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Home My WebLink AboutPLATINUM AUTO BROKERS PUD - FINAL ..... 8/22/1994 P & Z BOARD HEARING - 36-94 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSy o fi i a� F 30, �m EXISTING MODULAR STRUCTURE" z9 � n.mcrnoc Tn o, c NEW g O¢a G A1. P£x }1q�KBELLY EMMONS AUTOMOTIVE PLATINUM AUTO BROKERS NEW � a LAMPLIGHTER MOTEL � NE�1V5`�b 6 K''D ��pS SN L Z.Q--_. pfiMT OF NMY _ � It crti I PE-L kACKOERtiY LEGEND O PROPOSED SHRUBSc PROPOSED TREES 2. ALWER DEcmOUS SHADE EXISTING SF 1845 No CO PT r-ni [1] Must be for the use and enjoyment of the residents of the project and/or surrounding neighborhood. [2] Must be approved by the City. (d) No final plan shall be approved for any portion of a planned unit development, approved with a residential density bonus for providing neighborhood public facilities until the necessary legal documents have been submitted and approved. K. Variance Procedures The Planning and Zoning Board is empowered to grant variances to the provisions of this section. 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 nor 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) That 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. L. Enforcement of the Requirements and Conditions of PUD Approval. The occurrence of either of the following events may subject the applicant to the enforcement remedies contained in Sections 29-4 through 29-9 of the Code: (1) Failure to comply with any terms, conditions, or limitations contained on the site plan, landscape plan, building elevations or other approved documents pertaining to a planned unit development which has received final approval from the City. (2) Failure to comply with any conditions of record imposed by the Planning and Zoning Board upon its review of the overall development plan or preliminary or final plans for the planned unit development under the provisions of this section. Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised March 1994 -108- ITEM: PLATINUM AUTO BROKERS PUD - P/F40 North NUMBER: 36-94 Platinum Auto Brokers P.U.D. - Final, #36-94 August 22, 1994 P & Z Meeting Page 5 RECOMMENDATION: Based upon consideration of the aforementioned findings of fact, Staff recommends the two following actions: 1. Granting a variance from the requirement of achieving a minimum of 50% on the Auto Related and Roadside Commercial Point Chart of the L.D.G.S. 2. Approval of Platinum Auto Brokers Final P.U.D., #36-94. Platinum Auto Brokers August 22, 1994 P & Z Page 4 5. Transportation: P.U.D. - Final, #36-94 Meeting The addition of auto sales on this parcel, featuring a maximum of 30 display vehicles and two employees, does not have an impact on North College Avenue. The P.U.D., therefore, is feasible from a traffic engineering standpoint. 6. North Collette Avenue Corridor Plan The site is located within the study area for the pending North College Avenue Corridor Plan. The request is considered positive in that it contributes to the general level of business activity and promotes economic development in the corridor. The P.U.D. has been reviewed by the Advanced Planning Division and found acceptable. 7. Findings of Fact/Conclusions: In evaluating the request for the variance request for Platinum Auto Sales, Staff makes the following findings of fact: A. The P.U.D. has been revised so that the landscaping along College Avenue is upgraded. B. Auto sales and service is an appropriate land use on North College Avenue and on a shared lot with auto service. C. While auto sales are not a permitted use in the H-B Zone District, they are an historical use on both North and South College Avenue. D. Granting the variance would neither be detrimental to the public good nor impair the intent and purposes of the L.D.G.S. E. The strict application of requiring a minimum score of 50% on the Auto Related and Roadside Commercial Point Chart of the L.D.G.S. would render the project practically unfeasible. F. City plans and policies encourage the location of automobile sales on College Avenue. Platinum Auto Brokers August 22, 1994 P & Z Page 3 P.U.D. - Final, #36-94 Meeting beds, which may be defined by use of railroad ties or pressure treated lumber. Each new landscape shrub bed should contain one street tree. 3. Revised Landscape Plan: As a result of the condition of approval, the applicant has revised the landscape plan. There are now two shrub beds at each curb cut. Each shrub bed measures 8' x 4' (32 square feet) and contains one, two-inch caliper Hackberry tree. In addition, each shrub bed contains four tami junipers which should cover the area at maturity. The existing shrub bed, in the area of the existing pole sign, has been cleaned, pruned, and will be upgraded with four additional tami junipers. Staff believes that revised landscape plan satisfies the condition of approval. The additional plant material is more focused toward North College Avenue and is commensurate with the impact of the additional land use on the property. 4. Condition of Approval - variance Request: It will be recalled from Preliminary that the P.U.D. request achieved a score of 29% on the Auto Related and Roadside Commercial Point Chart of the L.D.G.S. This score is below the minimum requirement of 50%. At Preliminary, the applicant requested a variance from this requirement. The Board granted the variance on a conditional basis subject to revising the landscape plan accordingly. Staff recommends the variance be granted based on the revised landscape plan. The L.D.G.S. allows the P & Z Board to grant variances if the Board determines: A. "That the granting of the variance would neither be detrimental to the public good nor impair the intent and purposes of the L.D.G.S., and B. That 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 provision would render the project practically unfeasible." Platinum Auto Brokers P.U.D. - Final, #36-94 August 22, 1994 P & Z Meeting Page 2 COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: H-B; Vacant S: H-B; Lamplighter Motel E: H-B; Vacant W: H-B; Vacant W: I-L; Mixed Industrial The P.U.D. is located on a lot platted as the Hall Addition, First Filing, a one -lot subdivision approved in 1969. Between 1969 and 1977, prior to the adoption of the H-B Zone, Roy Hall operated a Texaco Service Station which became known as Rulon's Texaco. After the rezoning of North College Avenue into the H-B Zone in 1977, Rulon's Texaco became a legal, non -conforming use. Emmon's Automotive is presently operating under the same non- conforming use status as a continuation of Rulon's Texaco. Platinum Auto Brokers P.U.D. includes Emmons Automotive with minor landscape additions to the Emmons portion of the property. If the P.U.D. is granted, Emmons Automotive moves from being a legal non- conforming use to a use authorized by a planned unit development. The south half of the property is devoted to Platinum Auto Brokers. Since this use is not permitted in the H-B, Highway Business Zone, the operation is presently under a zoning violation, issued in April of 1994. The owner and applicant have two options, (1) cease operation or (2) receive approval of a P.U.D. 2. Action of Planning and Zoning Board - July 25. 1994: At the July 25, 1994 meeting of the P & Z Board, the Board voted to approve Platinum Auto Brokers P.U.D. on a Preliminary basis subject to the following condition: The approval of the Preliminary P.U.D., including the variance to the minimum point score of the Auto Related and Roadside Commercial Point Chart of the L.D.G.S., is conditioned upon improving the landscaping along the front of the property. This enhancement shall include two additional shrub beds placed at each curb cut on College Avenue and moving the proposed trees to College Avenue rather than along the south property line. Trees are not expected to be planted in front of the free-standing pole sign. It is expected that shrubs will be planted in sufficient quantity to cover the shrub ITEM NO. 13 MEETING DATE 8122194 City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Platinum Auto Brokers, 1845 North College Avenue, Final P.U.D., #36-94 APPLICANT: Mr. Gary Farkas P.O. Box 1323 135 S.E. 12th Street Loveland, CO 80539 OWNER: Roy Hall 1512 County Road 56E Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request for Final P.U.D. for auto sales and service on .80 acre located at 1845 North College Avenue. The site is zoned H-B, Highway Business. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The request to add auto sales to an existing auto service use requires a variance from the strict criteria of the Auto Related and Roadside Commercial Point Chart. With a score of 29%, the request does not meet the required minimum of 50%. A variance to allow auto sales is recommended based on land use and design considerations. Auto sales is an existing use and is operating under a citation for not being a permitted use in the H-B, Highway Business Zone District. The request is in compliance with the pending North College Avenue Corridor Plan. Traffic impact is minimal and requires no mitigation measures. At Preliminary, the Board granted conditional approval on both the variance request and the Preliminary P.U.D. subject to upgrading the landscape plan to improve the College Avenue streetscape. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT