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HomeMy WebLinkAboutDISCOUNT TIRE AT NORTH COLLEGE MARKETPLACE - PDP & APU - PDP120024 - DECISION - MINUTES/NOTESPlanning & Zoning Board December 20, 2012 Page 14 Member Kirkpatrick said she appreciated the applicant's willingness to go above and beyond to respect the intent of what we're hoping to see in the corridor recognizing it's more than what's required in the LUC. Member Campana said he appreciates they have 800 stores and he hopes the applicant does not feel unwelcomed. He said the city has invested through TIF (Tax Increment Financing) and other means and we feel a very strong responsibility to try to see that through. The motion passed 6:0. Other Chair Smith said that tonight is the last night that we have two of our long standing members — some of the best he's had the opportunity to work with. He said Member Schmidt has been on the board for 9 years and Member Stockover has been on the board for 8 years and 8 years on the Zoning Board of Appeals. All is in a volunteer capacity. He appreciates being mentored the past 7 years by them. He said they're very grateful for the service they've provided. Member Carpenter said they will be missed. Member Schmidt said thank you and she appreciates staff. They've been great to work with and it's been a wonderful experience. Deputy Kadrich said she'd like to concur with his comments relative to Members Schmidt and Stockover's work. They will be missed. Member Stockover said thank you The meeting was adjourned at 9:45 p.m. Laurie Kadrich, CDNS Director Andy Smith, Chair Planning & Zoning Board December 20, 2012 Page 13 Chair Smith said the west elevation blank wall with the faux windows does not achieve the pedestrian scale and interest that we'd like to see. They'd like to see an enhanced treatment of that wall to create windows or some other creative architectural features. Member Stockover said personally he'd be opposed to see through windows. Member Carpenter agreed. Member Campana said they've met code and anything they do above and beyond the elevation is better than they would have gotten. Member Carpenter said even a couple of benches would be good — something that breaks it up and makes it feel more like not just one big expanse. Member Campana made a motion they approve the Discount Tire at North College Marketplace Lot 7 Project Development Plan #120024 subject to the condition that the west elevation includes a change to a more substantial pedestrian oriented retail detailing with glazing and based on the findings of fact included page 18 of the staff report. Member Stockover seconded the motion. Chair Smith proposed a friendly amendment that as a condition of approval that the applicant would present to staff a modified west elevation plan that is much more interesting and pedestrian friendly than what's been presented. It will feature enhanced architectural design above and beyond brick on brick. Deputy City Attorney Daggett said what that amendment does is put it on staff to decide if that condition has been met when they're reviewing the final plan so to the extent you can make it as concrete as possible, it would probably be helpful for staff. Chair Smith said to continue — it would have materials other than brick incorporated. Some suggested split faced block. Member Schmidt said if there's a way to make it look like a series of stores (similar to the North College Marketplace PDP). It would look different than one big wall. Member Kirkpatrick said possibly paint and landscaping. Member Carpenter asked if a higher window would work. Chair Smith asked the applicant if they had any suggestions on how they'd want to accomplish what's been suggested. The applicant said first thing, there are racks and tires on the other side of the wall so you may not want windows that you can see through. He's got a great team of architects. He could make windows that look like windows and not see through. They've done things all over the country including some of the nicest neighborhoods in California. They do things with cornice coping stone. If you want it to look like a window with blacked out panes that looks like glass, they can do it. He said he thinks he has an idea of what they want. He will get the results to staff. Member Carpenter asked staff if they were comfortable with where we're going. Director Kadrich said we have had enough discussion. We will be able to use the information they've heard. She said if she has any questions at all, we can circulate what's been submitted to get a check in from the board. Chair Smith asked if they had any suggestions for the motion. Holland suggested "substantial, pedestrian oriented, retail detailing with glazing". Member Campana agreed with the language and said he didn't think there should be any condition. He appreciates they'll see the changes but if he were in their shoes, he does not think we need a condition the board would have to reevaluate. Deputy City Attorney Daggett suggested that if the maker of the motion does not want a friendly amendment, this could be made as a motion and voted on as an amendment. Member Campana said he'd accept it as an amendment to the motion. Member Stockover (2"d) accepted the amendment. (Note from recorder, the language was incorporated in the motion shown above.) Planning & Zoning Board December 20, 2012 Page 12 Member Carpenter said this is a very prominent piece of North College and this is the place where the kind of redevelopment we'd want would gravitate. She said if we continue to chip away — and this is not a chip, it's a chunk -- what is left for the vision? Chair Smith said there are opportunities between the 'bookends' — this property and the bridge. He thinks we'll say 'no more' once we're successful along that whole corridor. He said he'd like to see a condition that it's for Discount Tire and this use. He'd not like to open it up to further interpretation of other uses. Member Schmidt asked if the board approved the APU, they would still be able to review the PDP. Member Kirkpatrick said she thought it was great they were debating the economic generation and the vision for the corridor. She said we have five findings that need to be met and she does think this project fits within those findings. She thinks it's an appropriate use for the zone district and she thinks it conforms to the basic characteristics. She thinks they've addressed the noise concerns. She thinks it's compatible with the other listed permitted uses and is in compliance with LUC Section 3.5.1. She does think we're approving a new design standard by approving the APU for this project. Member Campana made a motion that we approve the Addition of Permitted Use for Discount Tire North College Marketplace Lot 7 subject to the condition that the use is limited to the sale of tires, wheels, and related products installation and service based on the findings and facts on page 18 of the staff report. Chair Smith asked if it could be condition on the Project Development Plan (PDP) by establishment name. Deputy City Attorney Daggett said it would not be appropriate to limit it by name of establishment. The name Discount Tire could be different 5 years from now but it would be appropriate to limit the nature of the use to tires, wheels, and related products installation and services. Daggett said you might also want to state your finding that the applicable criteria in Section 1.3.4 have been met. Member Stockover seconded the motion. The motion was approved 4:2 with Members Schmidt and Carpenter dissenting. Member Campana said that before he made a motion related to the PDP, he said there may be some interest in adding windows along the west side but not knowing what would be seen; we may not want the windows added. Member Kirkpatrick said we have a lot of examples of pedestrian scale downtown where you have an alley with no windows but there are interesting plantings or art — something that makes you feel you're not against a brick wall for 128 feet. Member Schmidt said she's not really keen on the faux window look because it looks like it's been abandoned and 'boarded up'. She recommended they do something decorative with the brick or have benches. Member Campana said he'd not like to get into a situation where we're redesigning this building. Is there a way we can just add a condition? Chair Smith said he's getting nods from staff and the applicant that they understand where we're going with this. He recommends they leave it to staff discretion. Deputy City Attorney Daggett said if this is going to be a condition of approval, it would be helpful to try and articulate what type of improvement you're looking for. Planning & Zoning Board December 20, 2012 Page 11 Chair Smith said from a Comprehensive (Comp) Plan/Corridor Plan perspective, these uses are not specifically prohibited. The Corridor Plan specifically discourages them in the long term. He thinks as an area is revitalizing they are still in a transition period. To spark the revitalization of North College, there has been some considerable flexibility in the granting of uses at that 'bookend' of North College. Can we continue to provide that flexibility with the granting of an APU? Chair Smith said we try to be data driven but there're still some fuzzy components such as detrimental to the public good. Ultimately is the public served by upholding the Comp Plan? On the other side, we clearly gain a lot of use compatibility by good design and that is a little bit of the hybrid nature of our LUC. We could have a very good looking building — it forms well and fits. He said the building as designed now fits. He's still not sure if he's convinced about use and whether the public good is being upheld in light of what the Corridor Plan says about auto uses. He also wonders when we're past the point of stimulating revitalization and when we should have some courage and say we've done "80%" and now let's start to hold out for those non -automotive uses. He hasn't made up his mind —he just wanted to articulate his thoughts for the board. Member Schmidt said she appreciates the applicants' efforts. She still doesn't think it's up to gateway standards. If it were on some other parcel in the shopping center, she would not have any concerns about it. Member Schmidt said she truly feels for the applicant's situation, she thinks they've tried to do an excellent job of working with a team and putting together something that looks all right. She, however, did not think it was up to gateway standards. If the project were on another parcel, she would not have had as much concern. Her issue is it is on North College. She thinks as we keep adding automotive uses, we are not going to get out of the cycle we have there. Chair Smith said the economics of a proposal is one thing. He'd like to bring the board's conversations back to the narrow purview that we're allowed — LUC (Land Use Code) limitations. The last thing he'd want to do is approve or deny a request that cannot be defended by the LUC. Member Campana said the level of detail the applicant is adding sets new standards. He's going to support the proposal. He thinks they're going to do a good job with the architecture and the use. It will probably drive additional business into the center. We'll get a higher standard of architecture on this project whereas if they went across the street, we wouldn't necessarily be able to get that. He thinks it's a benefit to our community. Member Kirkpatrick asked Member Schmidt if the she thinks the lack of willingness to see additional auto related uses on North College is more of a design issue rather than an actual use issue. Schmidt said she thinks it's a use issue from the standpoint that businesses such as car dealers and furniture stores like to be grouped together. Stockover said the reason there's a proliferation is due to affordability. He thinks when overall property values go up, business owners will build equity and have options for growth and upgrades. Chair Smith said as he's evaluated the proposal against the LUC and the criteria for Addition of a Permitted Use (APU). He asked where we stand in the whole revitalization process. Are we to the point where we no longer need to grant APUs or be flexible? Is it time to hold the line? Smith said auto uses are discouraged by the North College Corridor Plan but he's not convinced we're there yet. He thinks There is a lot of work to be done on North College. He doesn't think we're at a place where we should hold the line. Smith referred to the corridor update and its concern about the proliferation of vehicle related uses. It emphasized that such uses could remain and contribute positively to the corridor. Smith said that based on the criteria of an APU he could support this proposal. Planning & Zoning Board December 20, 2012 Page 10 Member Carpenter said she'd like to commend the applicant for the heroic job. The building was made much better than it could have been. She still thinks they are trying to disguise the use. The first thing we need to do is make sure this does fit into the policy and mission of the North College Corridor Plan. On that very basic level, this fails the test. It doesn't enhance North College. It is not supportive and complementary to Old Town. For those reasons, she's not going to be able to support the APU. Member Stockover said he comes from an automotive background. He discussed the process he used to consider restaurant, automotive servicing, and design. He thinks that if the board makes a condition that this use cannot morph into what he deems as more maintenance and repair, he's good with it. Member Schmidt said her concern if when you have this kind of use here, you will not want to sit at a restaurant near the hustle that takes place at a busy establishment. She thinks if you have more stores with outdoor supplies (like JAX); it would support the gateway image of outdoor activities. There are other spaces on Conifer and Blue Spruce where these uses would fit better into the corridor. Member Campana said he understands why Discount Tire wants to be in this site — it's a well -designed site front and center on College Avenue. He said it's a tough market and developers like it when the phone rings with a fantastic tenant such as Discount Tire. He said he's wrestling with it. He said North College is transitioning. We're spending so much money to enhance it. He hesitates to say it is one pad because it does start to creep after a while. If there was a condition for tires/wheels and a box around the practices there, it's probably not detrimental to the design of North College. Member Kirkpatrick said when she initially reviewed it; it made a lot of sense. She said Member Schmidt does make a persuasive argument and she does think it is not necessarily in line with the vision we have for North College. It's difficult to look at something and say they did a fantastic job. With some exceptions it's beautifully designed but it does not support what we're trying to see along the corridor. She does have concern about the 128 feet of wall space on the west side. She thinks it would be fairly uninviting to a pedestrian despite all their efforts to enhance the corridor. She said she hasn't made a decision either way. Member Stockover asked the Board to consider the high quality in finishing up an unfinished center as opposed to having it in some other location on the corridor. He thinks we're doing the right thing for the general public. Member Schmidt said you're not going to have your smaller shops unless someone does another shopping center. She said this infrastructure has already been paid for here with the URA (Urban Renewal Authority) TIF (Tax Incremental Financing). It would be hard to create a new, like situation. Member Carpenter said she's having trouble seeing the struggle when we have a very clear mission and policy statement for North College. It specifically says we don't want to continue vehicle type businesses. It's so against what the vision and mission is for North College. Granted they are good corporate citizens this is just not the right place for them. Member Campana asked if the issue was more around this particular pad site. Could smaller businesses be located in the area proposed for Discount Tire? Applicant Rich Sommer said they'd bring a lot of people to the center. He said they are open to changing the design on the west side. Member Stockover said there's no neighborhood opposition to this proposal. Planning & Zoning Board December 20, 2012 Page 9 ensure safety. He knows that noise is a problem and that's the reason for this new Colorado study. He said they worked hard to become a part of the community. Staff member Holland said this has been somewhat of a long process. They've really focused on emphasizing the retail components and their impacts. He thinks there has been a lot of collaboration with a lot of debate and discussion to make sure we made this project as good as they could to fit into the center. They've worked to make the architecture and landscaping good for the North College Corridor. Board Questions Member Schmidt asked why the applicant chose this particular lot and not the parcel close to Grape Street and King Soopers. Klein said it was all related to their size/parking requirements. Member Stockover asked staff to clarify what we're being asked to do — is it retail store with vehicle servicing and would that differ from a quick lube. Holland said correct. Stockover said his concerns are if this store went out of business that a minor vehicle repair could go in. Is that correct? Stockover would like to know that we would not morph into something we do not want there. What are the protections? Deputy City Attorney Carrie Daggett said the Land Use Code (LUC) does define retail stores with vehicle servicing as an establishment in which vehicle parts are sold and are ordinarily installed on the premises and where the majority of the area of the floor area of the establishment is devoted to the installation and maintenance of such parts, for example, tire shops and muffler shops. That does leave some room for variation. One suggestion she has if there are concerns about that, it might be something that would be the subject matter of a condition the board may want to impose. Member Schmidt said she appreciates the history materials provided. She said on the north part of Fort Collins for 30 years and she's been involved with urban renewal on North College since it first got started. That's why she can put some perspective on comments in the North College Corridor Plan. They were very committed to businesses that have been there for some time. They believe that vehicle uses will remain a part of the corridor because they didn't want to get rid of the businesses that were there. The concern has always been about adding more to what are there currently. Schmidt said the minutes referenced in the applicant's presentation had to do with there will be no North College Marketplace King Soopers if the gas station and drive through restaurants were not allowed. That is why we went with the permitted use route. She thought the market study was very interesting because it made some economic points like we're losing $43 million in sales each year because we don't have any apparel retail in the north part of town. At the end they noted that several types of businesses (auto related sales and services and open and outdoor storage) should NOT be considered for expansion directly on the North College Corridor. Those uses are allowed in the NC zones. She said both the North College Corridor Plan and the Market Study state we need to create a better image for North College to attract people from the south. Schmidt said in the North College Marketplace presentation they spoke of how this would be a great gateway. The presentation showed small shops on either side — it was very inviting. The board felt by creative design you could put a super market there that did look like a big box. The gateway would change the feel of that shopping center. As much as she gives credit to Discount Tire for working with staff because of the nature of the business; you still have a large front that has no windows and not something she would consider a gateway feature for North College. From her standpoint, the number one thing you have to do to approve an APU is show that it is not detrimental to the public good. She personally feels for the benefit of North College and for everything that people are trying to achieve for that area that this is detrimental to the public good. Planning & Zoning Board December 20, 2012 Page 8 development. He thinks blanket re -zoning would allow a host of uses not intended for the site or the NCM development. He thinks APU when accompanied by a Project Development Plan is site specific and allows for customization and conditioning to maintain appropriate compatibility. It is most restrictive, with the most controls and protections for the city. Unlike the two prior APUs for NCM, this APU request is Lot Specific (Lot 7) assuring compliance with the ODP and project compatibility. Klein requested the addition of a retail store with vehicle servicing on Lot 7 of the North College Marketplace for Discount Tire. He thinks it is consistent use with similar grocery anchored developments and a compatible use for a neighborhood shopping center. He thinks it'll help support continued North College redevelopment. Gabe Krell of Kimley-Horn and Associates represents Discount Tire. He said he's here tonight seeking approval of the APU and the PDP. He provided a history of Discount Tire. He spoke to how their proposal meets the specific requirements of the APU: 1. Such use is appropriate in the Zone District to which it is added; 2. Such use conforms to the basic characteristics of the zone district and the other permitted uses in the Zone District to which it is added; 3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi -public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the Zone District to which it is added; 4. Such use is compatible with the other listed permitted uses in the Zone District to which it is added; 5. Compliance with Fort Collins LUC Section 3.5.1 — Building and Project Compatibility In summary, Krell said they think they are an active participant of the North College Corridor and that they're viable and sustainable in the North College Marketplace. Their customers will provide a benefit to Fort Collins as well as the center itself. He thanked staff for their assistance. Chair Smith asked if Discount Tires safety requirements which require honking prior to pulling in or backing out was factored into the noise analysis. Krell said it was not considered an operational piece of equipment when evaluating noise sources because they have the ability to control that safety operation. Their analysis took into consideration averages. Smith asked at what frequency horns would be honked. Smith said he'd like to think about that a little more because approved use should not create offensive noise. etc. Member Stockover asked if there were any spiked noise levels. Krell said noise modeling results are averages. He spoke of results from the air guns, the ratchet, the wheel buffer, and the occasion burst of air. Stockover asked for the maximum level. Krell said he does not know the maximum but he does know it all testing remained within the allowed 60 decibel level. Stockover asked if the noise modeling was conducted during warm weather when doors may remain up. Krell said testing was done on December 14. Public Input None Chair Smith asked for applicant response. Rich Sommer is an Assistant Vice President for Discount Tire. He said they would not jeopardize safety but they can take beeping horns out of the process — they can use an individual rather than a horn to Planning & Zoning Board December 20, 2012 Page 7 Project: Discount Tire at North College Marketplace Lot 7 Addition of Permitted Use and Project Development Plan, # PDP120024 Project Description: This is a request for a retail store with vehicle servicing on a 1.19 acre site located approximately at the northeast corner of North College Avenue and East Willox Lane. The project is within the North College Marketplace shopping center, with approximately 220 feet of frontage along North College Avenue. The proposed building will be one story, 33 feet in maximum height, and will contain approximately 6,947 square feet. The property is zoned C-C-N, Community Commercial — North College District. Because the proposed use, Retail Store with Vehicle Servicing, is not permitted in the zone district an Addition of Permitted Use is required and is requested in conjunction with the Project Development Plan. Recommendation: Approval with Condition Hearing Testimony, Written Comments and Other Evidence City Planner Jason Holland reviewed the proposal and the mission of the North College Corridor Plan which is to upgrade the image of North College and enhance the corridor — make it more like downtown in a supportive and complementary fashion. He noted after reviewing the Discount Tire at North College Marketplace Lot 7 Project Development Plan, staff makes the following findings of fact and conclusions. 1. The proposed project has been evaluated and been found to be in compliance with all applicable criteria in Section 1.3.4. Addition of Permitted Use (APU); 2. The Project Development Plan complies with applicable General Development Standards contained in Article 3 of the Land Use Code and; 3. The Project Development Plan complies with applicable district standards located in Division 4.19 Community Commercial — North College District (C-C-N) of Article 4 — Districts. Staff recommends approval of the Discount Tire at North College Marketplace, Lot 7 Addition of Permitted Use and Project Development Plan, PDP120024 with the following condition: The applicant shall provide an updated acoustical study by a qualified consultant that demonstrates a maximum level of 60 dB (A) is maintained in conformance with all requirements of the Fort Collins Municipal Code, Chapter 20, Article 2, Noise. If warranted to achieve compliance, a decorative masonry sound wall shall be constructed within the property adjacent to the southern property boundary. The masonry wall shall be in conformance with all applicable Land Use Code General Development Standards. Applicants' Presentation Nathan Klein of Loveland Commercial, LLC (owners of North College Marketplace (NCM)) presented a history of entitlements/zoning, a discussion of use of the Addition of Permitted Use (APU) process, and a Project Development Plan overview. He referenced the July 17, 2008 Planning and Zoning minutes relative to a re -zone of the site. He quoted, 'The Board feels that using the addition of a permitted use option would keep things more in the spirit of the intended zoning and comprehensive plans.' He thinks the APU process is a more appropriate way to review specific uses and proposals in the NCM Chair Andy Smith called the meeting to order at 602 p.m. Roll Call: Campana, Carpenter, Kirkpatrick, Schmidt, Smith, and Stockover Unexcused Absence: Hatfield Staff Present: Kadrich, Daggett, Lorson, Barnes, Holland, and Sanchez -Sprague Agenda Review CDNS Director Laurie Kadrich reviewed the agenda and noted the Board has requested that item 2 Hansen Farm Annexation and Zoning, # ANX12007 be moved to the Discussion Agenda. Citizen participation: None Chair Smith said the consent agenda items consist of items with no known opposition or concern. He asked if the board, staff, or audience wanted to pull any items from the discussion agenda. No one did. Consent Agenda: 1. Minutes from the November 1 and November 15, 2012 Planning and Zoning Board Hearings 3. Land Use Code (LUC) Amendments Related to Medical Marijuana Businesses Member Schmidt made a motion to approve the consent agenda which consists of the minutes from the November 1, 2012 Special Hearing and the November 15, 2012 Hearing, and the Land Use Code Amendments Related to Medical Marijuana Businesses. Member Kirkpatrick seconded the motion. The motion was approved 6:0. Discussion Agenda: 2. Hansen Farm Annexation and Zoning, #ANX120007 4. Discount Tire at North College Marketplace, Lot 7 Addition of Permitted Use and Project Development Plan, #PDP120024