HomeMy WebLinkAboutTESTA BEAUTY SALON, 1635 S. LEMAY AVE. - PDP - 12-07 - REPORTS - RECOMMENDATION/REPORTTesta Beauty Salon (1635 South Lemay Avenue, Project Development Plan, #12-07
July 16, 2007 Administrative Hearing
Page 12
RECOMMENDATION:
Staff recommends approval of the alternative compliance plan to the standard in
Section 3.2.1(13)(5) of the Land Use Code.
Staff recommends approval of the request for a modification to the standard in Section
3.4.1(E)(2)(a) of the Land Use Code.
Staff recommends approval of the Testa Beauty Salon (1635 South Lemay Avenue),
Project Development Plan - #12-07.
Testa Beauty Salon (1635 South Lemay Avenue, Project Development Plan, #12-07
July 16, 2007 Administrative Hearing
Page 11
on March 22, 2007, with one condition. The condition is being satisfied
with this PDP.
• The standard located in Section 3.4.1(E)(2)(a) - Development Activities
Within the Buffer Zone. The plan as submitted does not fully satisfy this
section of the LUC.
Staff has determined that the development plan as submitted is not
detrimental to the public good and that by reason of exceptional
physical conditions or other extraordinary and exceptional
situations, unique to the property, 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, as set forth in Section 2.8.2(H)(3) of the LUC. Due
to the location of the existing building relative to the "Limits of
Natural Area Buffer", the ability to provide the required pedestrian
connection between the front entry of the beauty salon to the public
sidewalk along South Lemay Avenue without encroaching into the
buffer area is infeasible. The 4' wide sidewalk will encroach into the
buffer area a distance of 3' - 5' for a linear distance 73'. The
decision maker may allow disturbance or construction activity within
the buffer zone for the following purpose:
Construction of a trail or pedestrian walkway that will provide
public access for educational or recreational purposes
provided that the trail or walkway is compatible with the
ecological character or wildlife use of the natural habitat or
feature.
The proposed pedestrian walkway will not only satisfy the standard
set forth in Section 3.5.3 - Orientation to a Connecting Walkway but
will also serve the purpose of providing a direct access to the
Spring Creek public recreation trail just to the south of this property,
without compromising the integrity of the ecological character or
wildlife use of the natural area.
C. The Testa Beauty Salon (1635 South Lemay Avenue), PDP complies with all
applicable Land Use and Development Standards contained in ARTICLE 4 -
DISTRICTS, Division 4.23 Neighborhood Commercial of the LUC.
Testa Beauty Salon (1635 South Lemay Avenue, Project Development Plan, #12-07
July 16, 2007 Administrative Hearing
Page 10
5. Findings of Fact/Conclusion:
A. The Testa Beauty Salon (1635 South Lemay Avenue), PDP proposal contains a
use permitted in the Neighborhood Commercial Zoning District, subject to an
administrative review and public hearing.
B. The Testa Beauty Salon (1635 South Lemay Avenue), PDP meets all applicable
standards as put forth in ARTICLE 3 - GENERAL DEVELOPMENT
STANDARDS of the LUC, including Division 3.2 - Site Planning and Design
Standards; Division 3.3 - Engineering Standards; Division 3.4 -
Environmental, Natural, and Cultural; and, Section 3.6 -Transportation and
Circulation, with the following exceptions:
• The standard located in Section 3.2.1(13)(5) - Parking Lot Interior
Landscaping. The plan as submitted does not satisfy this section of the
LUC. There are 2 parking areas (one in front of the building containing 4
parking spaces and one to the rear of the building containing 3 surface
parking spaces and 1 space in the existing garage. No landscaping
satisfying the interior landscaping definition is being proposed.
Staff has determined that the ability to provide the required interior
landscaping in the parking areas is not feasible due to the limited
space in front of and behind the existing building while providing
the allowable 8 parking spaces. Although the LUC defines the on -
site parking as one "area" it, in reality, appears to be two separate
areas with 4 spaces each. In that case, no interior landscaping
would be necessary. Also, there is the "Limits of Natural Area
Buffer' (to Spring Creek) that prohibits the ability to enlarge the
parking "areas" and include interior landscaping. Therefore, staff
has determined that the proposed alternative plan accomplishes
the purposes of this Section equally well than a plan which
complies with the standards of this Section.
• The standard located in Section 3.2.2(K)(2)(a) - Nonresidential Parking
Requirements. The plan as submitted contains 8 parking spaces for the
proposed personal service shop (beauty salon) building that is 1,008
square feet in size. This section of the LUC allows a maximum of 4
parking spaces per 1,000 square feet of leasable floor area for Personal
Business and Service Shop uses, which would equate to 4 parking spaces
on -site for this change -of -use. A modification of the standard to allow 8
parking spaces on -site was approved by the administrative hearing officer
Testa Beauty Salon (1635 South Lemay Avenue, Project Development Plan, #12-07
July 16, 2007 Administrative Hearing
Page 9
4. ARTICLE 4 - DISTRICTS
A. Division 4.23 - Neighborhood Commercial District
Personal and Business Service Shops are permitted in the NC - Neighborhood
Commercial Zoning District, subject to an administrative (Type 1) review. The NC
District is:
Intended to be a mixed -use commercial core area anchored by a supermarket or
grocery store and a transit stop. The main purpose of this District is to meet
consumer demands for frequently needed goods and services, with an emphasis
on serving the surrounding residential neighborhoods typically including a
Medium Density Mixed -Use Neighborhood. In addition to retail and service uses,
the District may include neighborhood -oriented uses such as schools,
employment, day care, parks, small civic facilities, as well as residential uses.
This District is intended to function together with a surrounding Medium Density
Mixed -Use Neighborhood, which in turn serves as a transition and a link to larger
surrounding low density neighborhoods. The intent is for the component zone
districts to form an integral, town -like pattern of development with this District as
a center and focal point; and not merely a series of individual development
projects in separate zone districts.
This proposal complies with the purpose of the NC District as it is a small infill
redevelopment (change -of -use) project that provides a personal service use (beauty
salon) on a property that is entirely surrounded by developed properties containing
residential, retail, church, school, general & medical office uses and a community park.
Section 4.23(D) Land Use Standards
The proposal satisfies the applicable land use standards in the NC - Neighborhood
Commercial Zoning District.
Section 4.23(E) Development Standards
The proposal satisfies the applicable development standards in the NC - Neighborhood
Commercial Zoning District.
Testa Beauty Salon (1635 South Lemay Avenue, Project Development Plan, #12-07
July 16, 2007 Administrative Hearing
Page 8
Staffs Evaluation:
In evaluating the proposed modification of the standard set forth in Section
3.4.1(E)(2)(a) under Development Activities Within the Buffer Zone, staff has
determined that the development plan as submitted is not detrimental to the public good
and that by reason of exceptional physical conditions or other extraordinary and
exceptional situations, unique to the property, 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, as set forth in Section 2.8.2(H)(3) of the
LUC. Due to the location of the existing building relative to the "Limits of Natural Area
Buffer', the ability to provide the required pedestrian connection between the front entry
of the beauty salon to the public sidewalk along South Lemay Avenue without
encroaching into the buffer area is infeasible. The 4' wide sidewalk will encroach into
the buffer area a distance of 3' - 5' for a linear distance 73'. The decision maker may
allow disturbance or construction activity within the buffer zone for the following
purpose:
Construction of a trail or pedestrian walkway that will provide public
access for educational or recreational purposes provided that the trail or
walkway is compatible with the ecological character or wildlife use of the
natural habitat or feature.
The proposed pedestrian walkway will not only satisfy the standard set forth in Section
3.5.3 - Orientation to a Connecting Walkway but will also serve the purpose of providing
a direct access to the Spring Creek public recreation trail just to the south of this
property, without compromising the integrity of the ecological character or wildlife use of
the natural area.
D. Division 3.6 - Transportation and Circulation
Section 3.6.4. Transportation Level of Service Requirements
The City of Fort Collins Traffic Engineer has waived the requirement for a
Transportation Impact Study that sets forth the applicable Transportation Level of
Service standards for development.
Testa Beauty Salon (1635 South Lemay Avenue, Project Development Plan, #12-07
July 16, 2007 Administrative Hearing
Page 7
As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the
Planning and Zoning Board 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 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)(2) & (3) of the LUC.
Applicant's Request:
See the Application for Modification of Standards — Spring Creek Buffer request
attached to this Staff Report.
Testa Beauty Salon (1635 South Lemay Avenue, Project Development Plan, #12-07
July 16, 2007 Administrative Hearing
Page 6
parking spaces on -site was approved by the administrative hearing officer on
March 22, 2007, with one condition. The condition states:
The Applicant shall provide landscape screening at the following locations
at the perimeter of surface parking areas. Plant material used within the
landscaped areas shall be of a type, size and configuration to achieve
opacity in its winter seasonal condition within three years of parking area
construction:
1) Between the parking area and the street within a planting strip a
minimum of five feet in width; and
2) Along the south and west sides of the parking area.
The condition is being satisfied with this PDP. See Section 3.2.1(E)(5), page 4
(above), of this Staff Report for a description of the proposed parking lot
perimeter landscaping.
B. Division 3.3 - Engineering Standards
Section 3.3.1. Plat Standards
The proposal complies with the general plat requirements as set forth in this section.
Section 3.3.5. Engineering Design Standards
The project complies with all design standards, requirements and specifications for
services as stated in this section of the LUC.
C. Division 3.4 - Environmental, Natural, and Cultural
Section 3.4.1. Natural Habitats and Features
The project complies with the requirements set forth in this section of the LUC, with the
exception of Section 3.4.1(E)(2)(a) - Development Activities Within the Buffer Zone. The
Applicant is requesting that a connection pedestrian walkway between the front entry to
the building and the public sidewalk be permitted to encroach in the "Limits of Natural
Area Buffer'. A request for a modification of this standard has been submitted for
review.
Testa Beauty Salon (1635 South Lemay Avenue) - Project Development Plan - #12-07
July 16, 2007 Administrative Hearing
Page 5
In approving an alternative plan, the decision maker shall find that the proposed
alternative plan accomplishes the purposes of this Section equally well or better
than a plan which complies with the standards of this Section.
In reviewing the proposed alternative plan, the decision maker shall take into
account whether the alternative design enhances neighborhood continuity and
connectivity, fosters nonvehicular access, and preserves existing natural or
topographic conditions on the site.
Applicant's Request:
See the Alternative Compliance — Interior Parking Lot Landscaping request
attached to this Staff Report.
Staffs Evaluation:
In evaluating the applicant's alternative compliance request, staff has determined that
the ability to provide the required interior landscaping in the parking areas is not
feasible due to the limited space in front of and behind the existing building while
providing the allowable 8 parking spaces. Although the LUC defines the on -site parking
as one "area" it, in reality, appears to be two separate areas with 4 spaces each. In that
case, no interior landscaping would be necessary. Also, there is the "Limits of Natural
Area Buffer" (to Spring Creek) that prohibits the ability to enlarge the parking "areas"
and include interior landscaping. Therefore, staff has determined that the proposed
alternative plan accomplishes the purposes of this Section equally well than a plan
which complies with the standards of this Section.
Section 3.2.2. Access, Circulation and Parking
The proposal satisfies the applicable Access, Circulation and Parking standards,
including the following:
Direct On -site Access to Pedestrian and Bicycle Destinations. The
development proposal satisfies the standard set forth in Section 3.2.2(C)(6) in
that the on -site pedestrian and bicycle circulation system is designed to provide
for direct connections to major pedestrian and bicycle destinations, including the
existing community park to the east of the development.
Required number of parking spaces. Section 3.2.2(K)(2)(a) sets forth
maximum parking allowances for non-residential land uses. The development
proposal exceeds the parking allowance set forth in the LUC for the non-
residential use in this project. However, a modification of the standard to allow 8
Testa Beauty Salon (1635 South Lemay Avenue) - Project Development Plan - #12-07
July 16, 2007 Administrative Hearing
Page 4
3. ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS
The Testa Beauty Salon (1635 South Lemay Avenue), PDP proposal does not meet all
of the applicable standards in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS
of the LUC. Of specific note are Division 3.2 - Site Planning and Design Standards;
Division 3.3 - Engineering Standards; Division 3.4 - Environmental, Natural, and
Cultural; and, Division 3.6 - Transportation and Circulation. Further discussions of
these particular standards follow.
A. Division 3.2 - Site Planning and Design Standards
Section 3.2.1. Landscaping and Tree Protection
The proposal satisfies the applicable Landscaping and Tree Protection standards,
including the following:
Section3.2.1(D)(2). Streettrees.
The proposed street tree planting is in accordance with Section 3.2.1(D)(2)(b), providing
trees at 20' to 25' on -center in the area behind the attached sidewalk along the South
Lemay Avenue (an arterial street).
Section 3.2.1(E)(4). Parking Lot Perimeter Landscaping
The proposal satisfies the parking lot perimeter landscaping requirements set forth in
Sections 3.2.1(E)(4)(a) & (b), providing a combination of deciduous and evergreen
shrubs and trees in a 5' wide setback area along the north property line (in combination
with a 6' high solid wood fence); and, a combination of deciduous and evergreen shrubs
and trees for screening of the parking areas on both the front and back sides of the
building, to the west and south.
Section 3.2.1(E)(5). Parking Lot Interior Landscaping
The proposal does not satisfy the requirement set forth in Section 3.2.1(E)(5) pertaining
to 6% of the interior space of a parking lot with less than 100 spaces shall be landscape
areas. The applicant has submitted a request for approval of an alternative Landscape
Plan that is being substituted for a plan meeting the standards, per Section 3.2.1(N) of
the LUC. The decision maker is authorized to approve an alternative Landscape Plan
that may be substituted in whole or in part for a plan meeting the standards in this
Section. The Review Criteria is as follows:
Testa Beauty Salon (1635 South Lemay Avenue) - Project Development Plan - #12-07
July 16, 2007 Administrative Hearing
Page 3
This District is intended to function together with a surrounding Medium Density
Mixed -Use Neighborhood, which in turn serves as a transition and a link to larger
surrounding low density neighborhoods. The intent is for the component zone
districts to form an integral, town -like pattern of development with this District as
a center and focal point; and not merely a series of individual development
projects in separate zone districts.
This proposal complies with the purpose of the NC District as it is a small infill
redevelopment (change -of -use) project that provides a personal service use (beauty
salon) on a property that is entirely surrounded by developed properties containing
residential, retail, church, school, general & medical office uses and a community park.
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: NC;
existing residential, commercial
S: MMN;
existing single-family and multi -family residential
E: NC;
existing multi -family residential, neighborhood shopping center
W: LMN;
existing single-family and multi -family residential
The property was subdivided as part of Lot 7 of the East Acres Subdivision in May,
1930.
The property was annexed into the City as part of the Second Spring Creek Annexation
in July, 1967.
2. ARTICLE 2 - ADMINISTRATION
Section 2.2.2. Step 2: Neighborhood Meetings
The proposed development is for a change -of -use from a single-family detached
dwelling to a personal service shop use, which is a permitted use in the NC -
Neighborhood Commercial District subject to an administrative (Type 1) review and
public hearing. The LUC does not require that a neighborhood meeting be held for
development proposals that are subject to an administrative review and none was held
for this development proposal.
Testa Beauty Salon (1635 South Lemay Avenue) - Project Development Plan - #12-07
July 16, 2007 Administrative Hearing
Page 2
The Testa Beauty Salon (1635 South Lemay Avenue), PDP proposal does not comply
with the following requirements in ARTICLE 3 - GENERAL DEVELOPMENT
STANDARDS of the LUC:
• The standard located in Section 3.2.1(13)(5) - Parking Lot Interior Landscaping.
The plan as submitted does not satisfy this section of the LUC. There are 2
parking areas (one in front of the building containing 4 parking spaces and one
to the rear of the building containing 3 surface parking spaces and 1 space in the
existing garage. No landscaping satisfying the interior landscaping definition is
being proposed. The applicant has submitted an alternative compliance request
for review.
• The standard located in Section 3.2.2(K)(2)(a) - Nonresidential Parking
Requirements. The plan as submitted contains 8 parking spaces for the
proposed personal service shop (beauty salon) building that is 1,008 square feet
in size. This section of the LUC allows a maximum of 4 parking spaces per 1,000
square feet of leasable floor area for Personal Business and Service Shop uses,
which would equate to 4 parking spaces on -site for this change -of -use. A
modification of the standard to allow 8 parking spaces on -site was approved by
the administrative hearing officer on March 22, 2007, with one condition. The
condition is being satisfied with this PDP.
• The standard located in Section 3.4.1(E)(2)(a) - Development Activities Within
the Buffer Zone. The plan as submitted does not fully satisfy this section of the
LUC. The applicant has submitted a request for a modification of this standard
with regards to the decision maker's authority to allow disturbance or
construction activity within the buffer zone.
Personal and Business Service Shops are permitted in the NC - Neighborhood
Commercial Zoning District, subject to an administrative (Type 1) review. The NC
District is:
Intended to be a mixed -use commercial core area anchored by a supermarket or
grocery store and a transit stop. The main purpose of this District is to meet
consumer demands for frequently needed goods and services, with an emphasis
on serving the surrounding residential neighborhoods typically including a
Medium Density Mixed -Use Neighborhood. In addition to retail and service uses,
the District may include neighborhood -oriented uses such as schools,
employment, day care, parks, small civic facilities, as well as residential uses.
ITEM NO.
MEETING DATE 7
STAFF 6Mk!! Sby D LX'
City of Fort Collins HEARING OFFICER
STAFF REPORT
PROJECT: Testa Beauty Salon (1635 South Lemay Avenue), Project
Development Plan (PDP) - #12-07
APPLICANT: John Testa
4221 Cobb Lake Drive
Fort Collins, CO. 80524
OWNERSHIP: Dona Hahn
1142 Spanish Oak Court
Fort Collins, CO. 80525
PROJECT DESCRIPTION:
This is a request for a change -of -use from a single-family detached dwelling to a
personal service shop (beauty salon) on a 0.38 acre property located on the west side
of South Lemay Avenue between East Prospect Road (to the north) and Spring Creek
(to the south). There will be 8 parking spaces on -site for the beauty salon. Existing
there is one 1,008 square foot house and a one -car garage on the property, which is
zoned NC - Neighborhood Commercial.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
The Testa Beauty Salon (1635 South Lemay Avenue), PDP proposal complies with
applicable requirements of the Land Use Code (LUC), more specifically:
• the process located in Division 2.2 - Common Development Review
Procedures for Development Applications of ARTICLE 2 -
ADMINISTRATION;
• Standards located in Division 3.2 - Site Planning and Design Standards;
Division 3.3 - Engineering Standards; Division 3.4 - Environmental, Natural,
and Cultural; and, Division 3.6 - Transportation and Circulation of ARTICLE
3 - GENERAL DEVELOPMENT STANDARDS;
• and the applicable district standards located in Division 4.23 NC -
Neighborhood Zoning District of ARTICLE 4 - DISTRICT STANDARDS.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT