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HomeMy WebLinkAboutPLATINUM AUTO BROKERS PUD - PRELIMINARY & FINAL ..... 7/25/1994 P & Z BOARD HEARING - 36-94 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSPlatinum Auto Brokers P.U.D. - Preliminary & Final, #36-94 July 25, 1994 P & Z Meeting Page 2 Fo lYiYO- YCE 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. 2. Land Use: This P.U.D. is divided into two distinct businesses. On the north half of the lot, Emmons Automotive will continue to conduct auto service and repair. The P.U.D. does not include any changes or expansions on the north half of the parcel. on the south half, Platinum Auto Brokers is requesting permission for auto sales. As mentioned, auto service and repair is protected as a legal non -conforming use. Auto sales, however, enjoys no such status and is presently operating under a zoning violation. The issue that prompted the P.U.D. application is the addition of auto sales, a land use not allowed in the Highway Business Zone District. The sales facility has been in existence since late 1993. A zoning violation was issued in April of 1994. The owner and applicant have two options: (1) cease operation or (2) receive approval of a P.U.D. Auto sales and service uses are reviewed by the absolute and variable criteria of the Auto Related and Roadside Commercial Point Chart of the L.D.G.S. The request satisfies the absolute criteria: A. The project gains its primary vehicular access from a street other than South College Avenue. ITEM NO. 12 MEETING DATE 7-25-94 STAFF Ted Shepard PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Platinum Auto Brokers Preliminary and 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 Preliminary and 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 (30 cars maximum) 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. The auto sales use is existing 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. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT m services wh e dential area (Code 1972, § Sec. 29-287. 1 The uses pe follows: (1) Any use sity Res ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29-302 still protecting surround' g resi- comply with the landscape requirements set forth in § 29-304: 18-60) es permitted. 'tted in the BP 3e itted in thelR-:/ (2) Any land us Development approved acc (Code 1972, § 118-6 Sec. 29-288. Bulk The minimum a a of 1ts, minimum fr t yard and minimum s' a yard re District shall b the same Na. Medium De ' y Residential (Code 1972, 118-60(B)) Sec. 29-209. Planned Unit are as Medium Den - on a Planned Unit Mined, processed and § 29-526. a requirements. s, minimum width of minimum rear yard irements in the B-P necified for the R-M ment of areas in the r� tan Development pla and approved according the requirements of this S 1972, § 118-60(C)) ' District as a s defined, pro- § 29-526 may ivision. (1) Any use permitted in the R-M Medium Den- sity Residential District. (2) Printing and copying services whose busi- ness consists primarily of serving retail cus- tomers. (3) Banks, savings and loan and finance com- panies. (4) Standard and fast food restaurants. (5) Indoor theaters. (6) Membership clubs. (7) Offices and clinics. (8) Personal service shops. (9) Retail stores. (10) Laundry and dry-cleaning retail outlets. (11) Limited indoor recreation uses, provided that all such activities are conducted en- tirely within an enclosed structure. (12) Small animal veterinary clinics. (13) (14) (15) Secs. 29.290-29.300. Reserved. (16) Subdivision. O. B-L Limited Business District' j Sec. 29.301. Purpose. (17) The B-L Limited Business District designation is for areas for neighborhood convenience centers. (Code 1972, § 118-61) Sec. 29-302. Permitted uses. The following uses shall be permitted in the B-L District, provided that any use shall be sepa- rated from abutting residential zoning districts by a solid fence or wall at least six (6) feet in height, and further provided that any use shall 'Cross reference —Sign regulations, § 29.693. Supp. No. 17 2007 Aquarium shops. Public utility installations, excluding re- pair and storage facilities. Accessory buildings and uses. Churches provided that such uses comply with the lot area, front yard, rear yard, side yard and offstreet parking minimum re- quirements as set forth in § 29-201 et seq. Shopping centers consisting of any of the above uses, subject to being shown on a Planned Unit Development plan as defined, processed and approved according to § 29- 526. (18) Child care centers. (19) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526. (Code 1972, § 118-61(A); Ord. No. 110, 1991, § 3, 10-1-91; Ord. No. 117, 1991, § 8, 11-5-91) 0C r § 29-176 FORT COLLINS CODE Subdivision H. R-M Medium Density Residential (9) Group homes. District* Sec.29-176. Purpose. The R-M Medium Density Residential District is for areas containing both low density and medium density residential uses. (Code 1972, § 118-43) Sec. 29-177. Uses permitted. The uses permitted in the R-M District are as follows: (1) Single-family dwellings. (2) Two-family dwellings. (3) Multifamily dwellings. (4) Public and private schools for elementary and high school education. (5) Churches and uses providing meeting places and places for public assembly with inciden- tal office space. (6) Public and nonprofit quasi -public recre- ational uses as a principal use. (7) Essential public utility and public service in- stallations and facilities for the protection and welfare of the surrounding area, pro- vided that business offices and repair and storage facilities are not included. (8) Child-care centers, provided that no child- care center shall be permitted to be located in this zoning district on property which is within one thousand five hundred (1,500) feet of any existing child-care center within the city. For the purpose of this provision, the distance between an existing child-care center and property on which a child-care center is proposed to be built shall be mea- sured in a straight line from the closest point on the boundary line of the property on which the existing child-care center is lo- cated to the closest point on the boundary of the property on which the proposed child- care center is to be located. *Cross reference —Sign regulations, § 29-591. (10) Accessory buildings and uses. (11) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Code 1972, § 118-43(A)) Sea 29- 78. Bulk and area requir ents. The requirements in the R-M strict are as follows: (1) Minim m lot area shall be a equivalent of two (2) times the total r area of the building, ut not less tha the following: six thousand 6,000) sq feet for a single- family d Ring, two- ly dwelling or group hom and ni a thousand (9,000) square feet f all oth principal uses. 4, (2) Minimum lot d shall be sixty (60) feet for asingle-f ly or two-family dwelling, seventy-five (7A). feet for a multifamily dwelling or chin's center and one hun- dred (100) feet he uses set forth in § 29- 177(4), (5) and (3) Minimum fro yari�depth shall be fifteen (15) feet. (4) Minimum �r yard �pth shall be fifteen (15) feet. I (5) For singl family or t -family dwellings, the mini m side yard all be fifteen (15) feet on street side of y corner lot and five (5) f t on all interior ide yards. For all other the minimum ide yard width shall the equivalent of ne (1) foot for each ree (3) feet or fra on thereof of boil g height. All resident uses, except sin -family and two-familykh ngs shall req re a side yard on the stde of any co er lot of not less than (15) feet a on all interior sides of nthan five ( feet. For school or churcno side y rd shall be less than twen(25) feet 972, § 118-43(B)—(F); Ord. No. I, 1988, § Supp. No. 27 2000 ZONING, ANNEXATION AND DEVELOPMENT OF (3) Any use permitted in the B-L Limited Busi- ness District, not located in a shopping cen- ter, subject to the following requirements: a. The yard and parking requirements of the B-L Limited Business District shall be applicable. b. The landscape requirements of the B-L Limited Business District shall be appli- cable. (4) Accessory buildings and uses. (5) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526. (Code 1972, § 118-62(A)) Sec. 29-323. Bulk and area requirements. The minimum lot area in the H-B District shall be the equivalent of one-half (V 2) of the total floor area of the building. The minimum lot width shall be seventy-five (75) feet. The minimum yard depth shall be fifteen (15) feet from streets and alleys. (Code 1972, § 118-62(B)—(D)) Sec. 29-324. Planned Unit Developments. Development of areas in the H-B District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526 may vary the requirements of this Subdivision. (Code 1972, § 118-62(E)) Secs. 29-325-29-335. Reserved. Subdivision P.1. Sec. 29-336. The B-G General is for downtown bu (Code 1972, § 118-6 *Cross re Supp. No. 17 Business District` District designation 29-593. 2009 § 29-337 Sec. 29-337. Uses ermitted. The general busine s uses permitte in the B-G District, include but ar not limited to, e following: (1) Automobile rep ir, conducte inside of a building. (2) Banks, savings a loan a finance com- panies. (3) Churches. (4) Heliports. (5) Hotels and motels. (6) Indoor theaters. (7) Membership clubs. (8) Multifamily dwelli gs. (9) Offices and clinics (10) Parking lots and arkin garages. (11) Parks and play unds. (12) Personal servic shops. (13) Printing and n wspaper o ices. (14) Recreation us s. (15) Standard an fast food res urants; bars. (16) Retail store (17) Public util' y installations, xcluding re- pair and st rage facilities. (18) Laundry d dry-cleaning re '1 outlets. (19) Public an private vocational d technical schools. (20) Shoppin centers consisting o any of the above es, subject to being own on a Planne Unit Development pl as defined process d and approved accor g to § 29- 526. (21) Frate ity and sorority houses. (22) Full- ne pet shops not containin facilities for arding animals. (23) S 1 animal veterinary clinics. (24) G up homes. § 29.303 / FORT COLLINS CODE Sec. 2" Bulk and area re 'rements. The mini um lot area in the -L District shall be two (2) t1 es the total floor ea of the build- ing. Minimu lot width shall seventy-five (75) feet. Minim yard depth s 11 be twenty (20) feet from an ley or zoning trict line. (Code 1972, § 18-61(B)—(D) Ord. No. 3, 1988, § 7, 1-19-88) Sec. 29.304. L dscape equirements. (a) Any use i the B- District shall require that a landsca plan omplying with § 29- 526(g)(4)(O shall sub tted to and approved by the Director of P ni The Director of Plan- ning shall take a ion o approve or disapprove any such plan util in Criteria 42, 43, and 44 of § 29-526(d), Acti i A, "All Development Criteria," within fo een (14) days after the plan is submitted to the rector of Planning. Appeals from the decision of a Director of Planning may be taken by any p in interest to the Planning and Zoning Board y he filing of a notice of ap- peal with the Dire to of Planning in accordance with rules and pr ed res.established in §§ 2-48 and 2-49 of the C de. the event of such an ap- peal, the Planni g an Zoning Board shall con- duct a new he ng o the Plan, and. after the hearing, the Pl shall ither be approved, disap- proved, or appr ed wit conditions. Any party in interest may f rther ap eal the decision of the Planning and oning Bo d to the City Council by the filing a notice appeal with the City Clerk in accor ance with t provisions of Chapter 2, Article II, ivision 3 of he Code. (b) No oc panty permit for any development in the B-L D trio shall be sued unless all land- scaping in t e development as been installed in accordance th n approv landscape plan for such devel mena If such 1 scape installation has not beefcompleted, an oc ancy permit may be issued on receipt by the ancial Officer of a cash de sit, landscape bond, tter of credit or other sati actory guarantee in amount equal to the est ated cost of the lands ping improve- ments to a installed. The. amoun of such guar- antee sh 1 be sufficient to cover t cost of the installa on of all landscaping which 's shown on the app oved landscape plan and wh h has not Supp. N 17 yet been inst led. In the a ence of an executed contract to ins 1 such land ping, landscape cost estimates shall a dete ed by a city approved appraisal. Theytrequired t, bond, letter -of credit or other guarana released upon certifi- cation by the rmits and Inspections Administrator landscape instal- lation has been(Code 1972, § 1rd. No. 110, 1991, § 4, 10-1-91) Sec. 2/quire'lme a= Devef are Plannevelopr. cessed oved a� vary thnts (Code 18-61(F) Unit Developments. in the B-LDistrict as a nt plan as defined, pro- rding to § 29-526 may )f his Subdivision. Secs. 29.306-29-320. Reserved. Sec. 29-321. Purpose. The H-B Highway Business District is for auto- mobile -oriented businesses. (Code 1972, § 118-62) Sec. 29-322. Uses permitted. The following uses shall be permitted in the H-B District,. provided that any use permitted in this district shall be separated from abutting res- idential zoning districts by a fence or a hedge at least six (6) feet in height which effectively screens the view on a year-round basis, and all uses shall provide adequate fencing to control blowing debris: (1) Any uses permitted in the R-M Medium Density Residential District, provided that any such use complies with all of the use requirements of such district, except that the minimum area of lot provision of this district shall be applicable. (2) Public utility installations, excluding repair and storage facilities. *Cross reference —Sign regulations, § 29-593. 