The URL can be used to link to this page

Home My WebLink AboutDRAKE CROSSING, SAFEWAY FUEL CENTER - PDP - 35-96D - DECISION - FINDINGS, CONCLUSIONS & DECISIONWme �3a�htr� ACPMINISTr2A'fIV& f U$UG F{E1�1?IWT TvLY 26 , vo b & PM D2t K.E CRass/N�D C7tFEW/!`/ 'Ft6[- 66N'fE2 SDP Ab=!9S valley Fore Z3lz Cep rr �� e2y SO IAv) ��d �e Gral(a`�j ►tau n �i 53mill So cJ¢ttw� t"riC��,✓t �n��binial�� `J "�O A%oci-ak5 WWPWN�4 6y y4tiiv. �aebo�9a �a� q 80-6 �Sc{ -7 4� 6 c,, l o J r.. tyt� c�Ce��.C�+Zt 3o3 -77o - M&4 Jotin _soal�se�faa.cow, n [ r 1 Prt�+�_ 1 t ESerA4Q.�dn �)a13-7� may, Drake Crossing, Safeway Fuel Center, PDP Administrative Hearing Findings, Conclusions, and Decision July 26, 2006 Page 4 of 4 located west of the subject property. While there is the potential for loitering to increase due to the proximity of students from the nearby facilities, the applicant and owner have put into place adequate safety measures to monitor such activity, and the Hearing Officer is convinced that these measures provide the appropriate means for mitigation should such loitering occur. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to otherwise refute the compliance with Article 3. SUMMARY OF CONCLUSIONS A. The Drake Crossing, Safeway Fuel Center, Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Drake Crossing, Safeway Fuel Center, Project Development Plan satisfies the development standards of the NC zoning district. C. The Drake Crossing, Safeway Fuel Center, Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Drake Crossing, Safeway Fuel Center, Project Development Plan #35-96D, is hereby approved by the Hearing Officer without condition. Dated this 27th day of July 2006, per authority granted ections 1.4.9(E) and 2.1 of the Land Use Code. urrent Plan nitj Director Drake Crossing, Safeway Fuel Center, PDP Administrative Hearing Findings, Conclusions, and Decision July 26, 2006 Page 3 of 4 FACTS AND FINDINGS The surrounding zoning and land uses are as follows: N: NC, RL existing multi -family residential ; single family residential (Valley Forge Condominiums, Brown Farm Third Filing) E: RL; existing single family residential (Lexington Green Third Filing, Fort Collins Bible Church) S: NC; existing Shopping Center (Drake Crossing) W: NC; existing Shopping Center (Drake Crossing) The property was annexed into the City of Fort Collins in June, 1971 as part of the Brown Farm First Annexation. The subject property was Tract B of the Drake Crossing Shopping Center that was approved by the Planning and Zoning Board in March, 1982. Tract B was identified for gas station and car wash uses on 0.88 acre. It remained as Tract B on a replat known as Drake Crossing Shopping Center Filing No. 2 that was approved through a minor amendment process in November, 2002. 1. Compliance with Article 4 and the NC Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the NC Zoning District. The proposed car wash, which is considered a vehicle maintenance establishment, along with the proposed fuel station and convenience retail store, are uses permitted subject to Administrative Review. Since there are no other convenience stores with fuel stations within 1 mile of the site, the use is found to be compliant with the 3/ mile separation requirement for such uses. The Staff Report summarizes the PDP's compliance with these specific standards and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with Article 4 or the NC District Standards. 2. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable requirements of Article 3, including standards for site and building lighting, and landscaping. Public testimony indicated a potential concern for loitering at the convenience store, as two juvenile care facilities, Managed Adolescent Care and Peak, are located west of the subject property. While there is the potential for loitering to Drake Crossing, Safeway Fuel Center, POP Administrative Hearing Findings, Conclusions, and Decision July 26, 2006 Page 2 of 4 properly posted, legal notices mailed and notice published. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:10 p.m. on July 26, 2006 in Conferences Room C&D at 281 North College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; (3) a sign up sheet of persons attending the hearing and citizens speaking in favor of or against the application; and (4) a tape recording of testimony provided during the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Shelby Sommer, Associate Planner, on behalf of Steve Olt, City Planner From the Applicant: Terry Kunz, Safeway John Scales, Galloway, Romero & Associates Jeremy Friesen, Galloway, Romero & Associates From the Public: Thomas Grimes and Samantha Mott, 2312 Valley Forge Court Art Glover and Sharon Tappan, 2450 Hampshire Road Chuck and Sharon Winn, 1696 Quince Ave, Boulder Written Comments: None City of Fort Collins Commuiaty Planning and Environmental �,crvices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: July 26, 2006 Drake Crossing, Safeway Fuel Center, Project Development Plan #35-96D Galloway, Romero & Associates c/o John C. Scales 5350 DTC Parkway Greenwood Village, CO 80111 Fort Collins Car Wash 806 East 19th Avenue Denver, CO 80218 Cameron Gloss Current Planning Director PROJECT DESCRIPTION: The applicant proposes to develop a convenience store, fuel station and car wash operated in conjunction with the Safeway grocery store at Drake Crossing Shopping Center. The property is located on the southwest corner of South Taft Hill Road and Valley Forge Avenue. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: Neighborhood Commercial — (NC) STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020