HomeMy WebLinkAboutBOSTON CHICKEN PUD MAJOR AMENDMENT - 79 93B - DECISION - MINUTES/NOTES1'-
Planning and Zoning Board Minutes
December 18, 1997
Page 9
public interest and purpose of the standard for which the modification is
requested equally well or better that a plan which complies with the standard for
which the modification is requested.
Member Weitkunat seconded the motion.
The motion was approved 6-0.
Member Weitkunat moved for approval of the requested modification to Section
4.22(E)(a-b) of the Land Use Code.
Member Gavaldon seconded the motion.
The motion was approved 6-0.
Member Gavaldon moved for approval for the Boston Chicken P.U.D., Major
Amendment, #79-93B with the attached condition for the landscape inspection as
stated in the staff report.
Member Weitkunat seconded the motion.
The motion was approved 5-1 with Member Davidson voting in the negative.
Project: 200 - 220 West Prospect Road, Project Development Plan,
#30-97
Project Description: Request for a PDP for two existing buildings on two lots
under single ownership located at 200 and 220 West
Prospect Road. The primary purpose of the PDP is to
establish a change of use for 200 West Prospect Road from
office/retail to office/retail/fast food. There is no change of
use for 220 West Prospect but is included for internal
circulation and public improvement purposes. 200 West
Prospect is 2,400 s.f. and 220 is 3,310 s.f.
Staff Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence:
Ted Shepard, Senior Planner gave the staff presentation recommending approval.
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Planning and Zoning Board Minutes
December 18, 1997
Page 8
Ms. Hall added that removing the spaces would be acceptable. She stated that the
other suggestion was parallel parking for employees only minimizing the pedestrian
conflict.
Member Chapman moved to approve the Boston Chicken Major Amendment, #79-
93B with the condition that the parking lot on the north be allocated for employee
only parking or green space. In addition, approval of the modifications 4.22(E) (a-
b), 3.22 (K)(2)(a) and the condition for landscape inspection in the staff report.
Member Weitkunat seconded the motion.
Member Craig would not support the motion. In determining the modification to Section
3.2.2(K)(2)(a), non-residential parking requirements, the plan as submitted does not
advance or protect the public interest and purpose of the standards equally well or
better than a plan that complied with the standard. Member Craig felt there was more
than adequate parking spaces without the modification.
Member Gavaldon also would not support the motion based on traffic and circulation
concerns.
Member Davidson also would not support the motion based on circulation and parking
concerns.
Member Chapman withdrew his motion.
Member Chapman moved to approved the modification for Section 3.2.2(K)(2)(a)
which deals with non-residential parking requirements. The existing parking
exceeds the maximum number of parking spaces that are allowed in the Code for
this type of business.
Member Weitkunat seconded the motion.
The motion failed 3-3, with Members Gavaldon, Craig and Davidson voting in the
negative.
Member Gavaldon moved for approval of the modification to Section 3.2.2(K)(2)(a)
including the removal of the 7 parking spaces to the north side of the building, 2
spaces to the west, just south of the pedestrian walkway and 2 spaces to the east
to the north of the existing walkway. This modification would include the finding
that the granting of the modification would neither be detrimental to the public
good nor impair the intent and purposes of the Land Use Code. The plan the
applicant has demonstrated that the plan as submitted will advance or protect the
Planning and Zoning Board Minutes
December 18, 1997
Page 7
Public Input
None.
Member Craig asked if this project and it's neighbor Schlotzsky's Deli came in under
City Plan, how would the circulation and access problem be solved.
Sheri Wamhoff, Engineering Department replied that it would have been required that
the buildings be placed up at the right-of-way instead of having something that goes
behind the building, but would still serve the purpose of directing traffic.
Member Craig stated that the issue tonight was that if the front road is taken away, and
the Board would ask that they add the addition to the west versus the east, would move
them closer to what City Plan would like to see. The applicant is saying that that would
mess up traffic so bad, that there would not be circulation within.
Ms. Wamhoff agreed with the statement that currently, closing the road would mess up
the traffic. If this would have come in before, the buildings would have been placed
closer, therefore making allowances for the drive isle to be placed behind the buildings
and provide a direct access. Now, even if you move access behind Boston Chicken,
you would still be trying to direct traffic around the Schlotzsky's due to the location of
their drive-thru.
Member Craig asked about parking spaces, and that with the shared parking with
Schlotzsky's next door, she was confused with the requested modification of 20 more
parking spaces.
Planner Harter replied that not only did Schlotzsky's share parking with Boston Chicken,
but Godfather's also shares parking with Schlotzsky's.
Member Weitkunat suggested that since the number of spaces exceed's the code
requirement that some of the spaces that are being asked for are unnecessary. She
addressed the seven parking spaces on the north side of the building and felt that there
would be direct vehicle conflict with those entering the site and also those leaving the
drive thru tellers. Member Weitkunat suggested that those seven spaces be deleted
from the plan.
Mr. Berth replied that when the building is expanded, that would be logically close
parking for future expansion.
Planning and Zoning Board Minutes
December 18, 1997
Page 6
Hearing Testimony, Written Comments and Other Evidence:
Member Gavaldon stated he pulled this item because of concerns with traffic.
Other Members had concerns with access.
Member Gavaldon asked Matt Delich, who prepared the traffic impact study, questions
on the study he prepared.
Mr. Delich replied that he analyzed 3 intersections of the city in the report, Riverside
and Lemay, Panache and Lemay, and Elizabeth and Lemay. To go beyond that was
not a requirement of the traffic study, so he did not do that.
Member Gavaldon asked about the intersections of Mulberry and Lemay and Prospect
and Lemay.
Mr. Delich replied there would be some impacts, but not enough to change the level of
service that exists there now.
Mr. Delich stated that he looked at all modes of transportation in the study, but as far as
levels of service at intersections, he only looked at vehicles.
Fred Jones, Transportation Department stated that overall, the Credit Union would have
a trip reduction of what the Boston Market was originally generating. Staff saw that as a
net improvement to the system.
Denise Hall, Executive Vice President of the Safeway Rocky Mountain Credit Union
was there to represent the applicant.
Member Gavaldon asked about the justification for four drive-thru bays, and the fact
that 45% of the traffic would be from out of town.
Ms. Hall replied that their intent was not to start with 4 bays, their intent was an
expansion at a later date. She stated that members outside the Fort Collins areas
would be coming to the site for purposes of closing loans. They have other delivery
systems available for those people for handling daily transactions.
Dan Berth, Veldman Morgan Real Estate, added that one of the reasons for the
additional drive-thrus (4), was to mitigate any impacts of stacking during the busiest
hours.
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Planning and Zoning Board Minutes
December 18, 1997
Page 5
Otherwise there would be no other way they could develop their property. They would
agree to apply for 10.5 or more in good faith to comply with the condition.
Director Blanchard stated that the condition should be stated or interpreted to mean
that, with the abandonment of Parcel A, that the remaining portions of Huntington Hills
will remain at 3 units per acre or more. It would give the Huntington Hills owners the
opportunity to apply for 10 units per acre, over 10 would not be in compliance with the
ODP, that would put the density at 3.2 units per acre.
Member Chapman stated that the condition should read that with the
abandonment of parcel A, that the remaining portions of Huntington Hills Overall
Development Plan will remain at 3 units per acre or more.
Member Davidson seconded the motion.
The motion was approved 5-1 with Member Craig voting in the negative.
Project: Boston Chicken PUD Major Amendment, #79-93B
Project Description: Request for a Major Amendment to allow for a change of
use of the existing Boston Chicken restaurant (vacant) on
South Lemay Avenue to a Safeway Credit Union. The
existing building is 3,000 square feet, and the proposal
includes a 2,240 s.f. addition (to be constructed at a future
date). In addition, the applicant proposes the placement of
four(4) drive-thru lanes (one being a drive -up ATM) to be
located to the rear of the building.
Staff Recommendation: Approval and Approval of Modifications to Section 4.22
(E)(a-b) and Section 3.2.2(K)(2)(a) of the Land Use Code
and the condition:
By June 1, 1998, a landscape inspection will be completed
by the Zoning Department of the City of Fort Collins to
determine what, if any, vegetation/trees are not living and
those determined to be dead or at least 70% dead must be
replaced in accordance with the approved landscape plan
approved as part of the proposal for the Major Amendment.