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HomeMy WebLinkAboutDRAKE CROSSING, WALGREENS - MAJOR AMENDMENT/FINAL PLAN ..... APRIL 4, 2002 P & Z BOARD HEARING - 35-96A - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes April 4, 2002 Page 5 Chairman Gavaldon stated that his understanding is that the lane would be "nice" to have. Mr. Kreger stated that the important aspect is that it is not "nice" from Walgreen's standpoint but "nice" from the citizens' standpoint. Member Torgerson moved for approval of the Walgreens at Drake Crossing Shopping Center — Major Amendment. Member Meyer seconded the motion. Member Craig stated that she would support the vote and wanted to thank the team involved for saving the trees. She added appreciation for the time and effort involved. Member Torgerson echoed Member Craig's comments and added that the trees were originally planted as the result of development and we need to be careful not to penalize infill and redevelopment areas. Chairman Gavaldon stated his support but still questioned the drive-thru from a process and law standpoint. He added that he would like to look at the issue for future Land Use Code updates. He thanked the applicant for the hard work on the tree issue. The motion was approved 4-0. Project: Liberty Common School Addition — Site Plan Advisory Review Project Description: Request to construct a 19,000 square foot gymnasium and foyer addition to the existing school building. Located at 1725 Sharp Point Drive, within the Prospect Park East Business Park. Zoning is I — Industrial.. Recommendation: Staff recommends that the Planning and Zoning Board recommend approval of the Liberty Common School Addition to the Poudre School District Board. Planning and Zoning Board Minutes April 4, 2002 Page 4 state statute within the "code of ethics" of pharmacists to request a consultation. The pharmacist is also responsible for consulting with the patient if it is deemed necessary. It happens quite often that the patient consultation is very important. The pharmacist may be the only person with the,complete drug history of a patient. Drug prescriptions have become very complicated and may need to be discussed. The reason for having the second drive-thru is to allow others who may be in a hurry to avoid a longer wait. Even if there is only one drive-thru lane, there is still the need for a pass -by lane next to it. This is needed in order to avoid parking lot problems. Ms. Kreger added that the most recent drug store approvals in Fort Collins have had two drive-thru lanes. Two of them have a pass -by lane in addition to the drive-thrus. The second lane is not a huge volume -generator but it does allow elderly, handicapped, and parents with sick children to get through quickly. Chairman Gavaldon stated that most fast-food restaurants have a channeled drive-thru lane; no pass -by lane. Ms. Kreger replied that drivers would be able to see both lanes and would be able to use the second lane if necessary. Chairman Gavaldon stated that the state law is very weak in terms of specific direction and it leaves room for interpretation. Ms. Kreger replied that the law comes from the "code of ethics" of pharmacists in Colorado that allows them to have a license in the state. It cannot be read as a statute but it does clearly say that pharmacists need to consult with patients if they think they need to do so. The patient also has a right as a consumer in Colorado to request a consultation with a pharmacist. To not provide that service would be considered unethical and would be reason for a pharmacist to lose their state license. It may not be clear legal writing but it is clear for a code of ethics. Chairman Gavaldon stated that the consultations would always be available, no matter how long it takes. Ms. Kreger replied that the facility would have more than one pharmacist at a time so if a patient needs a long consultation in the first lane and someone arrives with an ill child wanting to hurry through yet stay in the car, the second drive-thru would allow that. It does not add any traffic to the site, it is still for prescription medications so the person would have come there anyway. By eliminating it, the parking lot size would not be decreased. There is no gain to be made from losing the second lane. It is a nice public service. Planning and Zoning Board Minutes April 4, 2002 Page 3 The last item related to street oversizing and how street oversizing might be applied in this situation. The program would trigger some additional funding for this development based on the impacts of the double drive -through. Matt Baker, from street oversizing, wrote an e-mail stating that the majority of the use of this drive -though would be at the P.M. hour and generally part of a larger trip. The impact of the double drive-thru is therefore quite minimal. Director of Current Planning Gloss introduced the applicant's team. First, Carl Schmitline with Galloway and Romero Associates, presented the application at the last hearing. Richard Sapkin is the developer. Michael Stahl is the landscape architect. Jason Jones, an arborist in Fort Collins with Arborworks, prepared the mitigation plan on the proposed tree planting. Ron Dwark is a landscape contractor with experience in moving trees. Kathleen Krieger, the traffic engineer, is also present. Director Gloss showed slides of the proposed tree mitigation. There were two trees of concern that were to be removed with the proposed site plan. The new site plan would save one of those trees and would transplant others on -site rather than off -site where their attrition rate might be higher. Staff is comfortable with the changes the applicant has made. Carl Schmitline with Galloway and Romero Associates, gave the applicant's presentation. He discussed the details of the new mitigation and landscape plan. He stated that the application meets or exceeds the Land Use Code and has both staff and neighborhood support. Public Input There was no public input. Member Craig asked if Mr. Buchanan would ensure that the trees would survive given the arborist's study. Mr. Buchanan replied that he was heavily involved with the process. He stated that the applicant has selected a process called "hand -digging" to be used to relocate the trees. He added that he did look at the arborist's report and found it to be complete and thorough and he agreed with the recommendations. The feasibility of moving the trees successfully is good. Chairman Gavaldon asked about the patient counseling issue. Kathleen Kreger, with Bowers and Kreger, replied that the issue is about providing an additional drive-thru lane should one be tied up for a time. Patients have the right by Planning and Zoning Board Minutes April 4, 2002 Page 2 Project: Walgreens at Drake Crossing Shopping Center — Major Amendment Project Description: Request for a 14,000 square foot drugstore at the southwest corner of the Drake Crossing Shopping Center. Two existing retail buildings would be eliminated. The site is at the northwest corner of South Taft Hill Road and West Drake Road and is zoned NC — Neighborhood Commercial. Recommendation: Staff recommends approval of the Walgreens at Drake Crossing Shopping Center — Major Amendment. Hearing Testimony, Written Comments and Other Evidence: Cameron Gloss, Planning Director, gave the staff presentation. He noted three items that were given to Board members: a letter dated April 4, 2002 from the applicant regarding their commitment to monitor transplanted trees as a result of the development application, an amended staff report memorandum from City Planner Steve Olt regarding some questions the Board presented, and a packet prepared by a consulting arborist on behalf of the applicant. Planning Director Gloss stated that Tim Buchanan, City Forester, was present at the meeting and had provided a letter relating to tree transplanting techniques that Mr. Buchanan feels are appropriate to ensure tree survival. The second issue is related to the developer's commitment to monitor over time the success rate of the transplanted trees as well as any mitigation that would be necessary. Another issue is the double drive-thru lanes. The Board asked if there was any authority under the Land Use Code to restrict double drive-thru lanes. It is staffs position that there is no authority under the criteria of this review or any other specific standard in the Code that would give the Board the authority to reduce or eliminate drive-thru lanes. The Board also asked about some State statutory requirements that the applicant's transportation engineer had cited at the March 21, 2002 hearing relating to consultation between a patient and a pharmacist. This information was the applicant's basis for the double drive-thru. Attached to Planner Olt's memo is an excerpt from the Colorado State Board of Pharmacy Rules and Regulations. There is a section specifically regarding patient counseling. Council Liaison: Karen Weitkunat Chairperson: Jerry Gavaldon Vice Chair: Mikal Torgerson Staff Liaison: Cameron Gloss Phone: (H) 484-2034 Phone: (W) 416-7435 Chairperson Gavaldon called the meeting to order at 6:38 p.m. Roll Call: Meyer, Craig, Torgerson and Gavaldon. Members Colton, Carpenter, and Bernth were absent. Staff Present: Gloss, Shepard, Barkeen, Jones, Wamhoff, Hamdan, Alfers, and Williams. Agenda Review: Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the February 1 and August 16 (continued), 2001 Planning and Zoning Board Hearings. 2. #13-02 Reider Duplex, 720 W. Myrtle— Modification of Standard — pulled, Gavaldon Discussion Agenda: 3. #33-01 C Fossil Lake Annexation and Zoning #4 4. #35-96A Walgreens at Drake Crossing Shopping Center — Major Amendment 5. #11-02 Liberty Common School Addition — Site Plan Advisory Review Chairman Gavaldon pulled Item #2, Reider Duplex, 720 W. Myrtle, to discussion asking for the item to be discussed last due to the lack of a quorum. Member Torgerson moved for approval of the Consent agenda, less item #2. Member Craig seconded the motion, noting that the August 16, 2001 minutes are also to be continued. The motion was approved 4-0.