HomeMy WebLinkAboutKING SOOPERS STORE #9 REMODEL - MOD - 10-09 - REPORTS - RECOMMENDATION/REPORTKing Soopers Remodel & Addition, Modification of Standard - Filing #10-09
April 16, 2009 Planning & Zoning Board Public Hearing
Page 7
existing sidewalk along West Elizabeth Street to help soften and buffer the new
north face that would be 25' from the edge of the street and 20' from the edge of the
public sidewalk. By not requiring a customer entrance on the north side it is possible
to provide more landscaping along the building fagade. King Soopers will be shifting
their primary customer entrance on the east side 90' to the north, bringing it that
much closer to the public sidewalk along West Elizabeth Street with a direct
walkway to the entrance. That new distance will be approximately 140'. Also, the
original King Soopers building was constructed in June, 1977, with a configuration
and layout relevant for the supermarket at that time. The current, proposed layout of
the store would place any new entry in the north east corner. This entry would be
isolated from store management, customer service and checkout facilities. There is
great concern that such a location would encourage theft and be a potential danger
as this entry couldn't be monitored in the usual fashion. Therefore, staff has
determined that there is sufficient justification to grant the Modification of the
Standard as requested, based on the criteria set forth in Sections 2.8.2(H)(1) & (3)
of the LUC. The proposed plan as submitted will promote the general purpose of the
standard for which the modification is requested equally well or better than would a
plan which complies with the standard for which the modification is requested; and,
by reason of exceptional physical conditions or other extraordinary and exceptional
situations, unique to such property, including functional physical conditions, the
strict application of the standard sought to be modified would result in unusual and
exceptional practical difficulties, or exceptional or undue hardship upon the owner of
such property.
D. This request is only for a modification of the specific standard in Subsection
3.5.4(C)(3)(a) of the LUC. The applicant has submitted a Minor Amendment for the
proposed remodel of & addition to the existing King Soopers store. It is currently being
reviewed by the City separate from this request for a modification of standard.
7. RECOMMENDATION:
Staff recommends approval of the King Soopers Store #9 Remodel & Addition,
Modification of Standard - #10-09
King Soopers Remodel & Addition, Modification of Standard - Filing #10-09
April 16, 2009 Planning & Zoning Board Public Hearing
Page 6
the store would place any new entry in the north east corner. This entry would be
isolated from store management, customer service and checkout facilities. There is
great concern that such a location would encourage theft and be a potential danger
as this entry couldn't be monitored in the usual fashion. Therefore, staff has
determined that there is sufficient justification to grant the Modification of the
Standard as requested, based on the criteria set forth in Sections 2.8.2(H)(1) & (3)
of the LUC. The proposed plan as submitted will promote the general purpose of the
standard for which the modification is requested equally well or better than would a
plan which complies with the standard for which the modification is requested; and,
by reason of exceptional physical conditions or other extraordinary and exceptional
situations, unique to such property, including functional physical conditions, the
strict application of the standard sought to be modified would result in unusual and
exceptional practical difficulties, or exceptional or undue hardship upon the owner of
such property.
5. NEIGHBORHOOD MEETING:
The Cedarwood Plaza Shopping Center contains an existing land use (King Soopers
supermarket) that is permitted as Type 2 use, subject to a Planning & Zoning Board
review, in the NC, Neighborhood Commercial District. The current request is only for a
modification of the standard set forth in Subsection 3.5.4(C)(3)(a) of the LUC that requires
an operational customer entrance on the north elevation of the proposed building addition.
A neighborhood meeting is required for a Type 2 use; however, due to the nature of this
request for a modification of standard only, no meeting was held.
6. FINDINGS OF FACT/CONCLUSION:
A. The requested Modification of the Standard in Subsection 3.5.4.(C)(3)(a) of the Land
Use Code for the King Soopers Store #9 Remodel & Addition is subject to a Planning &
Zoning Board (Type 2) review.
B. Granting the requested modification would not be detrimental to the public good.
C. The requested Modification of Standard in Subsection 3.5.4(C)(3)(a) as submitted is
supported by the criteria set forth in Section 2.8.2(H)(1) of the LUC, based on the plan
being equal to or better than a plan which complies with the standard for which the
modification is requested.
The proposed King Soopers remodel & building addition would enlarge the existing
supermarket by 11,600 square feet, provide 2 customer entrances into the store on
the east (parking lot) side instead of just 1, and remodel the inside of the store.
Approximately 22 parking spaces will be displaced by the building addition. There
will be a significant amount of landscaping, in the form of ornamental and evergreen
trees and evergreen shrubs, in the area between the new building fagade and the
King Soopers Remodel & Addition, Modification of Standard - Filing #10-09
April 16, 2009 Planning & Zoning Board Public Hearing
Page 5
The proposed north elevations provide pedestrian point of entry to the arcade which
surrounds the Northeast corner and provide covered access to the main entry. This
expansion and remodel will allow Kings Soopers to better serve their Fort Collins
community by providing larger more accessible entry vestibules, a larger selection of
meats and produce, an expanded pharmacy with a private waiting area and new lounge
area. King Soopers remains committed to their Fort Collins patrons and hopes to complete
the planned remodel in 2009.
4. STAFF'S ANALYSIS OF MODIFICATION REQUEST
Section 3.5.4(C)(3) Site Design and Relationship to Surrounding Community, Subsection
3.5.4(C)(3)(a) Entrances of the LUC sets forth the requirement that: "At least two (2) sides
of a large retail establishment shall feature operational customer entrances. The two (2)
required sides shall be those that are planned to have the highest level of public
pedestrian activity, one (1) which shall also be the side that most directly faces a street
with pedestrian access". The Applicant's Modification of Standard request is to not require
that a customer entrance be provided on the north side of the proposed King Soopers
building addition in the Cedarwood Plaza Shopping Center.
In reviewing the proposed documentation provided by the Applicant for purposes of
determining whether it accomplishes the purposes of this section as required, Staff has
determined that:
Granting the requested modification would not be detrimental to the public
good and would not impair the intent and purposes of the LUC.
The proposed King Soopers remodel & building addition would enlarge the existing
supermarket by 11,600 square feet, provide 2 customer entrances into the store on
the east (parking lot) side instead of just 1, and remodel the inside of the store.
Approximately 22 parking spaces will be displaced by the building addition. There
will be a significant amount of landscaping, in the form of ornamental and evergreen
trees and evergreen shrubs, in the area between the new building fagade and the
existing sidewalk along West Elizabeth Street to help soften and buffer the new
north face that would be 25' from the edge of the street and 20' from the edge of the
public sidewalk. By not requiring a customer entrance on the north side it is possible
to provide more landscaping along the building fagade. King Soopers will be shifting
their primary customer entrance on the east side 90' to the north, bringing it that
much closer to the public sidewalk along West Elizabeth Street with a direct
walkway to the entrance. That new distance will be approximately 140'. Also, the
original King Soopers building was constructed in June, 1977, with a configuration
and layout relevant for the supermarket at that time. The current, proposed layout of
King Soopers Remodel & Addition, Modification of Standard - Filing #10-09
April 16, 2009 Planning & Zoning Board Public Hearing
Page 4
that such difficulties or hardship are not caused by the act or omission of the
applicant; or
(4) the plan as submitted will not diverge from the standards of the Land Use
Code that are authorized by this Division to be modified except in a nominal,
inconsequential way when considered from the perspective of the entire
development plan, and will continue to advance the purposes of the Land
Use Code as contained in Section 1.2.2. "
The Applicant has proposed that the modification of the standard would not be detrimental
to the public good and that it meets the requirements of Sections 2.8.2(H)(3) & (4) of the
LUC.
3. APPLICANT'S REQUEST
King Soopers has scheduled a remodel and expansion for the store located at the
Cedarwood Plaza Shopping Center. The scope of this remodel and expansion includes a
major east fagade renovation which will add a second entry and relocate the existing entry
90' to the north. The store is also adding approximately an 11,600 Sq.ft expansion to the
north side of the existing 57,000 sq.ft. store. These enhancements are illustrated in the
attached elevation and plans.
The exterior modifications will fully comply with the Section 3.5.4(C)(1)(a) Facades and
Exterior walls and Section 3.5.4(C)(1)(C) Detail Features of Section of the Ft. Collins Land
Use Code. We are applying for a Modification of Standard to 3.5.4(C)(3)(a) Site Design
and Relationship to the Surrounding Community which would require a new secondary
entry on the new north elevation. Current proposed elevations do not show a secondary
entry and we believe that the following support criteria justify this modification.
Ft. Collins Land Use Section 2.8.2 H (3) — Implementing the standard would result in
exceptional practical difficulties and undue hardship to the owner. The current layout of
the store would place any new entry in the north east corner. This entry would be isolated
from store management, customer service and checkout facilities. There is great concern
that such a location would encourage theft and be a potential danger as this entry couldn't
be monitored in the usual fashion. Additionally, the entry location would be difficult for
customers to navigate with a shopping cart.
Ft. Collins Land Use Section 2.8.2 H (4)- The existing King Soopers store is part of the
larger Cedarwood Plaza Shopping Center. The King Soopers is currently attached to
several liner stores each feature store front and distinctive entry. The liner stores face both
major cross streets S. Taft Hill Road and W. Elizabeth. The liner stores serve the intent of
section 3.5.4(C)(3)(a) Site Design and Relationship to the Surrounding Community which
would render the elimination north entry to King Soopers inconsequential.
King Soopers Remodel & Addition, Modification of Standard - Filing #10-09
April 16, 2009 Planning & Zoning Board Public Hearing
Page 3
The subject property remained part of Tract "A" with the Replat of the Miller Brothers
Foothills Subdivision, Sixth Filing in August, 1962.
2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS
This request is for a modification of a standard in the following section of the LUC:
Section 3.5.4(C)(3) Site Design and Relationship to Surrounding Community, Subsection
3.5.4(C)(3)(a) Entrances, which states (in part) that:
At least two (2) sides of a large retail establishment shall feature operational customer
entrances. The two (2) required sides shall be those that are planned to have the
highest level of public pedestrian activity, one (1) which shall also be the side that most
directly faces a street with pedestrian access. The other of the two (2) sides having an
operational customer entrance may face a second street with pedestrian access,
and/or a main parking lot area.
As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the
decision maker may grant a modification of standards only if it finds that the granting of the
modification would not be detrimental to the public good, and that:
(1) the plan as submitted will promote the general purpose of the standard for
which the modification is requested equally well or better than would a plan
which complies with the standard for which a modification is requested; or
(2) the granting of a modification from the strict application of any standard
would, without impairing the intent and purpose of this Land Use Code,
substantially alleviate an existing, defined and described problem of city-wide
concern or would result in a substantial benefit to the city by reason of the
fact that the proposed project would substantially address an important
community need specifically and expressly defined and described in the
City's Comprehensive Plan or in an adopted policy, ordinance or resolution of
the City Council, and the strict application of such a standard would render
the project practically infeasible; or
(3) by reason of exceptional physical conditions or other extraordinary and
exceptional situations, unique to such property, including, but not limited to,
physical conditions such as exceptional narrowness, shallowness or
topography, or physical conditions which hinder the owner's ability to install a
solar energy system, the strict application of the standard sought to be
modified would result in unusual and exceptional practical difficulties, or
exceptional or undue hardship upon the owner of such property, provided
King Soopers Remodel & Addition, Modification of Standard - Filing #10-09
April 16, 2009 Planning & Zoning Board Public Hearing
Page 2
EXECUTIVE SUMMARY:
The Applicant has submitted an application with a request for a modification of the
standard as set forth in Section 3.5.4(C)(3) Site Design and Relationship to Surrounding
Community, Subsection 3.5.4(C)(3)(a) Entrances of the LUC regarding the requirement
that at least two (2) sides of a large retail establishment feature operational customer
entrances. The existing entrance into King Soopers is on the east side of the building,
which was built in June, 1977. The proposed building addition does not contain a public
entrance on the north side and, therefore, does not satisfy this requirement. This section
states (in part) that:
• At least two (2) sides of a large retail establishment shall feature operational
customer entrances. The two (2) required sides shall be those that are planned
to have the highest level of public pedestrian activity, one (1) which shall also be
the side that most directly faces a street with pedestrian access. The other of the
two (2) sides having an operational customer entrance may face a second street
with pedestrian access, and/or a main parking lot area.
This application for a modification of the standard requests that the Planning & Zoning
Board determine if the modification request meets the intent of the LUC. This request is
only for a modification of the specific standard in Subsection 3.5.4(C)(3)(a) of the LUC.
The actual building remodel & addition is being reviewed through the City's Minor
Amendment process.
COMMENTS
1. BACKGROUND
The surrounding zoning and land uses (outside of the Cedarwood Plaza Shopping Center)
are as follows:
N: NC;
E: RL;
S: RL;
W: RL, MMN;
existing commercial
existing residential
existing residential
existing residential
The property was annexed into the City in November, 1960 as part of the Miller Brothers
Tenth Foothills Annexation.
The subject property was platted a portion of Tract "A" of the Miller Brothers Foothills
Subdivision, Sixth Filing in October, 1960.
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MEETING DATE /t, 101
STAFF e Dkt
PLANNING & ZONING BOARD
PROJECT: King Soopers Store #9 Remodel & Addition, Modification of Standard -
#10-09
APPLICANT: Mitchell Plus Associates
c/o Matt Tartar
2680 18th Street, Suite 100
Denver, Colorado 80211
OWNER: Cedarwood Plaza LLC
6500 South Quebec Street, Suite 100
Englewood, Colorado 80111
PROJECT DESCRIPTION:
The existing King Soopers Supermarket in the Cedarwood Plaza Shopping Center is
proposing an 11,600 square foot building addition on the north end of its existing building,
which is being reviewed through the City of Fort Collins Minor Amendment process. This
request going to the Planning & Zoning Board is only to consider a modification of one (1)
standard set forth in the City's Land Use Code (LUC). The request for a modification of
standard is as follows:
Section 3.5.4(C)(3) Site Design and Relationship to Surrounding Community,
Subsection 3.5.4(C)(3)(a) Entrances. This section requires that at least two (2)
sides of a large retail establishment feature operational customer entrances. The
existing entrance into King Soopers is on the east side of the building. The
proposed building addition does not contain a public entrance on the north side and,
therefore, does not satisfy this requirement. The Planning & Zoning Board is
authorized to make a decision on this request.
The Cedarwood Plaza Shopping Center is located at the southwest corner of South Taft
Hill Road and West Elizabeth Street and is zoned NC, Neighborhood Commercial.
RECOMMENDATION: Approval
Current Planning 281 N College Av PO Box 580 Fort Collins, CO 80522-0580
fcgov.com/currentplanning 970.221.6750