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HomeMy WebLinkAboutROBERTO'S BURRITOS EXPANSION PUD - PRELIMINARY & FINAL ..... FOURTH P & Z BOARD HEARING (CONTINUED FROM 1/22/96) - 35-95 - DECISION - MINUTES/NOTESPlanning and Zoning Board Hearing February 12, 1996 Page 7 Mr. Olt stated there are no other code requirements. The only requirement that the applicant needs to meet is the parking requirement for employees, 2 spaces for every three employees. Member Davidson asked what happens if this business moves and another one comes in that is very auto -related. Deputy City Attorney Eckman replied that the city would not have much control over this unless the business that moves in is also a restaurant. That is what this PUD is approved for. Member Walker commented that this property is in a highly dense area as far as activity and they want to expand. The result of the expansion will involve more traffic of various types. It appeared to him that they are externalizing their parking issues off the property. He believes the result could be more congestion, more signs and believed that they are pushing too much into an area. Vic Watterson stated that if he were in the position of the business owners who are objecting to this, he would be hesitant to sign any agreement or to agree on any type of formal meeting that would provide his endorsement. He did not believe that it was fair to ask of them. He perceives no additional parking requirements for the expansion. Chairperson Carnes asked where the customers would park at any given time. Vic Watterson replied they would park where they currently park. Member Mickelson commented that it is significant to recognize that 20 out of 26 of the businesses in that area do support the expansion. The motion passed 5-2 with Members Walker and Bell in the negative. RECOMMENDATION TO CITY COUNCIL FOR THE ADOPTION OF THE COMMUNITY VISIONS AND GOALS 2015 Joe Frank, Advance Planning Director, gave the presentation stating this is part of the City Plan. This document is picture of the community that will be true over time if successful. Second, this document was adopted from a synthesis of many adopted plans and policies documents including the 1977 Goals and Objectives, Air Quality Policy Plan, Historic Resources Preservation Program Plan, the Land Use Policies Plan, the 1995 Congestion Management Plan and the Natural Areas Policies Plan as Planning and Zoning Board Hearing February 12, 1996 Page 6 Chairperson Carnes figured that the part in the building totals 3,034 square feet. After the expansion, 757 square feet would be devoted to salsa production which makes 25% of the square footage that would be devoted to salsa production. Member Colton asked if the other restaurants had to show parking requirements say, if they were another use and then converted to a restaurant. Mr. Olt replied that basically they would be a change in use unless there was a different type of use when they came in. If one restaurant had changed over to another, the only parking requirements that would be required would be the city code requirement, which is the 2 parking spaces for every 3 employees. Deputy City Attorney Eckman stated that if the Board should decide that the applicant has complied with All Development Criteria A 2.4, he didn't believe that they would need to vary the LDGS. If however, the Board believes the evidence does not persuade them and that Criteria A 2.4 has been complied with, then the Board would need to grant the variance. He recommended that in order to avoid varying the code, the Board consider amending the motion to require the applicant to add that additional parking space that they indicated they could. Member Mickelson amended the motion to move to approve Roberto's Burritos Preliminary and Final with the addition of one parking space to make it a total of four. Member Strom concurred with the amendment. CITIZEN INPUT Kelly Ohlson, Fort Collins resident, stated that he applauded Staff for finally recommending denial against a project however this is the wrong project to do it. He has seen them recommend approval for filling in wetlands, destroying the foothills and natural areas. Now there is a family owned business that is trying to expand and Staff seems to have every road block and they get tough and dig in their heels. He found this a circus of absurdity and encouraged the Board to recommend this project. CITIZEN INPUT CLOSED Chairperson Carnes asked what other portions of the code might be relevant in terms of provision of parking for the people who would use the restaurant. Planning and Zoning Board Hearing February 12, 1996 Page 5 Member Strom asked how the difference between the downtown area and this area would be characterized. Is there a rationale for the zoning that is currently there that makes sense in terms of day to day operations. Is there is a difference in terms of the amount of parking that is provided by the city as opposed to the amount that is provided downtown. Director Blanchard replied that the BL zone refers to being appropriate for designation for areas for neighborhood convenience centers. This definition is not necessarily in sync with the definition in the LDGS but the majority of types of uses relate to the neighborhood and the college population. The BG zone is the designation for the downtown business