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HomeMy WebLinkAboutDISCOUNT TIRE AT FOSSIL CREEK - PDP/FDP - 26-02 - REPORTS - RECOMMENDATION/REPORTRehearing of Discount Tire at Fossil Creek P.D.P., File # L6-02 October 1, 2003 Type 1 Hearing Page 8 FINDINGS OF FACT/CONCLUSIONS After reviewing the Discount Tire at Fossil Creek P.D.P., staff makes the following findings of fact and conclusions: 1. The proposed land use is permitted in the (C) Commercial zone district. 2. The Project Development Plan complies with all applicable district standards of Section 4.17 of the Land Use Code, the (C) Commercial zone district. 3. Upon action by City Council vacating several portions of College Avenue and Fossil Creek Parkway rights -of -way, the Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code, except section 3.5.3(B)(2) where a modification was granted by the Planning and Zoning Board. RECOMMENDATION: Staff recommends approval of the Discount Tire at Fossil Creek P.D.P., File # 26-02 under the following two conditions: 1. The applicant shall ensure that the store will close no later than 6:00 p.m.; and 2. This approval is contingent upon the City Council vacation of the proposed portions of College Avenue and Fossil Creek Parkway rights -of -way as specified on exhibit A of "Right-of-way vacations for Discount Tire at Fossil Creek PDP" which will be attached to an upcoming City Council ordinance. Rehearing of Discount Tire at Fossil Creek P.D.P., File # ;e6-02 October 1, 2003 Type 1 Hearing Page 7 • Operational/Physical Compatibility Standards [3.5.1(J)] — The hearing officer has the ability to impose restrictions on the hours of operation in order to ensure that new development will be compatible with existing neighborhoods and uses. Much concern was expressed by nearby residential neighbors regarding noise levels during early evening hours when they are getting home from work and eating dinner. Staff recommends to the hearing officer that a condition specifying that the closing time shall be no later than 6:00 p.m. will satisfy any noise -related compatibility concerns. 2. Mixed -Use, Institutional and Commercial Buildings [3.5.3] — The applicant was granted a modification to Section 3.5.3(B)(2) of the Land Use Code from the Planning and Zoning Board on August 15, 2002. The standard would normally require buildings to be setback no more than 15 feet from streets classified smaller than a full arterial, however the applicant was granted permission to position the building so that its setback from Fossil Creek Parkway varies between 26.5 feet and 39.5 feet. The building otherwise satisfies the requirements of Section 3.5.3 for variation in massing, fagade treatment, entrance treatment, and the base and top treatment requirements, therefore the application satisfies the requirements of this section of the code. D. Transportation and Circulation [3.6] Master Street Plan [3.6.1 ] — College Avenue is designated as a "Major 6 Lane Arterial" on the Master Street Plan, and Fossil Creek Parkway is designated as a "Collector 2 Lane." According to current standards, there is excess right-of-way on College Avenue. This project proposes vacation of the excess College Avenue right-of- way, as well as the vacation and dedication of small portions of right-of-way on Fossil Creek Boulevard. These vacations must be approved by council, which staff anticipates will be approved without controversy. Staff does however recommend that a condition be placed on the approval of the P.D.P. that conditions such approval upon successful right-of-way vacation by City Council. 2. Transportation Level of Service Requirements [3.6.4] — The Transportation Planning Department and the Traffic Operations Department have determined that the project meets the applicable Transportation Level of Service(LOS) requirements. Rehearing of Discount Tire at Fossil Creek P.D.P., File # L6-02 October 1, 2003 Type 1 Hearing Page 6 Article 5 of the Land Use Code, "compatibility" is defined as follows: "Compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development." The primary issue in this case regarding "compatibility" is the extent to which the noise generated by Discount Tire will be of an intensity and duration that is sensitive to the nearby residential uses. The proposed Discount Tire PDP includes a sound analysis that shows that the measurement of noise coming from a typical Discount Tire building to be approximately 59 decibels at 89 feet in distance in front of the building. The actual south property line of the Discount Tire PDP is 220 feet (at its closest point) in front of the garage door side of the building. The Fort Collins City Code [Sec. 20-23] specifies that noise originating from a commercial use that travels into a residential zone district shall be limited to no more than 55 decibels between 7:00 a.m. and 8:00 p.m. Staff has determined that, based on the information submitted, that the Discount Tire's noise levels in the adjacent residential zone district will be lower than 55 decibels during Discount Tire's proposed operating hours, and therefore compatible when considered in context with the surrounding area. • Architectural Character [3.5.1(B)] - The proposed building uses the same colors and materials already found in the neighborhood therefore is compatible with the established architectural of buildings in the surrounding area. • Outdoor Storage Areas/Mechanical Equipment [3.5.1(1)] -Utility meters, trash collection, and other service functions are incorporated into the overall design scheme of the site so that these uses are screened and out of view of high visibility areas. Rehearing of Discount Tire at Fossil Creek P.D.P., File # z6-02 October 1, 2003 Type 1 Hearing Page 5 ratio were applied, however there is no on -street or shared parking available on any adjacent site, and the parking lot landscaping exceeds the minimum required by more than 20%, therefore 46 spaces is permitted. 3. Solar Access, Orientation, Shading [3.2.3] — The proposed plan is designed in a way that protects its roof's access to sunshine between 9am and 3pm on December 21 st. The physical elements of the development plan are located and designed in a way that will not cast a shadow onto structures within the site or on adjacent property greater than allowed in this section. 4. Site Lighting — [3.2.4] — As required the applicant is using lighting fixtures that are concealed and fully shielded featuring sharp cut-off capability which reduces up -light, spill -light, glare and unnecessary diffusion on adjacent property. The maximum and minimum lighting on -site lighting levels are in compliance with this section. B. Engineering Standards [3.3] Plat Standards [3.3.1] As required, the general layout of the lots, ,roads, driveways, utilities, drainage facilities, and other services within the proposed development are designed in a way that utilizes the existing street system within the neighborhood. Proper right-of- way has been dedicated for adjacent public streets, emergency access easements, and utility easements have been provided as needed to serve the area being platted. 2. Water Hazards [3.3.3] — The PDP has been reviewed by and complies with the requirements of the Stormwater Department. 3. Engineering Design Standards [3.3.5] — This project complies with all design standards, requirements, and specifications for all of the commenting departments and agencies. C. Building Standards [3.5] 1. Building and Project Compatibility [3.5.1 ] — Purpose [3.5.1(A)] — Physical and operational characteristics of proposed buildings and uses are required to be compatible when considered in context with the surrounding area. This commercially zoned property is adjacent to US Highway 287, existing retail, existing offices, and existing residential uses. In Rehearing of Discount Tire at Fossil Creek P.D.P., File # z6-02 October 1, 2003 Type 1 Hearing Page 4 landscape plan therefore satisfies the foundation plantings requirement. • Parking Lot Perimeter Landscaping [3.2.1(E)(4)] —Trees are provided in excess of the required 1 tree per 40 feet around between the vehicular areas and the adjacent streets. The landscape plan therefore satisfies the parking lot perimeter landscaping requirement. • Screening [3.2.1(E)(6)] —Landscape and building elements are placed to adequately screen areas of low visual interest and visually intrusive site elements including the trash enclosure area. • Utilities [3.2.1(K)] —The landscape and utility plans have been coordinated and the required tree/utility separations have been provided, thereby satisfying this standard. 2. Access, Circulation and Parking [3.2.2] • Safety Considerations [3.2.2(C)(1)] — Pedestrians are separated from vehicles and bicycles to the maximum extent feasible, thereby satisfying this requirement. • Curbcuts and Ramps [3.2.2(C)(2)] — Ramps are provided where the street sidewalks cross the private drive aisles, thereby satisfying this requirement. • Parking Lot Layout [3.2.2(E)] — The on -site vehicular area provides well-defined circulation routes for vehicles and pedestrians. Landscaped peninsulas with raised curbs define vehicular area entrances. This standard is therefore satisfied. • Parking Lots — Required Number of Off -Street Spaces for Type of Use [3.2.2(K)] — This Section of the Land Use Code specifies that vehicle servicing and maintenance establishments can have up to 5 spaces per 1000 square feet of gross leasable area of building. However, in the event that on -street or shared parking is not available on land adjacent to the use, the maximum allowed parking may be increased by 20%, provided that the amount of parking lot landscaping is also increased by 20%. The applicant proposes 46 parking spaces, which does in fact exceed the 42 spaces that would be allowed if the 5/1000 Rehearing of Discount Tire at Fossil Creek P.D.P., File # 16-02 October 1, 2003 Type 1 Hearing Page 3 hearing in that he considered evidence relevant to the finding which was substantially false. In accordance with the procedures for appeals as described in Chapter 2, Article II, Division 3 of the City Code, City Council decided to remand the matter back to the administrative hearing officer for rehearing. 3. Division 4.17 of the Land Use Code, Commercial District (C) The proposed use of "minor vehicle repair, servicing and maintenance" is a permitted use in the (C) Commercial Zoning District subject to administrative review. 4. Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable General Development Standards as follows: A. Site Planning and Design Standards [3.2] 1. Landscaping and Tree Protection [3.2.1 ] • Full Tree Stocking [3.2.1(D)(1)(c)] — Full tree stocking is required in all landscaped areas within 50 feet of any building along high use or high visibility sides. Full tree stocking is formal or informal groupings of trees planted at 30' to 40' spacing intervals for canopy shade trees, or at 20' to 30' spacing intervals for coniferous evergreens or ornamental trees. The proposed site plan satisfies this standard. • Street Trees [3.2.1(D)(2)] — Street trees are required at 30 to 40 foot spacing along adjacent streets. The application satisfies this standard. • Minimum Species Diversity [3.2.1(D)(3)] — Based on the total proposed number of new trees (48), the applicant would be allowed to have up to 25% of any one species (12), but has only proposed a maximum of 9 of one species, therefore satisfies the minimum species diversity requirement. • Foundation Plantings [3.2.1(E)(2)(d)] — All exposed sections of building walls located in high visibility areas have planting beds of at least 5 feet in width. The Rehearing of Discount Tire at Fossil Creek P.D.P., File # z6-02 October 1, 2003 Type 1 Hearing Page 2 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. History of the Appeal At the original Type 1 hearing for the Discount Tire at Fossil Creek Project Development Plan, conducted on July 2, 2003, a representative of Discount Tire Company mistakenly stated that the normal hours of operation for the proposed Discount Tire Company building would be from 8:30 a.m. to 5:30 p.m., Monday through Saturday, closed on Sundays. Subsequently, on July 14, 2003, the administrative Hearing Officer approved the Discount Tire at Fossil Creek Project Development Plan subject to the condition that "the Applicant shall include on the Final Plan, the hours of operation of 8:30 a.m. to 5:30 p.m. Monday through Saturday." The Appellant contended that the actual hours of operation for all Discount Tire Company stores, nationwide, is 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:30 a.m. to 5:00 p.m. on Saturday. At the September 2, 2003 appeal hearing on this matter, Council considered the testimony of City staff, the Appellants, and the Opponents to the Appeal. In subsequent discussion at this hearing, Council determined that the Administrative Hearing Officer did not conduct a fair ITEM NO. 2 of 2 MEETING DATE 101112043 STAFF Troy Jones City of Fort Collins HEARING OFFICER STAFF REPORT PROJECT: Rehearing of Discount Tire at Fossil Creek P.D.P., File # 26-02 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 rehearing for the project. The original hearing was conducted on July 2, 2003. The hearing officer's decision was subsequently appealed to City Council. On September 2, 2003, the City Council remanded the decision back to the hearing officer for rehearing. The applicant is intending to construct a tire store at the southeast corner of College Avenue and Fossil Creek Boulevard. The property is located in the Commercial (C) zone district. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The proposed land use, "minor vehicle repair, servicing and maintenance", is permitted in the (C) - Commercial zone district subject to a Type 1 review. The Project Development Plan complies with all applicable district standards of Land Use Code Section 4.17, (C) - Commercial zone district. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Fort Collins Land Use Code. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT