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Home My WebLink AboutAGNEW CAR WASH - PDP - 32-06 - DECISION - MINUTES/NOTESass I CD Er i Lo vac ��! t� GD 8a5� it I� I I! I� it III I I it Agnew Carwash PDP Administrative Hearing Findings, Conclusions, and Decision February 8, 2007 Page 5 of 5 DECISION The Agnew Carwash Project Development Plan, #32-06 is hereby approved by the Hearing Officer. Dated this 12th day of February 2007, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss / / Current Planning Director Agnew Carwash PDP Administrative Hearing Findings, Conclusions, and Decision February 8, 2007 Page 4 of 5 The proposed site design adequately meets the qualitative performance standards afforded under Section 3.4.1(E)(1). Mitigation of natural habitat impacts to natural resources identified within the applicant's Ecological Characterization Study (Wildland Consultants, Inc.) have been accomplished through careful site and landscape design. The proposed design enhances the buffer and riparian zone through the preservation of existing trees and addition of landscape materials. A two rail, split -rail fence will demarcate the boundary between development and the buffer. This landscaping enhancement and low wooden fence will preserve the wildlife movement corridor. , . To reduce impacts to wildlife and enhance aesthetics, lighting has been designed to throw illumination to the north. Backside shields on the pole -mounted light fixtures will minimize light intrusion onto the buffer zone. In addition to the habitat protection standards, the Project Development Plan also complies with other applicable requirements of Article 3 and no evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to other refuterthe compliance with Article 3. SUMMARY OF CONCLUSIONS A. The Agnew Carwash Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Agnew Carwash Project Development Plan complies with all applicable district standards of Section 4.17 of the Land Use Code, (C) Commercial zone district. C. The Agnew Carwash Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. D. With regard to Section 3.4.1(E) — Buffer Zone Performance Standards, the Agnew Carwash Project Development Plan: (1.) Complies with the 50-foot required buffer zone from a riparian forest. (2.) Complies with the buffer zone requirement from the Poudre River by compliance with the applicable performance standards Agnew Carwash PDP Administrative Hearing Findings, Conclusions, and Decision February 8, 2007 Page 3 of 5 FACTS AND FINDINGS 1. Site Context/Background Information N: C; Mulberry and Lemay Crossings Regional Shopping Center S: R-C; Poudre River and Poudre River Business Park E: County C, Commercial; Outdoor Sales — sheds, garages, used cars W: P-O-L; Publicly -owned natural area and private in -holding for large billboard The property was annexed in 1983 as part of the Riverside — Lemay Annexation. There has been no previous development activity on the property. 2. Compliance with Article 4 and the C — Commercial Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the C zone district. The Staff Report summarizes the PDP's compliance with these standards and no specific evidence was presented to contradict or otherwise refute the compliance with Article 4 or the C District Standards. In particular, the proposed carwash use is considered vehicle minor repair, servicing and maintenance and permitted within the C zone district subject to an administrative review. The proposed building height, massing and orientation meet the applicable standards. 3. Compliance with Article 3 of the Land Use Code — General Development Standards Natural habitat buffer zones are applied to the subject property given its location near the Poudre River. Section 3.4.1 of the Land Use Code requires a buffer distance of 300 feet from the top of the riverbank and 50 feet from the riparian forest. The site has a total north -to -south depth of 266 feet along the west property line and 290 feet along the east property line. Full enforcement of the 300-foot river buffer, therefore, would have resulted in a complete regulatory taking of the property. In cases where enforcement of the quantitative buffer standard is impractical, qualitative performance standards can be applied. The P.D.P. provides for a 50-foot buffer from the drip line of the trees which make up the riparian forest and, therefore, is compliant with the standards. Agnew Carwash PDP Administrative Hearing Findings, Conclusions, and Decision February 8, 2007 Page 2 of 5 ZONING DISTRICT: C — Commercial STAFF RECOMMENDATION: Approval 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 5:00 p.m. on February 8, 2007 in Conference Room A, 281 N. 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; and (3) a tape recording of the public 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: Ted Shepard, Chief Planner From the Applicant: John Agnew Andrea Agnew Deanne Frederickson From the Public: Dan Kapelle, 6851 Rodney, Windsor, CO 80550 Written Comments: None. 6iA City of Fort Collins Commu _y Planning and Environmental, vices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: February 8, 2007 Agnew Carwash, P.D.P. #32-06 John and Andrea Agnew c/o Deanne Frederickson The Frederickson Group, L.L.C. 118 East 29th Street, Suite C Loveland, CO 80538 John and Andrea Agnew P.O. Box 827 Frisco, CO 80443 Cameron Gloss Current Planning Director The Applicant has submitted a request to construct a 4,200 square foot building for a carwash facility. This facility would be operated by a staff with limited hours of operation. and not self -serve on a 24-hour basis. The site is 1.83 acres in size and located at the southeast corner of Mulberry Street and Lemay Avenue. Access to the site is gained from the East Mulberry Street Frontage Road only. The site is also bounded by the Lemay Avenue to the west and the Poudre River to the south. SUMMARY OF HEARING OFFICER DECISION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020