district. They were making that distinction in the rezoning in 1991 based on the existing code definitions. Member Strom stated that one thing in Mr. Watterson's favor is the fact that the neighborhood they are serving includes the university which includes a large amount of pedestrians. He asked how much square footage is currently devoted to restaurant use and how much of the expansion will be devoted to restaurant versus salsa production. Vic Watterson stated that currently the salsa production is being conducted in the kitchen area. Of the total square footage, 757 square feet would be devoted to salsa production and storage or 20% to the salsa production and 20% to storage. The remaining 1135 square feet would be utilized to the addition of 8 tables and 16 chairs upstairs. Member Davidson stated that the total of the building with the expansion would be about 3600 square feet. The salsa production would be 20% of the building with the remaining 80% as restaurant, bathrooms and kitchen. Vic Watterson stated that upstairs would have pool tables and a big screen TV. A maximum of 8 tables would be added. Chairperson Carnes stated that there would 1182 square feet on the main floor then with a cantilever over the main for a total of 3074 square feet. He asked how many square feet are on the main floor and how would be added onto the second floor. Jim Watterson replied that the square footage is noted on the drawings. The back area on the top of the second floor is a total of 483, the large area over the existing building is 721, the storage area excluding the stairwell is 480 and the existing patio is 483. All of these are on the second floor. The main floor area is 900 and the back is 450. Planning and Zoning Board Hearing February 12, 1996 Page 4 majority response of favorability. After that the property owners who control the amount of parking spaces indicated they have concerns with the parking issue. Chairperson Carnes asked if all the parties of interest come together to explore an agreement. Mr. Olt replied that on one occasion, the Wattersons, Mr. Stevens, Mr. Stevens' store manager, Frank Bruno and myself met. Member Bell asked if this meeting was the one that the Board suggested the last time this project was before the Board. Mr. Olt replied that this was correct. There was no agreement made because the other parties had concerns about the inability for Roberto's to provide their own parking, dependent upon someone else, and how it could, to a degree, affect their ability to redevelopment their property. Member Mickelsen commented that it is important to recognize the utilization of the intended expansion and how it would affect the building and the parking. With an expansion, the salsa manufacturing could also increase. Member Mickelsen moved to approve Roberto's Burritos Preliminary and Final as well as the variance request. Member Strom seconded. Member Strom asked if this is a significant restaurant expansion or a work room. Mr. Olt replied that the plan shows an additional 12 tables with 48 seats as well as the downstairs seating of 40 chairs. It wasn't until a letter received January 31 that the actual breakdown of the use had changed. He deferred to the applicant for the intent. Member Strom asked about the history of the zoning change. Director Blanchard stated that the Eastside Neighborhood Plan was adopted in 1986 and the westside plan in the late 80's. Based on those recommendations, in 1991, there was an area wide rezoning when the NCM, NCB and NCL zoning districts were formed and when some of the business zoning was changed from BG to BL. There was a significant mail out on two different occasions in conjunction with that area wide rezoning. Planning and Zoning Board Hearing February 12, 1996 Page 3 parking and traffic conditions. There is currently underway an extensive study being conducted by the City Transportation Services team to address and provide resolutions to the area parking and traffic conditions. He referenced document F. They will show in the current PUD submission that Roberto's does meet and complies with parking requirements. He showed that in document G, H and I that they have meet all requirements. He stated that there were inconsistencies of the Staff Reports dated December 23 with recommendation of denial and November 20 with recommendation of approval, and January 22 with recommendation of denial. He believed that these changes were decided upon as a result of opinionated perceptions or concerns by a small number of local business owners thereby serving to circumvent the responsibility for decision making from the Board who are capable and duly informed to make that decision. CITIZEN INPUT Matt Evans, co-owner of the Mountain Shop and President of Midtown Village group, stated that he supported this requested expansion. An important fact is the City of Fort Collins Master Plan and Visual Preference Survey. This area is the style and choice of the community. Not allowing Roberto's to expand would not only beautify the area but would go against the community's desires. Another point is that all parking areas in midtown have maximum times of use. If they aren't used to the maximum, they weren't built correctly. He stated that he can walk to the back of his area and the parking is really open. He did not believe that parking was a concern. The third point he wanted to make is that there are vacancies in this area and they would not like to see another business leave. Without the expansion, Roberto's may be forced to leave. Fourth point is basically to ask what midtown needs at this point. Generally, it would be evening and weekend traffic. He encouraged the Board to approve this request. CITIZEN INPUT CLOSED Mr. Olt stated that initially this proposal was evaluated and prior to the November 20 Staff Report, the recommendation was for denial based on that the project did not meet the city code standards for parking as well as All Development Criteria A 2.4 of the LDGS dealing with vehicular circulation and parking. That recommendation did not go to a Board hearing. Instead, they worked with the Wattersons to attempt to bring together the owners and the various property owners to discuss what kind of agreement could be made prior to bringing the request before the Board. Prior to the November 20 hearing, Mr. Watterson worked with Frank Bruno in the City Manager's Office who prepared the document the Board has in their Staff Report dealing with a survey of the neighborhood. This document was then circulated to the area business owners with a Planning and Zoning Board Hearing February 12, 1996 Page 2 Jim Watterson, applicant and owner, stated they are spending too much time and effort trying to convince the Planning Department to let this expansion proceed. If this expansion were approved, they could provide some manufacturing wage type jobs. Sixty six percent of their product is shipped outside of the county. This brings money back into Fort Collins. It was suggested that they move however, they own the building. Some of the upstairs area could be used for dinner traffic. When they bought the building in 1988, it was zoned Business General. The zoning was then changed to Business Restricted without notifying many of the property owners in the area including his business. He did receive a letter stating that the business owners in this area would be responsible for a new storm sewer system for the old town area. They do not share any of the amenities such as street lighting, business time parking furnished by the city and policemen that cover the area. This area is a "free enterprise" area. He encouraged the Board to approve this project. Vic Watterson, applicant's son, stated at the November 20, 1995 Board meeting, this request was neither granted nor denied. The primary concern at that meeting focused around the issue of parking. There appears to be an impasse on the solution of the parking situation in the fact that there was not a unanimous endorsement by lot and business owners. Today, there is an overwhelming majority support and acceptance by area business owners for this expansion. He cited the letter that was distributed to the area business owners regarding the expansion and potential parking increases. 77% supported this request. An average of 45% is either pedestrian or bike traffic to their business. He ran a video of the area during the lunch hour on a Friday, their busiest day, showing available parking spaces. The video also showed the crowded conditions of the inside of Roberto's Burritos. He broke down the intended utilization of the requested expansion. Member Walker asked how the applicant would respond since there is no parking agreement with the other businesses. Vic Watterson replied that the Board's job is to make decisions based on the information they receive as to whether or not the concerned businesses of the area should decide the fate of this request. Jim Watterson stated that what Mr. Stevens' and himself did not realize that there were other restaurants opened around the corner that all use Mr. Stevens' lot. He offered to Mr. Stevens to sign the area. Vic Watterson continued that there were concerns voiced with any existing or future investigations and resulting remedies being conducted by the city regarding area The meeting was called to order at 6:35 p.m. Roll Call: Colton, Davidson, Strom, Mickelson, walker, Bell, Carnes. Staff Present: Blanchard, Olt, Shepard, Eckman, Waido, Frank, Wamhoff, Byrne, Stanford, Deines. Agenda Review: Director Blanchard reviewed the continued Discussion Agenda which consisted of the following: 17. #35-95 Expansion of Roberto's Burritos, Preliminary and Final PUD 19. Recommendation to City Council for the Adoption of the Community Visions and Goals 2015 21. #90-85N The Preston Center at Wildwood, Preliminary PUD 22. #47-95 An Amendment to the Ridgewood Hills Overall Development Plan 23. #47-95 Shenandoah PUD, Preliminary Director Blanchard stated that the Harmony Ridge Overall Development Plan and the Harmony Ridge Phase I Preliminary have both been continued. ROBERTO'S BURRITOS EXPANSION - PRELIMINARY AND FINAL PUD - #35-95 Steve Olt, Project Planner, gave the Staff Report recommending denial of the preliminary and final and of a requested variance to the parking requirements. He stated a revised letter from Mr. Stevens, owner of the Garment District, reiterating his concerns for the position of the concerns of this expansion and the impacts on his property. Staff has concerns about the inability for this expansion to provide sufficient parking on site. A reasonable parking agreement has not been resolved between the applicants and the adjacent property owners.