HomeMy WebLinkAboutKING SOOPERS, MILLER BROS. FOOTHILLS SUB. - NON-CONFORMING USE REVIEW - 14-97 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSOa-z-Y,I9g7
?6
IN11.LM egonjEM;. FKWIL s SV)g !oTM R�Pt
Cw% SWPeM (31 cBMwM %Qh NO4-cet4bmitob
txE Z"EW ) iw 14-g1
0
Ao
CA
1 /26
0 7
�- 235/676
`'' `"
�-- 66/258
W. ELIZABETH
) I
29
� 28
2/13
f 37 2 -�
599/450 -�
N v- 0 627 662 �-
43/95 --�
o
rn u)
N to
Cedarwood
Plaza
AM/PM
6
LONG RANGE PEAK HOUR TRAFFIC
Figure 3
G
Table 3
Sh t R P k H O 4-
Ur ange ea our
pera on
Level
of Service
Intersection
AM
PM
W. Elizabeth/Cedarwood/KFC (stop sign)
NB LT/T
C
F
NB RT
B
B
SB LT/T
C
F
SB RT
A
B
EB LT
A
A
WB LT
A
B
W, Elizabeth/Little Caesars (stop sign)
SB LT
C
E
SB RT
A
B
EB LT
A
B
Table 4
Long Range Peak Hour Operation
Level
of Service
Intersection
AM
PM
W. Elizabeth/Cedarwood/KFC (stop sign)
NB LT/T
C
F
NB RT
B
B
SB LT/T
C
F
SB RT
A
B
EB LT
A
A
WB LT
A
B
W. Elizabeth/Little Caesars (stop sign)
SB LT
C
E
SB RT
A
B
EB LT
A
B
0
o A '
mi
Ma
00 Lo
1/26
Or)
0 0 0 �- 215/607 "' "
— 66/251 W. � � ELIZABETH � 29/32
-+- 262/8
2/13 --I$t
) f r 37/52
526/403 -
N\`O 554/615 i
43/95 -,.
�o
rn u,
N t0
Cedarwood
Plaza
AM / PM
E
SHORT RANGE PEAK HOUR TRAFFIC
Figure 2
C
Table 1
1997 Peak Hour Operation
Intersection
W. Elizabeth/Cedarwood/KFC (stop sign)
NB LT/T
NB RT
SB LT/T
SB RT
EB LT
WB LT
W. Elizabeth/Little Caesars (stop sign)
SB LT
SB RT
EB LT
Table 2
Trip Generation
Level of Service
AM PM
B F
A B
B E
A A
A A
A A
B D
A B
A A
Daily
A.M.
Peak
P.M.
Peak
Land Use
Trips
Trips
Trips
Trips
Trips
in
out
in
out
1. Existing Retail
230
3
2
11
11
5.654 KSF
2. King Soopers Expansion
1360
15
6
57
55
10.819 KSF
3. Net Increase in Trips
1130
12
4
46
44
q
151
m
00Lo
1 /26
0
0 0 c)
152/401
c" `V
,-- 59/224
W. ELIZABETH
2/13
}
37/52 --�
360/302
385/483 --�
38/83
O
N N
Cedarwood
Plaza
AM / PM
29/32
1997 PEAK HOUR TRAFFIC
Figure 1
` necessary left -turn storage cannot be attained for afternoon peak
hour traffic volumes. These volumes probably extend to other hours
of the day beyond just the afternoon peak hour. Since over 200
feet of westbound left -turn storage is required approaching
intersection A, side -by -side left -turn lanes could not be
accomplished between intersections A and B. Therefore, it is
recommended that the City consider limiting intersection B to
right-in/right-out only. In order to effectively make this work,
all the properties on the north side of West Elizabeth Street
should be interconnected. At the present time, there are barriers
to this interconnection. The City may also want to consider
placement of a median on West Elizabeth Street that will positively
limit the turns at intersection B. There appears to be adequate
width to accomplish this. This recommendation regarding the
geometry on West Elizabeth Street and the turn limitations is not
related to the proposed King Soopers Store expansion. Approval of
the expansion should not be financially tied to the suggested
improvements on West Elizabeth Street. They are offered as a
solution to an existing concern that will be exacerbatedby future
development on the north side of West Elizabeth Street.
The Cedarwood Plaza Shopping Center and the King Soopers
Store, in particular, are adequately served by pedestrian, bicycle,
and transit transportation modes. Expansion of the King Soopers
Store will not significantly change the operation at the West
Elizabeth Access to Cedarwood Plaza.
�.•
horizontal curves on West Elizabeth Street, west of Taft Hill Road.
West Elizabeth Street varies in width in this area from 60 to 65
feet.
There are bike lanes on West Elizabeth Street. These bike
lanes vary in width from 3 feet to 5 feet. There are sidewalks on
both sides of West Elizabeth Street. There are no gaps in the
sidewalks adjacent to Cedarwood Plaza. Transfort serves Cedarwood
Plaza with Routes 2 and 3. Route 2 travels eastbound on West
Elizabeth Street at 30 minute headways. Route 3 travels westbound
on West Elizabeth Street at 30 minute service. There are stops on
both routes that are convenient for Cedarwood Plaza.
Table 2 shows the trip generation expected from the expansion
of the King Soopers store. This information was calculated using
factors contained in Trite Generation, 5th Edition, ITE. Line 1
shows the trip generation for the existing retail store that will
be incorporated into the expansion. Line 2 shows the trip
generation for the total expansion area. Line 3 shows the net
increase in trip generation due to the expansion.
The newly generated trips were assigned to the access to West
Elizabeth Street. Due to the location of the King Soopers Store
within Cedarwood Plaza, it is expected that most of these patrons
would use this access. Based upon casual observation, this access
is the primary access to Cedarwood Plaza. Background traffic was
obtained from the "Jefferson Commons Student Apartments Site Access
Study," July 1995. This study also contained traffic forecasts for
other future developments between Taft Hill Road and Overland Trail
that would likely contribute traffic to West Elizabeth Street.
Figure 2 shows the short range
traffic at the key intersections.
operation at the key intersections.
in Appendix C. Operation will
conditions. During the afternoon
turns/throughs will be delayed.
Figure 3 shows the long range
traffic at the key intersections.
operation at the key intersections.
in Appendix D. Operation will
conditions. During the afternoon
turns/throughs will be delayed.
(year 2000+) future peak hour
Table 3 shows the peak. hour
Calculation forms are provided
be similar to the existing
peak hour, minor street left
(year 2015) future peak hour
Table 4 shows the peak hour
Calculation forms are provided
be similar to the existing
peak hour, minor street left
Operation at the key intersections will be similar to most
stop sign controlled intersections along arterial streets in Fort
Collins. The West Elizabeth/Cedarwood/KFC intersection may
approach meeting signal warrants. However, due to its proximity
to Taft Hill Road, it is not a good candidate for signalization.
Signals are not recommended at this location.
Of larger concern to the City is the geometry on West
Elizabeth Street. As stated earlier in this memorandum, the
M
MEMORANDUM
LO
o
CO
LO
TO: 0. C. Larson, King Soopers
0
6
Michael Bray, Architect
City of Fort Collins
0
U
0
rn
FROM: Matt Delich , I5-;
•
o
X
LL
DATE: May 29, 1997
z
a
oSUBJECT:
Expansion of the King Soopers Store in Cedarwood
Plaza traffic study (File: 9730MEM1)
•
j
co
0
N
Cl
M
King Soopers is proposing an expansion of their store in
oco
the Cedarwood Plaza Shopping Center in Fort Collins. The
>
o
total expansion will be 10,819 square feet. A portion (5,654
=
rn
square feet) will come from an existing store to the south.
W
z
The remaining area (5,165 square feet) will be new building
o
area to the south of the existing store. The scope of this
a_
traffic study was discussed with City staff.
N
N
Peak hour traffic counts and field investigations were
conducted in early May 1997. The peak hour traffic counts
along West Elizabeth Street are provided in Figure 1. Raw
traffic count data is provided in Appendix A. Appendix A also
contains dimensioned sketches of the geometry along West
Elizabeth Street, west of Taft ,Hill Road. The two key
intersections are labelled A and B for easy reference in this
report. City staff concerns were largely centered on the
geometry in this segment. Table 1 shows the operation at the
two key intersections along West Elizabeth Street. Operation
is generally acceptable. Minor street left-turns/throughs
W
operate at levels of service E and F during the afternoon peak
Q.
a
hour. This is primarily a function of the traffic on West
Elizabeth Street itself, rather than related to the actual
=
w
turning movements. Calculation forms for these analyses are
VZ
i
contained in Appendix B.
z
,.)
Z
The area of primary concern is between intersections A
W
o
and B. The distance between these intersections is 170 feet
Q
a
on centers. In this area, two end -to -end left -turn lanes are
o
provided on West Elizabeth Street. The westbound left -turn
-�
N
lane approaching intersection A is 56 feet long. The
a
eastbound left -turn lane approaching intersection B is 60 feet
long. Using the conventional "rule of thumb" of' one foot
W
storage per left -turning vehicle during the critical peak hour
_
(afternoon) results in the following desired storage
LL
requirement:
a
Westbound - 225 feet
t
F"
Eastbound - 55 feet
Clearly, this could not be accomplished with end -to -end left -
turn lanes. The geometry is further complicated by the
u. nema.�enWrr saa� �o �
�.�wm ror�naw
m miaeee �®m uae
wuwwa.
2 NORTH ELEVATION
3 WEST ELEVATION
SOUTH ELEVATION
Y
MicRAu BRAY
ARCHITECTS
ARCHTECTURE
PLANNING
DESIGN
rnv
.ura cawoo m
n. mn wwrro r.u. i�i wwm
J
W
O
om
rn O
ZQ t-O
wZ
ck�0 8�
Os ¢o
Ln< �-
C/7
f f r
hw Ftr
Raled Nnbr
xwi
o.�
ocrcacc �e. wn
s.n wra.r
2
of 2
N`ST ELIT.AWTH STFZET (60' R.OYU
•x"'='""------------------------------
W %tvs�l 5
GDWDD
GEN9tAL LANDSCAPE NOTES
RwvlOmWelrm wW YK rv/.tue
\\
nwww wewe�iwae�
n \\ \
a'ri'ri�v�
a ru Wss ®ens n!]rolW.wrtn WWMwraMxm
mu-.Wri uWwrcx ssPa McerNis wm..wnK Mwurow
\
i�awW rorwwiw %w�inm�owi '�zn.eM
raxiucrow.am ala.�mroMcrv.oalrosMrP Wax wvsr
1
�( \\
!.':71'�
uuronP M�lxsaz WSRmarlwnRmwPa
P� a\+
'ir
a wane ml wwm woslM.RRrax..We®
a arwvn
9 e ..'®,\\
?04P
p �`
nui
n�ww ew•r�vn�m'rorv�ieli�
-\,;`\\\
!9
6 IMP[R 1106dM �rrIOWMCM KRl1l ARWn
NFIR.rRId POGwIDPM
S
\\
MG MrtV MV
e.
� erwieRxeam wnNr�acwme Mflwae nae
,f'3
'� � a `. \ ,�.w orb
/
�N�<
urwef wmMawnowuomx ��nr.� �
.A�r \
awnmR uue+u+m Rw.ewllom.
1. NLYl2 Wl94M1YfWTRNfWd P: Xn®MMM
a < \ i�
S \�
SL \
MVM1vPnWPM MrpWJTM N.2 pYWC
o.ra.wrtPP`Pww
p s \
\'
R mvaee�e rss v�s]ve WMnelwz iwuRw
0. Mr1/xniwlmMMY. Il11nPMr.
�
VS \ i
lMt�btlrt ln•.fMWWMCM wf1.lNM.RTWM
\
GENERAL NOTES �4
°PM.luw
y
"�` �.P
P�wxvve mansa.wruW
nra ,w9°r'r°`aw ram[ �, `.� \
11®W4WALrIR IRbsW1RRTR�NrWW GG0AG11P
]4lPAm6AYO11iRNL MRNIInrM H i \
RMfAtIIYLLMIRNIWA tl'IMlkM PRI{
'
M�Wwo4�lIMTMl1rOTR.MrWT\NI PWW N6ACM
� pWL![t1OaIDM N1Rr RIlNlYOsIllelMrow
0./wLNn1Mn WNe!!Ip(Naw M0. M1R
MC WOYM[Y
♦. MY NTAM-WWX 1M! RI R Z�R
QIA 2el4LwHMR.f/11rMTWAIL611Nr MK RdfgM/L.R 11a.�K•1
K1MM1ZW1lnlVMlV {(w'Ip CYM14
rRnl®MUNIR'G14F
man RlM wfwum&ARwralw®MM49WtRMWLWIr
�s.]�owam . uwm iWe rt/.vic.WswP Wslai.R
M1MlIC.bR?11e-bC MO] -IL'
•. .uu�w..re ew.l.ra w.rowwWe.
LArDSCAPM LELB`D PLANT SaHBXxE PEW PLAN7N6 MY)
Nn!
w -hse. urNr M-WSNrr!
u .w�ws� !-au•scare
M .N'wW.XMd M.WVCWw
e .er-wreesw.
M ilOOld P.OW ®�M.lR ��4ML[Mf
Pmv uerm:M rm l..Rolnm sr.m. a'�a.om w..
��RM'.m »ass®wvWSRr.Ybd
raM Prl1 YO Ilk11Y P ILWT M MC rlrO1K N
lntm n w wassa a NtlW rr»P ro w¢
P.RrrdA
rweWw�o.�c w.W.s wrP _
SITE DATA
�
caw. R%MP
lrN sm... �erRe
w»a Pv.00nvn�mawM
lgwf P w WM/ P f YGr •tl P M RIIf
N.VIV pli.�r�i].NOMaWITA
Crp Y.♦TlP�MWwIWeN� P
LWI�wIIWA�, Wq/ap.�oW
MImMVIm[®NRAIAP M Wp2
!WP® caw W �i1wp'WwMw{IM'R 4
Y16VLGn11EUWwK W PIEN NYd
.OIW nM1[IAWfIW
�!�OYlM.w.
YODMn. (6N
e�
e�.ramn: i:u
6wpgn.
fa w'I6 ]MMfYn. wOY
1�irn
�1]�Y�
wiav •JW/6 N
.vrKro
rlwos Mro
]R�vmev
SITE PLAN LECE D
K: -]1�MM LYM ]iMp�6
o .Sim KwY LW NWpMp
® -K.rrc /wwy[p1ibALrYw1 ]ux
�w�-t -gyp �llo reYL
-CeelY rlaorMS
O-mxrAVS
-MfR WLK
CC • ' INFIC=
® SITE LANDSCAPE PLAN
WHAEL BRAY
ARCHITECTS
ARCHrrECTLRE
PLANNING
DESIGN
morn
root cm/nD m
M®MLb/fA!®rFIDO
ft�
Date
.TG 111—
Sl.ei MnBr
1 of 2
a
erson 7r]
Co moos U
WEST ELIZAE ETH ST.
on " ominium
CSITE
Con
C
O
S Cedarwood
W
p Plaza
Z
O
a
i r6r he
Fo ' s Sub isio
S
H
D
O
N
VICINITY MAP 06/17/97
#14-97 King Soopers Addition "
(LUC) Type II
Non -Conforming Use Review 1"=300r
•
•
on-Uontorming Use Ke
Miller Bro. Foothills Sub, Lot 1, Enlargement of A Non -Conforming Use Review, #14-97
November 6, 1997 P & Z Meeting
Page 9
3 and the applicable district standards contained in Article 4 of the Land Use Code
(Section 1.5.5[B]).
RECOMMENDATION:
Staff recommends approval of the request for a 5,165 square foot addition to the south
side of the existing King Soopers Store #9 at Cedarwood Plaza.
Miller Bro. Foothills Sub, Lot 1, Enlargement of A Non -Conforming Use Review, #14-97
November 6, 1997 P & Z Meeting
Page 8
6. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 does
not increase the noise and vibration levels that may be generated by the non-
conforming use beyond the levels that existed prior to the enlargement, expansion,
or construction that is under consideration (Section 1.5.5[A][5]).
7. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 does
not expand or locate outside storage areas any closer to a residential neighborhood
as a result of the enlargement, expansion, or construction (Section 1.5.5[A][6]).
8. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 does
not add more than twenty-five (25) percent of new floor area to the existing building
on the site (Section 1.5.5[A][7]).
9. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 does
not exceed the building height requirements of the N-C District (Section 1.5.5[A][8]).
10. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 does
not further encroach upon any non -conforming setbacks (Section 1.5.5[A][9]).
11. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 violates
Section 1.5.5[A][10] in order to satisfy the more stringent standards, limitations or
requirements of Articles 3.2.1 and 3.2.2 of the Land Use Code, in accordance with
the provisions of Article 1.7.2 of the Land Use Code.
12. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 does
not hinder the future development of surrounding properties in accordance with the
Land Use Code (Section 1.5.5[A][11]).
13. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 does
not present a threat to the health, safety or welfare of the city or its residents
(Section 1.5.5[A][12]).
14. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 is in
compliance with the applicable general development standards contained in Article
Miller Bro. Foothills Sub, Lot 1, Enlargement of A Non -Conforming Use Review, #14-97
November 6, 1997 P & Z Meeting
Page 7
3. Desian:
The 5,165 square foot addition is reflected on the west and south building elevations (see
plan sheet 2 of 2). The addition will be constructed of smooth -faced C.M.U. (concrete
masonry units) painted to match the color of the existing building. The east building
elevation (see plan sheet 2 of 2) will be modified to accommodate a new store entrance
and to provide matching building materials between the existing King Soopers and the
expansion into the former Buckaroos space.
Numerous islands are being added/extended in the Lot 1 parking lot, and foundation
plantings and trees are being added adjacent to and behind the King Soopers building in
order to satisfy General Development. Criteria contained in Article 3 of the Land Use Code.
The building height of the proposed addition is does not exceed the building height
requirements of the N-C, Neighborhood Commercial District contained in Article 4 of the
Land Use Code.
FINDINGS OF FACT/CONCLUSION:
The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 does
not adversely affect the surrounding properties (Section 1.5.5[A]).
2. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 does
not change the non -conforming use (Section 1.5.5[A][1]).
3. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 does
not result in the conversion of the non -conforming use of a seasonal to a year-round
operation, nor shall it result in the hours of operation being extended into the hours
between 10:00 p.m. and 7:00 a.m. (Section 1.5.5[A][2]).
4. The Miller Brothers Foothills Subdivision 6th Replat, .Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97 does
not expand beyond the limits of the parcel of property upon which such use existed
at the time it became non -conforming (Section 1.5.5[A][3]).
5. The Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers at
Cedarwood Plaza), Enlargement of A Non -Conforming Use Review, #14-97
incorporates additional traffic generated by an enlargement, addition, or
construction into the neighborhood and community transportation network without
creating safety problems, or causing or increasing level of service standard
deficiencies (Section 1.5.5[A][4]).
Miller Bro. Foothills Sub, Lot 1, Enlargement of Non -Conforming Use Review, #14-97
November 6, 1997 P & Z Meeting
Page 6
Land Use Code the Cedarwood Plaza is allowed a maximum of 450 parking spaces
for the proposed square footage and uses. Second, Articles 3.2.1 [E][5]; 3.2.2[E][4];
and 3.2.2[M] require the addition/extension of parking lot islands and landscaping.
Section 1.7.2 of the Land Use Code states:
"Except as provided in Section 3.1.2 (states that in instances of conflict
between Article 3 and Article 4, Article 4 takes precedence), if the provisions
of this Land Use Code conflict with those of any other statute, code, local
ordinance, resolution, regulation or other applicable Federal, State or local
law, the more stringent standard, limitation or requirement shall govern or
prevail to the extent of the conflict."
The requirements of Articles 3.2.1 and 3.2.2 are more stringent than the
requirement of Article 1.5.5[A][10]. Therefore, pursuant to Section .1.7.2, the
violation of Article 1.5.5[A][10] (i.e. the reduction of 32 parking spaces) is
acceptable.
(11) The enlargement, expansion or construction shall not hinder the future
development of surrounding properties in accordance with the Land Use
Code.,
The expansion does not hinder (nor obligate) the future development of surrounding
properties in accordance with the Land Use Code.
(12) The enlargement, expansion or construction shall not present a threat to the
health, safety or welfare of the city or its residents.
There is no threat to the health, safety or welfare of the city or its residents.
(13) The parcel of ground upon which the enlargement, expansion or construction
is located shall be brought into compliance with the applicable general
development standards contained in Article 3 and the applicable district
standards contained in Article 4 of the Land Use Code.
Lot 1 is in compliance with the applicable general development standards contained
in Article 3 and the applicable Neighborhood Commercial standards contained in
Article 4 of the Land Use Code. Evidence of compliance includes but is not limited
to the addition/extension of parking lot islands, foundation plantings along the east
building facade, and the addition of landscaping on the west side of the access
drive behind the building.
Miller Bro. Foothills Sub, Lot 1, Enlargement of A Non -Conforming Use Review, #14-97
November 6, 1997 P & Z Meeting
Page 5
The Traffic Study for the proposed addition is attached. According to the
Transportation Department, the neighborhood and community transportation
network will operate safely and applicable intersections will continue to operate at
acceptable levels of service. No improvements to the neighborhood and community
transportation network are required.
(5) The noise and vibration levels that may be generated by the non -conforming
use shall not be increased beyond the levels that existed prior to the
enlargement, expansion, or construction that is under consideration.
No identifiable increase in noise and vibration will result from the proposed
expansion.
(6) The outdoor storage areas shall not be expanded or located any closer to a
residential neighborhood as a result of the enlargement, expansion, or
construction.
There are no existing or proposed outdoor storage areas.
(7) The proposed enlargement, expansion, or construction shall not add more
than twenty-five (25) percent of new floor area to the existing building on the
site.
The proposed 5,165 square foot addition represents a 6.8% increase in new floor
area to the existing building on the site.
(8) The enlargement, expansion, or construction shall not exceed the building
height requirements of the zone district in which the property is located. -
The Neighborhood Commercial district allows a maximum of 5 stories. The
proposed expansion is 1 to 1 % stories tall.
(9) The enlargement, expansion, or construction shall not further encroach upon
any non -conforming setbacks.
There are no existing or proposed non -conforming setbacks.
(10) The enlargement, expansion or construction shall not decrease or further
decrease the existing parking areas for the structure.
This request reduces the existing total parking spaces from 475 to a proposed total
of 443 parking spaces, a net loss of 32 parking spaces on Lot 1. The parking total
has been reduced for two reasons. First, according to Section 3.2.2[K][2][a] of the
Miller Bro. Foothills Sub, Lot 1, Enlargement of A Non -Conforming Use Review, #14-97
November 6, 1997 P & Z Meeting
Page 4
2. Land Use:
This is a request for a 5,165 square foot addition to the south side of the existing King
Soopers Store #9 at Cedarwood Plaza, located at the southwest corner of S. Taft Hill Road
and W. Elizabeth Street. A 5,654 square foot expansion on the south side into the space
formerly occupied by Buckaroos is also proposed, but is only subject to building permit
review.
According to Section 1.5.5 of the Land Use Code (Article 1, pp.18-20), a proposal for the
enlargement or expansion of a building containing a non -conforming use, shall require the
approval of the Planning and Zoning Board. In considering such proposals, the Planning
and Zoning Board shall make a finding as to whether or not the enlargement, expansion
or addition would adversely affect the surrounding properties. In making such a
determination, the Board and the applicant shall be governed by the following limitations:
(1) The non -conforming use shall not be changed (except to a conforming use)
as a result of the enlargement, expansion, or construction.
The entire shopping center building (75,505 total existing square feet, 80,670 total
proposed square feet) on Lot 1 of the Cedarwood Plaza is considered a non-
conforming use. The grocery store portion of the building will remain a grocery store
and the entire building will remain as a shopping center. Therefore, the non-
conforming use will not be changed.
(2) The enlargement, expansion, or construction shall not result in the
conversion of the nonconfonning use of a seasonal to a year-round operation,
nor shall it result in the hours of operation being extended into the hours
between 10:00 p.m. and 7:00 a.m.
The existing shopping center will remain as a year-round operation. The existing
King Soopers is open 24 hours per day. The expanded shopping center will remain
a year-round operation and the King Soopers will remain open 24 hours per day.
(3) The non -conforming use shall not be expanded beyond the limits of the parcel
of property upon which such use existed at the time it became non-
conforming.
The existing and proposed shopping center will remain entirely on Lot 1.
(4) Additional traffic generated by an enlargement, expansion, or construction
must be incorporated into the neighborhood and community transportation
network without creating safety problems, or causing or increasing level of
service standard deficiencies.
Miller Bro. Foothills Sub, Lot 1, Enlargement of A Non -Conforming Use Review, #14-97
November 6, 1997 P & Z Meeting
Page 3
COMMENTS
Background:
The surrounding zoning and land uses are as follows:
N: N-C; existing minor arterial (W. Elizabeth); existing commercial (West Elizabeth
Plaza).
MMN; existing minor arterial (W. Elizabeth); existing multi -family (Sunray
Apartments, Jefferson Commons).
S: R-L; existing single-family residential.
E: R-L; existing arterial (S. Taft Hill Road); existing single-family residential.
W: MMN; existing multi -family (Stadium Apartments).
R-L; existing single-family residential.
This property was annexed into the City of Fort Collins as part of the Miller Brothers 10th
Foothills Annexation on November 11, 1960, and is zoned N-C, Neighborhood
Commercial.
The subject property is known as Lot 1 of the Miller Brothers Foothills Subdivision 6th
Replat which was approved by the Planning and Zoning Board on March 7, 1977 and
approved by the City Council on April 26, 1977.
The existing King Soopers at Cedarwood Plaza Shopping Center was approved as a "use
by right' under previously existing subdivision and zoning regulations for the B-L, Limited
Business zone in 1977.
When the LDGS was adopted in 1981, the B-L zoning district was amended and shopping
centers were no longer allowed in the B-L zoning district unless approved as a PUD.
Subsequently, the shopping center was designated as a legal non -conforming use.
On March 3, 1986 the Planning and Zoning Board approved a request for a 10,000 square
foot expansion to the north side of the existing King Soopers store by a vote of 7-0.
However, the mylars for the proposed expansion were never recorded, and thus the
expansion was never constructed. The approval for the expansion has expired.
In March of 1997, the City of Fort Collins adopted the Land Use Code. Shopping centers
are not a permitted use in the Neighborhood Commercial district. Therefore, the
Cedarwood Plaza remains a legal non -conforming use.
Miller Bro. Foothills Sub, Lot 1, Enlargement of A Non -Conforming Use Review, #14-97
November 6, 1997 P & Z Meeting
Page 2
• does not increase the noise and vibration levels that may be generated by the non-
conforming use beyond the levels that existed prior to the enlargement, expansion,
or construction that is under consideration;
• does not expand or locate outside storage areas any closer to a residential
neighborhood as a result of the enlargement, expansion, or construction;
• does not add more than twenty-five (25) percent of new floor area to the existing
building on the site;
• does not exceed the building height requirements of the N-C District;
• does not further encroach upon any non -conforming setbacks;
• violates Section 1.5.5[A][10] in order to satisfy the more stringent standards,
limitations or requirements of Articles 3.2.1 and 3.2.2 of the Land Use Code, in
accordance with the provisions of Article 1.7.2 of the Land Use Code;
• does not hinder the future development of surrounding properties in accordance
with the Land Use Code;
• does not present a threat to the health, safety or welfare of the city or its residents;
• is in compliance with the applicable general development standards contained in
Article 3 and the applicable district standards contained in Article 4 of the Land Use
Code.
ITEM NO. 2
MEETING DATE 1111/6/97
STAFF Mike Ludwig
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Miller Brothers Foothills Subdivision 6th Replat, Lot 1 (King Soopers
at Cedarwood Plaza), Enlargement of A Non -Conforming Use
Review, #14-97.
APPLICANT: Michael Bray, AIA
Michael Bray Architects
P.O. Box 733
Parker, CO 80134
OWNER: Cedarwood Plaza LLC #1
6500 S. Quebec Street, Suite 300
Englewood, CO 80111
PROJECT DESCRIPTION:
This is a request for a 5,165 square foot addition to the south side of the existing King
Soopers Store #9 at Cedarwood Plaza, located at the southwest corner of S. Taft Hill Road
and W. Elizabeth Street. The subject property is zoned N-C, Neighborhood Commercial.
RECOMMENDATIONS: Approval.
EXECUTIVE SUMMARY:
This request for the enlargement of a non -conforming use:
• does not adversely affect the surrounding properties;
• does not change the non -conforming use;
• does not result in the conversion of the non -conforming use of a seasonal to a year-
round operation, nor shall it result in the hours of operation being extended into the
hours between 10:00 p.m. and 7:00 a.m.;
• does not expand beyond the limits of the parcel of property upon which such use
existed at the time it became non -conforming;
• incorporates additional traffic generated by an enlargement, addition, or
construction into the neighborhood and community transportation network without
creating safety problems, or causing or increasing level of service standard
deficiencies;
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT