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Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 14
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 13
B. The P.D.P. complies with the applicable land use and development standards of
Article Four, Section 4.21 General Commercial zone district.
C. The P.D.P. complies with the applicable Article Three General Development
Standards with one exception.
D. A Request for Modification of Standard to Section 3.5.3(C)(2)(b), Build -to Lines,
has been submitted and evaluated by Staff.
E. Staff finds that the Request for Modification of Standard complies with applicable
criteria under Section 2.8.2(H) in that:
• The granting of the Modification would not be detrimental to the public good;
• The plan as submitted will promote the general purpose 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.
F. This is because the building orientation promotes compatibility by keeping the
intrusive elements the maximum feasible distance away from, and well -screened
from, the motel. The polygon shape of the parcel and curvature of the public
street create practical hardships with building and fueling placement. The rest
stop and outdoor dining patio are features that are otherwise not required. There
is no established urban character in the Interchange Business Park that is
diminished as a result of the Modification.
RECOMMENDATION:
Staff recommends:
1. Approval of the Request for Modification of Standard
2. Approval of the Maverik Convenience Store and Fuel Facility, #PDP150028.
Attachments:
1. Staff Report
2. Applicant's Statement of Planning Objectives
3. Applicant's Request for Modification of Standard
4. Zoning Map
5. Site Plan
6. Landscape Plan
7. Architectural Elevations
8. Two Illustrations of Rest Stop Concept
9. Lighting Plan
10. Plat
11. Transportation Impact Study
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 12
Combined, the proposed improvements are well -planned and integrated into the
surrounding motel and Interchange Business Park with the connecting walkways. While
not meeting the precise definition of mixed -use development, the P.D.P. creates
additional opportunities for the traveling public, local commuters and business park
employees to enjoy the benefits of the project.
There is no established urban character in the larger commercial setting. The Build -to
Line standard is specifically intended to promote an urban design that allows buildings
to relate to streets and promote walkability. The Interchange Business Park, however,
does not feature any of these characteristics. Rather, buildings are set back behind
parking lots in a more suburban layout. The P.D.P, with its building placement as
proposed, does not detract from any established urban form.
F. Staff Findings:
Based on this evaluation, staff finds that building orientation promotes compatibility by
keeping the intrusive elements of the store and fueling area the maximum feasible
distance away from, and well -screened from, the motel. The shape of the parcel and
curvature of the public street create practical hardships with building and fueling
placement. The rest stop and outdoor dining patio are features that are otherwise not
required. There is no urban context in the Interchange Business Park that is negatively
impacted by the proposed building placement. Staff, therefore, finds that the Request
for Modification to Section 3.5.3(C)(2)(b) is justified based on the criteria of Section
2.8.2(H)(1):
• The granting of the Modification would not be detrimental to the public good;
• The plan as submitted will promote the general purpose 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.
5. Findings of Fact/Conclusion:
In evaluating the request for Maverik Convenience Store and Fuel Stales P.D.P., Staff
makes the following findings of fact:
A. The P.D.P. is in compliance with the Northern Colorado 1-25 Corridor Plan —
Regional Communities (2001) and the 1-25 Subarea Plan (2003).
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 11
with its pedestrian traffic, glazing, lighting and signage, will face away from the motel as
well.
D. Modification Criteria
The applicant contends that the Request for Modification is justified by the criteria of
Section 2.8.2(H)(1) in that:
• The granting of the Modification would not be detrimental to the public good;
• The plan as submitted will promote the general purpose 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.
This is because the P.D.P. demonstrates compatibility with the motel and provides for
additional site development features that would normally not be required of a facility that
complied with the standard. For example, the project includes the following:
• A rest stop area that includes shade trees, three picnic tables with pergolas,
lighting, trash containers, fenced tot lot and fenced dog walking area.
• Outdoor dining patio on northwest side of the convenience store that features
a side entrance to the store, landscaping, picnic tables, trash containers and
cafe -style overhead lighting.
The applicant contends that these features go above and beyond standard
requirements and would not otherwise be required or provided if the building complied
with the build -to line standard. Therefore, the P.D.P. is equal to or better than a plan
that would have otherwise complied.
E. Staff Evaluation
The building placement and fueling area are indeed oriented in such a way as to face
away from the motel. This allows both uses to co -exist without unwanted intrusion.
The rest stop features will provide an added benefit to the traveling public. The extent
of these features is not a token effort but represents a significant private improvement
that will likely see heavy usage given the highly visible location at the intersection of an
interstate and state highway. The proposed features promote activity and are not
simply a passive aesthetic. In addition, the outdoor dining patio also lends itself to
engaging the public at a level other than retail transactions in an attractive setting.
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 10
• In the Long Range Future, The TIS notes that significant delays are projected
for motorists exiting the site. Improvements would be the responsibility of the
applicant, and will not be funded by CDOT. Neither a signal nor an all -way
stop will be allowed by CDOT (a conclusion that is supported by the City due
to the proximity to the Mulberry intersection). It was offered to the developer
that installation of a roundabout at the Frontage Road, and Denrose/Access
location to improve function for their exiting vehicles would be allowed, but the
developer is choosing not to construct this. Since this only impacts the
developer's exiting traffic, and no other traffic, it is not being required.
4. Modification of Standard — Section 3.5.3(C)(2)(b) — Orientation to Build -to
Lines for Streetfront Buildings:
A. The Standard at Issue:
The standard requires that buildings shall be located no more than 15 feet from the
right-of-way of an adjoining street if the street is smaller than a full arterial street or has
on —street parking. The Southeast Frontage Road is classified as a Local Street thus
requiring the 15-foot build -to line. The request does not qualify for compliance under
the allowable exceptions to the standard listed in Section 3.5.3(C)(2)(d).
B. Applicant's Proposal:
The applicant proposes to locate the convenience store a varying distance from the
Southeast Frontage Road that, due to the curvature of the roadway, the polygon shape
of the parcel and the angle of the building footprint, substantially exceeds 15 feet. The
building placement, relative to the public street, is set back from the street ranging from
152 feet at the southeast corner of the building to 275 feet at the northwest corner of the
building. (As noted, the roadway to the northwest is the old CDOT frontage road that
now dead -ends at the motel driveway and is not being used for access to the site.)
C. Applicant's Justification:
The applicant, in the Planning Objectives, states that the proposed building orientation
relative to the public street is due primarily to shield the motel from the activity, noise
and lighting associated with the front of the store and the fuel facility. With the proposed
placement, the back and southeast side of the store will act as a buffer that will block
the store entrance and fueling operations, including the tanker truck deliveries, from the
motel rooms. Further, with the building placement as proposed, the front of the store,
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 9
feet (horizontal pattern). The balance of the facades, for a height of 19 feet, are
sheathed in a fiber cement material arranged in a board and batten pattern
(vertical). The walls are topped with a cornice/valence detail that extends 7.5
inches off the wall. For a building that is only 20.5 feet in height, the distinct
base, middle and top are combined in such a way as to comply with these
standards.
(2.) Canopy
The canopy is large. It is a rectangle, measuring 52' x 136' that covers 7,072
square feet of area. Although the applicable standards are not directly related to
fuel canopies, the mass of the canopy is mitigated by breaking up its long
horizontality with various roof features. The primary mitigation is the use of a
faux mansard on all four sides. This mansard is angled 45 degrees, relative to
the flat deck, for a height of 2.5 feet. In addition, there is pitched roof feature
consisting of timbers and sloping metal roof that replicates the store entry feature
and is placed directly in line with the entrance. Also, two smaller projecting
dormer -like features anchor the ends which include the matching sloped metal
roof and feature the logo. Finally, the faux mansard and three accent roof
features are painted green and the fascia is painted in an earth tone with both
colors matching the store.
O. Section 3.6.4 — Transportation Impact Study:
A Transportation Impact Study was performed for this P.D.P. The following conclusions
are the result of City and CDOT review of the study.
• The anticipated traffic impacts were evaluated under both the Short Range
Future (year 2016) and Long Range Future (year 2040). In general, the
overall adjacent roadway network is projected to have sufficient capacity to
accommodate the projected traffic volumes.
• Both the Frontage Road and SH14 (Mulberry) is under the jurisdiction of the
Colorado Department of Transportation (CDOT). Review of the TIS has been
done in collaboration with CDOT. Approval of change in use permits for this
development's access will be required from CDOT separate from any City
process prior to Final Plan submittal.
• Use of the `Old Frontage Road' (located very close to SH14) will not be
allowed for this development and is noted as such on the plans.
• For pedestrians, a five foot wide detached sidewalk will be installed along the
property's frontage along the Frontage Road. Sidewalk ramps (both east and
west side) will be installed on the south side of Denrose Court/Frontage Road
intersection, but no crosswalk markings installed at this time.
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 8
N. Section 3.5.3(C)(1) — Relationship of Buildings to Streets, Walkways and
Parking — Orientation to a Connecting Walkway.
The front of the building includes walkways that provide pedestrian access in three
directions. For practical purposes, however, as with all fueling facilities, there is no
walkway between the store the fuel islands. Rather, this vehicular use area is traversed
by pedestrians as is customary for this particular service industry. Due to the ubiquitous
nature of the land use, drivers are naturally cautioned to be alert for pedestrians
traversing between the store entrance the fuel pumps.
O. Section 3.5.3(C)(2)(a)(b) — Relationship of Buildings to Streets, Walkways
and Parking — Orientation to Build -to Lines for Streetfront Buildings:
This standard requires that commercial buildings align with any established
building/sidewalk relationship and be located no more than 15 feet from the right-of-way
of the adjoining street (Southeast Frontage Road).
There is no established building/sidewalk relationship in the immediate area by either
the motel or the emissions testing facility. The convenience store, however, does not
comply with Build -to Line standard. A Request for Modification is discussed in a
subsequent section of this staff report.
P. Section 3.5.3(D)(E) — Commercial Architecture
These standards require that the building and fuel canopy feature architectural details
that break up the mass, articulate the facades and are not duplicative of a standardized
prototype design.
(1.) Convenience Store
The 5,505 square foot convenience store varies its mass by use of differing
forms and materials. The front includes a prominent entry feature that protrudes
off the facade by nine feet. This feature is distinguished by use of timbered
columns that support an open, pitched partial roof. Storefront glass dominates
the front elevation. Between the glass and the top of the building there is a
sloped metal awning that complements the entry feature. A series of pilasters
that project off the wall plane are spaced symmetrically for horizontal relief.
The northwest side of the building includes a secondary entrance that serves the
outdoor patio. This entrance is also highlighted by a sloped feature that is
supported by two columns but at a subordinate scale relative to the front and this
side also continues the pattern of pilasters. The southeast side and rear of the
building are less adorned but include the pilasters.
All four elevations feature a distinctive base of cultured stone to a height of four
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 7
Section 3.2.2(J) — Setbacks:
The Southeast Frontage Road is classified as a Local Street. The vehicular use area is
separated from this street by no less than 20 feet which exceeds the required minimum
of ten feet.
J. Section 3.2.2(K)(2) — Non-residential Parking Requirements:
The 5,505 square foot store is considered to be a combination of a 4,505 square foot
General Retail and a 500 square foot Fast Food Restaurant (meaning carry -out
capability not drive -through per the Land Use Code, Section 5.1.2) based on the floor
plan. In addition, due to the outdoor seating features, estimated to be 10 persons,
parking credit can be given under the Commercial Recreation -Outdoor category. Based
on these categories, and the allowable range between the required minimum and the
allowable maximum number of spaces, plus the 20% bonus for no on -street parking, the
P.D.P. complies with this standard in the following manner:
Reg. Minimum
Allowable Max.
20% Bonus
Provided
Retail
2/1,000
4/1,000
4
22
Fast Food
7/1,000
15/1,000
1
8
Outdoor
A/Person
.3/Person
0
3
Total
28
5
33
K. Section 3.2.4 — Site Lighting:
All pole and building -mounted lighting will feature sharp cut-off and fully -shielded
luminaries. The under -canopy lighting will be installed in a manner that features flush
mount relative to the canopy ceiling with a flat lens so the lights do not protrude. The
under -canopy lights, per the Photometric Plan, will be under the maximum allowed at
initial installation of 26 foot-candles. After burn -in, these foot-candles will be reduced to
no more than 20.
L. Section 3.2.5 — Trash and Recycling Enclosure:
The trash and recycling enclosure will feature exterior masonry materials that match the
building and a solid gate.
M. Section 3.3.1 — Plat and Development Standards:
The Plat complies with all the required standards with proper dedications for public
right-of-way, utility, drainage, access and emergency access easements.
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 6
As mentioned, there is an old CDOT frontage road running east -west along the entire
length of the northwest perimeter. This road remains CDOT right-of-way but no longer
serves the state highway system and dead -ends at the motel property. Access to this
private drive is only through the motel parking lot driveway located off -site. Since there
will be cross -access between the Maverik facility and the motel, the network of private
drives may be used by customers of both businesses.
E. Section 3.2.2(C)(4) — Bicycle Parking
For a convenience store, bike parking is required to be no less than one space per
4,000 square feet, or a minimum of four. Spaces must be allocated such that 20% are
enclosed and 80% may be outside in fixed racks. The P.D.P. provides a total of four
spaces, one enclosed, and three in fixed racks located near the side entrance and
outdoor patio, in compliance with the standard.
F. Section 3.2.2(C)(5) — Walkways
Internal private walkways are provided in the following manner:
• Southeast: walkway connection between the Southeast Frontage Road and
the main store entrance;
• West: walkway connection between the side door/outdoor patio to the motel
pool area;
• Northwest: walkway between the patio area and the private drive;
• Northeast: walkway that connects the Southeast Frontage Road and private
drive along the front of the rest stop area.
The network of walkways provides safe access for pedestrians for both businesses to
and from the site.
G. Section 3.2.2(C)(5)b) — Street Crossings
Pervious pavers are provided in two locations (southeast and northwest), which are
dissimilar to concrete, to give drivers both a visual and tactile cue that pedestrians are
expected to cross the roadway in these locations.
H. Section 3.2.2(D)(1) — Access and Parking Lot Requirements — Pedestrian
and Vehicle Separation:
The P.D.P. is a large-scale operation (c-store, 5,500 square feet and fuel facility, ten
pump islands) relative to other facilities within the City. Separating pedestrians from
moving vehicles is of utmost importance. The parking bays are demarcated from the
drive lanes and pump islands by the aforementioned pervious pavers. Drive aisles are
generous to account for safe maneuvering for larger vehicles and small trucks. The rest
stop area is separated from the pump islands by a bay of parking.
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 5
4. Compliance with Applicable Article Three General Development Standards:
A. Section 3.2.1 - Landscaping and Tree Protection:
The site is flanked by two roadways. The Southeast Frontage Road is public and the
roadway along the northwest property line is a former CDOT frontage road upon which
there is no direct access. Both will feature street trees planted in the parkway at
approximately 40-foot intervals to the limits of the site. In addition, foundation shrubs
are provided on three sides of the building. The rest stop area is landscaped with five
shade trees which, over time, will contribute to the quality of the space. Evergreen trees
are included in the mix of trees for species diversity.
B. Section 3.2. 1 (E)(4)(a)(b) — Parking Lot Perimeter Landscaping
The site is functionally defined as a convenience store fuel facility. As such, the 33
parking spaces are distributed in front of the store and around the perimeter in areas
that do not impede circulation associated with the fuel islands. The 12 spaces in front of
the store are internal to the site. The seven spaces to the northwest are screened by
existing evergreen trees. The access drive along the northwest side is screened by a
continuous row of shrubs and the trash enclosure will provide further screening. The 11
spaces facing the triangular -shaped area at the northeast corner are screened by the
landscaping associated with the rest stop features.
C. Section 3.2.1(E)(5) — Parking Lot Interior Landscaping
The fuel island circulation area is not considered the parking lot per se and, for practical
purposes, is not counted as needing to be intemally landscaped. The balance of the
parking lot area provides landscape islands at 6% of the area which complies with
required minimum for parking lots with less than 100 spaces.
D. Section 3.2.2(B) - Access Circulation and Parking
The parking and circulation system is complete and capable of serving the expected
traffic associated with a convenience store and fuel facility located at the intersection of
an interstate highway and a state highway. The driveway along the Southeast Frontage
Road allows for traffic to divert to either the parking in front of the store or any one of the
ten fuel islands.
The internal circulation system connects to the motel parking lot in two locations without
having to rely on the perimeter roads. Turning radii for the fuel delivery truck meet
standard requirements. The two drive aisles are of sufficient width so vehicles
maneuvering in and out of the fuel islands do not conflict with cars parking in front of the
store or at the rest stop area.
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 4
One of the primary findings of the Sub -area plan is that the Interchange Business Park,
at the southeast quadrant of 1-25 and State Highway 14, is designated as an Activity
Center/Commercial Corridor. The Plan states:
"The Commercial Corridors classification is intended to provide for a wide range
of community and regional retail uses, as well as offices, business and personal
services. The majority of Commercial Corridor areas, near the 1-25/Mulberry
Street interchange, are fully developed, whereas areas near the 1-25/Prospect
Road interchange are, for the most part, undeveloped. While this classification is
typically the location for highway business and auto -related uses, it also presents
opportunities over time to transform existing developed areas into mixed -use
(including residential), multi -modal centers, concurring with the overall
community vision for Fort Collins."
According to the 1-25 Corridor Plan Land Use Map, the subject parcel was properly
zoned into the C-G, General Commercial zone district. Most of the development
standards related to the Sub -area plan are already addressed in the Article Three
General Development Standards and the Article Four zone district standards. For those
remaining standards that intended to cover the entire sub -area, Section 3.9 was
established to implement the vision of the plan. The P.D.P. will be evaluated by these
standards, as found applicable, in a subsequent section of this staff report.
3. Compliance with the C-G, General Commercial Zone District:
A. Section 4.21(B)(2) —Land Use:
A Convenience Store with Fuel Sales is a permitted use in the C-G zone subject to
Administrative Review.
B. Section 4.21(E)(2) —Site Design:
This standard requires that pedestrian -oriented outside spaces be placed next to activity
areas that generate the users, such as stores. There are two outdoor spaces. One is
an outdoor patio on the northwest side of the store. This area is served by its own side
door, outdoor furniture, cafe lighting and a pergola. The second is an area located
between the public street (Southeast Frontage Road) and the fuel islands. This
triangular -shaped area features picnic shelters, tables, tot lot and dog walking enclosure
which are designed and intended to encourage activities generally associated with a
highway rest stop.
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 3
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: C State Highway 14 & Equipment Rental (Commercial, County)
S: C-G Otter Box Distribution Warehouse
E: C-G McDonald's Restaurant
W:C-G Air Care Colorado — Vehicle Emissions Testing
City Council passed, on Second Reading, the annexation and zoning of the property on
April 5, 2016. The zoning, General Commercial, complies with the Structure Plan Map
and matches that of the surrounding Interchange Business Park.
The existing motel and vacant restaurant are two separate buildings that were initially
approved and developed in unincorporated Larimer County and preceded the
development of the surrounding Interchange Business Park. While the Interchange
Business Park (33 acres) was also developed in the County, it annexed into the City of
Fort Collins in 2005. The P.D.P. represents a redevelopment of a parcel that is being
carved off of the motel and restaurant property by a plat such that the restaurant, and its
parking lot, being 1.77 acres, becomes the new subject parcel. The motel is not
annexing into the City.
1. Northern Colorado 1-25 Corridor Plan — Regional Communities (2001), and
1-25 Sub -area Plan (2003):
In 2001, the City of Fort Collins adopted the Northern Colorado 1-25 Corridor Plan in
conjunction with Larimer County, Weld County, Town of Berthoud, Town of Timnath,
Town of Johnstown, Town of Windsor, City of Loveland and the Colorado Department of
Transportation. This joint planning effort encompassed an area roughly one mile on
either side 1-25 for a distance of 32 miles for a total of over 60 square miles. The basic
thrust of this Plan was for the jurisdictions to collaborate on a unified vision for the
Corridor particularly with regard to maintaining physical separation, retaining individual
characteristics and identities, while addressing the built and natural environment.
After adoption of the regional plan in 2001, the City of Fort Collins followed up with its
own 1-25 Sub -area Plan in 2003 which covers the area along 1-25 between Larimer
County Roads 52 (Richards Lake Road) and 32 (Carpenter Road and Colorado State
Highway 392). The most significant difference between the two plans is the Subarea
plan deals with land uses in a more detailed manner than the regional plan because the
regional plan is based on existing land use plans of the participating jurisdictions
whereas the Sub -area plan builds upon the earlier effort but is more site specific.
Maverik Convenience Store and Fuel Facility, #PDP150028, Administrative Hearing, April 28, 2016
Page 2
C. The P.D.P. complies with the applicable Article Three General Development
Standards with one exception.
D. A Request for Modification of Standard to Section 3.5.3(C)(2)(b), Build -to Lines,
has been submitted and evaluated. Staff finds that the Modification complies
with the applicable criteria of Section 2.8.2(H).
Vicinity Map
1 inch - 700 feet
Maverik
Project Development Plan -, -
City of
Fort Collins
ITEM NO 1
MEETING DATE April 28, 2016
STAFF Ted Shepard
HEARING OFFICER
PROJECT: Maverik Convenience Store and Fuel Facility #PDP150028
APPLICANTS: Mr. Rick Magness
Maverik, Inc.
c/o Atwell Group
143 Union Blvld.
Lakewood, CO. 80228
OWNERS: Hana Dul, Inc.
4333 E. Mulberry Street
Fort Collins, CO 80524
PROJECT DESCRIPTION:
This is a request to redevelop a portion of an existing commercial property (America's
Best Inn and Suite Hotel and vacant restaurant) located 4333 East Mulberry Street.
The parcel is 1.77 acres located on the site of the vacant restaurant and its parking lot.
The convenience store and fuel facility consists of a 5,505 square foot building, ten fuel
islands, an overhead canopy and 33 parking spaces. The P.D.P. includes a request for
a Modification of Standard to the build -to line requirement of Section 3.5.3(C)(2)(b)
which would have the effect of moving the store further back from the Southeast
Frontage Road. The site is located at the southeast quadrant of 1-25 and East Mulberry
Street (Colorado State Highway 14) and zoned C-G, General Commercial.
RECOMMENDATION:
Approval of the Modification of Standard and approval of the P.D.P.
EXECUTIVE SUMMARY:
A. The P.D.P. is in compliance with the Northern Colorado 1-25 Corridor Plan —
Regional Communities (2001) and the 1-25 Subarea Plan (2003).
B. The P.D.P. complies with the applicable land use and development standards of
Article Four, Section 4.21 General Commercial zone district.
Planning Services 281 N College Ave — PO Box 580 — Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750