HomeMy WebLinkAboutCAMERA CORNER INC PUD FINAL - 34 92A - DECISION - MINUTES/NOTESPLANNING AND ZONING BOARD
MEETING MPNUTES
August 24, Im
The regular meeting of the Planning and Zoning Board was called to order at 6:35 p.m. in the
Council Chambers of City Hall West, 300 Laporte Avenue, Fort Collins, Colorado. Board
members present included Chairman Bernie Strom, Joe Carroll, Jim Klataske, Laurie O'Dell,
Jan Cottier and Rene Clements -Cooney. Vice -Chair Lloyd Walker was absent.
Staff members present included Chief Planner Sherry Albertson -Clark, Ted Shepard, Kirsten
Whetstone, Steve OR, Mike Herzig, Deputy City Attorney Paul Eckman, and Kayla Ballard.
Ms. Albertson -Clark presented the Consent Agenda which consisted of: Item 1 - Minutes of
the July 27, August 3, and August 10, 1992 P&Z meetings; Item 2 - West Elizabeth Plaza,
KFC, PUD - Preliminary, Case #51-88C; Item 3 - Marketplace, Lot 3, PUD - Final, Case
#21-89E; Item 4 -1st Interstate Bank PUD Drive-Thru Facility - Final, Case #92-84H; Item
5 - Lone Star Restaurant - Referral of Administrative Change to Fossil Creek Commercial
Plaza PUD, Lot 1, Case #154-78A. Ms. Albertson -Clark stated that Item 6 - Amendment to
the Sign Code for Neighborhood Commercial Areas, Case #38-92, and Item 7 - Timberline
Court Apartments PUD - Preliminary, Case #32-83D, were continued to the September 28, 1992
P&Z Board meeting.
Ms. Albertson -Clark presented the Discussion Agenda which consisted of: Item 8 - Silver Oaks
PUD - Amended Overall Development Plan, Case #14-88E; Item 9 - Camera Corner PUD -
Final, Case #34-92A, and; Item 10 - Paragon Point, Phase U, PUD - Preliminary, Case
#48-91 C.
Ron King, a member of the audience, requested that Item 2 - West Elizabeth Plaza, KFC, PUD
Preliminary be pulled for discussion.
Chairman Strom requested that Item 4 - 1st Interstate Bank PUD Drive-Thru Facility Final be
pulled for discussion.
Member Cottier moved to approve Consent Agenda items 1, 3, 5, 6 and 7. Member O'Dell
seconded the motion. The motion to approve passed 6-0.
Ron King, owner of 2200 W. Elizabeth, stated that his intent was to, in the future, develop that
property under its planned designation. He asked the Board for consideration in access to his
property and consideration for a variance of the size of his property.
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Planning and Zoning Board
Meeting Minutes
August 24, 1992
Page 6
with that Board action. A secondary use takes away the vagueness of other uses that may be
considered. The variance criteria would still have to be satisfied for the neighborhood center.
Member O'Dell moved to approve Silver Oaks Amended Overall Development Plan with
the condition that Tract E be redesignated to retail/commercial/office/business service as
a primary use with neighborhood convenience center as a secondary use. Approval of
neighborhood convenience center as a secondary would not be subject to an amended ODP.
Member Clements -Cooney seconded the motion. The motion to approve passed 6-0.
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Sherry Albertson -Clark gave a brief description of the proposed project. She stated that she had
distributed to the Board eleven proposed points of refinement presented by the Prospect/Shields
Neighborhood Association at the July 27, 1992 P&Z Board meeting. She stated that Point 4 has
been amended since the P&Z worksession to state that the existing signage would be retained
at the site but there would be a limitation to any future exterior advertising that would be related
to the home occupation.
Member Carroll asked if these 11 points would be part of the final or should they be conditions.
Ms. Albertson -Clark replied that to keep the record straight, they should be conditions which
would be carried through and placed on the final site plan.
Doug Donaldson, applicant and owner of Camera Corner, stated that he has a variance on the
in -home business sign requirement.
PUBLIC INPUT
Emily Smith, 1000 W. Prospect and Vice -President of the Prospect/Shields Neighborhood
Association, stated that the proposed wording satisfies the association's intent to protect the
residential character of Shields Street. Therefore, the association board endorses the restrictions
and conditions as legally defined by staff and the City Attorney's office.
Harold Worth, 1501 S. Shields, requested that the Camera Corner PUD be denied. He stated
that regardless of how limited the PUD for this property may be, it is a conversion of the
property to an on -going commercial use. Once that precedent is set, the neighborhood has lost
the battle. There will be little grounds for denying further commercial intrusions on Shields
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Planning and Zoning Board
Meeting Minutes
August 24, 1992
Page 7
Street and Prospect Road. Traffic, pollution and noise have become worse. Properties have
deteriorated and the numbers of vehicle traffic have increased. He requested that the Board
carefully consider the eventual consequences of opening this critical neighborhood to further
commercial development and deny this proposal.
The public input was closed at this time.
Member Clements -Cooney commented that the negative impact of the expansion of Shields Street
will impact this property. She believed that this proposal would decrease livability. She
believed that if the 11 proposed conditions were adopted a precedence would not be set for
commercial in this neighborhood but would establish a middle ground for a piece of property
that is negatively impacted by the needs of the expansion of Shields Street.
Member Carroll commented that he believed the proposed plan was in conformance with the
approved preliminary plan.
Member Carroll moved approval of Camera Corner, Inc. PUD Final with the following
conditions: 1) such business use shall be conducted entirely within a dwelling with
residential use included in the dwelling; 2) such business use shall not change the residential
character of the existing building; 3) the total area used for business use shall not exceed
one-half the floor area of the dwelling; 4) there shall be no exterior advertising other than
identification of the business and such identification must conform to the City of Fort
Collins Sign Code, as it relaters to Home Occupations. In this instance, existing signage
shall be retained; 5) there shall be no exterior (outside) sale of stocks, supplies, or products
on the premises; 6) there shall be no storage on the premises of material or equipment used
as a part of the business, other than in the dwelling or existing related structures; 7) there
shall be no noise levels that exceed Section 20-22 of the City of Fort Collins Code
(Unreasonable Noise), nor any vibration, smoke dust, odor, heat or glare noticeable at or
beyond the property lines; 8) such business shall provide off-street parking to accommodate
all needs created by the business, which in this instance, is ten (10) parking spaces; 9) the
business use approved is limited to the sales nd service of photographic related products;
10) the area of the dwelling devoted to retail sales shall not exceed 600 square feet in size;
and 11) the number of employees shall be limited to three (3), including the business owner
and two additional employees. Member Cottier seconded the motion.
Member Cottier commented that this was a great example of the neighborhood association
working together with the proposal. Without their cooperation, the 11 restrictions would not
have been derived and accepted by Mr. Donaldson.
Planning and Zoning Board
Meeting Minutes
August 24, 1992
Page 8
Chairman Strom expressed that he did not believe that this was a precedent. He stated that this
was a unique property with a unique set of circumstances. He believed that the conditions would
be effective in maintaining the property in the same context that it is currently in and will allow
the owner a reasonable use of the property and help alleviate the adverse affects of some
substantial improvements of that corner.
The motion to approve passed 6-0.
PARAGON POINT, PHASE H. PUD - PRELIMINARY - CASE #48-91C
Ted Shepard gave a brief description of the proposed project.
Steve Human, TST Engineers, was present to answer any questions from the Board.
PUBLIC INPUT
Walter Gates, 1431 Front Nine Drive and President of Southridge Greens Homeowners'
Association, stated the neighborhood was pleased with the development of Paragon Point. He
stated that one of the original concerns was the road from Lemay to Trilby. He believed that
the traffic coming out of Southridge Greens and moving south along that road should be of
concern. He believed that development of the extension of Southridge Greens Boulevard should
be in conjunction with this project.
The public input was closed at this time.
Jim Sell, Jim Sell Design, stated that there were no new issues however, they have requested
three variances on this proposal which consisted of narrower streets on the cul-de-sacs, lessening
the overall density of three dwelling units per acre, and granting a variance from the requirement
that 65 % of the lots be oriented to within 30 degrees of a true east -west line.
Member Cottier asked what would happen if the developer wished to come before the Board
with a final and the Fossil Creek stabilization study were not complete.
Mr. Shepard replied that this has been discussed and if that happened, the item would be
continued an additional month until the study is complete.
Member O'Dell moved to approve Paragon Point Phase II Preliminary PUD with the
following two variance requests and one condition: 1) The first variance has to do with