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Home My WebLink AboutRAFFERTY'S PUD - FINAL - 17-95A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSBSA 911I1 Commu y Planning and Environmental cvices Current Planning City of Fort Collins August 8, 1995 Dear Resident: The Planning and Zoning Board of the City of Fort Collins, Colorado, on Monday, Auguat 21, 1995*, at 6:30 p.m. in the Council Chambers**, City Hall West, 300 LaPorte Avenue, is planning to hold a public hearing on a proposed project in your neighborhood. The proposed project is commonly known as Rafferty's PUD - Final, #17- 95A. The applicant is requesting final approval for a 6,623 s.f. sit- down restaurant on approximately 3 acres located at the northeast corner of East Harmony Road and Boardwalk Drive and zoned bp, Planned Business. a Both the Planning and Zoning Board and the City Planning Staff consider your input on this maCter, as well as your neighbor's input, an extremely important element in the City's review of this proposal. If you are unable to'.at:tend the public hearing, written comments are welcome. This letter has been sent as a courtesy to all property owners of record within 500 Beet of the area based on current County Assessor's records. If you should have questions or require further information about this item, please feel free to contact me at 221-6750. Si cerely� S e e Olt City Planner SO/gj d *Please note that if the August 21st meeting runs past 11:00 p.m., the remaining items may be continued to Monday, September llth at 6:30 p.m. in the Council Chambers, City Hall West. **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 221-6750 for assistance. 281 North College Avenue • P.O. Sox 580 Fort Collins, CO 80522-0580 • (970) ?"1-6750 FAX (970) 221-6378 TDD (970) 224-6002 Name (? ffircwc:�,-- Regarding'Rafferty's:PUD June 30, 1995 Address 513 LK) 157Fs 5 e.e+boa.-d L.n f537� �15 3 �e� end LAJ y5 i There would be -little possibility of a parking problem m the evenings given that these properties will be office suites catering to a 9am-5,pm:parking:crowd: 6- Raffcrty's use simulated shake shingles on the roof to blend in with surrounding community. 7- the plan forhow food .preparation and waste odors will be controlled. We have been told by Rafferty's that.they have a system for controlling odors; we need assurance that it is effective. Odor from three new restaurants south of harmony, frequently drift over into our neighborhood. Our fear is that another restaurant overthe fence might be worse unless the odor mitigation is guaranteed. Recommendations to the City of Fort Collins and Rafferty's. The construction of the restaurant will have a negative impact on the.immediate community. We would like to propose solutions that might lessen the burden on the subdivision. We feel .that the following requests are essential to ensuring the safety of our children as traffic will:augment as a result of this project. We would like to see: 1- a three-way stop sign at the comer of Whaler's Way and Boardwalk. The City has -already acknowledged that Boardwalk is at or slightly above capacity now. This development will obviously significantly increase the local traffic. For the safety of Rafferty's patrons and others we urge the City and Rafferty's to install an effective traffic control device at the aforementioned intersection. 2- speed humps constructed on Whaler's Way between Boardwalk and Lemay Ave. Again, due to the increased traffic on Whaler's Way speed humps would slow traffic to.a safe speed, and funnel Rafferty's traffic away from the adjacent residential area. An increase in traffic on Whaler's Way over the last year has resulted in increased fast drivers. Let's avert a tragedy. Tbank you for your consideration and assistance in creating a mutually desirable development. We look forward to seeing you all at the August 21st Planning and Zoning Board Meeting. Best regards, Landings neighbors near Rafferty's PUD Contact persons: Doug and Jane Meyer 225 0931, Richard Poche 225 6059. Address 'ts IS XCM400,. L io.,, 40� 5�ALA�E June 30, 1995 To: City of Fort Collins Planning Dept., Traffic Dept. and Planning and Zoning Board Rafferty's Architect and Developer From: Landings Development Neighbors near Rafferty's PUD RE: Rafferty's PUD Site, Landscape and Construction Dear Planning and Zoning Board Members, We appreciate the opportunity to provide you some specific input and requests about the Rafferty's PUD. As a community, our goal is to work with you and the developer to design the six acres in a way that serves the needs of everyone involved; Rafferty's, Rafferty's customers, and us. Please note that some of the following features were included in the original set of plans shared at the 19 December 1994 neighborhood meeting. It is apparent that some of these features have been altered and/or deleted. Recommendations to Rafferty's. We'd like to see... 1- an earthen berm (approx. 