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Home My WebLink AboutKMART PLAZA, FULLER'S TEXACO - PDP - 38-97A - DECISION - FINDINGS, CONCLUSIONS & DECISION10/03/1998 13:06 3034566161 STEVE KLAUSING PAGE 07 DECISION Based upon the findings' and conclusions, the applicant's request for Project Development Plan.Approval for KMart Plaza, Fuller's Texaco , #38-97A is approved with the following conditions: 1. The applicant shall comply with all notes and conditions set forth on the applicant's submittal sheets titled SP 1 dated 9/18/98, LP 2 dated 9/18/98 , and Elev.3 dated 6/12/98, as modified in accordance with the provisions of the Land Use Code. Said notes and conditions are incorporated herein as conditions of approval. Dated this day of September, 1998, by authority granted by Section 2.1 of the Fort Co11 jj Land Use Code. Steven Klausing, hearing Officer ME 10/03/1998 13:06 3034566161 STEVE K.LAUSING PAGE 06 "If the building is adjacent to a £ull arterial or a major arterial street, and the Director has determined that an alternative to the street sidewalk better serves the purposes of connecting commercial destinations due to one or more of the following constraints: a) high volume and/or speed of traffic on the adjacent streets; b) landform; c) an established pattern of existing buildings that make a pedestrian - oriented storefront infeasible. The proposed building is adjacent to a full arterial and the intersection of 2 major arterials. The existing 3iffyi Lube and other surrounding uses has established a pattern of building placement that limits street front orientations. In addition the plaza area will provide a pedestrian area which will accomplish the goals of the build -to standard. The staff report and testimony indicates that this proposal complies with the remaining applicable Article 3 General Development Standards. A neighborhood meeting was not required nor was one held. Staff testified that only a few telephone calls were received of an inquiry nature. 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: 1. The applicant has submitted a Project Development Plan which complie&with the requirements of Article 2, Administration of the band Use Code. 2. The. property is located within a C-Commercial zone district and the proposed land use is permitted within the C-Commercial zone district., 3. The project Development Plan complies with all standards of Article 3 General Development Standards of the Land Use Code. 4, The Project Development Plan meets the requirements of Article 4 District Standards of the Land Use Code. 5. An exception to the build -to lines requirement is supported by the evidence and thesite plan is approved as submitted and as reflected on the submittals. 10/03/1998 13:06 3034566161 STEVE KLAUSING PAGE 05 Land Use Standards- Ti he District Development Standards are set forth at Article 4.17 of the Land Use Code. Section 4.17 (E)(1)(4) of the Land Use Code require that the site design include pedestrian oriented outdoor spaces be placed next to.activity areas that generate users. The applicant has proposed a plaza area east of the site and located between and adjacent to the Jiffy Lube site. The operators of the Texaco and the Tilly Lube are proposed to be the same and the evidence indicates that this plaza area will function as a pedestrian area and satisfy the requirements of this section of the code. Compfiance With Article ITT General Devela=ent Standards The Project Development Plan must meet all applicable standards in Article 3, General Development Standards, of the Land Use Code. The materials submitted, the staff report and the testimony ofthe:applicant evidence compliance with the standards. The following standards were noted by the Hearing Officer: Section 3.2.1 pertains to landscaping and tree preservation. The evidence shows that the site will be adequately landscaped. In addition the applicant has shown a good effort to preserve the mature trees on the site and integrate them into the plan. The use of large planters will add a variety to the plantings. The variety of materials is also well conceived and the design of the plaza area is attractive and a benefit to the area. Section 3.2.2 addresses access and parking. The evidence is that the access is adequate and controlled. The 12 parking spaces complies with the city code. Section 3.2.4 pertains to lighting. Testimony was presented that the lighting does not exceed the city standards and is directional as required. Section 3.4.5 (C) requires a Hazardous Material Impact Analysis. Testimony was presented at the hearing; that both Phase 1 and Phase 2 Environmental Impact Analysis were conducted and these reports submitted to flue appropriate a116017fties. i'ne SUM testified that no negative reports were received from the referral agencies and that to the best of their knowledge there are no environmental hazards. Section 3.5.1 pertains to building and project compatibility. The applicant testified to the design and materials proposed to be used. There was also testimony regarding the surrounding uses. The evidence is that the building design and materials will be compatible with the neighborhood and the surrounding improvements. . Section 3.5:3 (B) requires that buildings be oriented to the "build -to" lines consistent wi* the neighboring buildings. The evidence is that this building is set back from the build -to. line. The code allows an exception to the standard if certain conditions are found. The exception states that 10/03/1998 13:06 3034566161 STEVE KLAUSING PAGE 04 The applicant's submittal materials and the staff report, are a part of the record and are incorporated herein by reference. The Hearing Officer takes official notice of the drawings and visual aids used during the hearing. The surrounding zoning districts and land uses are: N: C-Commercial; KMart Plaza S: C-Commercial; Spradley Barr Dealership W: C-Commercial; KMart Plaza, parking lot E: C-Commercial; Existing Jiffy Lube The proposed project is located on approximately .59 acres of land which is currently improved as a parking lot. Findings The city planner testified that the proposed use is permitted within the district, that review of the project as a Type 1 Administrative review is appropriate because the request is for a Project Development Plan review, that the plan complies with the Article 3 General . Standards and the Article 4 Development Standards. The applicant testified to the site layout, the building construction and materials, the lighting and the proposed landscaping. There was no testimony in opposition to the proposal. This project is located in the C-Commercial zone. The proposed use is for a convenience retail store of less than 5,000 square feet with fuel sales. Article 5 of the Land Use Code defines "convenience retail store with fuel sales" as "a general retail store containing less than 5,000 square feet of gross floor area (excluding any fueling canopies) which sells general merchandise, goods and services, and may include, without limitation, ready to eat food products, groceries,sundties and fuel." The C-Commercial District permits convenience retail stores with fuel sales and the proposed use is consistent with the permitted uses. 10/03/1998 13:06 3034566161 STEVE KLAUSING PAGE 03 SUMMARY OF RECOMMENDATION AND DECISION: STAFF RECONbUMATION' Approval MARINCY DMCER DECISION: Approval with conditions ♦II\ Y:C-Commercial NOTiCF OF P1 JBLIC REARiNC: AND The city planner testified that the NEIGHBORHOOD MEETING property was posted, legal notice published and written 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 September 29, 19% at approximately 6:30 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 heating: From the City: Leanne Harter, City Planner Fort Collins, CO For the Applicant: Carr Bicker The Architect's Studio 151 West 'Mountain Ave. Fort Collins, CO 80524 Ralph Fuller 2401 Brookwood Fort Collins, CO 80524 E STAFF REPORT HF ARIN . OFFI R: Steven Klausing Hearing Officer, Administrative Type KMart Plaza, Fuller's Texaco Development Plan CASE. NUMBER- #38-97A Q Southwestern Production Corporation 1675 Latimer Street, Suite 720 Denver, CO 80202 APPLICANT The Architect's Studio c/o Carr Bieker 151 West Mountain Ave. Fort Collins, CO 80524 PROJECT DESCRMnON: This is a request for approval of a Project Development Plan to construct a 2,800 Square foot retail convenience store with fuel sales on approximately .59 acres. The site is located immediately west of the existing Jiffy Lube, at the northwest corner of the Drake and College Avenue intersection. The proposed land use includes a car wash, located at the rear of the site, convenience store and fuel sales. This project is located in the C-Commercial zone district_ COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT