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MULBERRY & LEMAY CROSSING, 1ST FILING, LOT 3, BEANTREES - PDP - 36-96H - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS
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M.ua1.1b h � [ � rrr s e..f « rr I�w . as u.w e.ar � Mwn « ua ra .. n..Y• w fnars�we m ao r rar �+ NOTE: ,) See shoat 2 of IonCacape plan for detail of shmb planting. SHRUB PLANTING DETAIL anr�.. w.aal+waw excel-ffosn-IwTs rro aru� yg car boat. aa. b s a..aaa. a u a«ay .s• e_ �s «.....a.a..� a e .w s.�.... n.a a M.n ipre• / « 7 3 D Z ROM. RACY LR ii � '�f NP IA.RIrR .N. • _ .w. ���.a. OWNERS CERTIFICAIM �. !r •----:;�•'\ Y�\ TN, ao.o h. b, ..odor tlId dN.N an 1AP i.Rd >d .d ann.rNb AAvW RA Ni..1u Onn nne ao MnM ./IM dR11R.F RrM dlr mdlls. P,=A, Ad: polo on DATE\ DAMP (.grnO) arz o.NER (dOnN) �ionmmr)a Ia.wHD IMrvm.rrt a mNo.HNpH eda1. m. u. _ 5cr a A.S. 30O_. A O Ip 20 N9fnr my MM arM o111m1 wRl. NOTARY Pue Nr mtMd commlvlm ..qr� APPROVED: 5j 1M Dll , N ROnMny 0,1 _ my a •LD.. 2DQ_ . DIRECTOR OF R NING SGLF: 1'r10' JIAAMR. OS, ZO03 T 0 bl W p WtlRF'J lOY6 -1¢T —M 1---�____. SITE DATA: WLXM I I PROJECT TITLE -- RCAMTREES A ORDRR AREA — 10. I83 of 0.23 1 ' 1 1YIR1� EXISTING ZgIIRG — C - COIRERCIAL i R�siArjRwl ♦VI 1 rr PROPOSED USE -- DRIVE -UP COFFEE HOUSE � OY0 1 r SSN ARs(T' ; FLOOR AREA — R3S .1 s I I BLDG. WEIGHT -- 13. - 15.51 i 1 _err OFF STREET PAIRING 911PERWRIST LIfI101 LOT LLJ LEGAL DESCRIPTION: J S LOT 3, WLHRRT-LEWv CR0391M. FILINO 1 Nj p� I fWF 11tN1E. COILMA00 O � 9 �' 88 LAND USE BREAKDOWN: i RLDD. AREA 435 .1 — 4.3N Q all s�-- f • ASPHALT DRIVE -- 2.502 Rf — 24.Sf1 g CONCRETE NI1LN • RAW - ase .1 -- a. eN � PATIO -- IM .f - I.YN (y R. LANDSCAPE 1. 102 of -- 10.Sa •;•�• ' m sA AREA 5.5W .1 aA. sa 3 iR i qq LL TOTAL --- 10. 153 .1 — 100. 011 VICINITY MAP ONE or ONE I / MMN I - - - - -- I 37 I C t✓: C EM z SITE s R AT it ~ � G E MULBERRY ST E MULBERRY ST POL l UE 01 �R eeR i RC POL N O I #36-96H Mulberry & Lemay Crossings 12/5/03 N 1st Filing, Lot 3, Beantrees PDP Type 11 (LUC) 1 inch : 600 feet Commuiuty Planning and Environmenta, ervices Current Planning City of Fort Collins MEMORANDUM Date: January 15, 2004 To: Planning and Zoning Board From: Steve Olt,; Re: Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), Project Development Plan (PDP) - #36-96H The purpose of this memorandum is to provide the Planning and Zoning Board with two (2) conditions of approval for the Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), PDP that are being recommended by City staff. These 2 conditions, as follows, should be considered by the Board at their January 15, 2004, public hearing: 1. That the applicant receive a variance from the City's Water Board for the "dryland access" requirement set forth in Article ll, Section 10-61(7) of the City Municipal Code. The variance procedure is established in Article ll, Section 10- 38 of the City Municipal Code. The variance request for the Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), PDP is scheduled to be considered by the Water Board on January 22, 2004. 2. That the applicant obtain necessary easements from the adjacent property owner to the south (Supermarket Liquors) for: the proposed new 12' wide recycled asphalt drive to be reconstructed on that property; and, • a cross -access agreement for the section of new 15' wide asphalt drive to the Beantrees development that will cross that property. Final Development Plans for the Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), PDP will not be approved and recorded until these conditions have been satisfied. 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Jan 15 04 08:33a Austin Cale 3702820356 p.3 14 January 2004 Beantrees, Incorporated 901 Sailors Reef Fort Collins, CO 80525 Attn: Eileen Turgeon & Diana May Dear Eileen & Diana, This letter documents our understanding and agreement to the removal of the existing asphalt drive bordering the south property line of Lot 3 at 432 12"' Street, Fort Collins, Colorado as part of the sale of this property. The purchase agreement between David G. Joyce and Stephen D. Joyce (Sellers) and Eileen Turgeon (Buyer) shall include the following berms regarding the existing asphalt driveway. r The Buyer shall be allowed to remove the existing asphalt strip to accommodate the new driveway and landscaping requirements for the Beantrees drive through coffee house. The Buyer is not responsible for relocation or replacement of the existing asphalt driveway on their property or any adjacent property. These terms become effective upon the execution of the "Contract to Buy and Sell Real Estate" between David G. Joyce and Stephen D. Joyce and Eileen Turgeon. These terms will be included in the "Addendum to Vaunt Land/Farm and Ranch Contract to Buy and Sell Real Estate". Signed, David G. Joyce Stephen D.Joyce Jan 15 04 08:33a Rustin Cale 9702820356 p.2 22 December 2003 Beantrees, Incorporated 901 Sailors Reef Fort Collins, CO 80525 Attn: Eileen Turgeon & Diana May Dear Eileen & Diana, This letter documents our verbal agreement on property easements between Lot 3 at 432 12"' Street, Fort Collins, Colorado and the property directly to the south of this lot containing Supermarket Liquors. The purchase agreement between David G. Joyce and Stephen D. Joyce (Sellers) and Eileen Turgeon (Buyer) includes the following terms regarding the shared property. ➢ We agree to give the Buyer access to the property through a shared driveway on 12'h Street spanning the south end of the Lot 3 property and the north end of the property where Supermarket Liquors is located. r We agree to let Beantrees utilize an existing trash dumpster on the north end of the Supermarket Liquors property. These terms become effective upon the execution of the "Contract to Buy and Sell Real Estate" between David G. Joyce and Stephen D. Joyce and Eileen Turgeon. These terms will be included in the "Addendum to Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate". Signed, David G. Joyce Stephen D. Joyce Jan 15 04 08:33a Austin Cale 9702820356 -PA TE-: /-16'�ay _fan -T�;s / d✓ �� � �lJ�r'©vd� !s s'cl�f P c7(l% coN��%r�►�7`afa��fcQ�r� l��c/�v� I/a�^©on e wa ��� �aa�� �o e ���� y lo•��/ <cc�� s 1 La -T� e'Va r � o r r�u ✓ � `, / S Seo44 0-4% jdalla 14 7 Steve Olt - condition beantree Page 1 From: Sheri Wamhoff To: Steve Olt Date: 1/9/04 3:22PM Subject: condition beantree Steve Here is a shot as wording for a condition for this project. Conditional approval based on the applicant obtaining easements from the adjacent property owner to the south for the reconstructed emergency 12' recycled asphalt drive that is shown and for a cross access agreement for the access from 12th Street across the adjacent property. Hope this helps. I will be out next week until Thursday afternoon. Sheri ""�_ / Community Planning and Environmenta. -rvices Current Planning City of Fort Collins MEMORANDUM Date: January 15, 2004 To: Planning and Zoning Board From: Steve Olt Re: Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), Project Development Plan (PDP) - #36-96H The purpose of this memorandum is to provide the Planning and Zoning Board with one (1) condition of approval for the Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), PDP that is being recommended by City staff. This condition, as follows, should be considered by the Board at their January 15, 2004, public hearing: 1. That the applicant receive a variance from the City's Water Board for the "dryland access" requirement set forth in Article II, Section 10-61(7) of the City Municipal Code. The variance procedure is established in Article II, Section 10- 38 of the City Municipal Code. The variance request for the Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), PDP is scheduled to be considered by the Water Board on January 22, 2004. Final Development Plans for the Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), PDP will not be approved and recorded until this condition has been satisfied. 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Beantrees, Project Development Plan-#36-96H January 15, 2004 P & Z Page 6 of 6 2. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. 3. The Project Development Plan complies with all applicable district standards of Section 4.17 of the Land Use Code, C zone district. RECOMMENDATION: Staff recommends approval of Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), Project Development Plan - #36-96H. E^ Beantrees, Project Development Plan-#36-96H January 15, 2004 P & Z Page 5 of 6 • the Wal-Mart building (to the north) is constructed of brick, stone and stucco. 2. Section 3.5.3, Mixed Use, Institutional and Commercial Buildings a. The proposal complies with Section 3.5.3(B)(1) in that the primary entry faces and opens directly onto a connecting walkway with pedestrian frontage and a sidewalk that connects to a detached sidewalk along 12th Street. b. The proposal complies with Section 3.5.3(13)(2)(d)1 in that, although at least 30% of the northwest face of the building is not set back 15' or less from the right-of-way line for 121h Street (being smaller than a full arterial street), the development plan does provide an outdoor, pedestrian -oriented space in the form of a plaza / patio between the building and the public sidewalk along 12'h Street. 4. Neighborhood Information Meeting The Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), PDP contains a proposed land use that is permitted as a Type II use in the C — Commercial Zoning District, subject to a Planning and Zoning Board review. The proposed use is a drive -through specialty coffee business; and, the proposal constitutes a relatively small infill, pad site development in the midst of existing commercial / retail uses in the East Mulberry Street commercial corridor and within an existing development (the Mulberry and Lemay Crossings PUD). The LUC does require that a neighborhood meeting be held for a Type II development proposal unless the Director determines that the proposal would not have significant neighborhood impacts. In this case it was determined that the proposal would not have significant neighborhood impacts (since there are no residential neighborhoods in close proximity) and, therefore, a neighborhood meeting was not held to discuss this proposal. FINDINGS OF FACT/CONCLUSIONS After reviewing the Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), Project Development Plan, staff makes the following findings of fact and conclusions: 1. The proposed land use is permitted in the C — Commercial zone district. 5 Beantrees, Project Development Plan-#36-96H January 15, 2004 P & Z Page 4 of 6 satisfying the minimum requirement of 5% of no automobile parking spaces on this site. At least 1 bicycle parking space is being provided. b. The proposal complies with Section 3.2.2(D) in that it provides for safe, convenient, and efficient bicycle, pedestrian, and vehicular movement to and through the site. Vehicular access and egress will occur via existing and proposed drive curb cuts on 12Street. c. The proposal complies with Section 3.2.2(J) in that the one-way drive (vehicular use area) into the site will be set back 5' from the south lot line to include a landscaped setback area. B. Division 3.3, Engineering Standards 1. Section 3.3.5, Engineering Design Standards The proposal complies with the design standards, requirements, and specifications for the services as set forth in this section. C. Division 3.5, Building Standards 1. Section 3.5.1, Building and Project Compatibility a. The proposal complies with Sections 3.5.1(B) and (C). The building will be a 1-story, flat -roofed structure generally 14' to 15' in height. Size and scale will be compatible with the Taco Bell / KFC Restaurant building to the northwest and the mixed - use commercial building to the west. b. The building will be constructed of synthetic stucco siding with a sloped, cement tile roof over the entry and patio. The materials are similar to, compatible with, and of a quality that is equal to materials on existing buildings in the area. • The Supermarket Liquors building (to the south) is constructed of split -face block and metal; • the mixed -use commercial building (to the west) is constructed of stone and stucco (or tilt -up concrete); • the Taco Bell / KFC Restaurant building (to the northwest) is constructed of brick and stucco; and, n Beantrees, Project Development Plan-#36-96H January 15, 2004 P & Z Page 3 of 6 The property was subdivided and platted as Lot 3 of the Mulberry and Lemay Crossings, Filing No. 1, Subdivision in January, 2000. No previous planning has been done in the City of Fort Collins for this property. 2. Division 4.17 of the Land Use Code, Commercial Zone District The proposed drive-in restaurant (which this proposed development is defined as in the LUC) is permitted in the C District, subject to a Planning and Zoning Board (Type II) review. The PDP meets the applicable Land Use and Development Standards in the C zone district. 3. Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable General Development Standards as follows. - A. Division 3.2, Site Planning and Design Standards 1. Section 3.2.1, Landscaping and Tree Protection a. The proposal complies with Section 3.2.1(D)(1)(c) in that it provides "full tree stocking" within 50' of the building, according to the standards as set forth in this section. b. The proposal complies with Section 3.2.1(D)(2)(a) in that canopy shade (street) trees are being provided at a 30' to 40' spacing in the 7' wide parkway along 12`h Street. c. The proposal complies with Section 3.2.1(E)(4)(a) in that trees are being provided at a 40' spacing in a 5' setback area along the south property line adjacent to the one-way drive for this facility. 2. Section 3.2.2, Access, Circulation and Parking The Beantrees PDP (drive -through specialty coffee business) will share vehicular parking with Supermarket Liquors in the existing parking lot to the south, on the liquor store property. No vehicular parking is being provided on this site. a. The proposal complies with Section 3.2.2(C)(4)(a) in that it provides secure and conveniently located bicycle parking near the front entry to the building, with the amount of bicycle parking 3 Beantrees, Project Development Plan-#36-96H January 15, 2004 P & Z Page 2 of 6 standards located in Division 3.2 - Site Planning and Design Standards, 3.3 — Engineering Standards, and Division 3.5 - Building Standards of ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS; and standards located in Division 4.17 Commercial District (C) of ARTICLE 4 — DISTRICTS. Drive-in restaurants (which this proposed development is defined as in the LUC) are permitted in the C — Commercial Zoning District, subject to a Planning and Zoning Board (Type II) review. The C 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. Secondarily, it can accommodate a wide range of other uses including creative forms of housing. While some Commercial District areas may continue to meet the need for auto -related and other auto -oriented uses, it is the City's intent that the Commercial District emphasize safe and convenient personal mobility in many forms, with planning and design that accommodates pedestrians. This proposal complies with the purpose of the C District as it is a new commercial / retail project in the commercial corridor along East Mulberry Street. The proposed drive-in restaurant land use (drive -through specialty coffee business) will provide both vehicular and pedestrian access to and from the site from existing and proposed drives and the sidewalk system along 12th Street. COMMENTS: Background The surrounding zoning and land uses are as follows: N: C; existing discount retail (Wal-Mart SuperCenter) S: C; existing retail in Larimer County (Supermarket Liquors) E: I; existing industrial (various uses) W: C; existing commercial / retail (various uses in Mulberry and Lemay Crossings) The property was annexed into the City of Fort Collins in September, 1984, as part of the Second Fisher - Lemay Avenue Annexation. 2 ITEM NO. 7 MEETING DATE 1/15/04 STAFF Steve Olt — Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Lot 3 of Mulberry and Lemay Crossings, Filing No. 1 (Beantrees), Project Development Plan - #36-96H APPLICANT: Beantrees, Inc. c/o Eileen Turgeon & Diana May 901 Sailors Reef Fort Collins, CO. 80525 OWNER: David & Stephen Joyce 1300 East Mulberry Street Fort Collins, CO. 80524 PROJECT DESCRIPTION: This is a request for a new commercial project, with 436 square feet of leasable floor space in one building, on a 0.23 acre site. The building will be one story (up to approximately 16') in height. The proposed land use is a drive -through specialty coffee business, with a limited menu of food items that typically accompany coffee drinks. The project will be accessed from one existing drive (shared with Supermarket Liquors) and exited by one new drive to 12th Street. The drive -through will be one way. The property is located at the southeast corner of 12th Street and East Magnolia Street, north of East Mulberry Street and Supermarket Liquors, and east of North Lemay Avenue. It is in the C - Commercial Zoning District. RECOMMENDATION: Approval EXECUTIVE SUMMARY: This PDP complies with the applicable requirements of the Land Use Code L( UC), more specifically: the process located in Division 2.2 - Common Development Review Procedures for Development Applications of ARTICLE 2 - ADMINISTRATION; COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box580 Fort Collins, CO80522-0580 (970)221-6750 PLANNING DEPARTMENT