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HomeMy WebLinkAboutLEVON'S WAREHOUSE CONDO - MODIFICATION REQUEST - 19-96B - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSFort Collins Truck Sales 700 North College Ave. Fort Collins, CO 80524 practical way considering the physical pie -shaped feature of this parcel and the relatively small frontage on Hickory St. Also, traffic in and out will be coming off of Hickory, which was fully improved when the first building was constructed with curb and sidewalk. Hickory St. is paved and has a signal light at the corner with College Ave. If you have any questions please call me at 490-1251 Thank you Charles Meserlian Fort Collins Truck Sales 700 North College Ave. Fort Collins, CO 80524 Mr. Troy Jones City Planner Current Planning Dept. 281 N. College Ft. Collins, CO 80522 Re: Request to modify Code 3.5.3(B)(2) to allow the proposed commercial building at 315 W. Hickory to face north towards Hickory St. Dear Troy, I have a proposed 20,000 ft. commercial building that has been submitted to your staff. The proposed building is being designed to complement the existing building which was built over two years ago and which until recently was occupied by Uptown Rubber Stamp. In order to accomplish my goal of having an aesthetically pleasing and marketable building I would like to request a modification of Code 3.5.3(B)(2). I believe this is an acceptable modification and should be granted according to modification of Standards 2.8.2(H) because this is not detrimental to the public good nor will it impair the intent and purposes of the Land Use Code. Additionally, the plan as submitted will advance the public interests and will result in a better plan overall than would a plan which complies with Standard 3.5.3(B)(2). A) Modification is not detrimental to the public good: The building which is proposed, if built to Code 3.5.3(B)(2), would be facing Hemlock St. Currently, Hemlock St. is gravel. According to comments provided by the Engineering Dept., there is no plan or need to pave Hemlock in the foreseeable future. Having the proposed building face north toward Hickory St. and the existing building would interconnect it with the existing building and would also connect it with the city-wide bike path, a feature not usually seen in commercial buildings of this nature. I feel that facing the proposed building north will be more conducive to the type of use proposed and will result in a better project for all concerned. B) The modification does not impair the intent and purpose of the Land Use Code: Article 1.2.2(C) of the Land Use Code states that one of the purposes of the code is "fostering the safe, efficient and economic use of the land, the city's infrastructure and other public facilities and services". My proposed building does not negatively impact this purpose because there are continuos sidewalks to Hickory St. and out to College Ave. Additionally, Hickory St. is a fully improved street with a signal light on College, along with bus service close by. Also included in the proposed plan is a connecting sidewalk to the city-wide bike path. I feel the overall effect of this will be to better serve the purpose of Code 3.5.3(A); which is to promote the design of an urban environment, built to human scale, to encourage attractive street fronts and connecting walkways, to accommodate pedestrian and vehicular movement. C) The shape of the land: Section 3.5.3(H)(3) of the Land Use Code addresses the physical shape or topography of the land which could lead to a consideration of modification of the code. Allowing this building to be built as proposed is the most Fort Collins Truck Sales 700 North College Ave. Fort Collins, CO 80524 Mr. Troy Jones City Planner Current Planning Dept. 281 N. College Ft. Collins, CO 80522 Re: Request to modify Code 3.5.3(B)(1) -"Orientation to connecting walkway" Dear Troy, The proposed building at 315 W. Hickory St. will be the 2nd building on the site. The first building was built over two years ago and was occupied by Uptown Rubber Stamp. A sidewalk was built to code at the time that connected to the sidewalk on the street. I believe this modification should be granted according to modification of Standards 2.8.2(H) because it is not detrimental to the public good nor does it impair the intent and purpose of the Land Use Code. A) Modification is not detrimental to the public good: The sidewalk that is already constructed and which has been in use for the past two years has adequately served the need and purpose of a sidewalk that connects to the street. There is a mail box bank set up along the walkway that is in an ideal location. To date there has not been any complaints or issues with the sidewalk located where it Is. B) Modification does not impair the intent and purpose of the Land Use Code: Article 1.2.2(C) of the Land Use Code states that one of the purposes of the code is "fostering the safe, efficient and economic use of the land". The existing sidewalk is part of an attractive site plan with established landscaping and an in -ground sprinkler system. The current configuration is the most efficient use of the land. Though it's cost would be minimal, another sidewalk would be an eyesore. C) Orientation to connecting walkway: Section 3.5.3(B)(1) states that at least one main entrance of any commercial building shall face open and directly onto a connecting walkway with pedestrian frontage. A connecting walkway is further defined as any walkway that directly connects a building entrance to the street sidewalk and connects other origins and destinations for pedestrians without requiring pedestrians to walk across parking lots or driveways, around buildings or follow parking lot outlines which are not aligned to a logical route. My plan includes a sidewalk that connects to the city-wide bike path. The sidewalks also connects directly to the street. Nowhere in the definition does it say it has to be a straight line. Directly means without interruption, which the plan accomplishes. The plan, while following around the outline of the driveway entrance is the most logical route and is preferable to some convoluted path which does not make sense. If you have any questions please call me at 490-1251 Thank you, Charles Meserlian Fort Collins Truck Sales 700 North College Ave. Fort Collins, CO 80524 attractive landscape and is incorporated as part of the existing building. I refer back to my previous argument that this modification is not at all detrimental to the public good, as there have been no problems for the 2 1 /2 years it has been in use. It does not impair the intent and purpose of the Land Use Code as it was built to a very recent code and is the most efficient use of this site. If you have any questions please call me at 409-1251 Thank you, Charlie Meserlian Fort Collins Truck Sales 700 North College Ave. Fort Collins, CO 80524 Mr. Troy Jones City Planner Current Planning Dept. 281 N. College Ave. Fort Collins, CO ;80524 Re: Request to modify Code 3.2 ., 2.. i 0(5)LA) -.7 Dear Troy, The proposed building at 315 W. Hickory St. will be the 2nd building on the site. The first building was built over two years ago and was occupied by Uptown Rubber Stamp. A sidewalk was built to code at the time that connected to the sidewalk on the street. I believe this modification should be granted according to modification of Standards 2.8.2(H) because it is not detrimental to the public good nor does it impair the intent and purpose of the Land Use Code. A) Modification is not detrimental to the public good: The sidewalk that is already constructed and which has been in use for the past two years has adequately served the need and purpose of a sidewalk that connects to the street. There is a mail box band set up along the walkway that is in an ideal location. To date there has not been any complaints or issues with the sidewalk located where it is. B) Modification does not impair the intent and purpose of the Land Use Code: Article 1.2.2(C) of the Land Use Code states that one of the purposes of the code is "fostering the safe efficient and economic use of the land". The existing sidewalk is part of an attractive site plan with established landscaping and an in -ground sprinkler system. The current configuration is the most efficient use of the land. Though it's cost would be minimal, another sidewalk would be an eyesore. C) Orientation to connecting walkway: Section 3.4.3(B)(1) states that at least one main entrance of any commercial building shall face open and directly onto a connecting walkway with pedestrian frontage. A connecting walkway is further defined as any walkway that directly connects a building entrance to the street sidewalk and connects other origins and destinations for pedestrians without requiring pedestrians to walk across parking lots or driveways, around buildings or follow parking lot outlines which are not aligned to a logical route. My plan includes a sidewalk that connects to the city-wide bike path. The sidewalks also connects directly to the street. Nowhere in the definition does it say it has to be a straight line. Directly means without interruption, which the plan accomplishes. The plan, while following around the outline of the driveway entrance is the most logical route and is preferable to some convoluted path which does not make sense. D) Code 3.2.2(C)(5)(A)-Access, circulation and parking: The purpose as stated in 3.2.2(C)(5)(A) is for all parking and circulation aspects of all developments to be well designed with regard to safety and efficiency for vehicles, pedestrians, etc. This states that walkways must be grade separated from the parking lot and also must be 6 feet in width. Part of this modification request is to accept the existing sidewalk between building #1 and the street which was constructed only 2 1/2 years ago according to code. The existing sidewalk is at the same grade as the driveway and is less than 6 feet in width. Again, this sidewalk has served it's purpose well, is already part of an INDUS L OGAL WALK CMN) OWNS ROADWAY= 44• wide RIGHT OF WAY, 66' Cmin.) TRIAL STREET 66' ROW CMIN.) 44' RWALK G S CMW �MgVD �6 MIN_ SETBACK TO FENCE i OR BLALOING i 12' 12, 9 1 UTiL. TRAVEL TRAVEL I i ESHT> PARK 10' � TRAVEL L� Two lanes. 12, wide. LEFT TURN LANES, None. if needed. parking would be prohibited. BIKE_ LANES, Bicyclists shall share the travel lanes with motor vehicles. Additional width may be required in the parking lanes to provide bike/parking shared lanes within and lending to activity areas. PARKING, Two lanes 10" wide. PARKWAY= G.5' CminJ width Additional width optional. SiD� 45- Cmin_> width. Additional width may be required within and leading to actvity areas. MEDIAN, None. Additional width required 'for development requested medians. WHEREUSED` These speclflcations shall apply to streets used in industrial areas for local access and circulation. when the traffic volume on the street Is anticipated to be 2500 vpd or less. SPEED�AT, 25 rIpH FENCES AND SLIILrXNG, Setback a minimum of 6' from the parkway edge of the sidewalk. PARKWAY LANDSCAPING, Parkways shall be clandscaped h grass and incorporate xerlscape principals. Cit whenever appropriate. in accordance with the requirements of the inco Foreste- TREE PLANTING= Canopy shade trees shag Ull be planted at 40 foot spacings s in the center of a � parkways. Individual trees shag not be closer than 30 feet from the next street tree. Canopy shade trees shag be placed no closer than 30 feet from roadway Intersections. 8' from driveways and alleys and shall be no closer than 4C feet from any street fight. Minimum tree size shag be in accordance with City requirements. Species shag be selected from the City approved canopy shade tree list. ACAS` Access will be limited. Points of access must be approved by the City. CURB AND GLITTER, Vertical curb and gutter. UFi N,NL fUTA TOO-yr I J I ROOO �f'WN (DRY CREEK) - ✓ i �_ r' / ^ � � , wm1» t t l,. OM FROM=, i / l Am. A aA CN '.ZONE Man o msamumc' CL L�%RFC 0 "'W E 2122r w/aa soft aA 4orm" _ _0 1eoo' nad II 11'1� �'2 •� ZL1 -J 17 1-1 �1 c1 _L I I I l .. �11 o r�+"Ata°"`CF — — $ k jI �J►Ij cal x _ Y ta To BE wxm JO.M' A ' S 000,Y0p' E Y76?.i' •-_•. I � •r II t • I Z , - I 1 � . a so. 1 r t, h 1 I k.• 1I+ f a _ _ 1 --------.-_ --- _ _ ^I A6 +. 01 "FEcust " w� co meu� I g I ( 1PJtK�R � I' • ONf,:E aaule2101 �'•• : �'.:. .� �• 1Y=1i J� : - .. - i•l 10' DMaW VIU1T x�—'x— x X — x �--- f rF�s; +. I x "r P I l6a .. CONCRETE ARM FF" C� � ' .. ..:,•. ,'.: � .. .. �.' +: PO Z - �5 QQ ki � 70 xlil,►T B �1INDu5TOhL LOCAL STREET C n�omty U I. P,4AKi"� G Pn cPus �S0 P�° W fA/ �x ►ST►�6 G � a of c. �v�n E-ou3►T R VICINITY MAP 03/08/00 #19-96A Levons Warehouse/Office Building Type 1 - PDP (LUC) 1"=600' Modification of Standards for Levon's Warehouse/Office Building, File #19-96B June 1, 2000 P&Z Meeting Page 6 B. Granting the requested modifications #1 would not be detrimental to the public good because Hemlock on either side of this site is projected to remain a gravel road for the foreseeable future. C. Granting the requested modifications #1 would not impair the intent and purposes of the Land Use Code because a pedestrian -oriented relationship between the applicant's proposed building and Hemlock Street would be inconsistent with the present and foreseeable future character of the neighborhood. D. Granting the modifications #1 & will advance or protect the public interests and purposes of the standard for which the modification is requested equally well as would a plan which complies with the standard for which a modification is requested because a pedestrian -oriented street front is not appropriate in this location. E. Granting the modifications #2 & #3 will not advance or protect the public interests and purposes of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which the modification is requested because the existing sidewalk the applicant proposed to use is substandard. 6. RECOMMENDATION: A. Staff recommends approval of the modification requests to Sections 3.5.3(B)(2) [modification request #1 ], of the Land Use Code. B. Staff recommends denial of the modification request to Section 3.6.3(B)(1), and Section 3.2.2(C)(5)(a) [modification requests #2 & #3] of the Land Use Code. Modification of Standards for Levon's Warehouse/Office Building, File #19-96B June 1, 2000 P&Z Meeting Page 5 that a pedestrian -oriented relationship between the building and Hemlock Street is not appropriate. Staff therefore finds that the proposed plan accomplishes the public interests and purposes of the standard at least equally well as a plan that complies with the standard. (B) Modification Request #2 — Section 3.5.3(B)(1) requires that the building is to be connected to the street sidewalk by the use of a "connecting walkway," which is defined in Article 5 as "any walkway that directly connects a building entrance(s) to the street sidewalk, and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places and transit stops, without requiring pedestrians to walk across parking lots or driveways, around buildings or follow parking lot outlines which are not aligned to a logical route. " The applicant proposes to utilize the existing sidewalk that connects the existing building on -site to the street sidewalk. Staff has advised the applicant that this existing configuration follows the parking lot outline, therefore does not satisfy the definition of a connecting walkway. The street sidewalk of Hickory Street is the what this sidewalk would connect to. Staff feels that although Hemlock Street does not need a pedestrian -oriented relationship between the building and the road, Hickory Street is of a different character and should at least be connected to by a sidewalk that meets the standard. Staff therefore does not support this modification request. (C) Modification Request #3 — Section 3.2.2(C)(5)(a) requires that on -site walkways that connect points of pedestrian origin and destination be (1) grade separated and (2) at least 6 feet wide. Again, the applicant proposes to utilize the existing sidewalk that connects the existing building on -site to the street sidewalk. Staff has advised the applicant that this existing configuration is not grade separated and is only 3.5 feet wide, therefore it does not meet the standard. As stated for Modification Request #2 above, staff feels that although Hemlock Street does not need a pedestrian -oriented relationship between the building and the road, Hickory Street is of a different character and should at least be connected to by a sidewalk that meets the standard. Staff therefore does not support this modification request. 5. FINDINGS OF FACT/CONCLUSION: A. The requested Modifications of Standards for Levon's Warehouse/Office Building, file #19-96B is subject to review by the Planning and Zoning Board. Modification of Standards for Levon's Warehouse/Office Building, File #19-96B June 1, 2000 P&Z Meeting Page 4 access off of Hickory Street. The applicant proposes to locate the new building 20 feet from the Hemlock right-of-way, and to have the front of the building face the interior of the site rather than the street (currently a gravel road). If the applicant were to satisfy this code requirement, a 15 foot build -to line would be required to be established in order to form a visually continuous, pedestrian -oriented streetfront with no vehicle use area between the building faces and the street. There would be no way to have a visually continuous, pedestrian -oriented street front along Hemlock without requiring street improvements (i.e. curb, gutter, sidewalk, and perhaps paving of the roadway. Currently the Engineering Department is not requiring Hemlock to be improved. It is a dead-end gravel road with few other uses fronting it, so there is a good chance that improvement Hemlock on either side of this site will never be happen. It may not make sense to have a 375 foot piece of improved road along a gravel road that will most likely stay gravel for the foreseeable future. Public Good. Because the gravel road will most likely never be improved on either side of this site, staff does not feel that a pedestrian -oriented street front in this location is necessary, therefore the modification request is not detrimental to the public good. Intent and Purpose of the Land Use Code. One of the general purposes of the Land Use Code [Section 1.2.2 (M)] is to ensure "that development proposals are sensitive to the character of existing neighborhoods." Hemlock is a gravel road that will most likely remain gravel in both directions of this site. A pedestrian -oriented relationship between the applicant's proposed building and Hemlock Street would be inconsistent with the present and foreseeable future character of the neighborhood. Staff therefore finds that the granting of modification request does not impair the intent and purposes of the Land Use Code. Equal To or Better Than Comparison. The public interests and purposes of the build -to line requirements of Section 3.5.3(B)(2) are to provide, where appropriate, minimum design standards in order to form visually continuous, pedestrian -oriented streetfronts. Staff feels that such a pedestrian oriented street front is not appropriate in this location. The CN zoning district primarily consists of properties that are adjacent to North College Avenue. The site is roughly'/4 of a mile west of North College Avenue and separated from the businesses that front onto North College by two sets of railroad tracks. This site is located in a unique portion of the CN zoning district that has a primarily industrial character to it. This part of the CN zoning district is similar in character to what one could expect to find in the I — Industrial zoning district. Commercial uses (as proposed in this project) in the I — Industrial zoning district would not be required to comply with the build -to line standards of section 3.5.3(B)(2). The reasoning behind offering this exception to properties zoned I — Industrial is that pedestrian -oriented relationships between the buildings and the adjacent streets are not necessarily needed when the type of uses conducted within a building and other nearby buildings in the same neighborhood are of a non -pedestrian nature. For the same reasons that this argument makes sense in the I — Industrial zoning district, it also seems to make sense that in this location within the CN — Commercial, North College zone Modification of Standards for Levon's Warehouse/Office Building, File #19-96B June 1, 2000 P&Z Meeting Page 3 (3) the plan as submitted would satisfy one of the following: (a) the purpose of the standard is satisfied equally well or better than a plan that satisfies the standard, or (b) the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan, adopted policy, ordinance or resolution, or (c) strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties or exceptional hardship due to exceptional physical conditions unique to such property. 3. APPLICANT'S REQUEST The applicant has proposed that all 3 of the modification requests meet the requirements of LUC 2.8.2 Modification Review Procedures (H) Step 8 (Standards). Please see the attached written justification by the applicant. 4. ANALYSIS OF MODIFICATION REQUESTS (A) Modification Request #1 - Section 3.5.3(B)(2) Orientation to Build -to Lines for Streetfront Buildings reads as follows: "Build -to lines based on a consistent relationship of buildings to the street sidewalk shall be established by development projects for new buildings .... in order to form visually continuous, pedestrian -oriented street fronts with no vehicle use area between the between the building faces and the street." This section goes on in its subsection (b) to say, "Buildings shall be located no more than 15 feet from the right-of-way of an adjoining street if the street is smaller than a full arterial or has on -street parking." The site has improved street frontage on the north with Hickory Street, and has unimproved (gravel road) street frontage on the south. The property has 203 feet of frontage along Hickory Street and has 375 feet of frontage along Hemlock Street. There is an existing building and existing parking lot on the site already. The existing building is located along the west property line and has an approximate 80 foot deep front yard between the building and Hickory Street. The existing driveway to the parking lot takes Modification of Standards for Levon's Warehouse/Office Building, File #19-96B June 1, 2000 P&Z Meeting Page 2 COMMENTS 1. BACKGROUND The surrounding zoning and land uses are as follows: N: LMN — Hickory Street, Hickory Mobile Home Park, Union Pacific Railroad right-of- way and tracks, CN — existing industrial uses, E: CN - Union Pacific Railroad right-of-way and tracks, vacant land, S: POL — Work Center for Roosevelt National Forest, Salyer Natural Area, W: CN — The city owned Hickory Trail, Rural residential property with horses, Industrial Uses. The property is south of Hickory Street, west of the Union Pacific Railroad right-of-way, north of Hemlock Street, and east of the Hickory trail. For illustrative purposes, the applicant submitted two illustrative site plan options (1) The "Proposed Site Plan" (Exhibit A) depicting the applicants proposed modification requests. (2) The "Allowed Site Plan" (Exhibit B) depicting what the site would look like if it satisfied the code without any modifications. The applicant currently has a Project Development Plan under review for the entire site, called Levon's Warehouse/Office Building Project Development Plan, Current Planning File 19-96A. The uses proposed in the P.D.P. are permitted in the CN — Commercial, North College District. A recommendation will be forwarded to the Hearing Officer as a Project Development Plan, at the appropriate time for final review as outlined in the Land Use Code Section 2.4.2 Project Development Plan Review Procedures. 2. THE MODIFICATION PROCESS (A) Section 2.8.2(H) of the LUC specifies that in order to approve a modification the Planning and Zoning Board must find that: (1) the granting of the modification is not detrimental to the public good, (2) the granting of the modification does not impair the intent and purposes of the Land Use Code. and ITEM NO. 3 MEETING DATE 6 / 1 / 00 STAFF Troy Jones Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Modification of Standards for Levon's Warehouse, File #19-96B OWNER/APPLICANT: Charles Maserlian Fort Collins Truck Sales 700 N. College Ave. Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request to modify three specific sections of the Land Use Code. The proposed building is a speculative office/warehouse building in the CN zoning district. RECOMMENDATION: Staff recommends approval of the modification request to Section 3.5.3(B)(2) of the Land Use Code, and denial of the requests to modify Sections 3.5.3(B)(1) and 3.2.2(C)(5)(a) of the Land Use Code. EXECUTIVE SUMMARY: Modification Request #1 - Section 3.5.3(B)(2) of the Land Use Code requires that a minimum 15 foot build to line is established and that the build -to line is based on a consistent relationship of the building to the street sidewalk in order to form a visually continuous, pedestrian -oriented streetfront. Modification Request #2 - Section 3.5.3(B)(1) of the Land Use Code requires that that the building is to be connected to the street sidewalk by the use of a "connecting walkway." Modification Request #3 - Section 3.2.2(C)(5)(a) of the Land Use Code requires on -site walkways that connect points of pedestrian origin and destination be (1) grade separated and (2) at least 6 feet wide. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO80522-0580 (970) 221-6750 PLANNING DEPARTMENT