HomeMy WebLinkAboutFORT COLLINS MUFFLER - PDP/FDP - 24-97 - DECISION - FINDINGS, CONCLUSIONS & DECISION1. The applicant has submitted a Project Development Plan which complies with the
requirements of Article 2, Administration of the Land Use Code.
2. The property is located in the C-Commercial zone district. The proposed use is
permitted in the district and is consistent with the intent of the district.
3. The application meets all the relevant standards of Article 3 General Development
Standards of the Land Use Code.
4. Conditions exist on the site which support the use of an alternative landscape plan.
The alternative landscape plan meets or exceeds the code standards and is approved as an
alternative. The mitigation plan for removal of existing trees is approved.
5. The application meets all of the relevant Land Use and Development Standards of
Section 4.17, Land Use Code C-Commercial District.
DECISION
Based upon the findings and conclusions, the applicant's request for Preliminary
Development Plan Approval for the Spring Creek Subdivision, Fort Collins Muffler,
Project Development Plan #24-97 is approved with the following conditions:
1. The applicant shall comply with all notes and conditions set forth on the applicant's
submittal sheets 1 through 3 dated November 5, 1997, including but not limited to the
alternative landscape plan, or as modified in accordance with the provisions of the Land
Use Code.
Dated this ZY/�ay of March, 1998, per authority granted under Section 2.1 of the
Fort Collins LAnd Use Code.
Steven Klausing, Hearing Officer
b. A 5' grade separation and an existing concrete retaining wall to the east of the property.
c. An existing 5' sanitary sewer line and easement along the east property line.
d. Parking is internalized to the site with only 6 stalls. Landscape islands would
compromise already minimal parking and storm drainage requirements.
The applicant requests relief from the canopy shade tree requirement and proposes a
mitigation plan including a 5' wide shrub bed consisting of evergreen plantings, four
oversized trees and an offsite tree to the south.
The evidence is that the proposed alternative plan accomplishes the purposes of Section
3.2.1 better than a plan which would strictly comply with the standards. The finding and
conclusion is that the alternative plan accomplishes the purposes of the Section equally or
better after consideration of the site constraints set forth herein. The alternative plan
accomplishes the purposes of Sections 3.2.1 (13)(2)(b), 3.2.1 (E)(1), 3.2.1 (E)(2)(d), 3.2.1
(E)(6) and 3.2.1 (F).
The Project Development Plan must comply with applicable standards from Article 3 of
the Land Use Code (General Development Standards) and the applicable standards from
Article 4 of the Land Use Code for the zoning district in which the property falls is
located.
The applicant's submittal and testimony presented at the public hearing demonstrate
compliance with Division 3.2, Site Planning and Design Standards. The plan complies
with the Access, Circulation and Parking 3.2.2, standards, Bicycle Parking, 3.2.1(4)9)(a),
Street Crossings3.2.2(5)(b), Site Lighting3.2.4, Building and Project Compatibility 3.5.1,
and Building Orientation 3.5.1(D). The building materials are compatible with the existing
neighborhood uses and there is no proposed rooftop or ground mounted equipment.
The applicant submitted a traffic study which complies with the Land U se Code.
A neighborhood meeting was not required nor held.
FINDINGS, CONCLUSIONS AND DECISION
FINDINGS AND CONCLUSION
After reviewing the staff report and recommendation, the applicant's submittal, hearing the
testimony and considering the record the Hearing Officer makes the following findings and
conclusions:
Findings
The city planner testified that the proposed use is in compliance with the uses permitted in
the district, that the plan complies with the General Development Standards, the Article 4
Standards, and that the approval of an alternative landscaping plan and a tree preservation
mitigation plan is appropriate based upon circumstances existing on the property and the
alternative plan is equal to or exceeds the requirements.
No one spoke in opposition to the proposal.
This project is located in the C-Commercial zone district. The proposed use is minor
vehicle repair. The C-Commercial District is intended to be a setting for development,
redevelopment and infill of a wide range of community and regional retail uses, offices and
personal and business services. Included in the permitted uses is "Vehicle minor repair,
servicing and maintenance establishments" (Land Use Code 4.17(B),(2),(c)11). The use
therefore complies with the permitted and intended uses within the zone district.
The proposed height of the structure will not exceed 25' and therefore does not exceed the
maximum height standard (4 stories) as required in the district standards.
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The landscape plan includes an area near the front entrance with flower beds and a space
for benches and other amenities which fulfill the requirement of Section 4.17 (E) (1) (a)
which requires pedestrian oriented outdoor spaces next to activity areas that generate
users.
The Project Development Plan must meet all applicable standards in Article 3, General
Development Standards, of the Land Use Code. The applicant presented evidence of
compliance with the following sections.
1. Section 3.2.1: Landscaping and Tree Protection Standards.
The applicant has requested approval of an alternative compliance and mitigation plan.
The applicant presented evidence of site constraints including:
a. A lack of space for the required separation between the proposed trees and existing
utilities, relocation of utilities is not practical nor deemed necessary by the staff.
3
C-Commercial
The city planner testified that the
property was posted, legal notice
published and notices mailed. A
neighborhood meeting is not
required and none was held.
PUBLIC HEARING
The Hearing Officer, by appointment of the Director pursuant to The Fort Collins Land
Use Code, opened the hearing on March 18, 1998 at approximately 6:45 p.m. in the
conference room located at 281 N. College Ave. Fort Collins CO. The staff report and
recommendation and the applicant's submittals were entered into the record.
HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE
The following individuals testified at the hearing:
For the City:
Leanne Harter, city planner
For the applicant
Stephen Steinbicker, A.I.A.
Architecture West, L.L.C.
748 Hinsdale Dr.
Fort Collins, CO 80526
Jim Dwyer
1400 White Peak Ct.
Fort Collins, CO 80525
The applicant's submittal materials, the staff report, the interdepartmental referral sheet,
and all correspondence between the City and the applicant are a part of the record and are
incorporated herein by reference.
The surrounding zoning and land uses are:
N: C-Creekside Mini- Park and various businesses
S: C-existing duplex and single-family residences, various businesses
W: C-existing mini -storage, Burlington Northern and Sante Fe Railroad tracks
E: C-various businesses
ITEM NO.
MEETING DATE 1
STAFF ,
City of Fort Collins HEARING OFFICER
STAFF REPORT
HEARING OFFICER: Steven Klausing, Hearing Officer
Hearing Officer, Administrative Type 1
PROJECT NAME. Spring Court Subdivision, Fort Collins
Muffler, Project Development Plan
CASE NUMBER: #24-97
APPLICANT: Fort Collins Muffler
c/o Mr. Steve Steinbicker, AIA
Architecture West, L.L.C.
748 Hinsdale Drive
Fort Collins, CO 80525
PROJECT DESCRIPTION: This is a request for approval of a Project
Development Plan to construct a one-story
building for minor vehicle repair. The
proposed structure will provide additional
facilities to the existing Fort Collins Muffler
business located adjacent to the east of the
site. The proposed building is approximately
4,946 square feet and the site is 12,500
square feet. The site is the southeast corner
of Johnson Drive and Spring Court. The
property is located in the C-Commercial
zone district.
SUMMARY OF RECOMMENDATION AND DECISION:
Approval
Approval with conditions
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT