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Home My WebLink AboutTIMBERLINE CENTER - PDP - 41-05A - DECISION - ADMINISTRATIVE INTERPRETATIONj] FLF::::::9 0 200 400 am SCALE: 1" = 400' ;Cameron Gloss - Request For Interpretation.doc because it is the I -Industrial District. The Zoning District that supposedly accommodates uses that are less attractive. To deny the location of a C-Store based on visual concerns seems inappropriate for several reasons: • A driver can't see the two closest fueling spots because they are located off of Timberline Road. Therefore visual proliferation shouldn't be an issue. • A Fast Food restaurant is allowed at this location with no separation requirement. Are C-Stores inherently less attractive than fast food restaurants? • Our intent is to have a well -planned and architecturally coordinated commercial center. Meaning that it is the developer's intent to use matched or similar building materials, rooflines and architectural details. A well -coordinated and visually coordinated color scheme is also planned. We respectfully request that the City staff consider all these facts and make an interpretation as whether or not we meet the Land Use Code because fuel sales and retail sales are both allowed without a "separation" requirement. If staff determines that the proposal does not meet the Land Use Code, then we would like staff to re -consider whether or not they would support a Modification to the "separation" requirement because of the mitigating factors stated above. As always, we appreciate your attention to this issue and look forward to your response. Sincerely, VF RIPLEY ASSOCIATES Linda Ripley Principal eameron Gloss Request For Interpretation.doc Page 1 June 2, 2005 Mr. Cameron Gloss Director of Planning Mr. Ted Shepard Project Planner City of Fort Collins Planning Department 281 North College Avenue Ft. Collins, CO 80521 Re: Request for Interpretation Timberline Center Project Development Plan Dear Cameron and Ted, This letter is a request for City staffs interpretation of two site -planning /land use issues in regard to Timberline Center a commercial center proposed to be located in the (- Industrial Zone District, along the west side of Timberline Road approximately half way between Drake Road and Prospect Road. The first issue is whether or not a C-Store could be located in the center as indicated on the attached sketch plan. The Land Use Code indicates that a Convenience Store with fuel sales must be located'/< of a mile from the nearest C-Store or fuel sales in the area. According to the LUC (1.4.10) the distance is measured from one property to the next along a straight line. Please see the attached diagram that illustrates that the proposed location for the C-Store is approximately 2,700 feet from the C-Store located in Spring Creek Center along Prospect Road and approximately 3,700 feet from the King Sooper's fueling station on Drake Road. We understand that the purpose of the separation requirement is to limit the proliferation of C-Stores in Fort Collins, primarily because of their visual impact. In this particular case, we believe that there are circumstances that make a strict application of the LUC illogical and not necessarily in the community's best interest. • A gas station is allowed in the ► District with no separation requirement. • Retail sales are allowed in the 1 District with no separation requirement Apparently it's okay to purchase fuel at the proposed location, but allowing that fuel customer to purchase a jug of milk in the same trip is not acceptable. On the other hand, our City Policies in general promote one -stop shopping because it saves on vehicle miles traveled. We believe this inconsistency was not intentional. Gas stations are allowed The applicant has, however, raised legitimate questions about the City's adopted policies and code standards that would justify further analysis and discussion of the commercial separation requirements. Since staff was recently directed by City Council to review all use separation standards within the LUC as part of the fall 2005 Land Use Code amendments, it would be most appropriate and efficient to analyze the applicant's request as part of this larger land use policy discussion. The schedule for this next cycle of the biannual Land Use Code amendments would result in any code changes becoming effective approximately January 1, 2006. Although it is staffs preference to delay furtherevaluation of issues surrounding the separation standards, the applicant has the right to submit a modification request at the present time. cc: Ted Shepard Gregory Byrne Paul Eckman Peter Barnes Pete Wray • A driver can see the two closest fueling spots because they are located off of Timberline Road. Therefore, visual proliferation shouldn't be an issue. • A fast food restaurant is allowed at this location with no separation requirement. Are C-stores inherently less attractive than fast food restaurants? • Our intent is to have a well planned and architecturally coordinated commercial center. Meaning that it is the developer's intent to use matched or similar building materials, rooflines and architectural details. A well -coordinated and visually -coordinated color scheme is also planned. We respectfully request that the City staff consider all of the facts and make an interpretation as (to) whether or not we meet the Land Use Code because fuel sales and retail sales are both allowed without a separation requirement. If staff determines that the proposal does not meet the Land Use Code, then we would like staff to re -consider whether or not they would support a Modification to the "separation" requirement because of the mitigating factors stated above." Note: five requests for Land Use Code interpretation have been previously submitted (#1-99, #4-99,#1-00,#1-02 and #2-03) addressing commercial separation requirements of the Land Use Code, yet none have been applicable to a property located within the Industrial -I zone district. INTERPRETATION: In response to the questions raised above: Are the separation requirements met with the applicant's request? No. Based on the strict application of the separation requirements found in Section 4.23(B)(3)(c) and the method of measurement described in Section 1.4.10, the proposed location for the Timberline Center convenience store would be less than the required 3/ mile (3,960 feet) distance from the recently constructed King Sooper's fueling station near Drake and Custer Drive and the existing convenience store within the Spring Creek Center near Prospect and Specht Point Roads. Therefore, the proposed Project Development Plan would not comply with the standard. Would staff support a request for modification to the separation requirement? No. Based on the adopted City Plan policies and supporting text found within the Land Use Code, staff would not support a modification at this time. A Convenience store with fuel sales on the subject property will be oriented primarily to the motoring public and not as a "complementary and supporting use" to the industrial area as is explicitly stated in the Purpose section of the Industrial District (4.2.3(A). Comn, ity Planning and Environment, ervices Current Planning City of Fort Collins TO: Interested Parties FROM: Cameron Gloss Current Planning Director DATE: July 1, 2605 SUBJECT: Administrative Interpretation #8-05 pertaining to the commercial separation standards found in Section 4.23(B)(3)(c) of the Land Use Code for Convenience retail stores with fuel sales within the Industrial (1) zone district and application of such standards to the Timberline Center PDP. BACKGROUND A request has been received to clarify the commercial use separation requirements for Convenience retail store with fuel sales within the Industrial (1) zone district. This particular question relates to the application of such standard to the potential future Timberline Center PDP located along the west side of Timberline Road approximately half way between Drake and Prospect Roads. Gasoline stations, and retail uses less than 25,000 sq. ft. in gross leasable area, are permitted within the I District with no separation requirement, yet Convenience retail stores with fuel sales must be separated by at least 3/4 mile (3,960 feet). The applicant has submitted the following argument within the interpretation request: 'Apparently it's okay to purchase fuel at the proposed location, but allowing that fuel customer to purchase a jug of milk in the same trip is not acceptable. On the other hand, our City Policies in general promote one -stop shopping because it saves on vehicle miles traveled. We believe this inconsistency was not intentional. Gas stations are allowed because it is the I -Industrial District. The Zoning District that supposedly accommodates uses that are less attractive. To deny the location of a C-store based on visual concerns seems inappropriate for several reasons: 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020