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HomeMy WebLinkAboutCAMERA CORNER INC PUD PRELIMINARY AND FINAL - 34 92, A - MINUTES/NOTES - CORRESPONDENCE-NEIGHBORHOOD MEETINGSUNS ARY The following are QUESTIONS, CONCERNS, and RESPONSES expressed at a Neighborhood Meeting for Colorado Camera Repair PUD. The applicant currently operates a home occupation camera repair business in an existing house located at the northwest corner of Shields Street and Prospect Road. The applicant is proposing to vacate the residence and would like to continue the camera repair business at the site. The property is zoned RL, Low Density Residential. Business uses are not a "use by right" in this zone. The proposal would therefore be reviewed as a Planned Unit Development, and must meet the criteria of the Land Development Guidance System. MEETING PLACE: Bennett Elementary School MEETING DATE: May 19, 1992 MEETING TIME: 7:00 p.m. CITY PLANNER: Kirsten Whetstone COMMENTS, QUESTIONS, CONCERNS 1. What are the legal requirements that are filed with a PUD? What would a use description look like? What is the document which restricts the uses that would be allowed in a PUD?' Is it an actual physical document or is it the record of the Planning and Zoning Board meeting? A 24" by 36" mylar "PUD plan" is filed with the County and the City Clerk after a PUD is approved by the Planning and Zoning Board. This "PUD plan" is made up of a site and landscape plan; a vicinity map; a legal description; land use information; specific notes related to parking, number of employees, and number of dwelling units; a list of uses allowed; a list of uses specifically not allowed; information on signage and exterior lighting; etc. The minutes of the Planning and Zoning Board hearing record the official vote and spell out any special conditions which the Board has placed on the approval. This information is transferred to the mylar "PUD plan" before it is officially filed. Anything that is in the file, such as the staff report, also becomes part of the official record. In addition to the "PUD plan" there are often Utility plans, a subdivision plat, site and landscape covenants, development agreements between the City and the developer concerning public improvements, and any other documents which complete the PUD, such as traffic studies, drainage reports and soils reports. These are all legal requirements of the PUD. 2. Why even have a business use in this location, when the property is, zoned for residential uses. The existing business use is categorized as a home occupation because it meets the specifications of a home occupation. We feel that the street widening projects will impact our residence. We feel it is not going to be a place for our family to live in the future. If we move out, then the business is no longer considered a home occupation. In order to continue to operate the business from this location, we have been told by the City that we have to submit a PUD. A business use can be allowed in a residential zone, provided it is part of a PUD, and provided that the PUD resolves conflicts with neighboring uses. We' feel that we can resolve the conflicts and therefore we are proposing a PUD to allow us to continue to operate the Camera Repair Business at this site. 3. What about finding another location for the in -home business? We feel that this location really works for us. It takes time to get established at any location. We have been here a number of years and people associate us with this corner. Also, we like the location and.we would like to stay there. We have an interest in the neighborhood too, we don't want to see a commercial interest take over the corner, if we have to leave. We think if we are forced to sell, it is unlikely that someone would buy the house to live in, especially after Prospect and Shields .are fully widened. It is more likely that someone would turn it into a rental unit and it would go downhill, like the properties across the street. By having our business there, we would have a direct interest in maintaining the property, because we would be there every day. 4. Do you.plan to change the focus of the business? Any business evolves over time. I do mostly repairs now with some retail, as much as the home occupation law allows. Mostly, the business occupies the basement now. There is a small area on the main floor for a service counter. What we plan to do is move the business up to the main floor and have the option of creating a two bedroom apartment in the basement. I envision doing more retail sales than we do now, but I couldn't really say how much more. The amount of floor area is limited, maybe 1000 square feet or less. Also we will always be limited by the amount of parking. If a potential customer can't find a place to park, they will drive on by. We want to be honest and up front on the PUD. We have been advised by the City to ask for approval for what we think we would realistically be doing on the property in the near future. . 5. Has parking been a problem with this home occupation business? No, not really. 6. That is a difficult and busy intersection. Will your proposal effect the operation of the intersection? I don't think so. We don't really see the business being that much busier, and we wouldn't be living there so some of our trips to and from the house would be eliminated. We would have to provide enough parking for the customers, employees; and possible tenants. The City has certain requirements for parking based on the square footage of the business and we would have to meet that. We don't propose to change the current access point, that would stay as is, until the City widening project comes along. 7. I think that the PUD opens the door to other business uses in this area, an area that is currently residential. Even if the Donaldsons' don't change the use, the PUD would, because it would allow business uses there. 8. It is important to us to maintain the residential character of the neighborhood. We want to prevent commercial uses from marching down Shields Street creating a strip of commercial development from Prospect to Elizabeth., or Laurel Street. It is important for us as well to maintain the residential character, we don't propose any changes to the exterior, or to any of the property. The City will be making the changes to the landscaping with the widening project. We propose to keep the residential character of the site and to continue to operate our business at the same time. 9. Willyou have enough parking or will customers be parking along Prospect? We will have enough parking for the amount of retail floor area that we would have. But, we will check with the City's requirements to be sure. We would provide all of the parking on site, not along Prospect Road. 10. If this PUD is allowed, it would set a precedent for other people to get PUD's. The Planning Department would look more favorably on future PUD's because the neighboring properties would be PUD's and they would say they are compatible. This one PUD could unzip the neighborhood. But a PUD is much more restrictive than a zoning change. We would be on a short leash as far as what we could do. I assume it would all be spelled out on the PUD, including, the amount of floor area for retail, the number of employees, the number of residential units, and maybe even what color the house would be. It isn't just a change in the Zone. Every other PUD would have restrictions as well. It seems to me that there would be a lot of control with these PUD's as to keeping the residential character while recognizing that home occupation type businesses could be compatible. 11. Our experience with violations to the requirements of the PUD's is that it is up to the neighborhood to file a complaint. The City doesn't go around checking for violations. Therefore, if this PUD is approved; we would have to keep track of what goes on there to make sure that the requirements aren't violated. It becomes the neighborhoods responsibility and that can really burden the neighborhood. 12. That seems unfair to the neighborhood. 13. There are violations to the Landmark PUD which the City has never corrected. Some landscaping that was supposed to be put in, never did get planted. We can check into that. Normally, before an owner is issued a certificate of occupancy (C.O.), the project planner and building inspector take a copy of the site and landscape plan out to the site and check to make sure that everything is done as shown on the plans. We do count bushes, shrubs, trees, and parking spaces among other things. If something is missing, we hold onto the C.O. until it is corrected. If a tree or shrub dies or is removed later, it is more difficult, but if it is called to our attention, we will look into it. 14. I don't have much confidence in the City's ability to police these PUD's that get approved all over town. 15. Would it be possible for the Donaldsons' to file a legal statement saying that they would agree to dissolve the PUD if they ever sold it? I suppose so, that is a legal matter between two private parties and the City would not be involved. 16. Can a PUD be dissolved with the sale of the property? The PUD is approved for the site. PUD approval goes with the property, it is not granted to individuals. PUD approval is not based on who owns the property. It is based on the criteria of the Land Development Guidance System. The assumption is that if the requirements of the PUD are sufficient to meet the criteria and to mitigate impacts on surrounding properties, then the PUD is allowed at that location, regardless of ownership. 17. The City has a moral responsibility for what is happening to innocent property owners. This is piece -meal development with no overall plan for the results. The Choices 95 projects were voted on by the people of Fort Collins, but there should be an overall plan in place for the consequences of those projects. Individuals should not have to go through this process when it is something the City (meaning the people of Fort Collins) have voted for. 18. I think there should be an overall plan for this neighborhood. Maybe the plan would show that this intersection project shouldn't happen at all. The improvement project still needs action by Council, it is not set in stone. Maybe this is the solution to the Donaldsons' dilemma. If the intersection were not being widened, then they wouldn't be asking for this PUD. 19. Can we check with the Zoning Department to see if there is some other way that the Donaldsons' can continue operating the home occupation business, but not live there? We can check into it, but the Zoning Board of Appeals does not grant variances to land use. That is why the PUD is being requested. It is the only way, except to ask for a rezoning, to permit this use at this location. 20. I don't want a PUD there. 21. I don't want a PUD that goes with the property. If it was just for the Donaldsons', then that would be fine. I have no objections to them continuing to operate their camera repair business there. I just don't want them to be able to sell the PUD to someone else who we don't know, who might not operate the place the same way. PROJECT: c'� � �m6-4 &PAID TYPE OF MEETING: A1916 ddu- e) jiJfp�nR7/U/,i DATE: NWA:-� 19, 199Z NAME ADDRESS W RITT EN NOTIFICATION YES/NO O%l'VER RENT mot•, A. Gv�e, e, ,u/4 I - _- _� A ✓ ,gin ��en,' /J�� - �� /moo ai n .`> Ic}4W L tB'j Xt4F ISOS S. SHIELD5 ST Yr5 II oV) 141 k oIrKdS� �; h No I I ( I ( I