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HomeMy WebLinkAboutTACO BELL RESTAURANT FINAL PUD 1.27.1992 P AND Z BOARD HEARING - 51-90A - DECISION - MINUTES/NOTESPLANNING AND ZONING BOARD MEETING MINUTES January 27, 1992 Gerry Horak, Council Liaison Tom Peterson, Staff Support Liaison The regular meeting of the Planning and Zoning Board began at 6:30 p.m. in the Council Chambers of City Hall West, 300 LaPorte Avenue, Fort Collins, Colorado. Board members present included Chairman Bernie Strom, Lloyd Walker, Jim Klataske, Joe Carroll, Laurie O'Dell, Jan Cottier, and Rene Clements -Cooney. Staff members present included Planning Director Tom Peterson, Sherry Albertson -Clark, Ken Waido, Ted Shepard, Kirsten Whetstone, Deputy City Attorney Paul Eckman, Mike Herzig, Kerrie Ashbeck, Patti Schneeberger, and Georgiana Taylor. Chairman Strom started the meeting with a presentation to two former P & Z Board Members. The plaques which were presented to these former members represented the service that those past members gave to the City of Fort Collins and to the Planning and Zoning Board. Margaret Gorman served on the P & Z Board from August 1990 to July 1991. David Edwards served on the Board from August of 1985 to February of 1989 and is now a member of the City • Council. Mr. Peterson presented the Consent Agenda which included: Item 1 - Clarendon Hills Subdivision - Overall Development Plan, #35-86K; Item 2 - Clarendon Hills Subdivision, 6th Filing - Preliminary & Final, #35-86L; Item 3 - Kingston Woods PUD - Preliminary, #58-91; Item 4 - CONTINUED (02/24/92) - Housing Authority Maintenance Facility PUD, #28-89A; Item 5 - CONTINUED (02/24/92) - Mourning Subdivision, 2nd Replat, Lot I & 2 - Final, #13-91A; Item 6 - The English Ranch Subdivision, 1st Filing - Final, #75-86F; Item 7 - South Glen Subdivision, 1st Filing - Replat, #110-79I; Item 8 - Spradley-Barr - Enlargement of a Building Containing a Non Conforming Use, #63-91; Item 9 - Resolution PZ92-1 - Vacation of Utility Easement; Item 10 - Resolution PZ92-2 - Endorsing and Accepting the Framework for Environmental Action; Item 11- K-2 Annexation and Zoning, #51-91A; Item 12 - Pinecone P.U.D. Rezoning, #60-91; Item 13 - Barnes Annexation and Zoning, #53-91A; Item 14 - Strobel Annexation and Zoning, #62-91A; and Item 15 - which was pulled for discussion by Member Cottier, Ute Farm Special Review - County Referral, #1-92. Mr. Peterson presented the Discussion Agenda which included: Item 16 - Pickett Second Annexation and Zoning, #56-91, A; Item 17 - Pickett Third Annexation and Zoning, #56- 91B,C; Item 18 - Taco Bell Restaurant PUD - Final, #50-90A; Item 19 - CONTINUED (02/24/92) - Laurie Subdivision, PUD, 2nd Filing - Final, #44-89E; and Item 20 - • Woodridge PUD - Preliminary, #55-87E. 1 P & Z MINUTES January 27, 1992 Member Carroll stated that the Board did go into great detail on this project back in July. The residents of the community presented their points, the staff gave the Board the history of the project, City boundaries were taken into consideration, the applicant made a presentation, and at that time the Board made a decision. The question that was presented was not to reconsider the position that the Board took back in July, but to approve the annexation. The motion to recommend approval carried 7-0. Member Cottier moved to recommend approval of the Pickett Third Annexation and Zoning, #56-91B,C. Member Carroll seconded the motion. The motion to recommend approval carried 7-0. Mr. Waido stated that Items 17 and 18 were scheduled for the first reading of the annexation and zoning ordinances at City Council on February 18, 1992. TACO BELL RESTAURANT PUD - FINAL. #50-90A Mr. Ted Shepard gave a description of the proposed project. Staff recommended approval. Member Walker asked Mr. Shepard to review the details of the project. Mr. Shepard stated that the condition of approval relating to the hours of operation had been met with the exception of the Sunday evening closing time. The Board conditioned that the drive- thru and dining room both close at midnight. The applicant had requested that the drive-thru only stay open for one extra hour till 1 a.m. Mr. Shepard stated that staff recommended approval of this modification primarily based on the fact that the circulation out the drive-thru lane takes the customer out of the parking lot onto north bound College Avenue. The second condition was the condition of the temporary river rock. Mr. Shepard stated that there is a capital project going to take place around 1993 or 1994 that would effect the south side of the property. In order to document the condition, the applicant has agreed to place the following note on the landscape plan: "If, prior to the installation of non -living ground cover, it becomes evident that the intersection improvements will be delayed for two or more growing 11 i 0 • P & Z MINUTES January 27, 1992 seasons, (i.e. postponed beyond August of 1993), Taco Caliente agrees to install irrigated turf (bluegrass sod) in lieu of the temporary river rock." Condition number three is that the Board had asked that there be no window signage as it shows on the present structure. Mr. Shepard stated that the applicant met the condition with a note on the final site plan, which states: "At the time of Final P.U.D., the site plan and elevations shall indicate that there will be no temporary window signage. The etched glass window on the west elevation is an exception that may be allowed." Mr. Shepard noted to the board that the height of the perimeter fence had been raised and now equals the height of the menu board. The west monument sign had been upgraded so that the pedestal is now the brick which is to be salvaged off the garage. Mr. Shepard also pointed out that two signs will be put at the point of entry which will be on a hinge that state, "Welcome to Taco Bell", then at midnight the sign will hinge down and read, "Drive-thru Open/Dining Room and Parking Lot Closed." Mr. Shepard stated that the final modification would be of the primary monument sign, which had been modified to include a two-line readerboard. The readerboard was intended to advertise temporary sale items that would otherwise be painted on the windows. Mr. Al Hauser, Architecture One, felt that Mr. Shepard summarized the conditions and the suggestions as they had addressed them and feels that nothing further could be added. Chairman Strom pointed out that a recommendation had been made that a variance be considered to the language on approval of a final P.U.D. separately and prior to the consideration of the item. Chairman Strom asked for public input. Mr. Robin Cuany, 1523 Remington Street, questioned the use of the term RH and the noise ordinances. Mr. Cuany asked what time noises are supposed to cease in residential areas. Mr. Cuany stated that if one allows the applicant to keep the restaurant open till 1 a.m. that it would not be appropriate to have that kind of noise in a residential area. Mr. Cuany stated that there was no objection to having a restaurant there, but that the residents would like to have quietness at night. The third point he brought up was the hour of opening and closing on a weekday. Chairman Strom asked for an itemization of the hours. 12 4 P & Z MINUTES January 27, 1992 Mr. Shepard stated that the dining room starting with Sunday would close at 12 a.m., the drive- thru at 1 a.m.; Monday - Wednesday the dining room would close at 1 a.m., the drive-thru at 1 a.m.; Thursday the dining room would close at 2 a.m., the drive-thru at 2 a.m., and finally on Friday/Saturday the dining room would close at 12 a.m., and the drive-thru at 3 a.m. Mr. Shepard pointed out that he would get Mr. Cuany a copy of the schedule. Mr. Cuany stated that he did not find the late hours to be acceptable for a residential district. Mr. Eckman presented the noise ordinance in Section 20-23 that 7 a.m. to 7 p.m. maximum noise level aloud was 55 decibels and from 7 p.m. to 7 a.m. it was 50 decibels. Mr. Eckman stated that there was a process that the residents could bring to the Police Department to check and enforce the ordinance. Chairman Strom closed the public input session. Member Carroll asked Mr. Eckman if by approving the final that it would not override the noise ordinance. In other words if the restaurant or any use exceeds the decibel levels allowed that would still be subject to a violation. Mr. Eckman agreed. Member Walker wanted to know what the rationale for adding the extra hour on Sunday evening was. Mr. Les Nordhagen, Taco Caliente, Inc., stated that the hours of which the restaurant had been operating under had been in affect for 9-1/2 years when he took over the operation. Mr. Nordhagen commented that the hours on Friday and Saturday had been shortened which were the main concerns with the neighbors. Member O'Dell stated that she was now concerned with the closing hours of Monday thru Thursday. Member O'Dell wanted to address the flow of business on those days and if the patrons tend to be less rowdy or are the problems being caused by just switching it over to Thursday night instead. Mr. Nordhagen responded that the hours had been in place for at least 9-1/2 years and as far as he knew Monday thru Thursday was never an issue to the neighbors. 13 i 'Y • P & Z MINUTES January 27, 1992 Member O'Dell moved to recommend approval of the request for the variance from the strict application of the LDGS, Section F4, B-1; which required the final plan be in substantial compliance with all conditions imposed by the Planning and Zoning Board. In order to allow the extension of the hours of operation of the drive-thru lane on Sunday evenings from midnight to 1 a.m. Member Carroll seconded the motion. Mr. Eckman asked if Member O'Dell would include as part of the motion of finding as to the equal to or better than characteristic. Member O'Dell felt that because of the mitigation efforts with the parking lot, specifically the signs that will be posted that the parking lot and the dining room are closed. Also that at least one property owner adjacent has agreed that this is reasonable. Due to the configuration of the site in which people can not recirculate back into the parking lot after exiting the drive-thru area that this would meet the criteria that it is equal to or better than the proposed previous plan. Member Carroll accepted the second part of the motion. The motion to recommend approval carried 7-0. Member Walker asked staff if the hinge sign in the parking lot was noted on the plan. Mr. Shepard agreed that was noted on the plan and that it was also a schematic that the sign will not exceed 4 sq. ft. Member Walker then wanted to clarify that the dimensions of the perimeter fence height and the menu board were also spelled out on the plan. Mr. Shepard agreed. Member Cottier moved to recommend approval of the Taco Bell Restaurant P.U.D. - Final, #50-90A. Member O'Dell seconded the motion. The motion to approve carried 7-0. 14