The URL can be used to link to this page

Home My WebLink AboutSINCLAIR REDEVELOPMENT, COLLEGE & DRAKE - MOD - 25-03A - DECISION - FINDINGS, CONCLUSIONS & DECISIONt_►_o iy/N/STR AT/ ICE ILIE"��/�/ G ��Ak� J'fiey.r �F Q_U_ES T F4�t i'9 o Di F� c it Ti s N Pica u/ s- 'NAnf- = /_1 ooAf_JJ Do �r117 4444L> IQr,Q 1 Drake Shops Modification Administrative Hearing Findings, Conclusions, and Decision December 1, 2005 Page 5 of 5 The applicant testified at the administrative hearing :that, a. cross -access parking agreement exists between the subject property and that abutting to the east, which will allow for any potential spillover parking demand to be accommodated. Due to the proposed mitigating site and landscape design elements, there will be an insignificant visual impact to the streetscape along South College Avenue and Drake Road. SUMMARY OF CONCLUSIONS With Respect to Section 3.6.2(L) (1) (a) which sets standards for the provision of off- street parking: a. Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the Land Use Code. b. The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well than would a plan which complies with the standard for which a modification is requested. 1I I t .. J - . . - . . " _4 ,. - The plan will advance the public, interest through :apprp riate.buildiing. . orientation, and architecture and landscaping treatments exceeding adopted standards. DECISION , Modification to Land Use Code Section 3.2.2(K) (2) (a) for Drake Shops Request for Modification, #25-03A, is hereby approved by the Hearing Officer subject to the following condition: a. The Applicant shall ensure that the pending P.D.P., submitted in conjunction with this Request for Modification, shall be made a part of the official record of this action. Any subsequent application for P.D.P. that utilizes this Modification shall substantially incorporate all relevant design features indicated on the pending P.D.P, including, but not limited to access, building orientation, architectural character and the amount and quality of landscape materials. Dated this 5th day of December 2005, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss Current Planning /ire7or Drake Shops Modification Administrative Hearing Findings, Conclusions, and Decision December 1, 2005 Page 4 of 5 (2) Nonresidential Parking Requirements: Nonresidential uses will be limited to a maximum number of parking spaces as defined by the standards defined below. (a) The table below sets forth the number of allowed parking spaces based on the square footage of the gross leasable area and of the occupancy of specified uses. In the event that on -street or shared parking is not available on land adjacent to the use, then the maximum parking allowed may be increased by twenty (20) percent, provided that the amount of parking lot landscaping is also increased by twenty (20) percent. (This twenty -percent increase shall not apply to the "general office" use category.) Restaurants a. Fast Food 15/1000 sq.ft. b. Standard 10/1000sq.ft. General Retail 4/1000 The standard allows a maximum of 14 spaces. With the 20% bonus allowed for not being able to share parking with other abutting users, the standard would allow a maximum of 16 spaces. 3. Modification Request The applicant is proposing to provide 29 spaces. The divergence from standard is 13 spaces. 4. Evaluation of the Modification Request Relative to the Review Criteria: As part of the evaluation of this application, the applicant testified at the Administrative Hearing that, while the proposed future building is intended to house a retailer, there is the potential for a restaurant tenant at some point in the future. The permitted parking maximums for fast food or standard restaurants far exceed that for a retail operation. The applicant will orient the future building such that the extra 13 parking spaces will be located as far from the street intersection as possible. The building itself will help to screen the spaces from public view. The landscape plan for the pending P.D.P. indicates that the plant material is maximized effectively. The quantity of plant material significantly exceeds the standard. Drake Shops Modification Administrative Hearing Findings, Conclusions, and Decision December 1, 2005 Page 3 of 5 Written Comments: None. FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: R-L; Existing Bank with Drive-thru Facilities (Wells Fargo) S: C; Existing Retail Store with Drive-thru Facilities (Walgreens) E: C; Existing Multi -tenant RetaiVService Building W: C; Existing Auto Sales and Leasing (Spradley-Barr) The Sinclair gasoline station was the first building constructed in -the Thunderbird Commercial Plaza which was platted and developed in 1963. The first tenants were located along East Drake Road. These were Sinclair on the comer, the City s first 7- Eleven convenience store in the middle and a multi -tenant medical building on the east. Of these three buildings, the middle one was demolished as part of the Eckerd/Walgreen's project. The Thunderbird 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. This motel was also demolished as part of the Eckerd/Walgreen's project. The Moot House restaurant was constructed in 1972 and it will remain. The underground gasoline storage tanks were replaced in 1991. The aforementioned Eckerd/Walgreen's project was approved by the Hearing Officer on December 5, 2003. This project involved the demolition of the Thunderbird Motel and the old 7-Eleven building and replacement by a 13,824 square foot retail store with a drive-thru facility. 2. Land Use Code Sections Requested for Modification Section 3.2.2(K) of the Code describes the maximum amount of parking allowed per non-residential land use. The standard reads as follows: Drake Shops Modification Administrative Hearing Findings, Conclusions, and Decision December 1, 2005 Page 2 of 5 SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICTS: C — Commercial STAFF RECOMMENDATION: Conditional 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. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:30 p.m. on December 1, 2005 in Conference Rooms C and D, 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: Andrew T. Lemmer, Edge Design Curt Peerbolte, Edge Design Bill Tiley From the Public: Ralph and Beth Fuller, Jiffy Lube City of Fort Collins Commik- _cy 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: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: December 1, 2005 Drake Shops Request for Modification #25-03A Drake Real Estate Services c/o Mr. Andrew Lemmer Design Edge 1820-B Fifteenth Street Denver, CO 80202 Sinclair Oil Corporation 333 W. Hampden Avenue #906 Englewood, CO 80110 Cameron Gloss Current Planning Director The Applicant has submitted a request to modify parking standards found in Section 3.2.2. (K)(2)(a) of the Land Use Code as they apply to a recently submittal development application. The modification sought relates to the number of off-street parking spaces provided. In this case, 29 off-street parking spaces are proposed where a maximum of 16 spaces is permitted under the Land Use Code. The .47 acre parcel is located at the southeast comer of South College Avenue and Drake Road. The request is a "stand-alone" modification to the parking standard; however, it is being made in conjunction with a Project Development Plan application seeking approval to demolish the vacant Sinclair service gasoline station and replace it with a new retail building. 281 North College Avenue - PO. Box 580 - Fort Collins, CO 80522-0580 - (970) 221-6750 - FAX (970) 416-2020