehicles? 25 MR. GUSTAFSON: That's correct. These -- these 10491 1 warehouse storage areas. 2 MR. GAVALDON: I just want to capture what you 3 were suggesting. So us board members -- 4 MR. GUSTAFSON: Did that explain it? 5 MR. GAVALDON: Yes. Thanks. I just wanted to 6 make sure we captured that. Okay. Thank you very 7 much. Are there any Board -- we'll bring it back -- 8 before we do that, is there anyone else that would like to 9 speak to this proposal. Just want to give everyone a 10 chance. Fine, we'll bring it back to the Board. 11 MS. CRAIG: I'll start off. Especially since 12 Jerry brought that up, having read this development 13 standard d-.23(e), that they're asking for a modification 14 on, I guess I don't understand how they could do what he 15 just suggested and still meet this criteria, and, that is, 16 push she two storage units up to the landscaped setback. 17 MR. OLT: Well, that's exactly what they would 18 do. =f they were to eliminate the two buildings that 19 they're showing on this plan that you're looking at, the 20 alterative plan, the essentially combined commercial 21 office/warehouse buildings, eliminate those and bring the 22 self -storage buildings that you see then behind them up to 23 just the building setback line and have nothing but a 24 drivewav entry into the site at that locked gate, that 25 secured gate you go in, it would meet then the intent of 22 1 beyond what would -- is actually required by Land Use Code 2 and take it a step further with mixed -uses and with more 3 natural materials. Increase landscaping out there along e Riverside. Landscape buffer and things like that to 5 create a nicer appearing facility. 6 If the Board has any questions, I would certainly 7 entertain them at this time. 8 MR. GAVALDON: Thank you very much. Steve, did 9 you get that suggestion that he said that would fall under 10 the Land Use Code, being, removing some units? 11 MR. OLT: I don't understand the question, Mr. 12 Gavaldon. 13 MR. GAVALDON: Did you -- were you able to jot 14 down this information on if two units or, I believe what 15 you said, were removed, it will fall within the land use 16 code. It was towards the end of your presentation. 17 MR. GUSTAFSON: What it was, is if we were to 18 remove these two buildings out front that are the 19 office/warehouse (indicating), take these two buildings 20 and essentially just extend those down to the 30-foot 21 setback line which would be allowed, we can bring the 22 buildings to the 30-foot setback line. We would actually 23 end up with 62 storage spaces. But we would not have the 24 commercial appearance of these two buildings and the 25 screening that these two buildings are providing to the 21 1 2 3 4 5 6 7 8 9 10 11 12 13 1d 75 _6 17 18 19 20 21 22 23 24 25 units by 38 percent. One of the other issues that we tried to wrestle with, is in Division 3.7 of the Land Use Code talks about in -fill development. In trying to spur and encourage in -fill development and reinvestment in built up areas of the City, obviously Riverside was developed in the 170s. There's still a few parcels along Riverside that are undevelor)ed. Most of them have either a metal building on it like this (indicating) with very little landscaping or a situation like this where the parking is maybe at the most 10 feet. Number of places where the parking is right on the sidewalk with no landscaping at all. Obviously, this type of landscaping, already creates a situation where we are doing better than what's there now. And even if development -- redevelopment does occur out here, most of it is going to be more of a facelift, remodel. You're going to have -- most people there probably won't come in, raze a building, and try to rebuild. In conclusion, what -- like I said, what we're trying to obtain here is to create an upscale storaoe professional looking facility that would be a desirable addition and start to create an identifiable image for Riverside. Try to do a little bit of a facelift but go 20 1 If Riverside ever develops, they would actually 2 develop it as a modified arterial where there would be a 3 6-foot sidewalk from the property line out and then an 4 8-foot parkway and then the curb and gutter. 5 The reason why at this point we don't have any 6 street trees, is we put the street trees on the property. 7 Because if they ever come through and widened Riverside, 8 if we plant something now, 10 years they widened 9 Riverside, we have to tear it all out. So it's our 10 intention that all of our street trees, all of our 11 landscaping will be contained within the 12-foot area 12 behind the new right-of-way line. 13 To give you an idea of -- in this area 14 (indicating), we could do an additional plan that wasn't 15 really shown to you, but that would conform to the land 16 use code, essentially taking -- removing these two 17 buildings, taking these two buildings and stretching them 18 out to the 30-foot setback would actually -- right now we 19 have 45 combination storage units, office/warehouse. We 20 could have a total of 62 just storage units. So we are 21 actually -- voluntarily by putting the office/warehouse 22 here, reducing the number of storage facilities we have by 23 38 percent. And any more reduction of that creates a -- a 24 feasibility to make this project work by reducing any more 25 of that. So we have voluntarily reduced the number of 19 1 sticking in Fiverside or they would be blocking internal 2 traffic. 3 With this plan, like I said, it screens the more 4 intense_ industrial storage uses to the back but also has a 5 commercial appearance to it. The building itself will be 6 faced with split -face block, brick, stucco, something that 7 you don't see along Riverside. Right now the Public 8 Service Company is just an old -block building. These are 9 just metal buildings (indicating). 10 Up here (indicating) you have the styrofoam li injection plant, which is all steel buildings and then 12 parking right up close to it. So you really don't have -- 13 what we're trying to create is an architectural image out 14 there that may help to define Riverside corridor at some 15 point. 16 And then one of the other things we also did, 17 with the dedication of the 17 and a half feet actually i8 takes the property line right up to here (indicating). At 19 that point we start with a 12-foot landscaped setback 20 which has a 30-inch high berm plus another -- anywhere 21 from 10 to 30-inch plant material on top of that. So 22 there are plants where you can be 5 feet of screening 23 between the street and the parking in that area. So in a 24 sense, from the edge of the street to the parking is 25 almost 40 feet of actual landscaped area right now. 18 1 parkin=. We also lose the unrestricted access to the 2 public, and it destroys the security of the facility 3 because no longer do we have those security gates that 4 keep the public from getting back into the secured storage 5 area. 6 In the alterative plan, we feel that it's -- it's 7 better because number one -- Steve, can you go back to 8 that plan, please? 9 You know, the parking here in front is easily 10 accessible from the public (indicating). All you have to 11 do is pull in. To answer Ms. Craig's question as to why 12 the parking is not in front of the building, if you have 13 somebody wit: a motor home, a 40-foot motor home pulling 14 in here, thev're able to stop right here if somebody is 15 drivinc out. 16 If the drives were actually down here 17 (indicating), there is a much greater -- potential for 18 conflict because people are coming in and out. There's 19 also -- to operate these gates, there's a -- going to be a 20 control panel right here that would be used. So if 21 somebody drives in, they could operate these gates through 22 some type of a key system, and so they can drive 23 through. 24 Whereas if that drive was there, either the motor 25 home or the vehicle that would be parked, would be 16 1 There is a facility similar to this that is out 2 on East Mulberry at Summit View. Very similar to 3 this. Recently has been completed. Again, that's not 4 centrally located. It's kind of out of the way for a lot 5 of people. 6 And again, as I said, this is not just a storage 7 facility. Even though it's called Maxi -Stuff Storage, 8 it's not just storage. We're going to look at it kind of 9 as a mixed -use of different people, different 10 professionals, things like that. 11 We wanted to have something that had an 12 identifiable image. So if the contractor will say, "I'll 13 meet you at my shop here," people would recognize it and 14 it doesn't look like just another industrial building out 15 here on Riverside. So we're going to try to make it 16 visually attractive. 17 But then by taking the office warehouse, we're 18 able to create a buffer between the public roadway and the 19 more industrial appearing storage spaces in the back. As 20 you can see, as you're driving down Riverside right here 21 (indicating), your visibility to the back is fairly well 22 screened by the old Public Service building and then these 23 buildings here. So there's really not a lot of visibility 24 to this back areas. 25 These front buildings, effectively all you have 14 1 fact, for a facility that allows storage of large 2 vehicles, motor homes, boats, trailers, vintage cars. We 3 even have people that have shown interest, they have 4 historic vehicles, fire trucks, other vehicles that they 5 need a place that's secure. 6 The inside of each unit is finished. Given a. 7 complete room -- complete space that is just theirs. It's 8 not your typical steel shed that they've made into a 9 storace space. These are a specially made, highly secure 10 units. 11 After we looked at that, we also did some 12 research with other professionals in the marketplace, 13 Northern Colorado, and discovered there's also a need for 14 what we term, "professional warehouse space." A place 15 where you may have a contractor, builder, plumber that has 16 a need for -- they may be working out of their office. 17 There's actually several in the storage space to the north 18 (indicating) where they actually open up the garage door 19 and that's their office and warehouse. There's several -- 20 several of those. 21 There's a big need of a location where they can 22 have warehouse space in the back for tools, materials, 23 supplies, parking of the trucks at night while they're not 24 on the job and then a space in front where they can work 25 with clients, do their bookkeeping. 13 1 MS. CRAIG: That's all for now. 2 MR. GAVALDON: Thank you. Do we want to go ahead 3 and hear from the applicant? Good evening. 4 MR. GUSTAFSON: Good evening. My name is Bob 5 Gustafson with Wickham Gustafson Architects. And we're 6 here representing the owner for the development that you B 7 see before you tonight, the request for the modifications. 8 I think Steve did a very good job of kind of 9 explaining where we're coming from, but I want to give a 10 little bit of a background in the history as to what our 11 intentions are with this type of a development. 12 Earlier this year the developer came to us 13 looking at the possibility of doing a storage facility 14 unlike any others here in Northern Colorado. it was -- it 15 was a facility that was designed specifically for large 16 vehicles, motor homes, people with boats, that they would 17 each have their own space which they could use to house 18 these. 19 We're looking at motor homes that can be upwards 20 to $1 million that could go into spaces like this. You 21 just don't take a vehicle like that and leave it in a 22 field somewhere. There's going to be vandalism, 23 deterioration of the vehicle itself. 24 People have a lot of money invested in these. 25 And there's very much of a need throughout the country, in 12 1 see. Where is it? -ere we are. The developer has agreed 2 to dedicate a 17.5 strip alone Riverside Avenue., Now 3 isn't that rewired? 4 MR. OLT: Yes. The City has -- the City 5 engineering -- 6 MS. CRAIG: So for us to say he has agreed, what 7 would happen if he disagreed? 8 MR. OLT: Well, he didn't disagreed. The City 9 said -- 10 MS. CRAIG: He could disagree. Isn't legally he 11 has to give 17 foot -- 12 MR. OLT: The City said we need an additional 17 13 and a half foot of right-of-way for future improvements to 14 Riverside Avenue to bring it to a four -lane arterial 15 street. That's correct. And they -- 16 MS. CRAIG: Legally they have to give us 17 and a 17 half feet. 18 MR. OLT: They did it. 19 MS. CRAIG: Okay. That's the point. Legally 20 they have to. So that is not a concession, that's 21 requirement. 22 MR. OLT: I don't think it's ever been considered 23 to be a concession. We said we need that additional 24 right-of-way, and they said they can do that. But what 25 they're requesting is modification outside of that. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 development plan. What we're looking at is a modification for those two standards. One being the 30-foot landscaped yard, the other being the 30 percent of the building abutting the right-of-way. At such time that we get the project development plan, then they will have to meet that criteria in the code. We're not reviewing project development plan. We're reviewing request for two standards. So what they're showing us, what they're demonstrating to you that they can certainly provide a development plan that would be equal to or better than a plan that would meet the requirement by substantially increasing the amount of landscaping in this area. But when they come in with a formal development plan, then they will be required to meet their street tree requirements, as per code. But they're -- that's not part of the modification request. That's outside of -- MS. CRAIG: Okay. MR. OLT: -- the need for these modifications. MS. CRAIG: So what I'm seeing tonight is not what's going to be reviewed or -- MR. OLT: Absolutely not. That's correct. Again, this is -- MS. CRAIG: That's why I'm talking to staff. Another thine is in here it talks about -- let's 10 1 MS. CRAIG: -- the 30 feet are at the edge of 2 the parking that they've headed west. 3 NR. OLT: You've got the asphalt, via the 4 driveway or the parking that's got to be in that zone. If 5 you flip-flop -- you've got to have the driveway to get 6 the parking in there. You've got one point of access off 7 of Riverside Avenue right here (indicating). So you're 8 either going to have the parking spaces or the driveway 9 area in that zone. 10 MS. CRAIG: So you're saying to park in front of 11 the offices you would still need that much asphalt? 12 MR. OLT: Yeah, because all you would be doing is 13 flipping the driveway area and the parking area. You have 14 to be able to come in off of this driveway and have a 15 driveway to get you to these parking spaces in front of 16 the building. So you -- you wouldn't take away any 17 parking. You just would be -- 18 MS. CRAIG: You wouldn't take away any asphalt. 19 MR. OLT: Or you wouldn't take away any asphalt. 20 You would just flip the parking and driveway. 21 MS. CRAIG: Okay. Another question for staff is 22 that I noticed on this one that there are no street 23 trees. Why are you not requiring street trees on this 24 project? 25 MR. OLT: Again, we are not at the project 0 1 staff was looking at this, why -- why couldn't the parking 2 be in front of their store? Why does -- or.their offices? 3 Why does the parking have to face west and be in this 4 30-foot setback zone? 5 MR. OLT: Well, if I understand you correctly, -6 Sally, what we're saying is, the parking could be right in 7 front of the units here (indicating). 8 MS. CRAIG: Yes. And their cars would be facing 9 west or north. 10 MR. OLT: Well, that would be east. 11 MS. CRAIG: Or north. 12 MR. OLT: They would be facing east. You still 13 have the driveway and parking. What you've done -- you 14 would 'e just be flip-flopping the driveway and the 15 parking. 16 MS. CRAIG: Yeah. You would be parking in front 17 of the offices like you see almost in every situation. 18 MR. OLT: You'll have to ask the applicant. I 19 really -- again_, that's a tradeoff. I'm not sure that one 20 solution is better than the other in this particular 21 situation. 22 MS. CRAIG: Well, it would have made them not 23 have to come with the modification.. Because the 24 modification -- 25 MR. OLT: No. [] 1 spaces here and seven over in this location that would 2 access the orefronts. Because at this point there would 3 be a gate back into the self -storage area. And they want 4 to separate those two uses, the self -storage units from 5 the actual commercial office storefronts and provide this 6 parking in these locations. 7 What they will do to create a plan that would. 8 conceivably be equal to or better than the requirement of 9 the code that there be a 30-foot landscaped yard from the 10 right-of-wav back before you have any buildings or parking 11 is provide substantial landscaping. 12 This is pretty much uninterrupted landscaping 13 along the frontage of both these parking areas with a 14 30-inch high, berming for starters. And you've got 15 landscaping on top of that. It would be rather dense, 16 significant, substantially screening the parking 17 areas. And then they would have somewhat a typical type 18 of building storefronts in this location (indicating). 19 These being commercial office buildings rather than truly 20 the self -storage building. 21 So with that, I think I would like to end the 22 presentation, entertain any questions, or if you have 23 anything after the applicant has made their presentation. 24 MR. GAVALDON: Any questions? 25 MS. CRAIG: I have one question, Steve. When 7 1 P_venue being an arterial street in the I, Industrial, 2 Zoning District, there is a requirement that there be a 3 30-foot landscaped setback from the street right-of-way. 4 And in this particular situation -- I guess, on 5 this plan, it's a little hard to see where that 6 right-of-way would be. But I believe it would be right in 7 this location (indicating). 30 feet from -- or the 8 landscaped yard must be 30 feet from this right-of-way 9 back before you encounter any parking or building. The -- 10 that's the one standard that they're requesting a 11 modification for. 12 The other standard is, there's a requirement in 13 the -- or I, Industrial, Zoning District that a minimum of 14 30 percent of the building storefronts along this street 15 frontage (indicating) be adjacent to abutting that street 16 right-of-way. 17 And in this particular situation, what they're 18 requesting -- because, again, they're wanting to do a 19 dual -use, be a commercial storefront offices and then 20 storage behind so that they would have customers using the 21 storage, but also meet with their clients in these actual 22 offices along the front of the site. 23 They want to maintain accessability to the 24 storefronts, via, the seven parking spaces. And that's 25 what you see here (indicating). I think there's six 6 1 You have several uses surrounding the property. 2 This is a large electronics firm previously that had been 3 Public Service Company (indicating), I believe, had been 4 there for many years. Teledyne Water Pik assumes this 5 entire site. I'm not sure if this is vacant ground or 6 parking for Teledyne Water Pik. 7 You have then several commercial industrial uses 8 directly to the north as a -- a self -storage facility 9 currently and then several other types of uses. 10 This is the site that they are proposing to 11 develop into a future self -storage facility 12 (indicatinc). But this will be unique in the sense that 13 you'll have access off of Riverside Avenue, which is here 14 at the bottom of the slide. This is the single point of 15 access into the site. 16 And what the applicant is proposing is to 17 construct two buildings at the front of the site 18 (indicating), and both of these would be a combination of 19 offices, commercial storefronts along the west side facing 20 Riverside Avenue, and then storage units in the back of 21 these buildings. And then these buildings to the east, 22 the larger buildings, along the railroad track, would be 23 all inside self storage. 24 What's being requested of the Board this evening 25 is there's two modifications. One is, along Riverside 5 1 pedestrian connection from the sidewalk, the public 2 sidewalk, along Riverside Avenue to the commercial 3 storefronts as proposed. 4 The second criteria that the applicant had cited 5 dealing with hardship, staff's evaluation is a plan 6 submitted that requires a modification of the standard 7 could comply if the facility layout would be moved back 8 from the site further from the street edge of Riverside 9 with a potential for a loss of approximately 4 of the 45 10 storage units. But we don't truly believe that a hardship 11 would be imposed on development of the site. 12 What I'd like to go now is briefly go to the 13 slides. So I'm going to go to the other podium. 14 Again, as I indicated, as you see on the slide on 15 the screen in front of you, the red -shaded area on the map 16 is the site. And that is -- do we have the laser pointer 17 by chance? Then I'll go ahead and use something. Can you 18 see that at all? Then I'm not going to use that. Thanks, 19 Bob. Without touching the screen, I will try to direct 20 you through this. 21 Okay. So we use the cursor. Everyone can see 22 the arrow? That site that I now have essentially overlaid 23 with the symbol is the location. This is Riverside Avenue 24 running along the (indicating) west side of the site, and 25 then this is East Prospect Road. rd 1 modification would not be detrimental to the public good 2 nor would it impair the intent and purposes of the land 3 use code. The plan as submitted will advance or protect 4 the public interest and purpose of the standard for which 5 the modification is requested equally well or better than 6 would a plan which complies for the following reasons: 7 The proposed landscaped parking area in front of 8 the buildings will increase the amount of vegetation 9 adjacent to Riverside Avenue to an amount equal to a 10 project developed according to the standards set forth in 11 the Land Use Code. 12 The proposed landscaped improvements are similar 13 to or greater than those in the surrounding area that were 14 reviewed under prior land use regulations, either as the 15 use -by -right or the Land Development Guidance System. And 16 the proposed design of the Maxi -Stuff storage facility is 17 more similar to a commercial design and use than a true 18 and sole industrial use. 19 The alterative plan submitted provides for good 20 separation of uses on -site with access and parking for the 21 storefront offices being detached from the self -storage 22 units while still being set back a significant distance 23 from the existing Riverside Avenue. 24 There is a significant amount of landscaping and 25 separation from the existing street, as well as a defined 3 1 protect the public interests and purposes of the standard 2 for which the modification_ is requested equally well or 3 better than would a plan which complies with the 4 standard." 5 "The second criteria of the granting of the 6 modification from the strict application of any standard 7 would result in substantial benefit to the City by reason 8 of the fact that the proposed project would substantially 9 address an important cormnunity need," and then it goes 10 into specifics about community needs. 11 And the last criteria is, "By reason of 12 exceptional physical conditions or other extraordinary 13 exceptional conditions or situations unique to the 14 proper-y." And this nets you to the hardship case. In 15 this particular case the applicant has proposed that the 16 modification of standards that they're requestina meet the 17 requirements of sections 2.8.2(h)l and 3 dealing with 18 their plan being equal to or better than a plan which 19 would comply and the hardship criteria. 20 Moving to staff's evaluation analysis of the 21 modification request. Let me get to that point. See, I'm 22 going to summarize this and then go up to the plan briefly 23 before we bring the applicant to the podium. 24 Under the finding of facts and conclusions, staff 25 has determined that the granting of the request of E 1 Pertinent code sections that we'll be dealing 2 with tonight are, again, the subsection 4.23(e)2(b) 3 building design orientation. And that section states, 4 "Along arterial streets and any other streets that 5 directly connect to other districts, the building shall be 6 sited so that a building face abuts upon the required 7 minimum landscaped yard for at least 30 percent of the 8 building frontage. Such a building face shall not consist 9 of a blank wall." 10 The second subsection we'll be dealing with 11 is 4.23(e)3(a)2, site design screening. And that states, 12 "A minimum 30-foot deep landscaped yard shall be provided 13 along all arterial streets and along any district boundary 14 line that does not adjoin a residential land use. If a 15 district boundary abuts upon or is within a street 16 right-of-way then the required landscaped yard shall 17 commence at the street right-of-way line on the district 18 side of the street rather than at the district boundary 19 line." 20 The charge of the Planning and Zoning Board this 21 evening as specified in Section 2.8.2 dealing with 22 modification review procedures states that, "The granting 23 of the modification would neither be detrimental to the 24 public good nor impair the intent and purposes of the land 25 use code and that the plan as submitted will advance or PLANNING & ZONING MEETING NOVEMBER 18, 1999 MODIFICATION OF THE STANDARD FOR THE MAXI -STUFF STORAGE Commission Members Present: Mikal Torgerson Sally Craig Dan Bernth Jennifer Carpenter Jerry Gavaldon Staff Present: Paul Eckman, City Attorney's Office Bob Blanchard, Planning Department Steve Olt, Planning Department Meadors Court Reporting, LLC 140 W. 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ICY vmw� u.. r.ws iroe .rar...� 3ecember 10, 1999 City of Fort Collins City Clerk P.O. Box 580 Ft. Collins, CO 80522-0580 DEC 1 4 P-1 CITY CL` DRK As Partners in the entity of Riverside/Prospect, LLC, owners of the property at 1640 Riverside Avenue, we desire to appeal to the Fort Collins City Council the decision on item number 6 of the November 18, 1999 Fort Collins Planning and Zoning Board meeting. This item dealt specifically with a proposed modification to Section 4.23(E)(2)(b) and Section 4.23(E)(3xa)2 of the Land Use Code (LUC) for Maxi -Stuff Storage, 1640 - Riverside Avenue. Our grounds for appeal is that the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the code and charter at the Public Hearing November 18, 1999. As specified in Section 2.8.2 the Planning and Zoning Board shall review and make a decision on a modification request based upon the following criteria: -- "...the granting of the modification would neither be detrimental to the public good nor impair the intent and purpose of this Land Use Code; and that: • The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would-Vpfan which complies with the standards for which a modification is requested. As presented at the public hearing the plan proposed which requires a modification meets the intent of the LUC and actually advances the public interests more than a plan which conforms to the LUC. As specified in the LUC the property could be developed with buildings abutting the 30' Landscape Setback with much more of an industrial and storage unit appearance. Our intention with the office/warehouse concept is to provide a commercial appearing facility which acts as a buffer to the more industrial appearing storage units. This arrangement creates.:an upscale image that can be used to define a commercial appearance of the Riverside corridor rather:thatian industrial appearance. Attached is a copy of the desired plan requiring modifications and a plan that conforms to the LUC. The plan which conforms to the LUC was the idea presented to the Planning and Zoning Board on November 18. This plan creates a development with a much greater industrial, storage building image thereby perpetuating the industrial appearance of Riverside Avenue. With the desire of creating a visually pleasing environment and allowing an infill property to develop we hereby request the Fort Collins City Council to hear our appeal of the November 18 Planning and Zoning Board decision regarding Maxi -Stuff Storage, 1640 Riverside Avenue. Sincerely, Tom Smith Partner, Riverside/Prospect, LLC CC-, NJk WkA, Clayton Schwerin Partner, Riverside/Prospect, LLC VICINITY MAP 10/20/99 #9-99 Maxi -Storage- 1640 Riverside Modification Request 1"=600' (2) the granting of a modification from the strict application of any standard would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan, adopted policy, ordinance or resolution (such as, by way of example only, affordable housing or historic preservation) or would substantially alleviate an existing, defined and described problem of city- wide concern (such as, by way of example only, traffic congestion or urban blight), and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant." The Planning and Zoning Board, on November 18, 1999, denied the requests for Modifications of Standards, citing their finding that the request will not advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested. The following reasons were given: The site is in an area that is somewhere between industrial and employment, and the plan as submitted does not meet either with the modification. 2. Looking at the City's long-range urban planning goals, at some point, the existing buildings are going to redevelop. If we stay with the standards in the LUC, it will ultimately make for a better urban streetscape. 5 Section 4.23(E) Development Standards, Subsection 4.23(E)(3)(a)2 Site Design - Screening states: "A minimum 30' deep landscaped yard shall be provided along all arterial streets, and along any district boundary line that does not adjoin a residential land use. If a district boundary abuts upon or is within a street right-of-way, then the required landscaped yard shall commence at the street right-of-way line on the district side of the street, rather than at the district boundary line." The Appellants submitted an alternative plan proposing to allow a 12' wide landscape setback along Riverside Avenue in lieu of the 30' setback as prescribed in the LUC. The landscape setback reduction to 12' is warranted because the alternative plan proposes to: 1) provide a greater amount of landscape materials within the setback than is required by the LUC; and 2) construct an earthen berm, with plantings on top, within the setback area. The increased landscape treatment is designed to enhance the visual effect and character of this development and surrounding area. The Appellants have proposed that the modifications of these standards meets the requirements of Sections 2.8.2(H)(1) and (3) of the LUC. Their contention is that approval of requests for modifications will allow for the development of an upscale storage facility that has the appearance of a commercial establishment. As proposed, this development would enhance the image of the area through increased landscaping materials and the appearance of a commercial development rather than an industrial facility. The Appellants feel that the proposed development, with the requested modifications, is much better than (equal to or better than) a development that conforms to the standards. As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Planning and Zoning Board shall review, consider, and approve, approve with conditions or deny an application for a modification based upon: "... the granting of the modification would neither be detrimental to the public good nor impair the intent and purposes of this Land Use Code; and that: (1) the plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or 4 • The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standards for which the modification is requested. As presented at the public hearing the plan proposed which requires a modification meets the intent of the LUC and actually advances the public interests more than a plan which conforms to the LUC. As specified in the LUC the property could be developed with buildings abutting the 30' Landscape Setback with much more of an industrial and storage unit appearance. Our intention with the office/warehouse concept is to provide a commercial appearing facility which acts as a buffer to the more industrial appearing storage units. This arrangement creates an upscale image that can be used to define a commercial appearance of the Riverside corridor rather than an industrial appearance. Staff Response: The Appellants' request was for modifications of two standards as set forth in the LUC: Section 4.23(E) Development Standards, Subsection 4.23(E)(2)(b) Building Design - Orientation states: "Along arterial streets and any other streets that directly connect to other districts, buildings shall be sited so that a building face abuts upon the required minimum landscaped yard for at least 30% of the building frontage. Such a building face shall not consist of a blank wall." The Appellants submitted an alternative plan proposing to allow the western buildings' storefronts to be set back from the landscaped yard without any of the building facades abutting the setback line (Note: These buildings were designed with office/display areas facing Riverside Avenue, with storage/warehouse space behind. Additional buildings to the east were to be limited to self -storage units). The reason given for the alternative plan was that to meet the requirement of the LUC, the buildings would either have to be turned 90 degrees of they would have to be moved towards (closer to) Riverside Avenue, with the public parking located to the rear of the buildings. Moving the buildings closer to Riverside Avenue and placing the public parking to the rear would compromise the security of the facility by increasing the public access to the storage areas, thereby increasing the possibility of vandalism and theft, and creating conflict between the public parking for the commercial storefront offices and the overhead door access into the commercial storage units in the rear of the western buildings. The intent is to separate the commercial activities from the self -storage area with a security gate. K. b. The board or commission substantially ignored its previously established rules of procedure; C. The board or commission considered evidence relevant to its findings which was substantially false or grossly misleading; or d. The board or commission improperly failed to receive all relevant evidence offered by the appellant." The Appeal: (Note: Bold text represents excerpts from the appeal document) Appellants: Tom Smith 0 Partner, Riverside/Prospect, LLC Clayton Schwerin Partner, Riverside/Prospect. LLC Grounds for Appeal: On December 14, 1999, a Notice of Appeal was received by the City Clerk's office regarding the decision of the Planning and Zoning Board. In the Notice of Appeal from the Appellants Tom Smith and Clayton Schwerin, it is alleged that: The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter at the Public Hearing on November 18, 1999. As Partners in the entity of Riverside/Prospect, LLC, owners of the property at 1640 Riverside Avenue, we desire to appeal to the Fort Collins City Council the decision on item number 6 of the November 18, 1999 Fort Collins Planning and Zoning Board meeting. This item dealt specifically with a proposed modification to Section 4.23(E)(2)(b) and Section 4.23(E)(3)(a)2 of the Land Use Code (LUC) for Maxi -Stuff Storage, 1640 Riverside Avenue. Our grounds for appeal is that the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the code and charter at the Public Hearing November 18, 1999. As specified in Section 2.8.2 the Planning and Zoning Board shall review and make decision on a modification request based upon the following criteria: • "...the granting of the modification would neither be detrimental to the public good nor impair the intent and purpose of this Land Use Code; and that: 2 CommUI. . Planning and Environmental S ices Current Planning Citv of Fort Collins MEMORANDUM TO: Mayor and Members of City Council FROM: Stephen Olt, City Planner GPo THRU: Greg Byrne, Director C.P.E.S. Bob Blanchard, Current Planning Director DATE: January 5, 2000 ° RE: Modification of Standards in Section 4.23(E)(2)(b) and Section 4.23(E)(3)(a)2 of the Land Use Code for the Maxi -Stuff Storage, 1640 Riverside Avenue — Appeal to City Council The purpose of this memorandum is to respond to an appeal regarding the November 18, 1999 decision of the Planning and Zoning Board to deny the request for two Modifications of Standards of the Land Use Code LUC for the proposed Maxi -Stuff Storage, 1640 Riverside Avenue. The property is zoned I — Industrial and is located on the east side of Riverside Avenue just north of East Prospect Road (see attached Vicinity Map). Section 2-48 of the City Code states: "Except for appeals by members of the City Council, for which no grounds need be stated, the permissible grounds for appeal shall be limited to allegations that the board or commission committed one or more of the following errors: (1) Failure to properly interpret and apply relevant provisions of the Code and Charter; (2) Failure to conduct a fair hearing in that: a. The board or commission exceeded its authority or jurisdiction as contained in the Code and Charter; 1 _�? North College Avenge - P.O. BoN 580 - Fort Collins, CO 80522-0580 - (970) 221-6750 - F.-%i (970) 416-2020 N N 83' 52' /O• E R•�15A3'- eu ev 917E DATA, YI YaY �Y V. ti.e� 9 — IMaIM i� .AaV. 1,a1 . � Y ti9O. Ri�NlWA � IM •b J WT -. _ i[ { {88{ LM r i IV ]�• ormwe Wn I Id V. W I Y Ne9 se'u a R•42000*1 Ll �[ 2 4� are aura 4P�i\ ink �YOY\\ Ni�Y.�OW `k �lOAA Me�4 Ot -tom 06VNCa44m, IZVS uW� W! - a�a a a I RIVSMDE AVB E gro� ems. esero.w�ac..w a�ve�os nveL� 4*ePe ,A, � r WIT- b ' bp1v.N�wV�RMtl ` !3!0 E 3 9 ' ve I lot �T U. I�II� l�Il�iill�i�ll r c u.. 13f� a� ! 9 — r s YYYY •KQ � �� � .: . •....yr. .. a"t r 1 ,. � w.:. •. �a: 7C'.' .N.er i� � 1 � 1 t �+� � ., ceumy ii ���; J ii i •. p.sr " � \ \ '1 t \\ \�J�ii. rtYRYIi " \\ \�i `�L .M.W .e�rrr � \ � _ 1 \'• Y� `\ � /\ \� }[■„■ �� ♦.YIYLIq (. �. ` it _--^-.x...... � 3t ae r �IIlm I r � !g j�jA — v . _ _ — —.� WE DATA, 1'YiW eV11V IY� C- 1{ - - nor i 6;�ili;il I Y r - V xxpp 1 Y r � a 17e* Ql *-a "t woes- ! S �J ffiTE3dATA. A(-trarh9,Viue- Play, -- 'fib mot- week 4buAmmA6 m L C, limited contact with their clients in a formal office setting. Material suppliers may also utilize these spaces to exhibit their products but not act as a retail outlet. Without direct access by the public these spaces are not tenable. • Increased access of the public to the storage areas would lead to an increase in vandalism and theft. With the large storage spaces available it is anticipated that the users would be storing either a large quantity of materials or items of significant value. Recent thefts and vandalism at other storage facilities in the Fort Collins area simply reinforces the need for secure storage of personal belongings. Allowing free public access would greatly compromise the security of the facility. Placing parking at the rear of the buildings creates the same conflict between the parking and overhead door.access as mentioned in our original modification request. Large vehicle access would become very difficult because of the limited turning area in which to maneuver trucks. Encroachment into the public parking spaces by a large truck would be required in order to enter into the office / warehouse spaces. As currently designed there is 15% of building frontage abutting the front landscape yard. As noted in our original modification request this 15% area is approximately 76.5' from the Riverside Avenue ROW which is far greater than the 30' depth normally required. In our professional design opinion we feel that the development as shown with modifications to Section 4.23(EX2)(b) and Section 4.23(E)(3)(a)2 is better for those reasons contained in our original modification request of September 2, 1999. For the above listed reasons plus those of our original modification request we would like to present our case to the Planning and Zoning Board at the next available public hearing. If you so desire we would be pleased to meet with any additional staff persons that may have any questions. Sincerely, Robert Gustafson cc: Mr. Bill Strickfaden cA ..yobbcl?506=0 rVLGI_7J-S�TAFSON LAWRENCE A WICKHAM ROBERTI.GUSTAFSON DONALD G. SHIELDS COREY STINAR A R C H I T E C T S 1449 RIVERSIDE AVENUE (970) 493-2025 FORT COLLINS, COLORADO 80524 FAX (970) 493-2026 October 28, 1999 Steve Olt City of Ft. Collins Current Planning Office P.O. Box 580 Ft. Collins, CO 80522-0580 RE: Maxi -Stuff Storage 1640 Riverside Avenue Dear Mr. Olt, OCT 2 9 1999 c �_— .September 2, 1999 we formally requested a modification to Section 4.23(E)(3)(a)2 of the Fort Collins Land Use Code which deals with the required front yard landscape setback. During the course of staff review it was discovered that the site plan as presented would also require a modification to section 4.23(E)(2)(b) which requires 30% of the building front to abut the required front yard landscape setback Due to site constraints and program requirements we are unable to deviate from the previously submitted site plan. Therefore we are hereby requesting that, in addition to a modification of Section 4.23(E)(3)(a)2, a modification to Section 4.23(E)(2)(b) be heard by the Fort Collins Planning and Zoning Board on November 18. Section 4.23(E)(2)(b) of the Land Use Code states that 30% of the building face must abut the required front yard landscape setback To accomplish this the buildings would either have to be turned 90 degrees as previously indicated with the associated problems or they would have to be moved towards Riverside Avenue with the proposed public parking located to the rear of the buildings. Moving the buildings towards Riverside Avenue and placing the necessary public parking to the rear would create several major and undesirable situations. Security of the facility would be greatly compromised Safe, secure storage for large vehicles or large quantities of items is the target market for this development To place the public parking at the rear of the buildings would require that either the security gate controlling access to the storage "areas be eliminated or that public access to, the parking areas be eliminated. To eliminate public access to parking destroys the entire concept we have been attempting to create. The buildings are designed to allow public access to the front portion of the buildings along Riverside Avenue. The tenants of these spaces are anticipated to be builders or other members of the construction trades that need to have Future improvements would actually create a double row of deciduous street trees. The first row on the property would be installed as the property is developed. When Riverside Avenue is improved to arterial standards an additional row of street trees would be installed in the 8' parkway strip. This arrangement may not be possible at other properties in the Riverside corridor because of existing development. • In June of this year the Planning and Zoning Board approved a similar modification request for a property in the 1400 block of Riverside Avenue, less than % mile west of this property. This previously approved modification at 1400 Riverside will result in a developed property with less landscaping than is proposed with this development. Future improvements of Riverside Avenue to arterial standards will result in a landscape width at 1400 Riverside between 1' and 9' at the vehicle parking area. By comparison this development will maintain the 12' landscape yard between the vehicle parking area and sidewalk. Included in this 12' landscape yard is a 30" high berm with shrubs and trees which are not possible in the 1' landscape yard at 1400 Riverside. Approval of this modification request for 1640 Riverside Avenue will allow the development of an up scale storage facility that has the appearance of a commercial establishment. As proposed this development would enhance the image of the area through increased landscaping materials and appearance not of an industrial storage facility but as a commercial development. Lengthy research has indicated a strong need for the type of facility planned. By locating the facility at 1640 Riverside Avenue we are attempting to utilize an un-developed parcel of land centrally located in Fort Collins, rather than a parcel of land in Larimer County that would contribute to sprawl. As design and business professionals we feel that the proposed development with the requested modification is much better than a development that conforms to the development standards. Enclosed for your review are copies of the proposed development. Information includes a Site Plan with 17.5' dedicated for future improvements to Riverside Avenue, Landscape Plan with proposed plantings and quantities, Landscape Plan depicting future improvements to Riverside Avenue, a Site Plan of the property conforming to current design standards, Streetscape Elevation from Riverside Avenue viewing towards the site, Elevations of the buildings with proposed materials, Site Section showing proposed development with modification Site Section depicting future improvements to Riverside Avenue and an aerial photograph of current conditions with this proposed development to show surrounding context.. If you should have any questions regarding this information please do not hesitate to call me. Sincerely, 1/111 Robert Gustafson cc: Mr. Bill Strickfaden c:l-yobbce2506mod2.wpd With the dedication of 17.5' of right of way and the 12' landscape strip to be provided, the total landscape setback along 52% of the property will be 29.5'. 34% of the property will have a 76.5' landscape yard along Riverside Avenue. This landscape area provided greatly exceeds the amount of landscape area provided by either property surrounding this parcel or any other developments along Riverside Avenue. Most properties in the immediate vicinity have little or no landscaping provided between the parking areas and the street with most parking occurring immediately adjacent to the attached sidewalk. Development of this property as proposed would greatly enhance the appearance of the area while allowing one of the few remaining in fill properties along Riverside Avenue to develop. Strict compliance to the development standards would greatly compromise the intent of the project and create numerous problems for development of the property. If developed without a modification the appearance of the storage buildings and professional storage structures would be greatly compromised. Because overhead doors would be required to be installed at the front of the buildings, and not the rear, the professional storage units would lose the desired commercial storefront appearance. Visibility of the rear storage units would become greater thereby increasing the industrial appearance of the entire facility. Large vehicle access would become very difficult because of the limited turning area in which to maneuver trucks. For a large truck to enter a front storage space would require encroachment into the vehicle parking spaces. In addition there is a greater conflict between trucks and cars in the compliant layout due to the fact that the vehicle parking area is on either side of the main drive lane into the facility. The modified plan has the car parking separated from the main drive eisle. In our professional design opinion we feel that the development with the modification to the landscape setback is better for the following reasons: • The budding appearance from Riverside Avenue has more of a commercial flair than industrial image. Use of natural looking materials and storefront glazing systems reduces the image of an industrial warehouse, thereby creating an enhanced image of this area of the Riverside corridor. • Buildings will be setback farther from Riverside Avenue providing more of a parklike streetscape. The modified plan would have buildings setback more than 59' from the right of way whereas the plan conforming to the development standards would have buildings 30' from the right of way. • As proposed this development would have a much greater building and landscape setback than properties on either side and other properties in the Riverside corridor. Most properties in this area have been developed with parking very close or adjacent to the existing attached sidewalk. • Internal traffic circulation has a much clearer definition. Trucks and recreational vehicles can easily access the rear entrances to the buildings without interfering with the car parking. • Buildings closest to Riverside Avenue provide a much more significant screen of the rear storage buildings, thereby reducing the industrial storage image. • Additional landscaping is proposed along Riverside Avenue. An earthen berm with evergreen and deciduous shrubs is utilized to screen the parking area from the street. Street trees will be provided in the berm area as part of the landscape treatment. WIC:KHAM -\ GUSTAFSON LAWRENCE A. WICKHAM ROBERT J. GUSTAFSON DONALD G. SHIELDS COREY STINAR A- R C H I T E C T S 1449 RIVERSIDE AVENUE (970) 493-2025 FORT COLLINS, COLORADO 80524 FAX (970) 493-2026 September 2, 1999 SEP 0 2 1999 ;v Steve Oh City of Ft. Collins Current Planning Office P.O. Box 580 Ft. Collins, CO 80522-0580 RE: Maxi -Stuff Storage 1640 Riverside Avenue Dear Mr. Olt, In response to your comments dated 06-18-99 for a modification request for the above referenced property following please find rebuttal as to why we feel that a modification is justified and that granting a modification to the development standards would create a better development and still maintain protection of the public welfare. As planned the development would provide large, easily accessible storage areas for recreational vehicles, boats, campers, vintage automobile collectors, etc. In addition to these uses the development plans to provide office and warehouse space for professional trades such as plumbers, carpenters, concrete workers, etc. The buildings closest to Riverside Avenue would be designed with a commercial appearance rather than an industrial appearance to act as a buffer to the storage buildings located in the rear. These front buildings would be two stories in height and have natural appearing materials such as block and stucco and storefront type glazing for windows and doors. The entrance to the warehouse portion of these buildings would be from the rear and not visible from Riverside Avenue. Our reasoning for this arrangement is to provide an upscale, architecturally pleasing front to the building that is visible to and accessible by the public while providing good access for large trucks and trailers to the rear of the building. To accomplish our goals of having a street appearance that is more commercial than industrial, provide public access, including parking, and to screen the industrial activities from the street as much as practical a reduction in the landscape setback along Riverside Avenue is needed. This reduction from 30 feet to 12 feet as proposed would occur on approximately 52% of the Riverside Avenue frontage. The remaining area along Riverside Avenue would comply with the 30 foot landscape setback (34%) or be comprised of the entry drive (14%). The developer has agreed to dedicate a 17.5' strip along Riverside Avenue to obtain the desired 100' right of way for future improvements to the Riverside Corridor. 1 V M �\ GUSTAFSON' R C H I T E C LAWRENCE A. WICKHAM ROBERT J. GUSTAFSON DONALD G. SHIELDS COREY STINAR 1449 RIVERSIDE AVENUE (970) 493-2025 FORT COLLINS, COLORADO 80524 FAX (970) 493-2026 June 2, 1999 Steve Olt City of Ft. Collins Current Planning Office P.O. Box 580 Ft. Collins, CO 80522-0580 RE: Maxi -Stuff Storage 1640 Riverside Dear Mr. Olt, -he developer of the above referenced property is hereby requesting a waiver to the Land Use Code (LUC) from .ne Fort Collins Plannine and Zoning Board. The property in question is situated in an established (I)- Industrial Zone and consists of 2.27 acres. The intent of.the developer is to construct a number of large storage units for storage of recreational vehicles and for use by trade professionals such as carpenters, plumbers, electricians, etc. as a location in which to house their equipment. Exterior storage at this location will be prohibited. This request is to modify Division 4.23(E)(2)(a)(2) to allow a 12' landscape setback along Riverside Avenue in lieu of the 30' setback prescribed in the LUC_ This landscape reduction to 12' is warranted for the following reasons as specified in Division 2.8 concerning modifications to the LUC. Does the modification advance or protect the public interests and purposes equally well or better? • The development of this property is proposed to have a greater amount of landscape materials within the 12' setback than is required by the LUC in the.30' setback (division 3.2.1). This increase in landscape material will greatly enhance the character of the surrounding area. As proposed the facade of the buildings facing Riverside Avenue will utilize natural looking materials such as split face block and stucco. These materials are not normally required to be used in an industrial zone district and will add additionalcharacter to an existing industrial neighborhood. VICINITY MAP 10/20/99 #9-99 Maxi -Storage- 1640 Riverside F Modification Request 1"=600' Modification — Maxi -Stuff Storage, 1640 Riverside Avenue — Filing #9-99 November 18, 1999 P & Z Meeting Page 11 5. FINDINGS OF FACT/CONCLUSION: A. The requested Modification of Standards in Section 4.23(E)(2)(b) and Section 4.23(E)(3)(a)2 of the Land Use Code for the Maxi -Stuff Storage, 1640 Riverside Avenue is subject to review by the Planning and Zoning Board. B. Granting the requested modification would not be detrimental to the public good nor would it impair the intent and purposes of the Land Use Code. C. The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested. - The proposed landscaped parking area in front of the buildings will increase the amount of vegetation adjacent to Riverside Avenue to an amount equal to a project developed according to the standards set forth in the LUC. - The proposed landscape improvements are similar to or greater than those in the surrounding area that were reviewed under prior land use regulations, either as a use -by -right or the Land Development Guidance System. - The proposed design of the Maxi -Stuff Storage facility is more similar to a commercial design and use than a true industrial use. The alternative plan as submitted provides for a good separation of uses on -site, with access and parking for the storefront offices being detached from the self -storage units while still being set back a significant distance from the existing Riverside Avenue. There is a significant amount of landscaping and separation from the existing street, as well as a defined pedestrian connection from the public sidewalk to the commercial storefronts. D. The strict application of the standard sought to be modified would not result in unusual and exceptional practical difficulties or exceptional or undue hardship upon the owner of the property. - The plan as submitted that requires a modification of a standard could comply if the facility layout would be moved back on the site, further from the street edge of Riverside Avenue, with the potential for a loss of 4 of the proposed 45 storage units. 6. RECOMMENDATION: A. Staff recommends approval of the Modification of Standards in Section 4.23(E)(2)(b) and Section 4.23(E)(3)(a)2 of the Land Use Code for Maxi -Stuff Storage, 1640 Riverside Avenue - #9-99. Modification — Maxi -Stuff Storage, 1640 Riverside Avenue — Filing #9-99 November 18, 1999 P & Z Meeting Page 10 - The proposed landscape improvements are similar to or greater than those in the surrounding area that were reviewed under prior land use regulations, either as a use -by -right or the Land Development Guidance System. The Fort Collins Housing Authority and the Coloradoan Newspaper were approved and developed with 10' wide landscaped strips separating areas from the sidewalks adjacent to Riverside Avenue. Several properties on the opposite side of Riverside Avenue have been developed with approximately 10' wide landscaped strips behind the sidewalk. This plan will maintain 29'-6" landscaped yard between the proposed 12 parking spaces in front of the storefront offices and the existing Riverside Avenue ROW, as well as an additional 10' of turf grass area to the back of sidewalk. The setback from back of sidewalk along the street and the edge of the parking spaces will be 39'-6" until any improvements are made to Riverside Avenue. The proposed design of the street frontage for the Maxi -Stuff Storage facility is more similar to a commercial design and use than a true industrial use. Placing the parking to the rear of the buildings or along the driveway into the facility, to meet the requirement, would create a conflict between the parking for the storefront offices and the overhead door access into the storage units. There would be potential conflict between vehicles using the office spaces and storaae units and vehicles entering the facility via the one driveway entrance if the buildings are turned sideways to Riverside Avenue. The alternative plan as submitted provides for a good separation of uses on -site, with access and parking for the storefront offices being detached from the self -storage units while still being set back a significant distance from the existing Riverside Avenue. There is a significant amount of landscaping and separation from the existing street, as well as a defined pedestrian connection from the public sidewalk to the commercial storefronts. The strict application of the standard sought to be modified would not result in unusual and exceptional practical difficulties or exceptional or undue hardship upon the owner of the property. - The applicant has provided two options to a Site Plan for the self -storage facility. One is in compliance with the setback requirement in the LUC. The other could comply if the facility layout would be moved back on the site, further from the street edge of Riverside Avenue, with the potential for a loss of 4 of the proposed 45 storage units. This would constitute a 9% loss in the number of storage units on -site. m Modification — Maxi -Stuff Storage, November 18, 1999 P & Z Meeting Page 9 1640 .Riverside Avenue — Filing #9-99 proposed design of the street frontage for the Maxi -Stuff Storage is more similar to a commercial design and use than a true industrial use. The amount of landscaping and separation from the existing street, with a well defined pedestrian connection from the public sidewalk to the commercial storefronts, provides for a plan that is equal to or better than a plan that meets Section 4.23(E)(3)(a)2 of the LUC. The applicant's comparison to the recent approval of the modification of the standard in Section 4.23(E)(3)(a)2 for the property at 1450 Riverside Avenue (Riverside Center) is considered by staff to be somewhat inconsequential because the circumstances are different. That property is 628' wide (parallel to and along Riverside Avenue) and 224' deep (from the right-of-way to the rear of the property). It was determined that, in that case, the plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested because of the intensive landscaping and berming that is being provided. The proposed Maxi -Stuff Storage development plan is similar to the Riverside Center plan in that it has uses to the front of the site that are commercial, not industrial, in nature and require less security from the street. The parking needs to be readily accessible to the storefront offices. This site will provide as much or more landscaping, along with the berming, than does the Riverside Center plan and it will maintain a much larger setback from the street than that center. Staff has also determined that: Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the Land Use Code. The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested. The proposed landscaped parking area in front of the buildings will increase the amount of vegetation adjacent to Riverside Avenue to an amount equal to a project developed according to the standards set forth in the LUC. This is accomplished by the applicant's proposed screening for the Riverside Avenue frontage that consists of a combination of 30" high earthen berms and vegetation plantings. The proposed screening is over the 30" minimum height and extends well over the minimum of 70% of the street frontage along the parking lot, as required in Section 3.2.1(E)(4)(b) of the LUC. Modification — Maxi -Stuff Storage. 1640 Riverside Avenue — Filing #9-99 November 18, 1999 P & Z Meeting Page 8 d. the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties or exceptional or undue hardship upon the owner of the property. Section 4.23(E)(2)(b) of the LUC requires that that along Riverside Avenue, being an arterial street that directly connects.to other zoning districts, the buildings shall be sited so that a building face abuts upon the required minimum landscaped yard for at least 30% of the building frontage. The applicant has stated that placing the parking to the rear of the buildings or along the driveway into the facility, to meet the requirement, would create a conflict between the parking for the storefront offices and the overhead door access into the storage units. There would be potential conflict between vehicles using the office spaces and storage units and vehicles entering the facility via the one driveway entrance if the buildings are turned sideways to Riverside Avenue. Staff has determined that the alternative plan as submitted provides for a good separation of uses on -site, with access and parking for the storefront offices being detached from the self -storage units while still being set back a significant distance from the existing Riverside Avenue. The proposed design of the street frontage for the Maxi -Stuff Storage is more similar to a commercial design and use than a true industrial use. The amount of landscaping and separation from the existing street, with a well defined pedestrian connection from the public sidewalk to the commercial storefronts, provides for a plan that is equal to or better than a plan that meets Section 4.23(E)(2)(b) of the LUC. Section 4.23(E)(3)(a)2 of the LUC requires that a 30' deep landscaped yard be provided along all arterial streets, and along any district boundary line that does not adjoin a residential land use. If a district boundary line abuts upon or is within a street right-of-way, then the required landscaped yard shall commence at the street right-of-way line on the district side of the street, rather that at the district boundary line. The boundary line between the 1 - Industrial Zoning District (on the east side of Riverside Avenue in this area) and the E —Employment Zoning District (on the west side of Riverside Avenue in this area) appears to be in the street right-of-way for Riverside Avenue. Therefore, the required 30' deep landscaped yard on the property at 1640 Riverside Avenue must commence at the right-of-way line on the east side of the street. This is a Site Design/Screening requirement in the Development Standards section of the I — Industrial Zoning District. The subject property at 1640 Riverside Avenue is 396 feet deep from the "new" right-of- way line to the rear of the property. It varies in width from 216' (at the front) to 256' (at the rear). Staff has determined that the size and configuration of the property does not necessarily preclude the ability to develop the property as proposed and provide the 30' deep landscaped yard (not to include parking areas and buildings) outside of the ultimate street right-of-way and within the property boundaries, as required in Section 4.23(E)(3)(a)2 of the LUC. The entire layout of the facility could be moved further back on the site, with the potential for a loss of approximately 4 storage units. However, the Modification — Maxi -Stuff Storage. 1640 Riverside Avenue — Filing #9-99 November 18, 1999 P & Z Meeting Page 7 • As proposed, this development would have greater building and landscape setbacks than properties on either side and other properties in the Riverside corridor. • Internal traffic circulation has a much clearer definition. • Buildings closest to Riverside Avenue provide a much more significant screen of the rear storage buildings, thereby reducing the industrial storage image. • Additional landscaping is proposed along Riverside Avenue. • In June, 1999 the Planning and Zoning Board approved a similar modification request for the property in the 1400 block of Riverside Avenue. This previously approved modification will result in a developed property with less landscaping that is proposed with this development. Future improvements to Riverside Avenue will result in a landscape width between 1' and 9' at the vehicle parking area. Approval of this request for a modification of two standards for 1640 Riverside Avenue will allow for the development of an upscale storage facility that has the appearance of a commercial establishment. As proposed, this development would enhance the image of the area through increased landscaping materials and appearance not of an industrial facility but as a commercial development. As design and business professionals we feel that the proposed development, with the requested modification, is much better than a development that conforms to the development standards. 4. ANALYSIS OF MODIFICATION REQUEST In reviewing the proposed alternative plan for purposes of determining whether it accomplishes the purposes of this section as required, the Planning and Zoning Board shall take into account whether the proposed plan demonstrates innovative design and best meets the intent of the Land Use Code. Section 2.8.2(H) of the LUC specifies that the Planning and Zoning Board shall only grant a modification for the following reasons: a. granting a modification of standard would neither be detrimental to the public good nor impair the intent and purposes of the Land Use Code; and b. the modification would result in the project addressing the purposes of the standard equally well or better than a plan that complies with the standard; or c. the modification would result in a substantial benefit to the city; or Modification — Maxi -Stuff Storage, 1640 Riverside Avenue — Filing #9-99 November 18, 1999 P & Z Meeting Page 6 The applicant specifically requests the Planning and Zoning Board allow a project that has been planned to provide large, easily accessible storage areas for recreational vehicles, boats, campers, vintage automobile collectors, etc. The development plan would also provide office and warehouse space for professional trades such as plumbers, carpenters, concrete workers, etc. The buildings closest to Riverside Avenue would be designed with a commercial appearance rather than an industrial appearance to act as a buffer to storage buildings located in the rear. The reasoning for this arrangement is to provide an upscale, architecturally pleasing front to the building that is visible to and accessible by the public while providing good access for large trucks and trailers to the rear of the building. To accomplish the goal of having a street appearance that is more commercial than industrial, to provide public access that includes parking, and to screen the industrial activities from the street, a reduction in the landscape setback along Riverside Avenue is needed. The reduction from 30' to 12', as proposed, would occur on approximately 52% of the Riverside Avenue frontage. The remaining area along Riverside Avenue would comply with the 30' landscape setback. The developer has agreed to dedicate a 17.5' strip along Riverside Avenue to obtain the desired 100' right-of-way (required by the City) for future improvements to the Riverside corridor. Strict compliance to the development standards would greatly compromise the intent of the project and create numerous problems for the development of the property. If developed without a modification, the appearance of the storage buildings and professional storage structures would be greatly compromised. Because overhead doors would be required to be installed at the front of the buildings, and not the rear, the professional storage units would lose the desired commercial storefront appearance. Visibility of the rear storage units would become greater thereby increasing the industrial appearance of the entire facility. Large vehicle access would become very difficult because of the limited turning area in which to maneuver trucks. For a large truck to enter a front storage space would require encroachment into the vehicle parking spaces. In addition, there is greater conflict between trucks and cars in the compliant layout due to the fact that the vehicle parking area is on either side of the main drive entry into the facility. The modified plan has the car parking separated from the main drive aisle. In our professional design opinion we feel that the development with the modification to the landscape setback is better for the following reasons: The building appearance from Riverside Avenue has more of a commercial flair than industrial image. • Buildings will be set back farther from Riverside Avenue, providing more of a park- like streetscape. The modified plan would have buildings set back more than 59' from the right-of-way, whereas the plan conforming to the development standards would have buildings 30' from the right-of-way. Modification — Maxi -Stuff Storage, November 18, 1999 P & Z Meeting Page 5 1640 Riverside Avenue — Filing #9-99 As currently designed there is 15% of building frontage abutting the front landscape yard. This 15% area is approximately 76.5' from the existing Riverside Avenue ROW, which is far greater than the 30' depth normally required. - This request is to modify Section 4.23(E)(3)(a)(2) to allow a 12' wide landscape setback along Riverside Avenue in lieu of the 30' setback as prescribed in the LUC. This landscape setback reduction to 12' is warranted for the following reasons as specified in Division 2.8 concerning modifications to the LUC: 1. Does the modification advance or protect the public interests and purposes equally well or better? * The development of this property is proposed to have a greater amount of landscape materials within the 12' setback than is required by the LUC in the 30' setback (Section 3.2.1). This increase in landscape material will greatly enhance the character of the surrounding area. * As proposed, the facades of the buildings facing Riverside Avenue will utilize natural looking materials such as split -face block and stucco. These materials are not normally required to be used in an industrial zone district and will add character to an existing industrial neighborhood. * An earthen berm will be constructed within the 12' landscape area to provide additional screening along Riverside Avenue. Plantings atop the berm will enhance the visual effect and character of the development. * Division 3.7 of the LUC recommends that lots in infill situations should be developed first to help prevent urban sprawl. Development of this infill property addresses the concerns in the LUC and will allow one of the few remaining vacant parcels along Riverside Avenue to be developed in a positive manner that increases the character of the existing neighborhood. 2. Are there exceptional physical conditions or extraordinary and exceptional conditions unique to this property? * Most properties along Riverside Avenue have been developed during the past 20 to 30 years and do not conform to any common design characteristic. None of the properties conforms to the 30' landscape setback requirement for this zone district. In fact, most of the properties have parking immediately adjacent to the attached sidewalk with little or no landscaping on the property. Requiring this property to be developed with the 30' landscape setback along Riverside Avenue will create a development that is out of context with the neighborhood and place this property at a disadvantage in a developable area. Modification — Maxi -Stuff Storage, 1640 Riverside Avenue — Filing #9-99 November 18, 1999 P & Z Meeting Page 3 2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS This request is for modification to the following sections of the LUC: Section 4.23(E) Development Standards, Subsection 4.23(E)(2)(b) Building Design - Orientation states: "Along arterial streets and any other streets that directly connect to other districts, buildings shall be sited so that a building face abuts upon the required minimum landscaped yard for at least 30% of the building frontage. Such a building face shall not consist of a blank wall." Section 4.23(E) Development Standards, Subsection 4.23(E)(3)(a)2 Site Design - Screening states: "A minimum 30' deep landscaped yard shall be provided along all arterial streets, and along any district boundary line that does not adjoin a residential land use. If a district boundary abuts upon or is within a street right-of-way, then the required landscaped yard shall commence at the street right-of-way line on the district side of the street, rather than at the district boundary line." As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Planning and Zoning Board shall review, consider, and approve, approve with conditions or deny an application for a modification based upon: °... the granting of the modification would neither be detrimental to the public good nor impair the intent and purposes of this Land Use Code; and that: (1) the plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested: or (2) the granting of a modification from the strict application of any standard would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan, adopted policy, ordinance or resolution (such as, by way of example only, affordable housing or historic preservation) or would substantially alleviate an existing, defined and described problem of city-wide concern (such as, by way of example only, traffic congestion or urban blight), and the strict application of such a standard would render the project practically infeasible; or Modification — Maxi -Stuff Storage, 1640 Riverside Avenue — Filing #9-99 November 18, 1999 P & Z Meeting Page 2 submitted, without the required 30' deep landscaped yard, would not comply with the requirement set forth in this section. The applicant is requesting approval of a Modification of two Standards (by the Planning and Zoning Board) and is required to demonstrate compliance with the Modification of Standards criteria. The applicant submitted a Preliminary (Alternative) Site Plan for the Maxi -Stuff Storage Facility at 1640 Riverside Avenue that shows a 12' wide landscaped yard between the ROW and parking for the proposed storage units and office spaces. The applicant has submitted an application for a modification of two standards as set forth in Section 4.23(E)(2)(b) and Section 4.23(E)(3)(a)2 of the LUC. For illustrative purposes, the applicant submitted: • a Preliminary Site Plan not meeting the building and landscaped setback standards • a Landscape Plan not meeting the building and landscaped setback standards • 2 Preliminary Site Plans meeting the building and landscaped setback standards • a Streetscape Plan • an Exterior Building Elevations Plan • a Preliminary Riverside Avenue Streetscape Cross -Sections Plan. This modification of the standards requests that the Planning and Zoning Board determine if the modification request meets the intent of the. LUC. COMMENTS 1. BACKGROUND The surrounding zoning and land uses from the proposed project development plan are as follows: N: I; Existing commercial and industrial (various businesses) W: E; Existing industrial (TELEDYNE Water Pik) S: I; Existing industrial (RAM Electronics) E: I; Existing office and industrial (Upland Prospect Business Park) The property was annexed into the City as part of the East Prospect Street First Annexation on September 6, 1973. I ITEM NO. 6 MEETING DATE 11/18/99 STAFF Steve Olt ICity of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Modification of Standards in Section 4.23(E)(2)(b) and Section 4.23(E)(3)(a)2 of the Land Use Code for the Maxi -Stuff Storage, 1640 Riverside Avenue - #9-99 APPLICANT: Wickham Gustafson Architects c/o Robert Gustafson 1449 Riverside Avenue Fort Collins, CO 80524 OWNER: Riverside/Prospect LLC 301 East Lincoln Avenue Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request for two modifications of Section 4.23(E) Development Standards in the I — Industrial Zoning District of the Land Use Code (LUC), more specifically Subsection 4.23(E)(2)(b) Building Design — Orientation and Subsection 4.23(E)(3)(a)2 Site Design - Screening. The property is located at 1640 Riverside Avenue and is on the east side of Riverside Avenue just north of East Prospect Road. The property is in the I — Industrial Zoning District. RECOMMENDATION: Staff recommends approval of the modification request. EXECUTIVE SUMMARY: This request is for two modifications of Section 4.23(E) Development Standards, Subsection 4.23(E)(2)(b) Building Design — Orientation and Subsection 4.23(E)(3)(a)2 Site Design — Screening. Section 4.23(E)(2)(b) of the LUC requires that along Riverside Avenue, being an arterial street that directly connect to other zoning districts, the buildings shall be sited so that a building face abuts upon the required minimum landscaped yard for at least 30% of the building frontage. Without a modification of the standard, the Preliminary (Alternative) Site Plan as submitted, without any building face abutting the required landscaped yard, would not comply with the requirement set forth in this section. Section 4.23(E)(3)(a)2 of the LUC requires that a minimum 30' deep landscaped yard be provided on the site, commencing at the street right-of-way (ROW) line for Riverside Avenue. Without a modification of the standard, the Preliminary (Alternative) Site Plan as COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT City Cl a� Citv of Fort Collins NOTICE The City Council of the City of Fort Collins, Colorado, on Tuesday, January 18, 2000 at 6:00 p.m. or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall at 300 LaPorte Avenue, will hold a public hearing on the attached appeal from the decision of the Planning and Zoning Board made on November 18, 1999 regarding Modification of Standards for Maxi -Stuff Storage, 1640 Riverside Avenue (49-99), filed by Tom Smith and Clayton Schwerin, Partners, Riverside/Prospect, LLC. You may have received previous notice on this item in connection with hearings held by the Planning and Zoning Board. If you wish to comment on this matter, you are strongly urged to attend the hearing on this appeal. If you have any questions or require further information please feel free to contact the City Clerk's Office (221-6515) or the Planning Department (221-6750). Section 2-56 of the Code of the City of Fort Collins provides that a member of City Council may identify in writing any additional issues related to the appeal by January 11. Agenda materials provided to the City Council, including City staffs response to the Notice of Appeal, and any additional issues identified by City Councilmembers, will be available to the public on Thursday, January 20. after 10:00 a.m. in the City Clerk's Office. The City of Fort Collins will make reasonable accommodations for access to City services, programs. and activities and will make special communication arrangements for persons with disabilities. Please call the City Clerk's Office (221-6515) for assistance. Wanda M. Krajicek City Clerk Date Notice Mailed: December 28, 1999 cc: City Attorney Planning Department Planning and Zoning Board Chair Appellant/Applicant 300 LaPorte Avenue • PO. Box 380 • Fort Co;ii:r, CO 80522-0580 • (970) 221-6515 • F.-kX (970) 221-6295 6 91TE DATA, ypy.YA Y.WV �tlal �44 ^ IMOCM! M6. ,MO V. I.ILi t 4 ' M V LOT I °' Y Iw. NIOT f@lAi Q [ yy 9 7n ! � 9IlItQf!!�i 6I YYglM� ea� CCC �tl� il: f ill: r �t O SIB 'P[-A f4 lwi2 M cc> I Cj .T I Ot-I-S _ a 6 .lu.cv...er. I u�. _ SITE DATA. ,m w am u. na,as ----- ----- -_ wcrww .w�v.�w LQIJ .�n rr+aar WVtMm Aw N W W H'r Z- We , r t & u_ ')ecember 10, 1999 City of Fort Collins City Clerk P.O. Box 580 Ft. Collins, CO 80522-0580 As Partners in the entity of Riverside/Prospect, LLC, owners of the property at 1640 Riverside Avenue, we desire to appeal to the Fort Collins City Council the decision on item number 6 of the November 18, 1999 Fort Collins Planning and Zoning Board meeting. This item dealt specifically with a proposed modification to Section 4.23(E)(2)(b) and Section 4.23(E)(3)(a)2 of the Land Use Code (LUC) for Maxi -Stuff Storage, 1640 Riverside Avenue. Our grounds for appeal is that the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the code and charter at the Public Hearing November 18, 1999. As specified in Section 2.8.2 the Planning and Zoning Board shall review and make a decision on a modification request based upon the following criteria: "...the granting of the modification would neither be detrimental to the public good nor impair the intent and purpose of this Land Use Code; and that: • The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a•plan which complies with the standards for which a modification is requested. As presented at the public hearing the plan proposed which requires a modification meets the intent of the LUC and actually advances the public interests more than a plan which conforms to the LUC. As specified in the LUC the property could be developed with buildings abutting the 30' Landscape Setback with much more of an industrial and storage unit appearance. Our intention with the office/warehouse concept is to provide a commercial appearing facility which acts as a buffer to the more industrial appearing storage units. This arrangement creates an upscale image that can be used to define a commercial appearance of the Riverside corridor rather than an industrial appearance. Attached is a copy of the desired plan requiring modifications and a plan that conforms to the LUC. The plan which conforms to the LUC was the idea presented to the Planning and Zoning Board on November 18. This plan creates a development with a much greater industrial, storage building image thereby perpetuating the industrial appearance of Riverside Avenue. With the desire of creating a visually pleasing environment and allowing an infill propeM, to develop we hereby request the Fort Collins City Council to hear our appeal of the November 18 Planning and Zoning Board decision regarding Maxi -Stuff Storage, 1640 Riverside .Avenue. Sincerely, �o s Tom Smith Partner, Riverside/Prospect, LLC Clayton Schwerin Partner, Riverside/Prospect, LLC AGENDA ITEM SUMMARY III �M NUMBER: 27 DATE: Januan_- 18, 2000 FORT -COLLINS CITY COUNCIL STAFF: Stephen Olt SUBJECT: Consideration of the Appeal of the November 18, 1999, Determination of the Planning and Zoning Board to Deny the Modification of Standards in Section 4.23(E)(2)(b) and Section 4.23(E)(3)(a)2 of the Land Use Code for the Maxi -Stuff Storage, 1640 Riverside Avenue. RECOMMENDATION: Council should consider the appeal based upon the record and relevant provisio e Code and Charter, and after consideration, either: (1) remand the r o the Planning and Zonirrg� Board or (2) uphold, overturn, or modify the Board's de ci 'on. �ter'tiv�,u��Qro���� �rrQ• EXECUTIVE SUMMARY: On November 18. 1999. the Planning and Zoning Board denied the request for Modification of Standards in Section 4.23(E)(2)(b) and Section 4.23(E)(3)(a)2 of the Land Use Code for the Maxi -Stuff Storage, 1640 Riverside Avenue. Section 4.23(E)(2)(b) requires that along Riverside Avenue, being an arterial street that directly connects to other zoning districts, the buildings shall be sited so that a building face abuts upon the required minimum landscaped yard for at least 30% of the building frontage. Section 4?3(E)(3)(a)2 requires that a minimum 30' deep landscape yard be provided on the site, commencing at the street right-of-way line for Riverside Avenue. The property is zoned I — Industrial (as of the effective date of March 28, 1997 for the new Land Use Code). The property is located at 1640 Riverside Avenue and is on the east side of Riverside Avenue just north of East Prospect Road. On December 14, 1999, a Notice of Appeal was received by the City Clerk's office regarding the decision of the Planning and Zoning Board. In the Notice of Appeal from the Appellants Tom Smith and Clavton Schwerin, it is alleged that: The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter at the Public Hearing on November 18, 1999. Attachments: 1. Notice of Appeal 2. Staff Report (with recommendation, attached plans, and supporting documentation) to the Planning and Zoning Board for the November 18, 1999 public hearing 3. Staff response 4. Minutes of the Planning and Zoning Board meeting of November 18, 1999