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Home My WebLink AboutECKERD DRUG, COLLEGE & DRAKE - PDP/FDP - 25-03 - DECISION - FINDINGS, CONCLUSIONS & DECISIONf11 li T�A ci`JE"P�� o .2 Co -7 H a ovT ho use- - NlA�UA-ae& I1 4e- �a�'70O7' l-f0uJ'E - OWNER V � ----`Z - PR o ^ 6 by N" IIdoh HCJA+T DO u G 1-,4J — r9/��GA�✓T S(,l�J I r1I� �C3• H. i1 rO EJ 6 n1 - G o NJ a An/ T �, Cl 1_6 T-di-ra-v—�-"' �l-V-�1•V=� EA/ G. GiN .i (ILT ANT Lr��•J ,oOrVSaOr.,� ,00•�.�y (( TxAFF, G L'oNJUL7eAMr +u�� I � ��l Gt Gam. �_�.�-S o'�. �i.--�-•_� Q O.O_K_�tl_2 DGa17_J. LA-Ps)5 oN }.3� 1 iIII II 1 I I i II it 6r Eckerd Drug @ College and make PDP Administrative Hearing Findings, Conclusions, and Decision December 4, 2003 Page 5 of 5 B. The Eckerd Drug at College and Drake Project Development Plan complies with all applicable district standards of Section 4.17 of the Land Use Code, (C) Commercial zone district. C. The Eckerd Drug at College and Drake Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Eckerd Drug at College and Drake Project Development Plan #25-03, is hereby approved by the Hearing Officer without condition. Dated this 5th day of December 2003, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. ameron Gloss Current Planning rector Eckerd Drug @ College and L,.ake PDP Administrative Hearing Findings, Conclusions, and Decision December 4, 2003 Page 4 of 5 Section 4.17(2)(c) of the LUC. The Project is also in conformance with Section 4.17(D), land use standards relating to building height, calling for buildings to be four stories or less. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable sections of Article 3 of the LUC. Testimony was offered at the hearing by an abutting residential landowner concerning the anticipated or feared impacts of the proposed development and its design upon adjacent residences. These impacts included increased lighting and privacy impacts from the commercial use. 1 The Applicant and Owners acknowledged that they had taken steps to adjust the design of the proposed development plan to help mitigate impacts on the neighboring residential uses. As outlined in the presentation and the City staff report, an additional concrete block "course" will be added to the top of the existing 5.5-foot high wall, making it exceed the minimum wall height specified in the parking lot screening standards of Section 3.2.1(E)(4)(a). A dense row of evergreen trees will be planted immediately behind the backyard of 2617 Harvard Street. In addition, shields will be added along the "house -side" of the parking area lights to reduce glare and the amount of light trespassing onto adjacent properties. Unfortunately, the adjustments may not, to the person in attendance, fully address the potential issues and concerns. Although the Hearing Officer finds that the lighting and operational concerns raised by an abutting land owner to the PDP are sincere and insightful, and changes to the PDP might potentially improve acceptance by this land owner, the PDP must be judged under the existing applicable regulations of the Fort Collins Land Use Code. These regulations provide sufficient specificity to determine that the Applicant and Owner have designed the PDP in conformance with the applicable regulations and there is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the minimum requirements of the Land Use Code, and other applicable regulations, in designing the development SUMMARY OF CONCLUSIONS A. The Eckerd Drug at College and Drake Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). Eckerd Drug @ College and L,,ake PDP Administrative Hearing Findings, Conclusions, and Decision December 4, 2003 Page 3 of 5 From the Public: Dean Duncan, 2617 Harvard Street Steve Taylor, Moot House Patricia and David Wilson, D.F. Goodhair Salon Sundra Nichols Paul Schickler Kelli Smith Written Comments: ►f,= FACTS AND FINDINGS 1. Background and Site Context The surrounding zoning and land uses are as follows: N: C; Existing Sinclair gas station and two existing commercial buildings S: C; Existing Moot House restaurant E: R-L; Existing single family homes and one home occupation W: C; Existing auto and truck dealership. Thunderbird Commercial Plaza was platted and developed in 1963. The first tenants were Sinclair on the corner, 7-Eleven convenience store in the middle and a multi -tenant medical building on the east. All three buildings remain. Of these three buildings, the middle one will be demolished. The motel was constructed in phases. The first phase was constructed in 1964 and consisted of the south -facing wing of the motel, the detached office and the pool. The second phase was the west -facing wing and constructed in 1976. All of these will be demolished. The Moot House restaurant was constructed in 1972 and it will remain. 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. In particular, the proposed retail store use is permitted within the C zone district subject to an administrative review. See Eckerd Drug @ College and make PDP Administrative Hearing Findings, Conclusions, and Decision December 4, 2003 Page 2 of 5 bounded by a Sinclair gas station, Moot House restaurant, one small commercial building, and existing single family homes in the Thunderbird Estates First Subdivision SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: C — Commercial District. 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 4:30 p.m. on December 4, 2003 in the 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 public testimony provided during 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: Ted Shepard, Chief Planner Katie Moore, Development Review Engineer From the Applicant: K. Bill Tiley, Property Owner Scott Sinn, BHA Design Bob Mcdonough, Applicant Patricia Kroetch, North Star Design Matt Delich, Traffic Engineer City of Fort Collins Commt. ..y Planning and Environmental _rvices 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: OWNERS: HEARING OFFICER: PROJECT DESCRIPTION: December 4, 2003 Eckerd Drug at College and Drake P.D.P. #25-03 Eckerd Drug c/o Mr. Scott Sinn BHA Design 4803 Innovation Drive Fort Collins, CO 80525 K. Bill Tiley P.O. Box 471 Fort Collins, CO 80525 Steven & Yoon Jung Lee 2612 S. College Avenue Fort Collins, CO 80525 Cameron Gloss Current Planning Director The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP") proposing to demolish the three buildings associated with the Inn at Fort Collins and construct a new retail store with a drive -through lane. The store would be 13,824 square feet in size. The 2.47-acre site is located at the southeast corner of South College Avenue and Drake Road. As an infill project, the parcel is 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020