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HomeMy WebLinkAboutHORSETOOTH EAST BUSINESS PARK, CARRIAGE AUTO SERVICE SHOP - PDP - 43-94I - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTJAN-30-2003 15:31 VAUGHTFRYE/VF RIPLEYTS 970 224 1662 P.04/04 exceptional practical difficulties, or exceptional or undue hardship are not caused by the act or omission of the applicant." The applicant has proposed that the modification of the standard meets the requirements of Sections 2.8.2 (H) (1). (2), and (3) of the LU . Justification The proposed use meets the intent of the "Secondary Use" standard. The site is part of Horsetooth Business Park Master Plan (exhibit --) approved in 1991. Of the ---acres in the Master Plan area, approximately --- acres or --% have been developed. Currently secondary uses occupy — % of the Master Plan area. Unfortunately, the Horsetooth Business Park Master Plan (ODP) has expired under the provisions of Ordinance No. 161, 1996 9the City's transition ordinance between the LDGS and the LUC.) If one looks at the entire E-Employment District in this area (exhibit --), secondary land uses occupy --% of the total developable area. 2. The Carriage Auto Service Shop PDP as proposed fosters the intent of City Plan and its principles and standards by encouraging accessible compact development patterns. 3. The Carriage Auto Service Shop PDP provides an opportunity for employees and neighborhood residents to purchase multiple services in one center close to where they live and/or work, thereby reducing vehicle miles traveled. The granting of this Modification would provide a benefit to both the employment district and the neighborhood In terms of providing additional convenience, reducing trip generation and thereby decreasing pollution. 4. The proposed plan would advance and protect the public's interest equally well or better than a plan that would meet the standard. The site is very limited in size and situated along a major arterial, between Rite -Aid and a convenience store. While these factors make it unattractive for an office development, it is ideally suited for the land use proposed. Limiting this site to primary uses in the E District would pose an undue hardship on the owner of the property, who has relied on the previously approved Master Plan to guide development of this site. The Master Plan clearly allowed,a wider range of land uses including auto -related uses. TOTAL P.04 JAN-30-2003 15:31 VAUGHTFRYE/VF RIPLEYTS (370 224 1662 P.03/04 The LUC requires that no more than 25 per cent of the total gross area of the "development piano be developed with secondary land uses. While the intent of this standard was to limit secondary uses to 25% of an Overall Development Plan, in this case there is no current ODP to refer to. The only legal development plan to refer to is the proposed 32,000 square foot PDP site. Therefore, the proposed secondary use occupies 100% of the site. The request is to allow 100% of Carriage Auto Service Shop Project Development Plan (POP) to be a secondary use. The secondary use being an existing, previously approved, Convenience Shopping Center including a convenience store, fuel sales and car wash. The proposed Carriage Auto Service Shop PDP is essentially an expansion of this Convenience Shopping Center. As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Planning and Zoning Board shall review, consider, and approve, approve with conditions or deny an application for a modification based upon: '... the granting of the modification would neither be detrimental to the public good nor impair the intent and purposes of this Land Use Code; and that: (1) the plan as submitted will 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 a modification is requested; or (2) the granting of a modification from the strict application of any standard would result in a substantial benefit to the city by reason of the fact that 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 (such as, by way of example only, affordable housing or historic preservation) or would substantially alleviate an existing, defined and described problem of city wide concern (such as, by way of example only, traffic congestion or urban blight), and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and JAN-30-2003 15*30 VAUGHTFRYE/VF RIPLEYTS 970 224 1662 P.02/04 and from Elk Drive, a private drive located south of Rite -Aid, the proposed site is readily accessible to potential customers that work in the surrounding employment district. Residential neighborhoods are located further away so there are no dwelling units directly impacted by this auto -related use, but the Carriage Convenience Center is still close by and accessible for people living in the surrounding residential neighborhoods. The Carriage Auto Service Shop will be architecturally compatible with the existing Carriage Wash PUD, matching building materials and utilizing similar architectural details. This small infill site can accommodate this use with generous set backs, attractive landscaping and appropriate pedestrian amenities. This land use in this location exemplifies many of the goals, objectives and intent of City Plan, such as locating convenience services in a "Neighborhood Convenience Center", protecting neighborhoods from auto -related uses that may, seem intrusive, encouraging people to cut down on vehicle miles traveled, and providing attractive settings through landscape and architectural cohesiveness. Despite all of these positives, we are faced with technical Land Use Code conflicts. The conflicts exist primarily because this is a small infill site caught between two development review processes, the old LDGS and the new LUC. In considering the Modification Request outlined below, we believe it is important to consider prior approvals, surrounding land uses, and the small size of the site (32,000 square feet) in order to determine what is an appropriate use for this property. Modification Request - Applicable Code Sections The property is now located in the E-Employment District. This request is for a modification to the "Secondary Uses" requirement as outlined in Division 4.22 Employment District of the Fort Collins Land Use Code. The modification being requested is from section 4.22 (D)(2), Secondary Uses. This regulation reads that: `The following uses shall be considered secondary uses in this zone district and together shall occupy no more that twenty-five (25) percent of the total gross area of the development plan." Convenience Shopping Center is listed as a permitted secondary use in this subsection of the LUC. We believe that the proposed Carriage Auto Service Shop Project Development Plan (PDP) combined with the Carriage Convenience Store and Carriage Car Wash qualifies as a Convenience Shopping Center. While the definition of Convenience Shopping Center excludes auto -related uses, the car wash has already been approved under the LDGS. The proposed Carriage Auto Service Shop PDP would be a similar use that fits within the "character" of this specific Convenience Shopping Center. JAN-30-2003 15:29 VAUGHTFRYE/VF RIPLEYTS 970 224 1662 P.01/04 Post-ir Fax NOW T671 I` 1/ :f>O Idia�e' 4 I January 29, 2003 To ✓ , Co.Mopt. Co. phone x Phone x 56 _ 2 G_ [J Fax N - d LO Fax 9 .) Modification Request Carriage Auto Service Shop Planned Unit Development (Proposed expansion of Carriage Wash PUD) Background Horsetooth Business Park is located south of Horsetooth Road and east of Timberline Road. The 32-acre Business Park was originally approved as a Master Plan under the Land Development Guidance System in 1991. Allowable land uses under the approved Master Plan included Business Service Uses, High -Tech Uses, Bio-Tech Uses, Light Industrial Uses, Greenhouses, Financial Institutions, Shopping Centers, Auto -Related Uses, Retail Shops, Theaters, Health Clubs, Medical Clinics, Professional Offices, Hotels, Restaurants, Multi - Family Dwelling and similar uses. In 1995 Horsetooth East Business Park Preliminary PUD was approved for approximately 10 acres bounded by Horsetooth Road, Timberline Road, Automation Way and Big Horn Drive. The Preliminary PUD permitted retail, office/financial, warehouse/industrial, convenience and restaurant uses on Pads A through G. Since that time the Rite -Aid Drug Store has been constructed at the comer of Horsetooth and Timberline, Little Big Horn Office Building has been developed along Automation Way and Carriage Wash PUD including a car wash, convenience store and fuel sales has been developed along Big Horn Drive. There are only two undeveloped sites on the property. A 32,000 square foot site along Timberline Road just north of the Carriage Convenience Store and approximately ...... acres west of the Rite -Aid site. The applicants, Byron Collins and Mark Tinge, are interested in the 32,000 square foot site. They are proposing to expand the Carriage Wash PUD to include an Auto Service Shop that would provide quick, while you wait, automobile servicing such as emission testing, lube services, tire sales, and a variety of quick maintenance services. The facility would have 5 drive-thru bays, an office, indoor/outdoor waiting areas and parking for employees. There will be no outside storage of materials and vehicles would not remain on the site over night. The Auto Service Shop would be an expansion of the Carriage Wash PUD, providing an opportunity for people that work in the area to obtain multiple services at one location, close to their place of employment thereby reducing vehicle mites traveled. For example, a typical customer might get fuel at the convenience store, pick up a sandwich, have her oil changed, and get her car washed all during her lunch break. We believe this site is an ideal location for this project because it can be integrated with an existing Convenience Center encouraging customers to get multiple services at one location. Accessed through the Carriage Wash PUD site