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Drake Shops PDP
Administrative Hearing
Findings, Conclusions, and Decision
January 26, 2006
Page 4 of 4
presented to contradict the statements and conclusion of the staff report
concerning compliance with Article 4 or the C District Standards.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
The Project Development Plan complies with all applicable requirements of
Article 3, except for one section of the Land Use Code where the applicant
previously received a modification to the specific standard for off-street parking.
No evidence was presented to contradict the statements and conclusion of the
staff report concerning compliance or to otherwise refute the compliance with
Article 3.
SUMMARY OF CONCLUSIONS
A. The Drake Shops Project Development Plan is subject to administrative review
and the requirements of the Land Use Code (LUC).
B. The Drake Shops Project Development Plan satisfies the development standards
of the C zoning district.
C. The Drake Shops Project Development Plan complies with all applicable General
Development Standards contained in Article 3 of the Land Use Code except for
Sections 3.2.2(K)(2)(a) where a stand-alone modification was previously granted.
D. The Drake Shops Project Development Plan complies with the condition of
approval placed on the granted modification. Access, building orientation,
architectural character and the quality of the landscaping remain consistent with
the documents submitted in conjunction with the Modification.
DECISION
The Drake Shops PDP #25-036 is hereby approved by the Hearing Officer without
condition.
Dated this 27th day of January 2006, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code. --n
meron Gloss
rrent Planning Director
Drake Shops PDP
Administrative Hearing
Findings, Conclusions, and Decision
January 26, 2006
Page 3 of 4
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 Retail/Service 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 corner, 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.
On December 5, 2005, a stand-alone Modification of Standard was approved to
increase the maximum number of parking spaces for a retail store from 16 to 29, subject
to one condition.
2. Compliance with Article 4 and the C Zoning District Standards:
The Project Development Plan complies with all applicable requirements of
Article 4 and the C Zoning District. The proposed retail building is a permitted
use subject to Administrative Review. The Staff Report summarizes the PDP's
compliance with these specific standards and no specific evidence was
Drake Shops PDP
Administrative Hearing
Findings, Conclusions, and Decision
January 26, 2006
Page 2 of 4
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 January 26, 2006 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:
Andrew T. Lemmer, Edge Design
Joe Sparone, JR Engineering
Bill Tiley
From the Public:
Steve Taylor
Written Comments:
None.
Commu,__.y Planning and Environmental . _rvices
Current Planning
CITY OF FORT COLLINS
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:
January 26, 2006
Drake Shops Project Development Plan
#25-036
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 demolish the existing Sinclair gas station at
the southeast corner of South College Avenue and Drake Road and construct a new
one-story commercial building. The new building would contain 3,454 square feet.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICTS: C — Commercial
STAFF RECOMMENDATION: Approval
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020