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Home My WebLink AboutRIGDEN FARM, 8TH FILING, LOT 5, GREASE MONKEY/CARWASH - PDP - 56-98AI - DECISION - FINDINGS, CONCLUSIONS & DECISIONt-- Lox� "4 n'-- - - - r— Shops at Rigden Farm Grease ,donkey Administrative Hearing Findings, Conclusions, and Decision March 21, 2006 Page 5 of 5 B. The Rigden Farm, 8th Filing, Lot 5 (Grease Monkey) Project Development Plan is consistent with the Rigden Farm Overall Development Plan. C. The Rigden Farm, 8th Filing, Lot 5 (Grease Monkey) Project Development Plan is consistent with the approved Rigden Farm, 8th Filing, Shops at Rigden Farm Project Development Plan. D. The Rigden Farm, 8th Filing, Lot 5 (Grease Monkey) Project Development Plan satisfies the development standards of the NC zoning district. E. The Rigden Farm, 8th Filing, Lot 5 (Grease Monkey) Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except for standards found in Section 3.5.3(B)(2). F. The Rigden Farm, 8th Filing, Lot 5 (Grease Monkey) Project Development Plan request for modification of standard to the Orientation to Build -To Lines for Streetfront buildings requirements of Section 3.5.3(B)(2) 1. Is not detrimental to the public good; and 2. The plan as submitted will promote the general purpose of the standard equally well than would a plan which complies with the standard for a modification is requested. DECISION The Rigden Farm, 8th Filing, Lot 5 (Grease Monkey) Project Development Plan, #56- 98AI, is hereby approved by the Hearing Officer without condition. Dated this 21st day of March, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. i Cameron Gloss Current Planning Wirector Shops at Rigden Farm Greast ,00nkey Administrative Hearing Findings, Conclusions, and Decision March 21, 2006 Page 4 of 5 There was no evidence introduced at the hearing to contradict the Staff Report; therefore, the Hearing Officer finds that the PDP is in conformance with the applicable requirements found in Article 4 of the Land Use Code. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Staff Report summarizes the PDP's compliance with the design standards of Article 3 of the LUC except for Section 3.5.3 (13)(2) which requires that new commercial buildings be sited to have visually -continuous, pedestrian -oriented street fronts with no vehicle use are between building faces and the street. In this particular case, since the proposal does not satisfy the standards, and the LUC makes no provision for an alternative compliance plan, the applicant must seek a modification to the standard. There was no evidence submitted at the hearing to contradict the statements and conclusion of the Staff Report concerning compliance or to otherwise refute compliance with all remaining standards of Article 3 4. Compliance with the Review Criteria for Modification to Standard -Request to Modify the Orientation to Build -To Lines for Streetfront Buildings Standard In evaluating the request for a modification, the Hearing Officer has determined that the applicant has sited the buildings, and provided pedestrian improvements and architectural features, in a manner that will allow the proposed development to perform as well as a compliant plan. In particular, the applicant has sited the building with the office space located closest to other existing shops within the shopping center and directly aligned with, and connected to, the pedestrian sidewalk system. This site configuration will allow patrons awaiting service to have a safe pedestrian route within close proximity to other retail and commercial services within the shopping center. Further, screening walls will be constructed extending north and south of the car wash building along with landscape plantings that will physically align with the existing "build -to" line along Illinois Drive. SUMMARY OF CONCLUSIONS A. The Rigden Farm, 8ch Filing, Lot 5 (Grease Monkey) Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). Shops at Rigden Farm Grease monkey Administrative Hearing Findings, Conclusions, and Decision March 21, 2006 Page 3 of 5 FACTS AND FINDINGS 1. Site Context The surrounding zoning and land uses are as follows: N: NC; existing commercial (Shops at Rigden Farm) E NC; vacant, undeveloped (Rigden Farm) S: NC; vacant, undeveloped (Rigden Farm) W: NC; existing commercial (Shops at Rigden Farm) The properties were annexed into the City as part of the Timberline Annexation in November, 1997. The property is a portion of Parcel A of the Rigden Farm ODP approved by the Planning and Zoning Board in April, 1999. Parcel A was identified as a Neighborhood Commercial Center (supermarket, pharmacy, offices, retail, restaurants, and multi -family residential) on 28.92 acres. It remained in Parcel A as a Neighborhood Commercial Center on an Amended ODP approved through the minor amendment process in November, 2002. At that time the size of the parcel was reduced to 23.35 acres. The Rigden Farm, 8th Filing (Shops at Rigden Farm) PDP was approved by the Planning and Zoning Board in September 2003 for 114,338 square feet of supermarket, retail and other commercial uses within 7 separate buildings, with 453 parking spaces, on 10.5 acres. Lot 5 (Pad B) was originally approved for a retail building. 2. Compliance with Article 4 and the NC Zone District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the NC zone district. - The Staff Report summarizes the PDP's compliance with these standards. In particular, the proposed automotive lubrication and car wash uses, which are classified as "minor vehicle repair, servicing and maintenance", are permitted within the NC zone district subject to an administrative review. See Section 4.19(2) (c) of the LUC. The Project is also in conformance with Section 4.19(D), land use standards relating to building height, calling for buildings to be at least 20 feet in height, but no greater than five stories. Shops at Rigden Farm Grease monkey Administrative Hearing Findings, Conclusions, and Decision March 21, 2006 Page 2 of 5 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 10:30 am on March 21, 2006 in Conference Room A at 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; and (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins. 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: Steve Olt, City Planner From the Applicant: Jody Newton From the Public: None Written Comments: None Commk_ _ry Planning and Environmental rvices Current Planning Citv of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: March 21, 2006 PROJECT NAME: CASE NUMBER: OWNER: APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: Rigden Farm 8th Filing, Lot 5 (Grease Monkey and Car Wash) Project Development Plan #56-98AI Rigden Farm LLC 1027 West Horsetooth Road Fort Collins, CO 80526 Automotive Development Group c/o Jody Newton 360 Happy Canyon Road Castle Rock, CO 80108 Cameron Gloss Current Planning Director The Applicant has submitted a request to construct an auto lubrication and car wash facility within two separate buildings. The facility will be located on the northwest corner of Custer and Illinois Drives within the Shops at Rigden Farm Neighborhood Center. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: NC- Neighborhood Commercial STAFF RECOMMENDATION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020