HomeMy WebLinkAboutDISCOUNT TIRE AT FOSSIL CREEK - MODIFICATION OF STANDARD - 26-02A - REPORTS - RECOMMENDATION/REPORTModification of Standards for Discount Tire at Fossil Creek P.D.P., File # 26-02A
August 15, 2002 P&Z Meeting
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5. FINDINGS OF FACT/CONCLUSION:
A. The requested modification for the Discount Tire at Fossil Creek P.D.P. is subject to
review by the Planning and Zoning Board.
B. Staff finds that the granting of modification would not be detrimental to the public good.
C. Staff finds that strict application of the standard would result in unusual and exceptional
practical difficulties (due to physical conditions unique to such property) because
compliance with the standard would mandate the need for a retaining wall between the
building and the street sidewalk, and such a retaining wall would detract from the ability
to use the street sidewalk.
6. RECOMMENDATION:
Staff recommends approval of the modification request.
Modification of Standards for Discount Tire at Fossil Creek P.D.P., File # 26-02A
August 15, 2002 P&Z Meeting
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(c) strict application of the standard sought to be modified would result
in unusual and exceptional practical difficulties or exceptional or
undue hardship due to exceptional physical conditions unique to
such property.
3. APPLICANT'S REQUEST
For illustrative purposes, the applicant has submitted the following diagrams:
The applicant has proposed that the modification request meets the requirements of LUC
2.8.2 Modification Review Procedures (H) Step 8 (Standards). Please see the attached
written justification by the applicant.
4. ANALYSIS OF MODIFICATION REQUEST
The applicant contends that the granting of the modifications would not be detrimental to
the public good and that strict application of the standard sought to be modified would
result in unusual and exceptional practical difficulties or exceptional or undue hardship due
to exceptional physical conditions unique to such property.
Not Detrimental to the Public Good. Because there is a curve in Fossil Creek Parkway,
there is a sight distance easement necessary across a portion of the property. The
proposed setback would allow the building to stay out of the site distance easement area,
therefore, staff finds that that the request is not detrimental to the public good.
Unusual and Exceptional Practical Difficulties. In addition to the need to keep any
buildings out of the site distance easement area, floodplain restrictions would require the
floor elevation of the building to be approximately 5 to 8 feet below the street grades at the
South College Avenue and Fossil Creek Parkway intersection. If the building were located
within the required "build -to" line, retaining walls would be needed between the sidewalk
and the building, whereas with the proposed modification, a 4:1 slope can be used along
Fossil Creek Parkway between the building and the sidewalk. A connecting walkway
connects a main building entrance to the street across this 4:1 slope setback area. Staff
finds that strict application of the standard would result in unusual and exceptional practical
difficulties (due to physical conditions unique to such property) because compliance with
the standard would mandate the need for a retaining wall between the building and the
street sidewalk, and such a retaining wall would detract from the ability to use the street
sidewalk.
Modification of Standards for Discount Tire at Fossil Creek P.D.P., File # 26-02A
August 15, 2002 P&Z Meeting
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COMMENTS
1. BACKGROUND
The surrounding zoning and land uses are as follows:
W: C — College Avenue, Existing Cameron Park office development,
POL — Existing City owned Redtail Grove Natural Area,
N: C — Fossil Creek Parkway, vacant Parcel, existing retail shopping center,
NE: Residential (R) Zone in Larimer County — Fossil Creek Parkway, existing single
family detached portion of the Fossil Creek Meadows Neighborhood,
E: Residential (R) Zone in Larimer County — Existing single family attached portion of
the Fossil Creek Meadows Neighborhood, Fossil Creek, neighborhood park,
S: Residential (R) Zone in Larimer County — Existing neighborhood,
SW: C — College Aveune,
POL — Existing City owned Redtail Grove Natural Area.
The property was annexed as part of the Fossil Creek Third Annexation in April of 1985.
2. THE MODIFICATION PROCESS
(A) Section 2.8.2(H) of the LUC specifies that in order to approve a modification the
Planning and Zoning Board must find that:
(1) the granting is not detrimental to the public good, and that
(2) the plan as submitted would satisfy one of the following:
(a) the general purpose of the standard is satisfied equally well or
better than a plan that satisfies the standard, or
(b) the proposed project would, without impairing the intents and
purposes of the LUC, substantially address an important
community need specifically and expressly defined and described
in the City's Comprehensive Plan, adopted policy, ordinance or
resolution, and that the strict application of such a standard would
render the project practically infeasible, or
STAFF REPORT
PROJECT: Modification of Standards for
Discount Tire at Fossil Creek P.D.P., File # 26-02A
APPLICANT: Louise Herbert
V.F. Ripley & Associates
401 West Mountain Avenue, Suite 201
Fort Collins, CO 80521-2604
OWNER: Discount Tire Company
PROJECT DESCRIPTION: This is a modification to the Land Use Code for the proposed
Discount Tire Store at the southeast corner of Fossil Creek Parkway and College Avenue.
The applicant is requesting a modification to Section 3.5.3(B)(2) of the Land Use Code
which requires buildings to be setback no more than 15 feet from streets classified smaller
than a full arterial. The applicant is proposing to position the building so that its setback
from Fossil Creek Parkway varies between 26.5 feet and 39.5 feet. The property is in the
C - Commercial Zoning District.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY: This is a request for a modification to the following section of the
Land Use Code:
3.5.3 Mixed -Use, Institutional and Commercial Buildings (B) Relationship of Buildings
to Streets, Walkways and Parking (2) Orientation to Build -to Lines for Streetfront
Buildings (b) — This section of the Land Use Code specifies that buildings shall be
located no more than 15 feet from the right-of-way of an adjoining collector street.
The requested modification to Discount Tire at Fossil Creek P.D.P. is subject to review by
the Planning and Zoning Board. Staff finds that the granting of modification would not be
detrimental to the public good. Staff finds that strict application of the standard would
result in unusual and exceptional practical difficulties (due to physical conditions unique to
such property) because compliance with the standard would mandate the need for a
retaining wall between the building and the street sidewalk, and such a retaining wall
would detract from the ability to use the street sidewalk.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT