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Home My WebLink AboutMILAN P.U.D. - PRELIMINARY / FINAL ..... STAFF REPORT FOR 4/24/95 & 5/8/95 P & Z BOARD HEARINGS - 11-95 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSApril 17, 1995 Mr. Michael Ludwig City Planner City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Dear Mr. Ludwig: As owner of the proposed Milan P.U.D. located at 806 North College Avenue, we are requesting a variance to the requirement that the project must earn at least 50% of the Maximum Applicable Points on point Chart D for Auto -Related uses. The project earns 49% of the applicable points as it is submitted. We feel the requested variance is justified for the following reasons. 1. The use proposed will become a Use By Right when the North College Plan is adopted as it is currently written. The plan is proposed to be adopted in the next few months. 2. The site is an existing parcel of land that is being redeveloped. It is not a part of a planned center and probably never will be since it is completely surrounded by existing businesses owned by separate owners. The site is not two acres and probably never will be. 3. Since the site is surrounded by existing separate businesses which have vehicular and pedestrian access to each other, the immediate area acts like a mixed use center. 4. The owners have provided a shared access to the existing restaurant adjacent to the site on the South. 5. The owners have intensified the proposed landscaping along College Avenue to improved the street scape of the neighborhood. 6. The plan eliminates an existing vacant building. 7. The site as submitted is only 1% short of 50%. If ou have any questions regarding this variance, please call us. 7 Randy Milan De bie Milan 4 AUTO -RELATED AND ROADSIDE COMMERCIAL POINT CHART D For All Criteria Applicable Criteria Only Criterion Is the Criterion Applicable Yes No I II III IV Circle the Correct Score Multiplier Points Earned Ixll Maximum Applicable Points a. Not at Two Arterials X X U2 0 2 4 4 b. Part of Planned Center X X 2 0 3 p 6 c. On Non -Arterial X X 2 0 4 p g d. Two Acres or More X X 2 00 3 0 6 e, Mixed -Use X X 1 2 3 6 f. Joint Parking 0 2 0 3 3 3 g. Energy Conservation X 112 3 10io 2 8 h. Contiguity X X ®2 0 5 14 10 i. Historic Preservation 1 r- 0 2 1. 1 2 0 k 1 2 0 I• 1 2 OF I Totals 25 i5 v vi Percentage Earned of Maximum Applicable Points V/VI = VII vu Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised March 1994 * wiszkW CE Rmoesi� - 70 - Auto -Related and Roadside Commercial (continued) Fthseredlrect direct vehicular and pedestrian access between on -site parking areas and adjacent existing re off -site parking areas which contain more than ten (10) spaces? he activity reduce non-renewable energy usage through the application of alternative energy ms or through energy conservation measures beyond those normally required by the Model y Code as adopted by the City? Refer to Appendix "E" for energy conservation methods to r calculating energy conservation points. project located with at least one -sixth (1/6) of its property boundary contiguous to existing development? site contains a building or place in which a historic event occurred, has special public value because of notable architecture, or is of cultural significance, does the project fulfill the following criteria? 1. Prevent creation of influences adverse to its preservation; 2. Assure that new structures and uses will be in keeping with the character of the building or place. Imitation of period styles should be avoided; and 3. Propose adaptive use of the building or place that will lead to its continuance, conservation, and improvement in an appropriate manner while respecting the integrity of the neighborhood. CA ACTIVITY: Auto -Related and Roadside Commercial DEFINITION: 9 Those retail and wholesale commercial activities which are generally considered and typically found along highways and arterial streets. Uses include free-standing department stores; auction rooms; automobile service stations, repair facilities, car washes; boat, car, trailer, motorcycle showrooms, sales, and repair; fuel and ice sales; greenhouses and nurseries; warehouses and storage; repair or rental of any article; exterminating shops; drive-in restaurants; adult book stores; eating places with adult amusement or entertainment; adult photo studios; adult theaters; any uses intended to provide adult amusement or entertainment; and, other uses which are of the same general character. CRITERIA: Each of the following applicable criteria must be answered "yes" and implemented within the development plan. Ye/ No N/A 1. Does the project gain its primary vehicular access from a street other than r❑ South College Avenue? 2. Are all repair, painting and body work activities, including the storage of ❑ ❑ refuse and vehicle parts, planned to take place within an enclosed structure? 3. If the project contains any uses intended to provide adult amusement or ❑ ❑ entertainment, does it meet the following requirements? a. Is the use established, operated or maintained no less than 500 feet from a residential neighborhood, church, and/or school meeting all of the requirements of the compulsory education laws of the State of Colorado?; b. Is the use established, operated, or maintained no less than one thousand (1,000) feet from another similar use? 4. DOES THE PROJECT EARN AT LEAST FIFTY (50%) PERCENT OF ❑ � THE MAXIMUM POINTS AS CALCULATED ON POINT CHART "B" FOR THE FOLLOWING CRITERIA? a. Is the activity located other than at the intersection of two arterial streets? b. Is the project contiguous to and functionally a part of an existing neighborhood or community/regional shopping center, office, or industrial park? c. Is the primary access to the activity from a non -arterial street? d. Is the project on at least two (2) acres of land? e. Does the project contain two (2) or more significant uses (for instance retail, office, residential, hotel/motel, or recreation)? Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised March 1994 VARI Ate M RF00ESTEI�) - 68 - MILAN PUV P/F lw Activity A: ALL DEVELOPMENT CRITERIA IA1. ALL CRITERIA APPLICABLE CRITERIA ONLY CRITERION Is the criterion Will the criteric applicable? be satisfied? 2 a" Yes No If no, please explain _v a -a a < COMMUNITY -WIDE CRITERIA 1.1 Soiar Orientation I I I I 1.2 Comorehensive Plan 1.3 Wildlife Habitat I h/ 1.4 Mineral Deposit 1..5 1.6 E--clecicaliv Sensitive Areas Lands of Agricultural Imoonance I reserved I renewed I I 1.7 Enerov Conser,,iaticn f 1.8 Air Quality 1.0 Water Quality I I I 1.10 Sewace and Wastes 1 Water onse I 1.12 Residential Density A 2. NEIGHBORHOOD COMPATIBILITY CRITERIAI 2. 1 Venicuiar. Pedestrian. Bike Transoonation I 2.2 Buiiding Placement and Orientatier 2.3 Natural Features I I� I 2.4 Vehicular Circulation and Parking I IV/T 2.5 Ernergency Access _ 2.6 Pedestrian Circulation I I I 2.7 Architecture I VZ .2.8 Buiiding Height and Views 2.9 Shading 2.10 Soiar Access 2.11 Historic Resources j I 2.12 Setbacks 2.13 Lar,dscace VT 2.14 Sicns IVT 2.15 Site Lighting 2.16 Noise and Vibration 2.17 Glare or Heat I i 2.18 Hazardous Materials I I A 3. ENGINEERING CRITERIA 3.1 Utility Capacity 3.2 Design Standards 3.3 Water Hazards 3.4 Geologic Hazards I __ Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised h 1994 - 61 A-9 uS� VA4AT LAB i� ! \ MONO GAKLA WS" I \I I I Am. 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A ALL iamMNYh Yer.N.e.wYs�N,r�.wNWm.V.Imrrr�M1M.n Y�....w+� � � � ' .rrYt11.O GY�M�.6YIr.MWRRt]IAM InIrIaW NRR W EtlYYNXW��NW�rml. r,r,N�NRRWE Yara �I,yr ... aai•� aia.r Q�� IIfgY:ie XRRWt14.mi10e6WAR111MYI;OOMW OlRW1A4NYm1MAYIeymYirNalrl\OM�a��mis Y.,rYwrrlM �yl r,.r om.Y.w� rr� n_ �rw.er ..aar~r.... ,, Fl LF �%? 4% VICINITY MAP 03/06/95 11-95 MILAN PUD Preliminary and Final (Change of Use) Milan PUD - Preliminary and Final, #11-95 April 24, 1995 P & Z Meeting Page 5 2. In accordance with Section K. Variance Procedures, of the LDGS, granting a 1% variance to Criteria 4 of the Auto -Related and Roadside Commercial Uses point chart would neither be detrimental to the public good nor impair the intent and purposes of the Land Development Guidance System; and the plan as submitted is equal to or better than such plan incorporating the provision for which a variance is requested. 3. It meets the applicable All Development Criteria in the LDGS. 4. It is consistent with the North College Avenue Corridor Plan. RECOMMENDATION: Staff recommends approval of the Milan P.U.D., Preliminary/Final, #11-95, including a variance to Criteria 4 of the Auto -Related and Roadside Commercial Uses Point Chart. Milan PUD - Preliminary and Final, #11-95 April 24, 1995 P & Z Meeting Page 4 C. The proposed landscape plan is equal to what will be required by the yet to be adopted North College Avenue Corridor Plan Design Guidelines and Standards and reduces the amount of existing impervious surface area. d. The project will improve pedestrian access and the streetscape along North College Avenue. 3. Design The existing 966 square foot building (most recently used for a pet grooming business) will be remodeled to accommodate the automobile sales office. No structural additions to the existing building are proposed. Two Burr Oak trees will be added along the North College frontage and three Ash trees will be added along the access road serving properties to the east. Shrub beds are being added along North College Avenue and the northwest and south property lines to provide screening of the auto display areas. An existing wooden split rail fence will be removed from the North College frontage and south property line. 4. Transportation: This property will continue to share access with from North College Avenue with the property to the south (formerly Gabby's restaurant) and serves as vehicle re -circulation route for the parking lots behind the properties who have frontage on North College Avenue. Five on -site employee/customer parking spaces are being provided, while only two are required. This project will improve pedestrian access along North College Avenue although a detached sidewalk can not be required by the City at this time. 5. North College Avenue Corridor Plan: Automobile sales uses are not a permitted use in the existing H-B, Highway Business zoning district and, therefore, is being processed as a P.U.D. However, the proposed use is consistent with the newly adopted North College Avenue Corridor Plan and will be designated as a permitted use in the proposed, but yet to be adopted, "re- zoning" district. FINDINGS OF FACT/CONCLUSION: In evaluating the request for the Milan P.U.D., Preliminary/Final, #11-95, staff makes the following findings of fact: 1. It earns 49% of the maximum applicable points on the Auto - Related and Roadside Commercial Uses point chart, one percent less than the 50% minimum requirement of Criteria 4 of that point chart. Milan PUD - Preliminary and Final, #11-95 April 24, 1995 P & Z Meeting Page 3 "The Planning and Zoning Board is empowered to grant variances to the provisions of this section (the LDGS). The decision of the Planning and Zoning Board on any application for a variance shall be set forth in writing in the minutes of the meeting of the Board. Variance requests may be granted if the Board determines that the granting of the variance would neither be detrimental to the public good no impair the intent and purposes of this section and if the applicant demonstrates: (1) That by reason of exceptional topographical, soil or other subsurface conditions or other conditions peculiar to the site, undue hardship would be caused to a subdivider by the strict application of any provisions of this section, or (2) That by reason of exceptional conditions or difficulties with regard to solar orientation or access, undue hardship would be caused to a subdivider by the strict application of any provisions of this section, or (3) That the plan as submitted is equal to or better than such plan incorporating the provision for which a variance is requested, or (4) The granting of a variance from the strict application of any provision would result in a substantial benefit to the City by reason of the fact that the proposed project would help satisfy a defined community need (such as affordable housing or historic preservation) or would alleviate an existing problem (such as traffic congestion or urban blight), and the strict application of such a provision would render the project practically unfeasible." Staff feels that granting a one (1%) percent variance to Criteria 4 of the Auto -Related and Roadside Commercial Uses point chart would neither be detrimental to the public good nor impair the intent and purposes of the Land Development Guidance System; and the plan as submitted is equal to or better than such plan incorporating the provision for which a variance is requested for the following reasons: a. The proposed land use is consistent with the newly adopted North College Avenue Corridor Plan and will be designated as a permitted use in the proposed, but yet to be adopted, "re -zoning" district. b. The applicant is providing 5 on -site customer/employee parking spaces while only required to provide 2 spaces. Milan PUD - Preliminary and Final, #11-95 April 24, 1995 P & Z Meeting Page 2 COMMENTS 1. Background: The surrounding zoning and land uses are as follows: N: H-B; equipment rental (Time Rentals), bowling alley (Monte Carlo Lanes) S: H-B; vacant restaurant (Gabby's) potential use -by -right review for Dimmers Brew Pub or Showtime Video E: H-B, RMP; parking lot, undeveloped W: H-B; undeveloped This property was annexed into the City as part of the North College Annexation in December of 1959 and was zoned "C, Commercial" which allowed auto sales as a permitted use. In 1987, the zoning was changed to "H-B, Highway Business" which does not allow auto sales as a permitted use. 2. Land Use: Auto sales are not a permitted use in the existing H-B, Highway Business zoning district and, therefore, is being processed as a P.U.D. However, the proposed use is consistent with the newly adopted North College Avenue Corridor Plan and will be designated as a permitted use in the proposed, but yet to be adopted, "re- zoning" district. The project earns 49% of the maximum applicable points on the Auto - Related and Roadside Commercial Uses point chart of the LDGS. Points were awarded for: a) being located other than at the intersection of two arterial streets (4 pts); f) sharing joint vehicular access from North College Avenue with an adjacent property (3 pts); g) committing to Method 2 energy conservation measures 1,2,3,5,6,7,14117,24,26,33, and 35 (8 pts); and h) at least 1/6th contiguity to existing urban development (10 pts). This project is one (1%) percent short of the fifty (50%) percent minimum. Variance Request Criteria 4 of the Auto -Related and Roadside Commercial Uses point chart requires that the proposed use obtain at least fifty (50%) percent of the maximum points. Section K, Variance Procedures, of the LDGS states: ITEM NO. 18 MEETING DATE 4/24/95 STAFF Mike Ludwig City of Fort Co11inS PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Milan P.U.D., Preliminary/Final, #11-95 APPLICANT: Stewart and Associates 103 S. Meldrum Fort Collins, CO 80521 OWNER: Randolph S. Milan 2100 Clydesdale Drive Fort Collins, CO 80525 PROJECT DESCRIPTION: This is a request for Preliminary and Final P.U.D. approval for a change of use to allow an automobile sales business on .5034 acres located at 806 N. College Avenue. The existing 966 square foot building (most recently used for a pet grooming business) will be remodeled to accommodate the automobile sales office. No structural additions to the existing building are proposed. The site will accommodate 28 auto display parking spaces and 5 customer/employee parking spaces. RECOMMENDATION: Approval with a variance. EXECUTIVE SUMMARY: The subject property is currently located in the H-B, Highway Business District. Automobile sales uses are not a permitted use in this zoning district and, therefore, is being processed as a P.U.D. However, the proposed use is consistent with the newly adopted North College Avenue Corridor Plan and will be designated as a permitted use in the proposed, but yet to be adopted, "re- zoning district. The project meets the applicable All Development Criteria of the Land Development Guidance System but earns 49% of the maximum applicable points on the Auto -Related and Roadside Commercial Uses point chart of the LDGS. The applicant therefore requests a variance to the 50% minimum requirement. COMMENTS COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT