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