6-8' •high) that would run the entire north -south length of the neighborhood property line. Given the drainage requirements on this property, an underground culvert or reasonable drainage depression would be required to run along side of the berm. Our strong preference would be to have an underground culvert. We believe that adding this berm would be in the best interests of everyone. 2- the entire property landscaped. The latest set of plans depicts only the Rafferty's portion of the site as landscaped. The original set of plans that this community saw and spoke of positively had the entire property landscaped. Again, this request would serve everyone well by creating an attractive six acre parcel. 3-four-foot parking dot, lighting standards instead of the planned 16' standards. The short standards are very effective at lighting the parking area ( a good example is the Post Office on Boardwalk) and significantly reduce.the amount of visual pollution. It's our opinion that these lights will meet the goal of creating a safe and attractive parking lot for Rafferty's, and a. less obtrusive lighting design for the local residents. 4- an increase in the number of trees and shrubs in the landscape.plan (especially on the berm area along the neighborhood fence). Also, we recommend an increase in the number of evergreen trees and shrubs and.less grouping of the evergreens in the landscape plan to.provide year round'buffer and beauty for everyone. 5- the far east row of parking that runs north -south on the property be eliminated so that the. landscaped buffer area could be increased. As it stands, approximately 150 parking spaces are currently to be developed. We believe that Rafferty's could develop some parking spaces on the north half of the property in lieu of the far east row (the walk to the restaurant is about the same). July 25, 1995 Doug and Jane Meyer 4537 Seaboard Lane Fort Collins, CO. 80525 Richard Poche 4507 Seaboard Lane Fort Collins, CO. 80525 Dear Doug, Jane, and Richard, City staff received your letter dated June 30, 1995 concerning the Ral%rty's P.U.D. - Final that is scheduled to go before the Planning and Zoning Board on August 21, 1995 for a decision. Based upon review of both the development proposal documentation submitted by Maxwell Architects and your letter that contains several recommendations, staff would like to offer the following comments: 1. Inclusion of an earthen berm: The overall site drains from southwest to northeast. There are on -site stornwater detention requirements associated with this development and the applicant is proposing that the detention pond occur along the east side of the site. This detention pond becomes a turf -grassed and landscaped buffer area between the restaurant parking area and the rear lot lines of the homes in the Landings. There is 50'+ of distance between the closest parking bay and the rear yard fences of the homes. Stab's belief is that the distance, with added plant materials comprised of mostly evergreen trees, will provide sufficient buffer from the autos to the rear yards. 2. The entire property should be landscaped: There is extensive landscaping proposed for the Harmony Road and Boardwalk frontages (in conformance with the City's adopted Harmony Corridor Plan). Rafferty's Restaurant is developing the south "'/z° of the property. They will be providing a mix of deciduous and evergreen trees in the parking areas and the detention pond along the east side of the site. Staff is recommending that trees and shrubs be provided in the portion of the detention pond east of the future office uses at this time. Landscaping on the area designated as future offices should be planned and implemented at the time of development of that portion of the site. 3. Use four foot high parking lot lighting: Staff is recommending maximum 16' highlight d Community Planning and Environmental cervices Current Planning City of Fort Collins August 8, 1995 Dear Resident: The Planning and Zoning Board of the City of Fort Collins, Colorado, on Monday, Auguat 21, 1995*, at 6:30 p.m. in the Council Chambers**, City Hall West, 300 LaPorte Avenue, is planning to hold a public hearing on a proposed project in your neighborhood. The proposed project is commonly known as Rafferty's PUD - Final, #17- 95A. The applicant is requesting final approval for a 6,623 s.f. sit- down restaurant on approximately 3 acres located at the northeast corner of East Harmony Road and Boardwalk Drive and zoned bp, Planned Business. Both the Planning and Zoning Board and the City Planning Staff consider your input on this ma,>x-ter, as well as your neighbor s input, an extremely important element in the City's review of this proposal. If you are unable to:% ttend the public hearing, written comments are welcome. }• This letter has been sent as a courtesy to all property owners of record within 500 feet of the area based on current County Assessor's records. If you should have questions or require further information about this item, please feel free to contact me at 221-6750. 4Si cerel� S e e Olt City Planner SO/gjd *Please note that if the August 21st meeting runs past 11:00 p.m., the'remaining items may be continued to Monday, September llth at 6:30 p.m. in the Council Chambers, City Hall West. **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 221-6750 for assistance. 281 :'north College AN,enue • P.O. Box 580 Fort Collins, CO 80522-0580 • (970) 221-6750 FAX (970) 221-6378 TDD (970) 2224-6002 III ��7CL�cyc�tc�� o �Tatvpd 2z �-ily5" Y � car�:'yizev� ,a/� Qc„ , yX dated t 'A40&Acl U OY- a.Djperrc L��tc h U,...Ijem `%ham C'ity� no hQ clk) ,(�Oc! ✓12p�Q0 c ,(jc� Y� `ZCn.(ii-�� GA .LJv� ('%..., `�ar� , (e�t�uc� _ C/1 /aa4rh, 9e N Lcac 7� a- G`� t Lt/LC SO da /UG T �U 1'4L Toll VAR QCl4� ljlC, ee OL I�en GJGOtt 01 VIU %aa.e AI(%Lao ;/luef�v4�r�.'� To : 5feue , ate. c o�c( PL:l/�" 04_ %> e �c�ncuu<rdl�k /,��l.rti•e GL-,� � K(!�.G�I lc�ri� :q.� liUy 1960 '/.'bt ') G%• / / 72G1.t �K. G2 �YICe/CQL;�/v� 7Ur%C'� , �;ii %r t ee c�e2e1>> cam/ `/- l i��G�n C% � c'��,) Jr I /�✓7� (-t��G% �� C/1 ii(_O.C. G' � /JO�D J /!�J'1(�✓IVAQ��G�+�a� � .�R-�� ' C'�/J17 C�i ! -Y. �-C�7 cn (.i,.-�*! Gkuuiza�>oICA, y,•lt�.� C;n(-'1d,aIYY�� GC�'c/ �10-:.1*-uo A2r,�' G"' .c/(r��c.LCc)!•!�'�C, C� �l/L�rZr./i✓J L(��'I-� I.c,JG' u. ��c.� Q� . ,4 r /2Z) ,�JUZ�7/i � / IZA1 �Qd ��R29� iL✓�� GC</�z5�1 �%%v_ �,-C�IP�r.<t.oc/r.��t� e .D-z�.c G'� �� Z4)laa"zdr, ca cZ lJL2t �z .�l�oe.� —rah l��ra-cY -01 ,C�//�) 2Ci a (�rpu� niJ -rt�r_i""'eyi f IGYc c4�1127� W ✓T�-) ✓lac?.. 0,1- d4s-•� (✓L/ e Ifi • r , ; r: i .r 43. Unless the City can take care of the traffic problem in this area, we do not want any additional development. 44. Last year the residents mentioned the traffic problems at a similar neighborhood meeting; nothing has yet to be done about the traffic problem in this area 45. Are that any regulations for cooking odors from restaurants? A The City has odor regulations but not for cooking odors. The restaurant will be equipped with efficient filters. 46. What are the height requirements for the parking lot lighting? A All of the parking lot and building lighting will be looked at closely during the development review. 47. What plans does the City have for containing traffic? 48. What can we a residents do about the traffic problems in the area? How do we get the City to listen to us? A Residents should contact Tom Vossberg in the City of Fort Collins Traffic Department . and discuss your concerns with him. 49. Did the City do a traffic study in this area? A Yes, last spring. 50. The developer should put pressure on the City to handle the traffic concerns in this area. 51. We don't have a problem with the restaurant we have a problem with the traffic on Boardwalk, Whalers Way and Harmony. 52. This restaurant will not have easy access in and out of it. 53. What is the time frame for completion of the restaurant. A September or October of 1996. 54. Is there a time frame for when the construction of JFK will be done? A Development finances the streets; there are property owners looking at development on JFK Parkway. 31. How many offices will there be in the three office buildings that you have proposed,and what kind of businesses will they be? A At this point the type of business have not been established but limitations can be put into the proposal. 32. What will the height of the office building? A One 2-story and two 1-story. 33. How wide is the landscaping on the east side of the property? A 50 feet. 34. Will there be a berm on the east side of the property or will there just be the typical shrubs and trees as landscaping? A We are open for discussion. 35. We would like to see a berm to the east. 36. Can the City close Whalers Way so there can be no access from this restaurant? A That matter will have to be discussed with the City Transportation Department. 37. Would the City allow the developer to eliminate the access onto Whalers Way? A Probably not. 38. Can you put a point of access on to Harmony Road? A No access can take place on to Harmony Road 39. If King Soopers goes in, it will effect the traffic on Whalers Way. 40. What is the plan for the lots southeast of the post office? A We are not aware of anything at this time. 41. What is the zoning on this property? A Zoned planned business. 42. Development continues to add to the traffic problems on Boardwalk, Whalers Way and Harmony. 19. With only two entrances to Rafferty's Restaurant the volume of traffic on Whalers Way will increase substantially. 20. Will you be hiring local people to staff the restaurant? A Yes, only the managers will be brought in from elsewhere until we can train the local people as managers. 21. The developer won't have to live with this restaurant, but the residents will. 22. We are concerned about the traffic in this area 23. Would it be possible for the residents to meet with the City at a later date to discuss the traffic issues in this area? A Yes. 24. We are concerned about deliver truck traffic on Whalers Way. 25. Are you planning on building a patio for dining? A Yes. 26. What will the distance be from the patio to the houses? 27. How late do you serve outside on the patio? A Until 11:00 p.m. on the monday through thursday and until 12:00 p.m on friday through sunday. 28. Do you get semi -truck traffic at your established restaurant? A No, there is no semi -truck traffic. 29. How many people will be employed full-time and how many part-time at Rafferty's Restaurant? A 30% will be full-time and 70% will be part-time. 30. Approximately how many vehicle trips do you anticipate to and from Rafferty's Restaurant in a one week period? A 2,000 to 2,5000 per week. 5. Who will be in charge of doing a traffic study at this location? A. The developer will hire a firm to do the traffic study, then it will be submitted to the City for review. 6. Is there a time limit on when the traffic study has to be done. A. Yes, the traffic study must be submitted to the City with the development submittal. 7. We feel that the traffic study will not reflect what the problems are on Boardwalk. 8. We like the idea of putting a restaurant on this piece of property, but we don't like that there is a point of access onto Whalers Way. 9. The patrons of Rafferty's Restaurant will not be able to exit on to Boardwalk due to the high volume of traffic. 10. The intersection of Boardwalk and Lemay is dangerous. 11. Boardwalk has become a bypass to and from College and Harmony. 12. The speed limit on Boardwalk is 25 miles per hour, but vehicles do not obey the speed limit on this street. 13. How many traffic consultants are there with the City? A. We have four or five in Boulder and one in Loveland. 14. Where is the entrance on Whalers Way in regards to the office park on the other side of the street? 15. What is the height limit for the parking lot lights? A. The City has height limitations and limitations on the overflow of lighting in parking lot near residential areas. 16. What kind of exterior signs will be on the restaurant? 17. Will there be a monument sign placed on Harmony? A. Yes. 18. Are there height limitations for the signs? A. Yes, the City strictly enforces the height limitations. Project: Rafferty's Restaurant Date: December 19, 1994 Developer. Maxwell Architects Planner. Steve Olt The meeting was called to order by Steve Olt, City of Fort Collins Planning Department. There was a brief overview of the planning process. Maxwell Architects has proposed to build a 62,000 square foot Rafferty's Restaurant on the corner of Boardwalk and Harmony. Also proposed is one 2-story office building and two 1-story office buildings approximately 5,000 square feet There are currently nine Rafferty's restaurants in operation throughout the United State. The restaurant style can be compared to The Olive Garden and TGIF. The restaurant hours are from 11:00 am. to 10:00 p.m. Monday through Thursday and 11:00 a.m to 12:00 p.m. on Friday - Sunday. The seating capacity of the restaurant is 250 people when the deck is in operation. 92% of the restaurants profits are from food sales; the other 8% profit is from liquor sales. QUESTIONS, CONFY1 V'IS AND CONCERNS 1. How much vehicle traffic will this restaurant bring? A Approximately 125 vehicles per right. 2. Will the parking lot accommodate parking for the office buildings as well? A Yes. 3. Is there anything in the contract as to what type of business these office buildings can accommodate? A A plan must be submitted for review of the office buildings, but we do not expect any medical type offices in this space. 4. We are concerned about the height of the office buildings. A, LARIMER COUNTY A Commitment To Progress DEPARTMENT OF HEALTH AND ENVIRONMENT Adrienne LeElailly, MD, MPH, Director March 3, 1995 Janelle Kechter, CLA Paralegal 110 East Oak Street P.O. Box 469 Fort Collins, Colorado 80522-0469 Re: Preliminary Emissions Calculations BOARD OF HEALTH Pamela Howard. Loveland President Kenneth W. Curbs, Jr., MD, MPH, Fort Collins Vice President Kent N. Campbell, JD, Fort Collie Sidney M. Waldrop, MS, Fort Collins Alice Hallberg, R.N.. Estes Park 1525 Blue Spruce Drive Fort Collins, Colorado 80524-2004 General Health 498-6700 Environmental Health 498-GT75 Dear Jane e: P.ccording to the State of Colorado Air Quality Control Regulations, the source we have been discussing does not need to apply for an emissions permit. This status could change in two ways, neither of which is very feasible. If the area in. which the source is located is redesignated a nonattainment area for PM,.,,, permit requirements would be triggered. I do not foresee this happening any time in the future. Currently Fort Collins air monitoring shows us running at a quarter to half the standard. The other circumstance that would trigger permit requirements would be if the source was a synthetic minor, which is based upon the potential to emit, rather than the actual emissions. If any of the criteria pollutants exceeded the 100 tons/yr, based upon potential to emit, this would trigger the permit requirements, along with Title 5 requirements. Based upon the numbers you provided, •the highest emission rate was Carbon Monoxide, which was 2,770 lbs/yr. All sources emitting to the atmosphere must comply with the 2o% opacity requirement and the State odor regulation. With proper operation and maintenance these requirements should not be a concern. Sincerely, l� Myrna Jamison Hansen Air Quality Specialist BOARD OF COUNTY COMMISSIONERS Jim Disnev h- ARTMUR E. MARCH. JR RAMSEY 0. MYATT . ROBERT W. BRANOES. JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER WILLIAM C. BEYERS JEFFREY J. JOHNSON MAZZCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS. COLORADO 80524-2880 1303) 482-4322 \ TELECOv1ER (303) 482-3038 March 13, 1995 `i Mr. Dan/Davis, President Rafferty's )1945 Sdottsville Road, Suite 200A / Bcwli g Green, KY 42104-5824 ((( RE: Rafferty's - Fort Collins Site Dear Dan: ARTMUR E. MARCH 1009-19BI MAILING ADDRESS: R.O. BOX 469 FORT COLLINS, CO 80522-0469 Enclosed is a copy of the letter we just received from Myrna Hansen, the County's Air Quality Specialist. Based upon the specific information we provided to her regarding your restaurant's proposed use. of its woodburning stove, she does not foresee that you will need to apply for a State emissions permit. This is significant because it means .that, in the opinion of the Larimer County Health Department, the woodburning stove you propose to use should meet all current State air -quality regulations. This is an excellent piece of evidence to have in reserve if the City continues to push for elimination of the woodburning stove based upon air -quality regulations. Please call if you have any questions. By: LAL/glr En )sure CC..:Mr. Steve Maxwell Mr. Wayne Wilkinson Tom McAdams, Esq. Sincerely, MARCH & MYATT, P.C. 4. C', i I,uc,ia A. Lild / Activity A: ALL DEVELOPMENT CRITERIA ALL CRITERIA APPLICABLE CRITERIA ONLY CRITERION s the crtterion applicable? Will the criterio be satisfied? If no, please explain w � S s a y Yes No Al. COMMUNITY -WIDE CRITERIA 1.1 Solar Orientation I IJ 1 1.2 Comprehensive Plan 1.3 Wildlife Habitat 1.4 Mineral Deposit I 1.5 Ecologically Sensitive Areas I reserved reserved I 1.6 Lands of Aericultural Importance 1.7 Enerciv Conservation I IV/1 . 1.8 Air Quality I I✓I I ✓ I 1.9 Water Qualitv I I I _ I .10 Sewace and Wastes 1 V/1 II 1.11 Water Conservation�✓ 1 1.12 Residential Densitv I 1 A 2. NEIGHBORHOOD COMPATIBILITY CRITERIAI 2.1 Vehicular. Pedestrian. Bike Transoortation 1 I 1 1 2.2 Buiidinc Placement and Orientation 1 ✓ I I ✓ I I 2.3 Natural Features I I ✓I I ✓ 2.4 Vehicular Circulation and Parking 2.5 Emergency Access _ 1 ✓ I 1 ✓ ' I 2.6=edestrian Circulation I I I I✓ I I 2.7 Arc; litecture I I✓ j I✓ 1 1 2.c Buiidinc Heicnt and Views I I I I I I 2.9 Shading 11✓I I 1 1 2.10 Solar Access I I I I I 2.11 Historic Resources I I I✓ 2.12 Setbacks I V1 I ✓ 1 1 2.13 Landscape I I I✓ I 2.14 Signs I ✓I I ✓ I I 2.15 Site Lighting I ✓I I V 2.16 Ncise and Vibration I ✓I I ✓ I I 2.17 Glare or Heat ( I ✓I I .V 1 1 2.18 Hazardous Materials 1 ✓ 1 I A 3. ENGINEERING CRITERIA 3.1 Utility Capacity 3.2 Design Standards I ✓ 1 3.3 Water Hazards 3.4 Geologic Hazards -- Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised h 1994 % uC �( -61- ..oir rL mNeer rerun n.e A.ri � rYiro w.c we mo. v-r w-e r Awr.-.�crmear e.0 . 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M .4rWtAY. rf4li YlMYIY NIWOA/ir�f./I YWL / riPO 1101 M wi P M G..O rrs+oa ! rip OYr/M / Mr./ rrNO n M m1/ WM r�fuwa ! Rr�Oi/.t♦6I•,�YMYR MWKM fYrYYr. !� YT M tACM Yd1il r/'ai. rYlr[Vr mOi trRH to n Wfw�/•COi.ai.YM1 WDM/r MN NfM f. r wi Pd Y �/ �.• Y�I.MM i0r Y iYr rr w. Y ri nr � „ r v Y rr ti Y/ wr +.. rr r r .N rrnee rr R rF..r•Y W ti i r • N w,. iI OC Y i r. � Y/ W 4rY• O r a r rr. �.►• !� i.w.�. u r ) Y ./i Y� V Y w r rw ...�rNw Y+a r r ffY rrr m ri W �r•�Yi.. 4R 6N t Y til) OC .O W �/ y Y+ti F Oa tr Y IfM N ✓. Y Y�� Nr V. Y � rl! Y �• f rt\ li i�� /. R ro iR iiC Ir ✓. - a r. Hi FORT COLLINS COWR o tyY1i�> pYY! AIf - l8f LE" DESCRIPTION.' rer w°amir. f.�.t.. e.^s. • q�.v� g�..S a.°'u" �.a� maw, i Y�PaT.51 �e$.AN"M b tl•0Si "v+"°`�mn .�iow.m4v.� ORWRS CERTFICAT.0 dd.0.M nKR .h.. c Ywvw. w= o R Q PLMWWO AED ZOWWO CERIF M' U o Q. Vl.w. h.ti T`..q NEs•h MN.w Lry Nfsr p... Q V) p Qo r.,,....., ...,n..-.. 00 o ATTORNEY CERTFICATVW v. n.b.•T.sn e.a I/.I V � /) ... ifs �w�ca.au in�� 1`q �11P�� a�♦. ,._,__ MM ME ►. ��:�1S old ■■ �.. �� , ,PAP��, Mm „ MOWN VICINITY MAP 08/08/95 17-95A RAFFERTY'S PUD Final Scale: 1"=600' 0 Rafferty's P.U.D., Phase One - Final, 417-95A August 21, 1995 P & Z Meeting Page 6 If this condition is not met within the time established herein (or as extended, as applicable), then the final approval of this planned unit development shall become null and void and of no effect. The date of final approval for this planned unit development shall be deemed to be the date that the condition is met, for purposes of determining the vesting of rights. For purposes of calculating the running of time for the filing of an appeal pursuant to Chapter 2, Article II, Division 3, of the City Code, the "final decision" of the Board shall be deemed to have been made at the time of this conditional approval; however, in the event that a dispute is presented to the Board for resolution regarding provisions to be included in the development agreement, the running of time for the filing of an appeal of such "final decision" shall be counted from the date of the Board's decision resolving such dispute. NOTE: This Phase One final P.U.D. approval is for the restaurant portion of the Rafferty's O.D.P. only. The future office uses are subject to the preliminary and final P.U.D. review processes at such time that they are proposed for development. Rafferty's P.U.D., Phase One - Final, #17-95A August 21, 1995 P & Z Meeting Page 5 FINDINGS of FACT/CONCLUSIONS: In evaluating the request for the Rafferty's P.U.D., Phase One - Final, staff makes the following findings of fact: * The final P.U.D. is in conformance with the Phase One preliminary P.U.D. * The final P.U.D. meets the applicable All Development Criteria in the L.D.G.S. * The Phase One final P.U.D. is in conformance with the revised Harmony Corridor Plan and the Harmony Corridor Design Standards and Guidelines; * All aspects of proposed signage for this restaurant/office park will be regulated by Section 29-593.1 "Residential Neighborhood Sign District" of the Fort Collins Sign Code that is administered by the Zoning Department. RECOMMENDATION: Staff recommends approval of Rafferty's P.U.D., Phase One - Final - #17-95A with the following condition: The Planning and Zoning Board approves this planned unit development final plan upon the condition that the development agreement, final utility plans, and final P.U.D. plans for the planned unit development be negotiated between the developer and City staff and executed by the developer prior to the second monthly meeting (October 23, 1995) of the Planning and Zoning Board following the meeting at which this planned unit development final plan was conditionally approved; or, if not so executed, that the developer or the City staff, at said subsequent monthly meeting, apply to the Board for an extension of time. The Board shall not grant any such extension of time unless it shall first find that there exists with respect to said planned unit development final plan certain specific unique and extraordinary circumstances which require the granting of the extension in order to prevent exceptional and unique hardship upon the owner or developer of such property and provided that such extension can be granted without substantial detriment to the public good. If the staff and the developer disagree over the provisions to be included in the development agreement, the developer may present such dispute to the Board for resolution. The Board may table any such decision, until both the staff and the developer have had reasonable time to present sufficient information to the Board to enable it to make its decision. (If the Board elects to table the decision, it shall also, as necessary, extend the term of this condition until the date such decision is made.) Rafferty's P.U.D., Phase One - Final, #17-95A August 21, 1995 P & Z Meeting Page 4 Parking: There are 174 parking spaces to be developed with Phase One of the Rafferty's P.U.D. These spaces, along with parking in the future office portion of the O.D.P., will be included in a shared cross - access (vehicular and pedestrian) and parking agreement between the restaurant and the future office uses. The City's parking guidelines would indicate a need for approximately 80 parking spaces just for the patrons of a sit-down restaurant the size of the proposed Rafferty's. Add to that the City's Parking Code requirements of 2 parking spaces per every 3 employees. The proposed parking is considered to be adequate and appropriate, considering the shared parking concept with the future office uses. Signage: The project location is included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. The requirements in this District are generally more restrictive than in other areas. All aspects of proposed signage for this restaurant/office park will be regulated by Section 29-593.1 of the Fort Collins Sign Code that is administered by the Zoning Department. 4. Neighborhood Compatibility A neighborhood information meeting was held on December 19, 1994 at the Evangelical Covenant Church. Approximately 25 people (including residents, representatives for the development, and a City planner) were in attendance. The main concerns expressed dealt with the increased traffic in the area associated with any new development (especially on Boardwalk Drive and Whalers Way), the type of parking lot lighting to be used, the height of the proposed buildings, and the nature of the buffering/landscaping between this restaurant/office park and the neighborhoods. A copy of the minutes of the meeting is attached to this staff report. 5. Transportation: The restaurant/office park will gain its access from a single curb cut on Boardwalk Drive (a collector street connection between East Harmony Road and South College Avenue) and a single curb cut from Whalers Way (a local street serving the residential neighborhood to the east). The location for the access on Boardwalk Drive has been determined by the necessary stacking distance for southbound vehicles at the intersection of Boardwalk Drive and Harmony Road. The access from Whalers Way has been located to align with the existing access into the Boardwalk Office Park to the north. Rafferty's P.U.D., Phase One - Final, #17-95A August 21, 1995 P & Z Meeting Page 3 Note: This Phase One final P.U.D. approval is for the restaurant portion of the Rafferty's O.D.P. only. The future office uses are subject to the preliminary and final P.U.D. review processes at such time that they are proposed for development. 3. De i n: Architecture: The proposed Rafferty's Restaurant is a 6,623 square foot building that will be a maximum of 25-9" in height (equivalent to two -stories). The exterior building materials are a horizontal rough sawn cedar siding with a stone veneer as a low, foundation accent material along portions of the south, east, and west elevations. This same stone will be used on the chimney and the exterior walls of the entry portico. The roofing material will be comprised of concrete shingles. Landscaping: The proposed landscaping for the Phase One P.U.D., Preliminary (Rafferty's Restaurant) is in conformance with the Harmony Corridor Design Standards and Guidelines. Plantings in the required setbacks along both Harmony Road and Boardwalk Drive conform to the plant palettes in the Design Standards and Guidelines. There are deciduous, ornamental, and evergreen trees being provided in the 50'+ stormwater detention and setback area along the east side of the site. The number of evergreen trees along the eastern tier of parking on the Rafferty's (southerly) portion of the site have been increased from the originally proposed 22 trees to what now will be 35 trees. The additional evergreen trees, in conjunction with the proposed 50' distance and deciduous trees, will provide a more continuous, solid, and opaque wall of landscape materials to serve as a visual buffer to mitigate noise and lighting affects to the adjacent neighborhood. Also, a total of 5 deciduous trees and 26 evergreen trees have been added along the east property line in the detention pond on the northerly portion of the site. There is an existing 6' high solid wood fence along the entire length of the property line, located on the rear of the residential lots to the east. Lighting: There will be six 14' high light poles in the parking areas on -site. The light fixtures will be mounted in formed aluminum housings that will provide top and side cutoffs to assure down -directional lighting and reduce horizontal light spillage into the surrounding neighborhoods. There will be several ground -mounted, low intensity light fixtures that will provide up -lighting on the building for effect and security. Rafferty's P.U.D., Phase One - Final, 417-95A August 21, 1995 P & Z Meeting Page 2 COMMENTS: 1. Back rg ound: The surrounding zoning and land uses are as follows: N: BP; existing office park (Boardwalk) S: rp; existing regional shopping center (Harmony Market) E: RLP; existing single family residential (Whalers Cove) W: RLP; existing convenience store, day care, multi -family residential (7-11, La Petite Academy, Pier Condominiums) The Rafferty's O.D.P. and the Phase One preliminary P.U.D. were approved by the Planning and Zoning Board on May 22, 1995, for a restaurant/office park on 5.21 acres. The Phase One preliminary P.U.D. is for a 6,623 square foot standard sit-down restaurant on approximately 3 acres of the O.D.P. 2. Land Use: This is a request for final P.U.D. approval for Phase One, a 6,623 square foot standard sit-down restaurant, on approximately 3 acres of the Rafferty's O.D.P. Preliminary (Rafferty's Restaurant only). It is in conformance with the Phase One preliminary P.U.D. and the revised Harmony Corridor Pan and the Harmony Corridor Design Standards and Guidelines. It was evaluated against the applicable All Development Criteria of the L.D.G.S. Harmony Corridor Plan: The property is zoned by - Planned Business with a P.U.D. condition. Uses allowed in this zoning district are defined as "any land use located on a P.U.D. plan as defined, processed, and approved according to Section 29-526 (the L.D. .)". The site is located in the Harmony Corridor and is identified as a Basic Industrial and Non -Retail Activity Center in the revised Harmony Corridor Plan and Harmony Corridor Standards and Guidelines. Office uses are permitted principal uses in this type of activity center. The proposed sit-down restaurant use is a secondary or supporting use and is permitted providing that it does not occupy more than 25% of the total gross area of the O.D.P. or P.U.D. As configured, the proposed Rafferty's Restaurant and parking directly associated with it will occupy approximately 15% of the O.D.P. The remainder of the parking to be constructed at the same time Rafferty's Restaurant is constructed will be included in a shared cross -access (vehicular and pedestrian) and parking agreement between the restaurant and future office uses at the time the offices uses are approved. ITEM NO. 7 MEETING DATE 8/21/95 iii STAFF Steve Olt City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Rafferty's P.U.D., Phase One - Final - #17-95A APPLICANT: Steve Maxwell 631 2nd Avenue South Nashville, Tennessee 37210 OWNER: Rafferty's Restaurant 1945 Scottsville Road Bowling Green, Kentucky PROJECT DESCRIPTION: This is a request for final planned unit development (P.U.D.) approval for Phase One, a 6,623 square foot standard sit-down restaurant, on approximately 3 acres of the Rafferty's Overall Development Plan (O.D.P.). The property is located at the northeast corner of East Harmony Road and Boardwalk Drive and is zoned by - Planned Business. RECOMMENDATION: EXECUTIVE SUMMARY: Approval with a condition This request for final P.U.D. approval: * is in conformance with the Rafferty's P.U.D., Phase One - Preliminary; * meets the applicable all Development Criteria of the Land Development Guidance System ,L.D.G.S.); * is in conformance with the revised Harmony Corridor Plan and the Harmony Corridor Design Standards and Guidelines; * is located on a site that is included in the Residential Neighborhood Sign District; therefore, all signage will be regulated by Section 29-593.1 of the Fort Collins Sign Code that is administered by the Zoning Department. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT