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Home My WebLink AboutTHE HUMAN BEAN, 799 N. COLLEGE AVE. - MODIFICATION OF STANDARD - 28-04 - REPORTS - RECOMMENDATION/REPORTModification — Human Bean Drive -Through Coffee Shop — Filing #28-04 August 26, 2004 P & Z Meeting Page 5 3. FINDINGS OF FACT/CONCLUSION: A. The requested Modification of Standards in Subsection 3.5.3(B)(1) and (2) of the Land Use Code for the Human Bean Drive Through Coffee Shop at 799 N. College is subject to review by the Planning and Zoning Board. B. Granting the requested modification would not be detrimental to the public good. Attention to pedestrian safety will be paid in accordance with Section 3.2.2 (c)(5) Access, Circulation and Parking — Walkways. The sidewalk will be distinctly colored where it crosses the vehicular drive. Plantings will be low to ensure pedestrian driver safety and cautionary signage will be placed to maximize safety. C. There are exceptional physical conditions unique to this property, including narrowness and CDOT access limitations which hinder the owner's ability to meet the strict application of the standard. D. This request is only for a modification of the specific standards in Subsection 3.5.3(B)(1) and (2) the LUC. The applicant has not yet submitted a Project Development Plan (PDP) proposal for review by the City. A PDP must be submitted, reviewed, and approved prior to the applicant being able to receive building permits and construct the project. 6. RECOMMENDATION: Staff recommends approval of the Modification of the Standards in Subsection 3.5.3(B)(1) and (2) of the Land Use Code for the Human Bean Drive Through Coffee Shop at 799 N. College Ave. - #28-04. Modification — Human Bean Drive -Through Coffee Shop — Filing #28-04 August 26, 2004 P & Z Meeting Page 4 (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 Section 2.8.2(H)(3) of the LUC. Section 3.2.2 (c) (5) Access, Circulation and Parking — Walkways states: b) Street Crossings. Where it is necessary for the primarypedestrian access to cross drive aisles or internal roadways the pedestrian crossing shall emphasize and place priori on pedestrian access and safety. The material and layout of the pedestrian access shall be continuous as it crosses the driveway, with a break in continuity of the driveway paving and not in the pedestrian access way. The pedestrian crossings must be well -marked usingpavement treatments, signs, striping, signals, lighting, traffic calming techniques, median refuge areas and landscaping. (See Figure 3.) For compliance with the standards, the applicant proposes a design that addresses these issues as follows: A. Where the walkway crosses the vehicle use area, the walkway will be delineated with colored concrete; B. Signs will be posted to warn vehicle users to yield to pedestrians C. Pedestrian lighting will be provided D. Landscaping will be provided to allow an unobstructed view between the driver and the pedestrian E. Bicycle facilities have been provided for the pedestrian F. The walkway connects directly to the patio seating area and to the walkup window. C. Staffs Analysis of Modification Request From staffs perspective, the third criterion of 2.8.2(H)(3) would be met by the applicant's proposal. Building and drive lane options are very limited on this site due to physical constraints that are beyond the applicants control. The site is 100 feet wide and is only allowed a single access point by the CDOT short range plan. Modification — Human Bean Drive -Through Coffee Shop — Filing #28-04 August 26, 2004 P & Z Meeting Page 3 B. Applicant's Justification The applicant has proposed that the modification requests meet the requirements of LUC 2.8.2 Modification Review Procedures (H) Step 8 (Standards) (3). The applicant has provided written justification which is attached. Briefly, the justification is summarized as follows: 1) The property is on N. College which is a state highway. CDOT has planned for only a single point of access at this site which must align with the access across College. 2) The program of this coffee shop calls for drive through access on both sides of the building. 3) The lot is 100 feet wide. Because of the need for sufficient stacking room and turning space and CDOT's limitation to a single point of access, there is no practical way that a dedicated sidewalk can be provided. 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 Modification — Human Bean Drive -Through Coffee Shop — Filing #28-04 August 26, 2004 P & Z Meeting Page 2 COMMENTS 1. BACKGROUND The surrounding zoning and land uses are as follows: N: CN: Existing Commercial —Brake Service Shop E: CCN: Existing Commercial —Law Office, Time Rentals, and Monte Carlo Lanes S: CCR: Vacant, undeveloped ground W: POL: Railroad Right-of-way and Public Open Lands adjacent to Legacy Park and Lee Martinez Park 2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS A. Citation-- Section 3.5.3(B) Relationship of Buildings to Streets, Walkways and Parking, Subsection 3.5.3(B)(1) Orientation to a Connecting Walkway states: (1) Orientation to a Connecting Walkway. At least one (1) main entrance of any commercial or mixed -use building shall face and open directlyoa connecting walkway with pedestrian frontage. Any building which has only vehicle bays and/or service doors for intermittent/infrequent nonpublic access to equipment, storage or similar rooms (e.g. self -serve car washes and self - serve mini -storage warehouses) shall be exempt from this standard. See Figure 10. Division 5 defines a connecting walkway as: Connecting walkway shall mean (1) any street sidewalk, or (2). any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route. Further, Subsection 3.5.3(B)(2) Orientation to Build -to Lines for Streetfront Buildings states: (2) Orientation to Build -to Lines for Streetfront Buildings. Build -to lines based on a consistent relationship of buildings to the street sidewalk shall be established by development projects for new buildings and, to the extent reasonably feasible, by development projects for additions or modifications of existing buildings, in order to form visually continuous, pedestrian -oriented streetfronts with no vehicle use area between building faces and the street. ITEM NO. 2 MEETING DATE 08/26/04 STAFF Anne Aspen Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Modification of Standards in Subsection 3.5.3(B)(1) & (2) of the Land Use Code for the Human Bean at 799 N. College Ave.- #28-04 APPLICANT: Cityscape Urban Design, Inc. c/o Joe Carter 3555 Stanford Road Suite 105 Fort Collins, CO 80525 OWNER: Sam Wray President SS Blue Sky, LLC 4625 Regency Dr. Fort Collins, CO 80526 PROJECT DESCRIPTION: This is a request for a modification of standards set forth in Section 3.5.3(B) Relationship of Buildings to Streets, Walkways and Parking of the Land Use Code (LUC), more specifically Subsection 3.5.3(B)(1) Orientation to a Connecting Walkway and 3.5.3.(B)(2) Orientation to Build -to Lines for Streetfront Buildings. The property is located on the west side of North College Avenue roughly between Alpine St. and Woodlawn Drive in the Commercial — North College (CN) District. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The applicant has submitted an application with a request for a modification of standards as allowed by Section 2.8.2 (H)(3). This application is a stand-alone request for modifications. An illustrative plan is included. Upon approval of this request, the applicant will submit a Type II PDP and provide more detailed plans for approval. This application for a modification of standards requests that the Planning and Zoning Board allow a modification to the standards to account for physical conditions and circumstances unique to this property which, if the standard were strictly applied, would result in exceptional practical difficulties. Because of the narrowness of the site and the programmatic needs, it is not possible to provide a connecting walkway as defined in the LUC. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT