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Home My WebLink AboutMODIFICATION OF STANDARD (943 E. PROSPECT RD. - RITE AID) - 6-99 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSimpair the intent and purposes of the Land Use Code in regard to the LMN District. The proposed parking lot is a small 14-space extension of the overall Rite Aid parking lot. We anticipate that this parking lot will experience less vehicular activity than the remaining parking lot for two reasons. First, the parking area is a dead-end parking lot without through circulation and secondly, the parking spaces are the farthest from the front entrance. The lot is well landscaped and it is screened with a six foot privacy fence on the south and generous landscaping on the west side. Parking lot lighting has been kept to a minimum consistent with city lighting standards. One parking light standard is proposed to be located at the west end of the parking lot. The standard is 25 feet tall with down directed, cut- off type lighting fixtures that match the rest of the center. Surrounding land uses include an American Insurance office to the west and Prospect Springs Condominiums to the south. The only residential dwelling unit affected is located to the south approximately 11.5 feet from the edge of the proposed parking lot. With the six foot screen fence and proposed landscaping, the condominium unit should not be adversely affected. There are two large existing trees near the property line on the south that will be retained. We do not believe that either the condominiums or the office development will be adversely affected by the parking lot development. B) Secondly, the plan as submitted will advance or protect the public interest and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; Property to the east of Parcel D is zoned NC. It is likely, given the location near an arterial intersection, that the property to the east will develop as a neighborhood commercial center. Prospect Springs Condominiums are located to the south of Parcel D and also wraps around to the west. An American Insurance office is located to the immediate west. If Parcel D does not become part of the neighborhood commercial development at the corner, it will be a single family dwelling sandwiched in between commercial development. (See Sheet 1) Given the small size of Parcel D ( 8,276 square feet) and limited access contraints, it would be very difficult to develop other allowable uses such as a day care center or office building on the property. We believe the proposed plan which incorporates Parcel D into the neighborhood commercial development is a better land use alternative. The resulting land use pattern will be neighborhood commercial at the corner, adjacent to office use and multi -family, transitioning to single family homes further west. approximately .26 acres from the developable property. Consequently, providing adequate parking for the Rite Aid Pharmacy/Foodmart is not possible without acquiring additional property. Since properties further south are not for sale, the applicant's only option is to acquire Parcel D located to the west. Without Parcel D the Rite -Aid development would have less than 30 parking spaces to serve a 13,800 square foot pharmacy. The City's Land Use Code would allow a maximum of 55- 66 parking spaces. Since there is no on -street parking available, we believe more than 30 parking spaces are needed. Justification We understand that in order to approve the Modification Request the Planning and Zoning Board must make the following findings: A) First, the granting of the modification would neither be detrimental to the public good nor impair the intent and purposes of the Land Use Code; The NC - Neighborhood Commercial District is intended to be a mixed -use commercial core area anchored by a grocery store and a transit stop. The main purpose being to meet consumer demands for frequently needed goods and services. The current NC area located at the intersection of Prospect and LeMay Avenues does not include a grocery store. We believe the proposed multi -faceted Rite Aid Pharmacy/Foodmart clearly meets the definition of what a Neighborhood Center should include. The 13,800 square foot store will provide a variety of goods including food, paper products, greeting cards, cosmetics, pharmaceutical products and prescription drugs. In addition, the store also provides a variety of services including concert ticket event sales, photo finishing and health oriented services like mammograms, flu shots and blood pressure checks. Granting this modification would make development of the Rite Aid Drug Store possible. Since the proposed Rite Aid development meets the definition of the purpose of the NC District, granting the modification does not impair the intent and purposes of the Land Use Code in regard to the NC District In fact, development of the store would provide neighborhood residents with goods and services currently not available within the existing Neighborhood Center. The LMN— Low Density Mixed -Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supportive land uses that serve a neighborhood. Typically, Low Density Neighborhoods would be clustered around a Medium Density Mixed -Use Neighborhood with a Neighborhood Commercial Center at its core. The proposed land use pattern from west to east along Prospect Road fits this description. Single-family homes located to the west are adjacent to a mixed -use neighborhood consisting of condominiums and office development followed by the proposed Rite Aid Pharmacy/Foodmart, and Park Central Shopping Center, the neighborhood commercial core situated at the Prospect Road/Lemay Avenue intersection. Therefore, we believe granting the modification would also not V'F RIPLEY .ASSOCIATES INC. Lmtdscape Architecture Urbmt Desien , Planning Modification Request I I L Bronzy Hill Drive Rite Aid Pharmacy/Foodmart Fort Collins. Colorado 50575 PHovr_ (970) 114-5827S Parking Lot Extension- F.AX,97°I";-1eti' This request is for a modification to Section 3.2.2(D) of the City's Land Use Code which addresses Access and Parking Lot Requirements and specifically to section 3.2.2(D)(3) which states that "only off-street parking areas provided to serve uses permitted in a zone district predominated by residential uses will be allowed in such district." In other words, parking spaces which serve a use (in this case the Rite Aid Drug Store) which would not be allowed in the LMN District cannot be allowed in the LMN District without a modification. The applicant is proposing to build approximately fourteen off-street parking spaces in the OAN — Low Density Mixed -Use Neighborhood District to serve a Rite Aid Pharmacy/Foodmart in the adjacent NC — Neighborhood Commercial District. Background Approximately 3.8 acres of property located at the southwest corner of Lemay Avenue and Prospect Road was zoned NC — Neighborhood Commercial when the city's Land Use Code was adopted in 1997. The area zoned NC had been previously developed and includes a gas station at the corner along with two residential properties to the west and four residential properties to the south. The applicant has been successful in being able to assemble five individual parcels of land at the southwest corner of Prospect Road and Lemay Avenue. (See Sheet 1) Parcels A, B,C, and E all fall within the NC — Neighborhood Commercial District. Parcel D, however, is located in the LMN — Low Density Mixed -Use Neighborhood District. The assembled properties zoned NC at the corner together create a parcel that is only 1.22 acres. The property becomes even smaller when new city street standards require additional right-of-way on both Lemay Avenue and Prospect Road to be dedicated with development of the corner. The additional right-of-way dedication will remove Prospect Springs Condominium unit south of Parcel D (parking lot would be located 5' north of the fence line) American Insurance office located west of Parcel D (Prospect Road in foreground) Alpha Center for Women west of the American Insurance office (Prospect Road in foreground) Parcel D with existing single family house (Prospet Road in foreground) Entrance to Prospect Springs Condominiums located west of Parcel D (Prospect Road in foreground) ww omL Low Md moomm lom NF101WMopD P6NpTK wDIDQ11VL Cb�IX'hK CWO{CIK r�r - PROSPECT STREET -� M? c�^I��tYC.�.^��.��J.11u.Yd:��°:�R.7�luJ MALIAN 1�LiCte zvzss � 1 t _D r rM � COIIIIFNOK � = IZ a W O � i � I �p I I .. Lj MEDIUM DENS . Ml% -USE NEIG BMHH00D rNT �1 RrM LCWL OCSGRIFII[W .m �- RCQUW MR MODMATION PARMG ON PARCH D FORE WI11rS COIARADO wo�r_ux _nx E. PROSPECT ROAD ZZ LU z LU LU rswm mroa _ anvn R 1J.:i AID REQUEST FOR MODFII CMN PARKING ON PARCEL D FORT COLLINS COLORADO w tenon ro onwon nowt E. PROSPECT iROAD �o C Z� is �r r.�srn W p ti .Vm� IffilL • cme PROSPECT SPRINGS P.U.D. Farr OF EAST ACWS TRACT a) EAST ACRES TRACT 5 e� .ciTM �wm� ME AID REM= FOR MODIFF=ON PARRM, ON PARCEL D FORT COLLINS COIARADO Lj conrcxr ouceu� 1 .• � No Text No Text Modification — Rite Aid, # 6-99 June 3, 1999 P & Z Meeting Page 5 5. FINDINGS OF FACT/CONCLUSION: A. The requested Rite -Aid Modification is a modification of Land Use Code Section 3.2.2(D) Access and Parking Lot Requirements specifically, Section 3.2.2(D) Location (3), subject to review by the Planning and Zoning Board. B. Granting the requested modification would neither be detrimental to the public good nor impair the intent and purposes of this Land Use Code. C. The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested. Specifically, this criteria is met as follows: 1. There are no added safety risks, decrease in efficiency, or decrease in convenience as a result of a portion of the property being located in the LMN District rather that in the NC. 2. The existing single family dwelling is an anomaly given the surrounding development both existing and proposed. 3. The proposed extension of the parking area will support a neighborhood commercial development that is a permitted use NC District. 4. The proposed landscaped parking area will increase the amount of vegetation adjacent to East Prospect Road and the abutting properties just as good as other possible uses and the existing single family dwelling. 5. Given the small size of the lot due to right-of-way dedication and access limitation constraints, it is likely to be infeasible to develop an outright permitted use in addition to the required driveway width, landscape and adequate parking on -site for the respective land uses. 6. There are not adverse impacts on the abutting property owners to the west. 6. RECOMMENDATION: A. Staff recommends approval of the Modification of a Standard for 943 East Prospect (pending Rite -Aid Project Development Plan #6-99). Modification — Rite Aid, # 6-99 June 3, 1999 P & Z Meeting Page 4 The proposed plan addresses safety, efficiency, and convenience for vehicles, bicycles, pedestrians and transit equally well, as would a plan that complies with the standard. This is accomplished since there are no added safety risks, decrease in efficiency, or decrease in convenience as a result of a portion of the property being located in the LMN District rather that in the NC District. The proposed development plan, which incorporates parcel D into the overall neighborhood commercial development, is a reasonable land use alternative. The resulting land use pattern will be neighborhood commercial at the corner (with the proposed parking lot extension), adjacent to office use and multi -family, transitioning to single family homes further west. The existing single family use appears to be an anomaly given the surrounding development permitted by the N-C District. Other considerations that support the finding that the proposed plan protects the purpose of the standard equally well or better than include: 1. A well landscaped parking area will increase the amount of vegetation adjacent to East Prospect Road and the abutting properties just as good as other possible LMN uses and the existing single family dwelling. 2. The existing 8, 276 square foot site is developed with a single family dwelling with an access drive onto Prospect Road. Future re -development of the lot, if developed consistent with the LMN District, would likely be limited to a day care center or offices. Given the small size of the lot due to required East Prospect Road right-of- way dedication (.19 acres to .14 acres) and access limitation constraints, it is likely to be infeasible to develop an outright permitted use in addition to the required driveway width, landscape and adequate parking on -site for the respective land uses. a. The City of Fort Collins has been working on the East Prospect Road and Lemay Avenue intersection since the early 1990's. In 1991 and 1992 the City purchased Parcel E and portions of Parcel D, A and C for a right turn lane for east bound East Prospect Road onto South Lemay Avenue. In April, 1999, the City sold Parcel E and received an additional 17.5 feet of right-of-way adjacent to Parcels A and C lineal frontage with this land exchange. However, additional right-of-way dedication will be required with the project development plan. Modification — Rite Aid, # 6-99 June 3, 1999 P & Z Meeting Page 3 "This Section is intended to ensure that the parking and circulation aspects of all developments are well designed with regard to safety, efficiency and convenience for vehicles, bicycles, pedestrians and transit, both within the development and to and from surrounding areas." 3. APPLICANT'S REQUEST. The proposed parking lot within the LMN District is a 14-space extension of the overall Rite Aid parking lot located within the NC District. According to the applicant, it is anticipated that this parking lot within the LMN District will experience less vehicular activity than the remaining parking lot for two reasons: "First, the parking area is a dead-end parking lot without through circulation and . secondly, the parking spaces are the farthest from the front entrance. The lot is well landscaped and it is screened with a six foot privacy fence on the south and generous landscaping on the west side. Parking lot lighting has been kept to a minimum consistent with city lighting standards. One parking light standard is proposed to be located at the west end of the parking lot. The standard is 25 feet tall with down directed, cut-off type lighting fixtures that match the rest of the center." According to the applicant, the current NC area located at Prospect and Lemay Avenues does not include a grocery store and that the multi -faceted Rite Aid Pharmacy meets the intent of what a Neighborhood Center should include, especially since the proposed 13,800 square foot store will provide a variety of goods including food, paper products, greeting cards, cosmetics, pharmaceutical products and prescription drugs. In addition, the store will provide the following services including concert ticket event sales, photo finishing and health oriented services. The applicant contends that the NC District is intended to be a mixed -use commercial core area providing frequently needed consumer goods and services anchored by a grocery store providing frequently needed goods and services. The proposed extension of the parking area will support a neighborhood commercial development that is a permitted use in the NC District. 4. EVALUATION OF MODIFICATION REQUEST There are permitted uses in the LMN District that would allow a parking lot to be built on this parcel. For example, a free standing office building over 5,000 square feet is a permitted use within the LMN District. The parking requirements of 5,000 square foot office would allow a maximum 22 parking spaces. This intensity is greater than the applicant's proposal. Therefore, this type of parking is not inconsistent with the LMN District or with what could possibly be developed within the LMN District. Modification — Rite Aid, # 6-99 June 3, 1999 P & Z Meeting Page 2 COMMENTS 1. BACKGROUND The applicant has assembled five individual parcels of land at the southwest corner of East Prospect Road and South Lemay Avenue. Parcels A, B, C, and E lie within the NC — Neighborhood Commercial District, and, Parcel D, however, lies within the LMN — Low Density Mixed -Use Neighborhood District and is developed with an existing single-family dwelling (see attached photos and sheet 1 of 3). The surrounding zoning and land uses from the proposed project development plan are as follows: N: RL and NC- single-family and commercial W: LMN- multi -family and commercial (see attached photos) S: LMN and NC- residential E: NC- commercial These properties were annexed into the City as part of the Second Spring Creek Annexation, July 1967and the Schrader First Annexation, October 1961. 2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS (1) Division 2.8 MODIFICATION OF STANDARDS This request is for a modification to Land Use Code Section 3.2.2(D) Access and Parking Lot Requirements subsection (D) Location (3) which states: "Only off-street parking areas provided to serve uses permitted in a zone district predominated by residential uses will be allowed in such district." (See attached request for modification) The Land Use Code prohibits parking spaces that serve a use which would not be allowed in the LMN District (in this case, a proposed 13,800 square foot Rite Aid Drug Store). As specified in the LUC Section 2.8.2 Modification Review Procedures, the Planning and Zoning Board shall review, consider, and approve, approve with conditions or deny an application for a modification of standards based on compliance with LUC 2.8.2 (H) states: "the plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested." The purpose of the Section 3.2.2(D) for which the modification is being requested is specified in Section 3.2.2(A), states ITEM NO. 5 1f MEETING DATE 6/3/99 1 STAFF Ron Fuchs Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Modification of a Standard (943 East Prospect Road — Rite -Aid #6-99) APPLICANT: Ms. Linda Ripley VF Ripley and Associates 1113 Stoney Hill Drive Fort Collins, CO 80525 OWNERS: Mr. Laverne J. and Mrs. Dorothy M. Olson 943 East Prospect Fort Collins, CO 80525 PROJECT DESCRIPTION: This is a request for a modification of Land Use Code Section 3.2.2(D) Access and Parking Lot Requirements specifically, Section 3.2.2(D) Location (3) to allow a commercial parking lot in the LMN - Low Density Mixed -Use Neighborhood District. The property (943 East Prospect Road) is located on the south side of the Prospect Road near the southwest corner of the intersection of Prospect Road and Lemay Avenue. RECOMMENDATION: Staff recommends approval of the modification request. EXECUTIVE SUMMARY: This request is for a modification to Land Use Section 3.2.2 Access, Circulation and Parking subsection (D) Location (3) to allow a commercial parking lot in the LMN — Low Density Mixed -Use Neighborhood District. This request is not a modification of the list of permitted uses as a use contained within Article 4 of the Land Use Code, but a modification to the GENERAL DEVELOPMENT STANDARDS of Article 3 of the Land Use Code. Without this modification request, the fourteen parking spaces, (which serves a use not permitted in the LMN District) would not be allowed within the LMN District. The applicant intends to submit a project development plan for a 13,800 square foot Rite - Aid Drug Store, a permitted use in the NC — Neighborhood Commercial District at the southwest corner of East Prospect Road and Lemay Avenue. The proposed building is a one 1-story building, with 31 associated parking spaces, on four contiguous parcels of land within the NC District and 14 spaces on an abutting lot located within the LMN — Low Density Mixed -Use Neighborhood District. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT