HomeMy WebLinkAboutDRAKE CROSSING, WALGREENS - MAJOR AMENDMENT/FINAL PLAN ..... MARCH 21, 2002 P & Z BOARD HEARING - 35-96A - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes
March 21, 2002
Page 10
Member Colton moved to continue the item, Walgreens at Drake Crossing
Shopping Center, Major Amendment, File #35-96A, to the next Planning and
Zoning Board meeting, April 4, 2002.
Director Gloss stated that the next meeting has already been advertised and the
packet had been printed. The following meeting had been anticipated for
cancellation due to lack of items which would take the item into the first meeting
in May.
Attorney Eckman stated that the item could be continued to the next meeting
because all interested persons are in attendance.
Member Craig seconded the motion.
Vice -Chairperson Torgerson asked the applicant to work on designing the project
to preserve existing trees, to the extent reasonably feasible.
Chairperson Gavaldon and Member Craig agreed. Member Craig stated that she
would champion a modification if the building ends up further than 15 feet away
from the line if trees could be saved.
Member Carpenter stated that the street that had to meet the build -to
requirements could be moved to an interior street and asked if that would help.
Member Craig stated that this building would not have an interior street to build
to.
The motion was approved 7-0.
Project: East Elizabeth Street Rezoning, #2-02
Project Description: Request to rezone two parcels of land located
at 1004 and 1008 East Elizabeth Street from
NCL — Neighborhood Conservation, Low
Density District to NCB — Neighborhood
Conservation, Buffer District. The properties
are located north of Elizabeth Street, just west
of Lemay Avenue. Together they total .77 acre
in size. The properties are currently zoned.
One of the parcels (1004 East Elizabeth) is
Planning and Zoning Board Minutes
March 21, 2002
Page 9
Chairperson Gavaldon stated that he was on the fence with this project because
more could have been done to the building to mitigate the significant trees.
Vice -Chairperson Torgerson asked if the parking was the required amount, or if it
was what they desired.
Planner Olt replied that they certainly could have reduced it. The size of the
building, 13,650 square feet, by Code allows for 4 spaces per 1,000 square feet,
or 54 spaces. They could have 54 spaces and they show 51. They are just under
their maximum allowed.
The motion was denied 3-4 with members Colton, Craig, Torgerson, and
Gavaldon voting in the negative.
Attorney Eckman stated that the Board could move to reconsider or rescind the
vote.
Vice -Chairperson Torgerson stated that he was not particularly opposed to the
project, but in light of the section of the Code cited by Member Craig, it does not
seem like they have designed around significant trees. He suggested continuing
the item and asking the applicant to consider slight re -designs that might save
some of the significant trees.
Richard Sapkin, Edgemark Development, stated that he agreed with Vice -
Chairperson Torgerson and he feels there are things that can be done. He stated
that he would offer moving the monument sign in order to save that tree. He also
offered to relocate all the trees within a reasonable proximity.
Member Colton stated that he would like to see the item continued to work on
saving more trees.
Member Craig agreed.
Member Colton moved to reconsider the item, Walgreens at Drake Crossing
Shopping Center, Major Amendment, File #35-96A.
Member Craig seconded the motion.
The motion was approved 7-0.
Planning and Zoning Board Minutes
March 21, 2002
Page 8
design worked as hard as it should have to minimize the disturbance of
significant existing trees.
Member Colton stated that he wondered about the logic of the double drive -
through lanes.
Member Carpenter stated that she shared the frustration of Members Craig and
Colton but stated that without Mr. Buchanan here and the fact that he did look at
the trees and set the mitigation points, she felt like her hands were tied in terms
of denying the project.
Chairperson Gavaldon suggested continuing the project to have Mr. Buchanan
go back and do some more work and mitigation.
Member Craig stated that she thought Planner Olt explained Mr. Buchanan's
findings very well but the Board has the right to look at the project and decide
whether they feel it is meeting the Land Use Code. She stated that continuing the
project would not help.
Vice -Chairperson Torgerson asked if the building could have been moved back
or if it was placed there because of a setback or build -to requirement.
Planner Olt replied that the south line of the building meets the build -to line. It is
15 feet off the property line, adjacent to Drake Road.
Vice -Chairperson Torgerson asked if it would have been an option, without
seeking a modification, for them to have moved the building farther north, away
from the street. He asked if it was as far forward as it was a as a result of the
build -to line or if that was a function of the size of building they wanted with the
double drive -thorough lanes.
Planner Olt replied that the placement of the south wall meets the build -to line
standard and it could not have been moved north without a modification.
Member Colton asked if 15 feet was a maximum or minimum setback.
Planner Olt replied that it is a maximum setback.
Member Colton stated that sometimes an expert opinion is needed and Mr.
Buchanan should be at the meeting or the item should be continued.
Planning and Zoning Board Minutes
March 21, 2002
Page 7
would not have been eliminated. Vice -Chairperson Torgerson asked if that was
considered or if that was just not a possibility in this economy.
Mr. Stahl replied that even if a new building were going exactly where the old
building is, some of the trees would probably not survive the construction
because of the over -excavation that would be required for the foundations. That
is also why transplanting the trees is not recommended.
Kathleen Kreger, Bowers and Kreger, 899 Logan Street, Denver, the traffic
engineer, stated that the drive -through lanes are purely a convenience for
prescription drugs. They tend to be used by the elderly, handicapped, and
parents of young children. There are two lanes because, by state law, anyone
picking up a prescription drug has the right to a conference with the pharmacist.
Because a person can have up to a 20-minute conference, the double -lane will
allow the pharmacist to fill other prescriptions in the drive -through lanes. That is a
standard design on all pharmacies that have drive -through lanes.
Vice -Chairperson Torgerson asked if there is typically more than one pharmacist
on duty.
Mr. Kreger replied that they typically do, during the day.
Chairperson Gavaldon asked the landscape architect if they had sought out
parties to take the trees that are to be removed.
Mr. Stahl replied that Walgreens would be open to giving the trees to parties that
would come get them. However, he stated that his experience shows that there is
a great deal of expense in moving trees that large and that they are likely to
struggle for years whereas a new tree may be caught up to that size in a few
years. Moving the trees makes sense only if they are going to a large area and
can be removed easily.
Member Carpenter moved for approval of the Walgreens at Drake Crossing
Shopping Center, Major Amendment, File #35-96A, citing the findings of
fact and conclusions in the staff report.
Member Bernth seconded the motion.
Member Craig stated that she appreciated all the mitigation efforts but stated that
she cannot support it because she believes something could have been done to
at least save 4 of the trees in the front if the building had been moved or one of
the drive -through lanes eliminated. She stated that she did not feel like the
Planning and Zoning Board Minutes
March 21, 2002
Page 6
Chairperson Gavaldon asked if there would be any increase or change in traffic
with the addition of the drive -through lanes.
Mr. Stanford replied that he did not expect there to be an increase in traffic. The
study performed on the project did not negate any of the existing traffic on the
site, it just added a new Walgreens as if everything else stayed the same.
Therefore, it was a very conservative study.
Member Craig asked if a Queen Maple was considered a shade tree or an
ornamental tree.
Mr. Stahl replied that it is considered a shade tree.
Member Craig stated that the mitigation standards state that shade trees should
be 3-inch caliper, not 2-inch as shown on the landscape plan.
Mr. Stahl asked if the 3-inch was for the mitigated upsized tree and stated that
that was done on the upsized mitigated shade trees.
Planner Olt stated that the trees that were originally shown on the old plant list
went from 2-inch to 3-inch caliper for the shade trees and from 6-foot to 8-foot for
the evergreens on the new plan. There were 14 trees to be upsized to get 14
mitigation "points." The 9 additional trees, for 9 total points, do not have to be
upsized as well.
Member Craig asked if the 9 additional "points" were required to mitigate the size
of these existing trees.
Planner Olt went over the site plan tree -by -tree to illustrate how the 23 mitigation
points were determined. Fourteen of those points were gained up upsizing 14 of
the already planned trees. Nine additional trees were added, for a total of 23.
Member Craig asked why 9 two-inch trees were preferable to maybe 6 three-inch
trees.
Planner Olt replied that there were some locations lacking trees; therefore the 9
trees seemed like the best option.
Vice -Chairperson Torgerson asked about designing around significant trees and
stated that it seemed like if everything were kept the same but with a single drive -
through, the building could have been pulled up and all the significant trees
Planning and Zoning Board Minutes
March 21, 2002
Page 5
Mr. Schmidtline replied that the property line of the site, and utility easements,
won't allow that to happen. The monument sign setback requirements will also
keep that from happening.
Member Craig asked about the removal of a 12-inch Honey Locust tree where
the entry way will be located and if it would be possible to put the entry way a bit
further north to avoid taking out that Locust.
Mr. Schmidtline replied that trying to locate the store entrance as close as
possible to the street has necessitated the removal of that tree.
Member Craig asked about a Blue Spruce tree that was to be put in at the
southwest corner of the site, along Drake, and why it was located within 5 feet of
the building.
Mike Stahl, landscape architect for the project, replied that because of the utility
easements, there was no other location for the tree. He stated that he was given
direction that more trees were needed along the Drake frontage and he thought
the tree would adapt, even though it is not the ideal situation.
Member Craig stated that she wished Tim Buchanan was at the meeting
because she wanted to know the definition of a significant existing tree and why
the 12-inch Locust was not considered significant.
Planner Olt replied that Mr. Buchanan had placed a value on each of the trees to
be removed in terms of mitigation.
Member Craig stated concern due to the Code language which states that
"streets, buildings, and lot layout shall be designed to minimize the disturbance to
significant existing trees" and we are taking out 15 trees.
City Attorney Paul Eckman stated that "significant tree" is defined in Article 5 as
one that is 6 inches or more in diameter at breast height.
Planner Olt stated that 6 of the trees that are to be removed, based on the site
visit, do not even require mitigation because of their size or condition.
Chairperson Gavaldon asked Ward Stanford, City Traffic Operations, if he had
looked at the short-term traffic report.
Mr. Stanford replied that he had.
Planning and Zoning Board Minutes
March 21, 2002
Page 4
follow-up meeting would be held, which was. One of the neighbors, Stephanie
Gurzado, 2318 Hampshire Court, was not able to make it to the meeting. Mr.
Schmidtline read the letter into the record, stating that the letter was address to
Richard Sapkin, the property developer.
"Dear Richard,
I wanted to thank you and your organization for spending time with myself
and other neighbors regarding the Drake Crossing shopping center. This
shopping center is an important asset to the neighborhood and the community
and we have watched this property deteriorate over the past years. Your
company's proposal to expand and remodel the Safeway will be a welcome
change to the old grocery store. In addition, the removal of the buildings on
Drake to make way for a new Walgreens is very exciting. At first, I was
concerned about the drive -through pharmacy, however, after understanding that
this is a prescription -only pick-up window, I can admit this will be very useful for
those times when the weather is inclement or I am unable to leave my small
children in the car when they are sick. I am sorry that I will be unable to attend
the meeting on Thursday, however, please feel free to distribute this letter to all
people in attendance. I would also like to let everyone know that you and your
group have been very accommodating to me by having multiple meetings and
being available by phone whenever we have had questions. I look forward to this
project being approved.
Sincerely,
Stephanie Gurzado"
Public Input Closed
Member Craig asked about a 6-inch maple tree at the southeast corner of the lot
and why it was going to be removed given that no other development is shown in
that area.
Mr. Schmidtline replied that that is where the proposed monument sign for the
center will be located. That is about the only location for a monument sign on this
property.
Member Craig asked why the sign couldn't be moved further to the west, only
about 3 feet.
Planning and Zoning Board Minutes
March 21, 2002
Page 3
Member Craig asked about a manual used by the City Forester to evaluate the
trees. She asked if that manual was used in this case.
Planner Olt replied that it likely was but that Tim Buchanan, City Forester, was
not present to definitively answer.
Member Craig stated that she was curious about the value of some of the trees
and how the mitigation really fits in.
Planner Olt replied that Mr. Buchanan would have to answer the question on the
value but added that Mr. Buchanan was able to place a mitigation value on each
of the trees that are slated for removal. Either two or three trees will be planted
for each of the trees slated to be removed. Some of the new trees will also have
to be upsized; 14 of the new trees will be upsized and another 9 trees will be
added, for a total of 23 mitigating trees.
Chairperson Gavaldon asked if the Board had requested Tim Buchanan's
presence at the meeting tonight.
Planner Olt replied that he suggested it would be good but Mr. Buchanan did not
give any indication he could be here. Planner Olt stated that he had all the
information given to the applicant by Tim Buchanan. The new landscape plan is
adequately mitigating the lost trees, according to the City Forester.
Carl Schmidtline, Galloway, Romero, & Associates, gave the applicant's
presentation. He stated that Mr. Buchanan did a point study on the site for the
trees to be removed and came up with a point total of 23 mitigating trees
necessary. An additional nine trees were added to the original total of 14. The 14
trees have been upsized from 2 to 2.5 inch, 2.5 to 3 inch, and 6 foot to 8 foot
trees. Mr. Schmidtline showed the new landscape plan and illustrated the
locations of the new trees. He stated that the existing site has 30 trees on it. With
the new landscape plan, there will be a total of 31 trees. In addition, the plan will
add 202 new shrubs to the site, including nine Mugo Pines. With respect to the
tree re -locations, Mr. Schmidtline stated that it was not possible to do on -site
because of the amount of other vegetation and their extensive root systems.
Some of the trees can be re -located in more of a field -type environment and
survive. Walgreens would be happy to offer the trees to be removed to any
source.
Public Input
Mr. Schmidtline stated that a couple neighborhood meetings were held on the
project. The first occurred in November and the neighbors were promised that a
Planning and Zoning Board Minutes
March 21, 2002
Page 2
Project: Walgreens at Drake Crossing Shopping
Center, Major Amendment, #35-96A
Project Description: Request for a 14,000 square foot drugstore at
the southwest corner of the Drake Crossing
Shopping Center. Two existing buildings would
be eliminated. The site is located at the
northwest corner of South Taft hill Road and
West Drake Road and is zoned NC,
Neighborhood Commercial.
Staff Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence:
Vice -Chairperson Torgerson stated that the applicant on this item called him to
clarify a question he had regarding the west facade of the building. There are in
fact pilasters protruding from the west face of the building.
Member Craig stated that she just needed to have a presentation on the
landscaping and tree mitigation and protection issues.
City Planner Steve Olt gave the staff presentation, recommending approval. He
showed slides of pictures of the trees on the site to be removed and noted that
the Board had received copies of the new landscape plan prior to the meeting.
He also showed photos of trees to remain and illustrated the tree locations on the
site plan. He discussed the mitigation plan for the trees to be removed based on
a meeting held on site with the City Forester, Tim Buchanan, the landscape
architect, Michael Stahl, and himself. Planner Olt showed slides of the two
buildings to be removed as well.
Member Craig thanked Planner Olt for his slides and asked about possibly
transplanting some of the trees that are to be removed.
Planner Olt replied that there are several that could be transplanted. Staff has
suggested possibly contacting Poudre School District for transplant location. The
developer has stated that they would be amenable to that but did not want to
incur the cost of moving them. Planner Olt stated that there may be another
source that will take some of the trees but deferred to the applicant on that.
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 6:35 p.m.
Roll Call: Carpenter, Colton, Craig, Torgerson, Bernth, Meyer, and
Gavaldon.
Staff Present: Gloss, Eckman, Shepard, Olt, Barkeen, Wamhoff, Stanford,
Harridan, Waido, Alfers, and Williams.
Director of Current Planning Cameron Gloss reviewed the Consent and
Discussion Agendas:
Consent Agenda:
1. Minutes of the February 1, 2001 Planning and Zoning Board
Hearing.
2. Resolution PZ02-03, Easement Dedication. (WITHDRAWN)
3. #48-01 Seven Oaks Academy's Little Acorns, Project Development
Plan.
4. #35-96A Walgreens at Drake Crossing Shopping Center, Major
Amendment. (PULLED TO DISCUSSION — CRAIG)
Recommendation Items: The Planning and Zoning Board provides a
recommendation to City Council on the following items:
5. #46-01 1040 East Elizabeth Street Rezoning.
Discussion Item:
6. #2-02 East Elizabeth Street Rezoning.
Member Craig pulled Item #4, Walgreens at Drake Crossing Shopping Center,
Major Amendment, File #35-96A to discussion.
Director Gloss stated that Item #2 was to be withdrawn from the agenda.
Member Colton moved for approval of Consent Items 1, 3 and 5. Member
Carpenter seconded the motion. The motion was approved 7-0.