The URL can be used to link to this page

Home My WebLink AboutADVANCE AUTO PARTS - PDP - 26-07 - DECISION - MINUTES/NOTESAdministrative Public Hearing Siqn-in Project: dcl VAn eg AV f D Pa sC ?J)P Meeting Location: Zgl til �'D d�P ✓C . 2AZr ik ay A Date: I I /Z 7/2,/a 7 PLEASE PRINT CLEARLY Jame Address Phone Emall 2 -Jr:Aten, rR &c . CoM V - o �J / �\. 1, c.� \✓O rv� �Q•'-� 7 j Z/ C-� W L i'%"t'�C '7]ti L/t-� 5L.: Z.or ='%3 OZ S3 hri'G,0 JOv.e S�ct: Ce✓� �[J Aaa-C � %4 • Li C r -rc�T"! IV/D 'leNl2Yz Lac l� n�-et L&f1 Ik,\ oO (G^c L'7�4/(aF'U12 3 363-3iiiv PA iuALf -' = Advance Auto Parts PDP Administrative Hearing Findings, Conclusions, and Decision November 27, 2007 Page 5 of 5 D. The Advance Auto Parts Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code and the request for alternative compliance to Section 3.2.1 (E)(2) meets the applicable review criteria. DECISION The Advance Auto Parts Project Development Plan # 26-07, is hereby approved by the Hearing Officer subject to the following conditions: 1. The Applicant shall submit building material and color samples with the Final Plan to ensure compliance with this approval and the intent of the North College Redevelopment Plan; and 2. Should the Applicant elect to construct a widened sidewalk, as provided in the Alternative Compliance request, the Applicant shall prohibit exterior display of merchandise fronting the south side of the building. Dated this this 5th day of December 2007, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. ameron Glo Planning anyzoning Director Advance Auto Parts PDP Administrative Hearing Findings, Conclusions, and Decision November 27, 2007 Page 4 of 5 solutions, such as additional facade detail, that will mitigate impacts as much or more than the proposed sidewalk design. Should the applicant continue with the widened sidewalk design along the south facade, the Hearing Officer has added a condition of approval which prohibits outdoor storage and display of merchandise within the sidewalk area. Without such a condition, the likelihood of unattractive merchandising within this area will increase. Outdoors displays of this type run counter to the North College Corridor Plan which calls for the area to be visually upgraded. The adjacent property owner to the south expressed concern about future joint access onto College Avenue. Evidence and testimony provided by the Applicant and staff also indicated access to the site from College Avenue meets applicable standards. The driveway approach from College Avenue (a State Highway) complies with the CDOT design standards. Testimony further indicated that there is no plan to require or provide for cross -property access to the south as a requirement of the Project. As the adjacent property redevelops, a review of access options will occur at that time. It appears, based on this information, that the issue of safe vehicular and efficient vehicular access has been adequately addressed to the satisfaction of the Hearing Officer and City staff. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to other refute the compliance with Article 3. SUMMARY OF CONCLUSIONS A. The Advance Auto Parts Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Advance Auto Parts Project Development Plan is consistent with the North College Corridor Plan. C. The Advance Auto Parts Project Development Plan satisfies the development standards of the CN zoning district. Advance Auto Parts PDP Administrative Hearing Findings, Conclusions, and Decision November 27, 2007 Page 3 of 5 Written Comments: None FACTS AND FINDINGS The surrounding zoning and land uses are as follows: N: CN: Existing commercial uses E: CN: Existing commercial uses S: CN: Existing commercial uses W: CN: Existing single-family residential uses and mobile homes This Project Development Plan proposal includes a subdivision plat. 1. Compliance with Article 4 and the CN Zone District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the CN Zone District, including the proposed retail use. The Staff Report summarizes the PDP's compliance with these specific standards and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with Article 4 or the CN District Standards. The proposed auto parts store is considered a "retail use", not an automotive sales or service establishment, therefore it is consistent with Land Use and Activity Goals found in the adopted North College Corridor Plan. 2. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable requirements of Article 3 including all landscaping, parking, and building height standards except where an alternative design to the foundation plantings along the south building fagade is proposed. The Hearing Officer finds that the alternative sidewalk along the south side of the building is adequate mitigation for the lack of foundation plantings and would therefore function as well as a compliant plan. The proposed altenative design is not, however, the only acceptable mitigation for the lack of foundation plantings. During the Final Plan review, the applicant may elect to propose other design Advance Auto Parts PDP Administrative Hearing Findings, Conclusions, and Decision November 27, 2007 Page 2 of 5 NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:00 p.m. on November 27, 2007 in Conference Room A at 281 North College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; (3) a sign up sheet of persons attending the hearing; and (4) a tape recording of the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Shelby Sommer, City Planner Randy Maizland, Development Review Engineer From the Applicant: Lucy Dineen Kay Stallworthy John Adritage, 1340 N. Littleton Blvd., Suite B Brian Krombein, 2120 N. Littleton Blvd. , Suite 205 From the Public: Mark Prall, 1108 N. College Ave. Mike Jensen, 1220 N. College Ave. John Rush, 1101 N. College Ave. Ken Pastor, 938 N. College Ave. City of Fort Collins PlanninL development and Transportati, Services Planning and Zoning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: November 27, 2007 Advance Auto Parts PDP #34-07 Cadence Development, LLC c/o Lucy Dinneen, Kay Christman 8480 E. Orchard Rd., Suite 6900 Greenwood Village, CO 80111 738 Skyway Drive Boulder, CO 80303 Cameron Gloss Planning and Zoning Director This is a request for construction of construct a 7,000 square foot, one-story retail building on a vacant parcel located at the southwest corner of North College Avenue and Hemlock Street. In addition to the retail building, proposed development improvements include a parking lot, alley upgrades, sidewalks and landscaping. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: CN, Commercial —North College STAFF RECOMMENDATION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 9 (970) 221-6750 • FAX (970) 416-2020