20 fLi4TrA)1iM .141JT/O A deOLE.eS P/F' '40 ti_ n 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 i?; 0 2 L4 4 b. Part of Planned Center X 2 0 3 6 c. On Non -Arterial X 2 4 Q 8 d. Two Acres or More © X 2 00 3 6 e. Mixed -Use X 2 3 Q 6 f. Joint Parking 1 2 0 3 g. Energy Conservation 1 2 3 4 0 2, 8 h. Contiguity X X 9 0 5 (� 10 i. Historic Preservation 1 2 0 2 1 1 2 0 k. 1 2 0 l 1 2 0 Totals I L% y v vi Percentage Earned of Maximum Applicable Points V/VI = VII a °/o vu Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised March 1994 -70- Auto -Related and Roadside Commercial (continued) f. Is there direct vehicular and pedestrian access between on -site parking areas and adjacent existing or future off -site parking areas which contain more than ten (10) spaces? g. Does the activity reduce non-renewable energy usage through the application of alternative energy systems or through energy conservation measures beyond those normally required by the Model Energy Code as adopted by the City? Refer to Appendix "E" for energy conservation methods to use for calculating energy conservation points. h. Is the project located with at least one -sixth (1/6) of its property boundary contiguous to existing urban development? i. If the 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 I 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. Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised March 1994 -69- &gTlIVUM #U70 .6R4KFRs PlP' / (/. o ACTIVITY; Auto -Related and Roadside Commercial DEFINITION; 19 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. Yne No N/A 1. Does the project gain its primary vehicular access from a street other than ❑ 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 am PL Ar( Al Uri RC/TV 9!20,l Per O 6" 0. Activity A: ALL DEVELOPMENT CRITERIA ALL CRITERIA APPLICABLE CRITERIA ONLY CRITERION Is the criterion applicable? Will the criterion be satisfied? If no, please explain r A s a z Yes No Al. COMMUNITY -WIDE CRITERIA 1.1 Solar Orientation 1.2 Comprehensive Plan 1.3 Wildlife Habitat 1.4 Mineral Deposit 1.5 Ecologically Sensitive Areas reserved reserved 1.6 Lands of Agricultural Importance 1.7 Energy Conservation 1.8 Air Quality 1.9 Water Quality 1.10 Sewage and Wastes A2. NEIGHBORHOOD COMPATIBILITY CRITERIA 2.1 Vehicular, Pedestrian, Bike Transportation 2.2 Building Placement and Orientation 2.3 Natural Features 2.4 Vehicular Circulation and Parkin 2.5 Emergency Access 2.6 Pedestrian Circulation 2.7 Architecture 2.8 Building Height and Views 2.9 Shading 2.10 Solar Access 2.11 Historic Resources 2.12 Setbacks 2.13 Landscape 2.14 Signs Peo U,7-rN6 f)bN TD 4C LSWEIEO 2.15 Site Lighting ✓ 2.16 Noise and Vibration 2.17 Glare or Heat 2.18 Hazardous Materials A3. ENGINEERING CRITERIA 3.1 Utility Capacity 3.2 Design Standards 3.3 Water Hazards 3.4 Geologic Hazards y. 0 � N Q � X z Lu F � 5m a EXISTING "MODULAR STRUCTURE" I - 7s Flo RIGHT OF WAY SCALE 1" = 20' LEGEND ; -�im 1 U VIC]NiTI MAP W - mowErw.wa �.x.c raDRmrt.wRlR®rmYm.rER � a �v..as Leo rvr vEea vnaErwrmrt wr'.Re u�iewuwuxm\a .v..wxwu\.mr.umwr. es x\C .\[. Dl.s. • 0e r•• �• • •rt ...ram... .. .,.\..... wr.... w„ _ r .r or«I•..aru... ....... r. . IV tscore - L •\ \ 1` �DVr.. Rona e¢ caEaR\wE ERe .N`wxu` 'rEPwR"'w e.w x°NuR 11P" "'.;o� L.....r,•..r..... MG�WMLNe LC ew JLfAY TERAL VrtP nori i .0 PxiurtxnlMu. ipl swWTl . rawurorrEuwmerwrzneonweowuwo ne LEOEMO a ma.oeEo wxuv a Eagnra RwR p RRorouo LREEai •' EIIgLU1G ]MRUBS 1845 N. COLLEGE FT COLLINS SITE PLAN REVIEW GARY FARKAS / OWNER SITE PLAN FINAL PUD 4 { SITE F� � WILLOX LANEFA _ v ■ City Limits ru " W 011��111 II uj • W ©� so RIM ITEM: PLATINUM AUTO BROKERS PUD - P/F North NUMBER: 36-94 Platinum Auto Brokers P.U.D. - Preliminary & Final, #36-94 July 25, 1994 P & Z Meeting Page 6 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. 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 Preliminary and Final P.U.D., #36-94. Platinum Auto Brokers P.U.D. - Preliminary & Final, #36-94 July 25, 1994 P & Z Meeting Page 5 gallon evergreen shrubs. These materials would be placed along the College Avenue frontage and along the south property line, in front of the display vehicles. Staff believes that the additional plant material is an aesthetic upgrade that is commensurate with the impact of the new proposed use. Given the size and present condition of the site, the additional plant material will improve the site, help buffer the display vehicles, and enhance the streetscape along North College Avenue. 5. Transportation: 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 College 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. Auto sales and service is an appropriate land use on North College Avenue and on a shared lot with auto service. B. 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. C. The P.U.D. buffers the display vehicles and improves the North College Avenue streetscape by the additional plant materials. D. Granting the variance would neither be detrimental to the public good nor impair the intent and purposes of the L.D.G.S. Platinum Auto Brokers P.U.D July 25, 1994 P & Z Meeting Page 4 - Preliminary & Final, #36-94 Chevrolet, and Ed Carroll Mitsubishi. There has been one recent approval on North College Avenue: Fort Collins Truck Sales at College Avenue and Vine Drive. Other North College auto dealers, Red Smith (1800 North) and Spights (935 North), are grandfathered in as legal, non -conforming uses. Auto sales are not permitted uses in all but four zoning districts. These four districts are C-L, Limited Commercial; C, Commercial; I- L, Limited Industrial; and I-P, Industrial Park. College Avenue is zoned H-B, Highway Business, from the Poudre River north and from Prospect Road south. Auto dealerships and car sales are appropriate along College Avenue in that shopping for a car is not considered a daily or weekly trip. It has long been held that retail uses on College Avenue should be encouraged to provide for apparel, home furnishings, durable goods, and other big -ticket items. It is considered appropriate to make a trip to College Avenue to shop for these aforementioned goods. Conversely, it is considered inappropriate to make a trip to College Avenue for groceries or convenience items. Staff believes that a present plans and policies encourage auto sales to locate on College Avenue. B. Design Prior to adoption of the H-B Zone in 1977, auto sales and service uses were allowed on College Avenue. (For example, Drake Road was paved west of College Avenue by the City for Ghent Motors in exchange for annexation.) One of the primary reasons for removing these as uses -by -right was not to steer these uses away from College Avenue but, rather, to upgrade the design and character of a land use that, historically, has been difficult to make attractive. It was anticipated this would be accomplished through the P.U.D. process. Historic examples abound in practically every community where "automobile row" presents a challenge to the notion of aesthetic urban design. (South Broadway in Denver and Englewood and West Colfax in Denver and Lakewood are prime examples.) Since the adoption of the H-B Zone, the L.D.G.S. has been successful in meeting the retail needs of the industry while upgrading their appearance for the benefit community. Platinum P.U.D. is small operation. The display lot will occupy one-half of an existing (legal, non -conforming) auto service use. There is storage for about 30 display vehicles maximum. In order to upgrade the appearance of the site, the P.U.D. would add five, two-inch caliper deciduous shade trees, and 10, five- Platinum Auto Brokers P.U.D. - Preliminary & Final, #36-94 July 25, 1994 P & Z Meeting Page 3 B. All repair, painting, and body work activities, including the storage of refuse and vehicle parts, are planned to take place within an enclosed structure. On the variable criteria, the request scores only 29% which does not meet the required minimum score of 50%. Points were awarded for meeting the following variable criteria: Criterion a: The activity is located other than at the intersection of two arterial streets. Criterion h: The project has one -sixth of its property boundary contiguous to existing urban development. Since the P.U.D. does not meet the required minimum score, a variance must be granted by the Planning and Zoning Board to allow the proposed additional use of auto sales. 3. Variance Request: The Planning and Zoning Board is empowered to grant variances to the provisions of the L.D.G.S. (page 108). In this particular instance, a variance request may be granted if the Board determines that: A. The granting of the variance would neither be detrimental to the public good nor impair the intent and purpose of this L.D.G.S. B. Variances may also be granted if the Board determines that the strict application of the L.D.G.S. would render the project practically unfeasible. 4. Consideration of the Variance Request: In evaluating the request for a variance to allow auto sales on 1845 North College Avenue, Staff looked at two factors, land use and site design. A. Land Use In terms of land usage, auto sales is not a use that is generally discouraged from locating on either South or North College Avenue. Recent auto dealerships approved as new or expanded P.U.D. Is on South College include Pedersen's Toyota -Volvo -Saab, Foothills Auto Plaza, Saturn of Fort Collins, Markley Motors, Dellenbach