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HomeMy WebLinkAboutHARMONY SAFEWAY MARKETPLACE, LOT 6, FUEL FACILITY - PDP - 33-94F - CORRESPONDENCE - APPEAL TO CITY COUNCIL (3)No Text transact other business. This is not a convenient stop for east -bound Harmony Road traffic since the route in and out is so circuitous. A large portion of business is expected to be from existing Safeway customers who may now also enjoy the convenience of fueling their vehicle along with their food -shopping trip. The impact of this facility on your community is very minimal. The Safeway and other buildings between your community and this pad site buffer visual and sound impacts. Traffic impacts are also minimal. To conclude, I am anxious to arrange the opportunity to review this proposal with your community and look forward to a neighborhood meeting. Please call me if you have any questions. Gfflipway Romero & Associates David H. Moore Project Supervisor CC: Ted Shepherd, City of Fort Collins John Scales, Peggy Friesen, Galloway Romero & Associates Y / ] 3% /i �i � 4 ♦ �—a> jam/ ' wr� � HATtuONY R�AD b TRASH ENCLOSURE i I LOT ] CWYr Xa 12 9 PU . TM. sax ➢v.. a ] sr ru Yarn. ear i ]xo sauM races. csar,o saw]N: y]mw u.osm a Y Y Mll I,R M rtST ,w nss eras rc L4MMfK] IIfH YLWC 6 ]] Y' V. M.,sriw]vray IS na +sow. suo m ., sJc swM aus rs . prD s/yDrronl rOrN 1PlME ]atrXj pr yy yCµ{ q yR w. NII []CND M] r0,.v W0.[➢ SKN Nam nc sawn rrs] a ,s=rworn ,nsU1 s]Jwrrt rare. UTIUTY LEGEND • - � Fw fi0 a ]JMaa m. 0 a.o r,e wm PHASE I SCHEDULE p, .• w.r.. u�vJ p n+. v+r pw vJ O� O� p. r.orA Y®uo� ©]sue 0� a- •m prma r.w.wo ®rr e.wo O.rma e. O�mm.a pea `mom,.] O rr.vr w ®era pry ®v+a ®m.. y.....vM.e Ors ®� e Om O• Om. Oe O]e.ew......D Od O•a w PHASE 11 SCHEDULE ©eo rr. r.w au. YJ Oer Oer r prer.,r I w e wq p ,.J ©]4 pea FONT COLLINS, F COLORADO IG tY ollui�rt . , nr ,1 �' ` _. tit ` '� ,+%jam' i t ^+ •'"'a� . s !lam,► �- _ ' - _ � I, rn ,wy�T�.`*a,4�^7,.,'�.�r�.-.ems -C_�' "'�" '. -n:.a ,r►: F a9L 15 1 Subsequent to that, we have a letter from a Mrs. 2vA 2 Sullivan at iris Court expressing a number of issues. And 3 I provided back to her a letter with explanations relative 4 to her concerns. Unfortunately, that letter did not get 5 into your packets, and also subsequent just last week we 6 had second letter from Mrs. Sullivan saying that they're 7 basically okay with what they saw at the meeting we had in 8 December. 9 With your permission, ILd like to add this into 10 the record and I have copies for everyone, if you'd like 11 to. 12 MR. GAVALDON: Thank you. You can get it to 13 Georgeanna and she can get them to us. >" 14 MR. SHEPARD: No, I missed the packet deadline 15 by about ten days (INAUDIBLE). 16 MR. GAVALDON: We have something from Elizabeth 17 P. Sullivan. Yes, we've got one. Okay. We already have 18 that. Thank you. 19 MR. MOORE: Do you also have my letter of 20 November 1st where I answered Mrs. Sullivan's first 21 letter? 22 MR. GAVALDON: November 1st. 23 MR. MOORE: In any case, in our view, in 24 meeting with these neighbors, we felt that there are no 25 really strong neighbor concerns about what we are Harmony Safeway Marketplace, Pad 6, Fuel Facility, P.D.P. — Appeal to City Council March 12, 2001 Page 8 development. The regulation of the location of flush wall signs, like landscaping, setbacks, height, architecture, etc., is a subset of a group of standards that, acting in concert, ultimately determine what our city looks like. The Board found that the criteria for determining appropriateness of the location of flush wall signage in the Residential Neighborhood Sign District is found in Section 3.5.3(A)(D), "Character and Image," which regulates mixed -use, institutional and commercial buildings. The Board considered the placement of flush wall signs vis-a-vis the size and scale of the convenience store. The Board considered the placement of flush wall signage vis-a-vis the other three pad sites along Harmony Road within the neighborhood center. (A comparison of the relationship between building/signage proportionality between the proposed convenience store with the three existing pad buildings along Harmony Road is provided on page eight of the attached Staff Report.) The Board considered the impact on the neighborhood, just as the policy statements enacting the Residential Neighborhood Sign District intended. CONCLUSION: In conclusion, the Board evaluated the cumulative impacts of a commercial development proposal within the overall context of a pad site within a neighborhood service center. The Board found that there is a relationship between the location of flush wall signage in the Residential Neighborhood Sign District and a commercial building's character and image. Further, the Board found that the location of flush wall signs on the south and west elevations does not meet the policies behind Neighborhood Convenience Shopping Center — Design Guidelines, Policies and Criteria (1988), the Residential Neighborhood Sign District (1993), and the Harmony Corridor Plan (1994) as enunciated by standards 3.5.3(A), 3.5.3(D)(1) and 3.8.7(E) of the Land Use Code. Therefore, the Board did not fail to properly interpret and apply relevant provisions of the Code and Charter. Attachments include the verbatim transcript of the hearing (beginning on page 6) and the Staff Report (pages 6-9). Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., 33-94F January 18, 2001 P & Z Meeting Page 3 On April 22, 1996, the Harmony Safeway Marketplace Preliminary P.U.D. was adopted. This P.U.D. complied with the new restrictions on commercial development in the Harmony Corridor and allowed for a 48,000 square foot Safeway grocery store and seven other developable lots. Of the total eight lots, there are four approved pad sites along Harmony Road. On December 7, 1996, the Final P.U.D. for Lots 1, 2 and 3 (Safeway, Long's Drugs and multi -tenant retail) was approved. Since then, three pad sites have developed. These are: Lot 4 — Centennial Bank Lot 5 — Multi -tenant Retail (Blockbuster Video) Lot 7 — Village Inn Lot 8 remains vacant and will also be subject to the Land Use Code upon submittal. All development in the center thus far has been developed under the Land Development Guidance System. Lot 6 is being processed under the Land Use Code due to expiration of the time validity allowed by the various transition ordinances. Lot 8 (west of Safeway) remains vacant and will also be subject to the Land Use Code upon submittal. 2. Compliance with Harmony Corridor Zone District: A. Land Use Harmony Safeway shopping center is classified as a "Neighborhood Service Center" by the Harmony Corridor Plan. In the hierarchy of commercial centers, this type of center is larger than a convenience center and smaller than a community center. According to the Harmony Corridor Standards and Guidelines, a "gasoline service station" is a permitted use within a Neighborhood Service Center. B. Standards — Neighborhood Service Center The Harmony Corridor Standards and Guidelines are adopted into the. Harmony Corridor Zone District by reference. The applicable standards are discussed below: (1.) The hours of operation will be restricted to between 5:00 a.m. and 12:00 a.m. (2.) The project is connected to the neighborhood by sidewalks that tie into all surrounding public streets so that people who live or work nearby can conveniently gain access. In addition, the project includes a transit stop along Harmony Road. Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., 33-94F January 18, 2001 P & Z Meeting Page 11 B. The design of the structure is compatible with the architectural character of the center by the use of similar exterior materials such as stone veneer, concrete roof tiles and projecting entrance feature. C. The P.D.P. complies with the General Development Standards of the Land Use Code with one exception. D. The P.D.P. is located within the Residential Neighborhood Sign District. The location of the flush wall signs on the south and west elevations of the convenience store causes the P.D.P. to fail to meet the Sign Code standard, 3.8.7(E)(2) relating to location and Building Standards, 3.5.3(A) and 3.5.3(D)(1) relating to character and image. E. The P.D.P. indicates canopy fascia signage on the north and east elevations -which are in violation of the Sign Code standard, 3.8.7(E)(12). F. Bicyclists and pedestrians are provided safe, direct and convenient access from both areas external and internal to the shopping center. G. A transit stop and connecting sidewalk will be constructed as part of the project. H. Vehicles and trucks are provided a logical circulation system with joint parking opportunities within the center. RECOMMENDATION: Staff recommends approval of Harmony Safeway Marketplace, Lot 6 Safeway Fuel Facility, P.D.P., #33-94F, subject to the following conditions: 1. Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., is approved subject to removal of the flush wall signs on the south and west elevations of the convenience store. 2. Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., is approved subject to removal of the canopy fascia signs on the north and east elevations. the paved drive area of the site. The contained fuel could then be properly cleaned up and disposed of under the supervision of the fire department. O sa06.psf.haz mat impact,analysis.doc (4) Submersible pump containment sumps to contain any fuel leaking from the pump or piping connections. Containment sumps shall have electronic leak detectors to report the presence of leaking fuel. (5) Cathodic protection system consisting of tank coating and internal tank anodes. (6) Pressure/vacuum vent valves to prevent tanks from over pressurizing (positive or negative) during filling procedures or due to thermal contraction/expansion of product. .(7) Submersible pump leak detector to shut down pump if detector suspects a leak in the primary piping system. (8) Monitor walls in the tank area to monitor for contaminants in the soil and/or groundwater. (9) Emergency stop switch at cashier's counter to shut down entire fueling operation in the event of a spill or fire. Fuel is delivered to the underground tanks by tanker. Each truck holds approximately 8,000 - 10,000 gallons. The most likely route the transport truck would travel would be along E. Harmony Avenue to the site from the east. The truck would leave the site via E. Harmony. Some of the most realistic scenarios involving use of gasoline at this facility include: (1) A spill at the dispenser due to consumer lack of attention or mechanical failure. This spill would be minimal based on a two minute response and a flow rate of ten gallons per minute. Twenty gallons of gasoline probably would not travel off site and could be controlled by spreading an absorbing material and evaporation. A manual shut-off gate is also provided in the 2 foot chase drain to prevent any spillage running into the storm system. (2) A larger surface spill originating at the underground storage tank area during a product delivery. Fuel is "dropped" into the underground storage tank by gravity fill. The most likely scenario would be the delivery hose becoming disengaged from the truck or tank connection. Since the truck driver is required by law to stay within sight of and within control of the delivery operation, a spill should not exceed a quantity of approximately 250 gallons. In the event of this type of spill, the fuel would travel to the southwest portion of the site. The fuel would stay within paved areas contained by site curbing. The outlet for the storm water from this area releases into the large roadside ditch along Harmony. It would be possible for the driver to manually block the 2 foot chase drain with a manual shut off gate and contain the spill within Project Information The proposed development is a Safeway Fuel Facility with gasoline fuel sales and a convenience store. It is located near the northwest corner of East Harmony Road and McMurry Avenue in the City of Fort Collins. The adjacent property to the east, west and north is currently a developed retail center anchored by a Safeway grocery store. These properties are zoned HC-Harmony Corridor, Neighborhood Service Center. The properties to the to the south across East Harmony Road are also zoned HC and are within the Oakridge Business Park and currently undeveloped. The hazardous material utilized by this operation is unleaded gasoline. There will be two, 20,000 gallon underground doublewalled steel/frp composite storage tanks. One of the tanks is a double compartment to contain 10,000.gallons of premium unleaded and 10,000 gallons of super unleaded gasoline. The other 20,000 gallon tank will contain regular unleaded gasoline. The storage and distribution system complies with the State of Colorado requirements regulating service stations. The distribution system contains the following safety features: (1) Multiple product dispensers with: (a) Automatic nozzles to prevent customer overfill and spillage. (b) Hose break -away connections that separate and seal the hose opening when customers drive off with the nozzle still in the vehicle. (c) Emergency shut-off valves under the dispenser that shut off gasoline flow into the dispenser when either: . (1) The dispenser sustains an impact and the emergency valve shears away, or (2) A fire melts a fusible link connection on the valve. (2) Dispenser containment sumps to collect any fuel spillage under the dispenser and prevent soil contamination. Dispenser sumps shall have electronic leak detectors to report the presence of spilled fuel. (3) Doublewall fiberglass piping to contain fuel in the event of a primary piping failure. Hazardous Materials Impact Analysis for Safeway, Inc. Safeway -Harmony Marketplace PUD NW of E. Harmony Road and McMurry Avenue City of Fort Collins, Colorado July, 2000 Prepared for: Safeway, Inc. 6900 South Yosemite Street Englewood, CO 80112-1412 (303) 843-7600 Attn: Howard Gerelick Prepared by: Galloway, Romero & Associates 5350 DTC Parkway Englewood, CO 80111 (303) 770-8884 Attn: Peggy Friesen Ir Multimodal Transportation Level of Service Manual P. Is LOS Standards for Development Review • Pedestrian Figure 6. Pedestrian LOS Worksheet project location classification: io I❑ io io description of applicable destination area within 1,32W including address �O JD� SiY�I� Q!/IitaQS A,•� A/zz/v Aye/.,iL E of s, /TES (sw tax of SW OC oA;+ 5 , Av",,Aw6wi -.SGrJ1�i Of /ty�OM/�,�,�yJ V1.�AQO,e (enter as many as apply) destination area level of service (minimum based on project location classification) classification ^ �w FEW �— ,' I a�a I ..,.tq (set text) m:z: ca+t..t u+..wa awL'p ..Was Prop �/N6rGaL actual Proposed Offic.E I actual Proposed C actual proposed City of Fort Collins Transportation Master Plan Multimodal Transportation Level of Service Manual p. Is LOS Standards for Development Review - Pedestrian IP;rr„ra A PPriPgtrian LOS Worksheet project location classification: la IPI In IK description of applicable destination area within 1,320' including address �lccAvE s�-Frl�r�yr J�SiDENT/AG % �,09ce 84Aev6 1VW7 Ao"y �aN Dr2i �E oft SU�aoL �M4f�«� s. /,, r�iaEss N6 L'�i.�E•e N�'Nvinbt� Azle/ d6 (enter as many as apply) destin area classification (see text) /Cc.�+AENT/AL level of service (minimum based on project location classification) dr.wr m+w+n end amdnp u..r WxNA .mNae "ilt at actual -%2 1 �2 1 1�. actual /Hsrirvniw L-- actual Proposed OGfieE &;/4AI;45 C actual Proposed ��^ City of Fort Collins Transportation Master Plan Ms. Peggy Friesen - June 6, 2000 Galloway, Romero & Associates Page 4 The Comfort Suites hotel and surrounding retail land uses, located in the southwest quadrant of Harmony Road and Wheaton Drive are not as easily accessible for pedestrians. Sidewalk does exist on the north side of Harmony Road - adjacent to the Harmony Center Marketplace. However, the intersection of Harmony Road and Wheaton Drive is not particularly pedestrian friendly. This is a three-quarter movement intersection with the STOP -control on Wheaton Drive. If pedestrians from the Harmony Center Marketplace desired to walk to the Comfort Suites, etc., they could cross at the Harmony/McMurry intersection but would have to walk on the south side of Harmony which does not have sidewalks. Within the Harmony Center Marketplace, good pedestrian amenities exist. Pedestrians can comfortably walk to and from each of the individual land uses. Bicycle Analysis "On -Street Bicycle Lanes" exist on Harmony Road, Wheaton Drive, McMurry Avenue, Monte Carlo Drive that would provide access to/from the Harmony Center Marketplace to any of the destination areas outlined above. Transit Analysis The ease of using transit to access the proposed project was reviewed. According to City of Fort Collins staff, there is existing, limited peak hour transit service on Harmony Road. With the development of the proposed gasoline/service station, a bus shelter will be constructed on the existing transit pad located on the north side of Harmony Road on the west side of the existing right-in/right-out access point. To summarize, because the proposed gasoline/service station is located on one of the internal pads within the Harmony Center Marketplace, the pedestrian and bicycle amenities have already been constructed. This gasoline/service station will, not have an impact on the existing amenities. This lot is easily accessible from within the Harmony Center Marketplace and from the destination areas outlined above. In addition, a bus shelter will be constructed on the existing transit pad on the north side of Harmony Road with the development of this gasoline/service station. I believe that this letter addresses both the trip generation adjustments and the alternative modes analysis for the City of Fort Collins. If you have any other questions, please feel free to call me. Sincerely, Ann T. Bowers, P.E. Transportation Engineer enc. Ms. Peggy Friesen _ June 6, 2000 Galloway, Romero & Associates Page 3 The analysis determined the existing Pedestrian LOS for each destination area by looking at directness, continuity, street crossings, visual interest & amenities, and security. The Enclave single-family residential development is located just north of Monte Carlo Drive, on the north side of the Harmony Center Marketplace. There is very good pedestrian connectivity and continuity between the Harmony Center Marketplace and the Enclave development. There are sidewalks on both sides of Monte Carlo Drive. In addition, there are safe, well signed, raised crosswalks across Monte Carlo Drive from the site to the north side of Monte Carlo Drive. The raised crosswalks are located at Iva and Monaco Place. The RockBridge multi -family residential development, located on the west side of Wheaton Drive can be accessed easily from the Harmony Center Marketplace. Continuous sidewalks exist on both sides of Wheaton Drive from Harmony Road north for at least 1/2 mile. Crosswalks do not exist at the intersection of Wheaton Drive/Harmony Center Access/RockBridge Access. However, there is good visibility for both the pedestrians and the motorists so that pedestrian crossings could be made safely. Knuse Elementary School is located northeast of the Harmony Center Marketplace, on the northeast corner of McMurry Avenue and Monte Carlo Drive. Continuos sidewalk exists on the west side of McMurry Avenue from Harmony Road to north of the school. Sidewalk exists on the east side of McMurry from north of the school to the undeveloped parcel on the northeast corner of McMurry and Harmony. . The school entrance is just north of the intersection of McMurry and Monte Carlo. The intersection of McMurry and Monte Carlo is a four-way STOP controlled intersection with pedestrian crosswalks on all four legs. Monte Carlo Drive, east of McMurry Avenue also has sidewalks on both sides of the roadway that stop short of Innovation Drive. The Golden Meadows Business Park, located on the northeast.quadrant of Harmony Road and McMurry Avenue is easily accessible by pedestrians, as well. As indicated earlier, sidewalks exist on McMurry Avenue. Pedestrians can safely cross McMurry Avenue at the signalized intersection with Harmony Road. The Hampton Inn, Quiznos, Pizza Pipeline, and office development located in the southeast quadrant of Harmony and McMurry are accessible to/from the Harmony Center Marketplace relatively easily. Continuous sidewalk exists on the north side of Harmony Road. The signalized intersection of Harmony Road and McMurry Avenue has pedestrian push buttons and pedestrian crosswalks on all four legs. South of Harmony Road, McMurry Avenue has continuous sidewalk on the east side of the roadway. Sidewalk does not existing on the west side of McMurry nor on the south side of Harmony - adjacent to the cemetery. Ms. Peggy Friesen Galloway, Romero & Associates June 6, 2000 Page 2 TABLE 2 JRIP ,GENERATION FROM APPROVED TRAFFIC STUDY SIZE ITE I AM PEAK HOUR PM PEAK HOUR LAND USE (KSF) CODE ADT IN OUT TOTAL IN OUT TOTAL Grocery Store 48.0 850 4,960 67 29 96 253 243 496 Retail 40.3 814 1,639 124 134 258 113 86 199 Restaurant 12.0 832 2,134 91 87 178 87 68 155 Fast Food 3.8 834 2,698 108 104 212 72 67 139 Bank 4.6 912 1,220 29 22 51 96 105 201 Daycare 6.6 565 523 1 46 40 86 1 42 48 90 TOTAL 13,174 465 416 881 663 617 1,280 KSF: 1000' gross floor area II. ALTERNATE MODES ANALYSIS Pedestrian Analysis A pedestrian analysis, in accordance with the City of Fort Collins Pedestrian LOS Standards, was conducted for this project. The following, in addition to the Pedestrian LOS Worksheet, summarizes the findings of the analysis. According to The City of Fort Collins Transportation Master Plan, the Harmony Center Marketplace, including the proposed gasoline/service station, is located within a location area deemed "activity corridor/center". The applicable minimum Level of Service for the "activity corridor/center' category is LOS B. The Harmony Center Marketplace is bounded by Monte Carlo Drive to the north, Harmony Road to the..south, Wheaton Drive to tne4esi, and McMurry Avenue on the east. The following destination areas within a quarter -mile of the proposed project site were identified. These include the Enclave residential development to the north, the Knuse Elementary School to the northeast, the Golden Meadow Business Park to the east, the RockBridge multi -family residential development to the west, the Hampton Inn, Quiznos Restaurant, and Pizza Pipeline development to the southeast, an office development south of Hampton Inn, and the Comfort Suites hotel and some retail uses to the southwest. n Krager and Associates, Inc. 1390 Stuart Street, Carriage House Denver, Colorado 80204-I243 1303) 446-2626 FAX (303) 446-0270 June 6, 2000 Ms. Peggy Friesen Galloway, Romero & Associates 5350 DTC Parkway Englewood, Colorado 80111 Re: Harmony Center Marketplace - Safeway Fuel - Fort Collins, Colorado 00491pf.wps Dear Peggy: Per your request I have conducted a Trip Generation and Alternate Modes analysis for the proposed gasoline/service station for the Harmony Center Marketplace. I. TRIP GENERATION The revised project trip generation is shown in Table 1. Table 2 illustrates the trip generation that was approved in the Traffic Impact Study for this site. As you can see from the two tables, the addition of a gasoline/service station on this site results in less traffic than the land uses assumed in the Traffic Impact Study. TABLE;>,1 REVISED TRIP GENERATION ITE PM PEAK HOUR LAND USE SIZE CODE ADT ENTER EXIT TOTAL Grocery 48.3 KSF 850 5,386 284 272 556 Retail 49.1 KSF 814 1,997 55 72 127 Drive -In Bank 6windows 912 1,591 42 34 76 Restaurant 5.0 KSF 832 652 33 21 54 Gasoline/Service Station 12 VFP 845 1,953 80 80 160 w/Convenience Market Day Care 6.0 KSF 565 476 37 42 79 TOTAL 12,055 531 521 1,052 KSF: 1000' Gross Floor Area VFP: Vehicle Fueling Positions l ORDINANCE NO. B, 1994OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO SIGN REGULATIONS WHEREAS, in 1971, the City Council adopted the City's first comprehensive sign code, which is presently contained in Chapter 29 of the City Code; and WHEREAS, in 1990, an audit of the Land Development Guidance System identified the need to address certain issues which have arisen with regard to the provisions of the sign code; and WHEREAS, in response to said audit, City staff has undertaken a comprehensive, two-phase review of the sign code; and WHEREAS, the first phase of this review resulted in City Counci1's adoption of Ordinance No. 141, 1992, which made certain changes to the Code and to the provisions of the Land Development Guidance System with regard to signage in the "Residential Neighborhood Signage District"; and WHEREAS, having completed the second phase of this review, City. staff is recommending certain additional changes to the sign code, which changes have been reviewed by the City's Planning and Zoning Board and recommended for approval; and WHEREAS, the City Council believes that those changes to the sign code dealing with on -premise signs which have been recommended by City staff and the Planning and Zoning Board should be adopted by the Council so as to better' protect the aesthetic interests of the citizens of the City; and WHEREAS, City staff has proposed two alternative revisions to the sign code dealing with off -premise signs; and WHEREAS, the City Council believes that off -premise signs negatively affect the aesthetic appearance of the City as a whole and may endanger the public safety by causing undue confusion and distraction among motorists when interspersed with on -premise signs; and WHEREAS, the City Council recognizes that ideological and political off - premise signs are entitled to a higher level of First Amendment protection under the Colorado and United States Constitutions than commercial signs and billboards; and WHEREAS, for the foregoing reasons, the City Council believes it to be in the best interests of the City to prohibit the construction of additional off - premise signs in the City, with the exception of ideological and political signs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definitions of Flush wall sign, Ground sign and Portable sign, as contained in Section 29-1 of the Code of the City, are hereby amended to read as follows: r i Section 6. That if any section, subsection, paragraph, clause or other provisions of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability thereof shall not affect any of the remaining sections; subsections, paragraphs, clauses or provisions of this Ordinance. Introduced, considered favorably on first reading, and ordered published in summary form this 15th day of December A.D. 1992, and to be presented for final passage on the 5th day of January, A.O. 1993. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of January, A.D. 1993. ATTEST: City Clerk 6 Mayor i (16) In addition to the basic size allowance permitted under subsection 29-593.1 (4), the sign area and height of a freestanding or ground sign may be increased by an additional twenty (20) percent if only identification of the name and/or logo of the retail center or business park is used on the primary or secondary freestanding or ground sign. This bonus shall only be applied to the freestanding or ground sign on which the limitation occurs. (17) Window signs, excluding ideological signs, may cover no more than twenty-five (25) percent of the surface area of the window or door in which such signs are placed. Temporary window signs shall not be allowed above the first story of a building. A window sign shall be considered to be a temporary window sign if it is displayed in the same window or door, or same approximate location outside of a window or door, for no more than thirty (30) calendar days within a six (6) month period of time. Changes in the message displayed on such sign shall not affect the computation of the thirty (30) day period of time provided for herein. Section 3. That Section 29-1 of the Code of the City is hereby.amended, in alphabetical, by the addition of the definition of "Window signs," which shall read as follows: Sec. 29-1. Definitions. Window sign shall mean a sign which is painted on, applied or attached to a window or door, or located within three (3) feet of the interior of the window or door and is visible from the exterior of the building. Section 4. That Section 29-526(G)(3)(b) of the Land Development Guidance System, relating to preliminary architectural elevations, of the Code of the City is hereby amended to read as follows: (b). Preliminary architectural elevations of all buildings sufficient to convey.,, the. basic architectural intent of the .proposed improvements, includi,ng:Hth M'i E-1, 6n oil proposed f c�shwa l sigrts. Section 5. That Section 29-526 of the Code of the City, the Land Development Guidance System, is hereby amended by the addition of a new criterion to the ALL DEVELOPMENT category of the Land Development Guidance System, which new criterion shall read as follows: 49. Are flushwall signs positioned to harmonize with the architecture character of the building(s) to which they are attached, including but not limited to any projection, relief, cornice, column, change of building material, window or door opening? Do they align with other flushwall signs on the same building? (11) No illuminated sign visible from or within three hundred (300) feet of any property which contains an existing or approved residential use or is zoned for residential use, may be illuminated between the hours of eleven (11:00) p.m. (or one-half [1/2] hour after the use to which it is pertains is closed, whichever is later) and six (6:00) a.m.; provided, however, that this time limitation shall not apply to any lighting which is used primarily for the protection of the premises or for safety purposes or any signage which is separated from a residential use by an arterial street. For the purposes of this subsection, the term "approved" shall be defined as having current preliminary or final planned unit development approval. (12) One flushwall sign or under -canopy sign per street frontage, not to exceed twelve (12) square feet in area, shall be permitted on or under the fascia of a canopy covering the retail dispensing or sales of vehicular fuels. (13) Awning signs shall not be permitted to be back -lit except for individual letters and business logo only. The extent of signage on an awning shall be limited to the lesser of thirty-five (35) square feet per individual tenant space or twenty-five (25) percent of the total area of the awning and shall be applied to the most vertical portion of the awning. Awning signs shall not be allowed above the first story of a building. (14) For the first two hundred (200) feet in building frontage length in a neighborhood service center, the maximum sign area permitted shall be equal to one and one -quarter (1 1/4) square feet for each linear foot of building frontage length. For that portion of a building frontage which exceeds two hundred (200) feet in length, the maximum sign area permitted shall be equal to two-thirds (2/3) foot for each linear foot of building frontage length over such two hundred (200) feet. (15) For the first two hundred (200) feet in building frontage length in a neighborhood convenience shopping center, business service use or auto -related and roadside commercial use, the maximum sign area permitted shall be equal to one (1) square foot for each linear foot of building frontage length. For that portion of a building frontage which exceeds two hundred (200) feet in length, the maximum sign area permitted shall be equal to one-half (1/2) foot for each linear foot of building frontage over such two hundred (200) feet. (7) All signs which are greater than. four (4) square feet in area, except ground signs and those signs which replicate a business Togo, must be comprised only of individual letters or cabinets wherein only the letters are illuminated. (8) The maximum size of individual letters and logos on .flushwall signs and flush wall cabinets shall be as follows: MAXIMUM NAXIM.UM. MAXIMUM CABINET: USE' GETTER HEIGHT ,LOGO HEIGHT; HEIGHT' AUTO -RELATED AND 12" 18" 18" ROADSIDE COMMERCIAL AND BUSINESS SERVICE USES NEIGHBORHOOD 18" 24" 24" CONVENIENCE SHOPPING CENTER NEIGHBORHOOD 2411* 3011* 3011* SERVICE CENTER * Any individual tenant space exceeding forty-five thousand (45,000) square feet in floor area shall be permitted one (1) flushwall sign with individual letters not to exceed forty-eight (48) inches in height and/or logos not to exceed fifty-four (54) inches in height. The maximum cabinet height shall be fifty-four (54) inches in height. (9) If signs are illuminated, only internal illumination shall be permitted. This requirement shall not apply to freestanding or ground signs. (10) The length of any flushwall sign for an individual tenant space shall be limited to seventy-five (75) percent of the width of the tenant storefront, but no sign shall exceed forty (40) feet in length; provided, however, that any individual tenant space exceeding forty-five thousand (45,000) square feet in floor area shall be permitted one (1) flushwall sign not exceeding fifty-five (55) feet in length. Each tenant space shall be allowed one such flushwall sign on each exterior building wall directly adjacent to the tenant space. In the event that a tenant space does not have a directly adjacent exterior wall, one sign not exceeding thirty (30) square feet may be erected on an exterior wall of the building for the purpose of identifying that tenant space. 3 Except as to location, the Planning and Zoning Board shall not impose more restrictive _requirements or conditions than required under this Section. (3) No sign shall project more than twelve (12) inches beyond the building fascia. Under -canopy signs which are perpendicular to the face of the building shall be exempted from this requirement except that they shall be limited to four (4) square feet in area per face. (4) Freestanding or ground signs shall comply with the following requirements with respect to size, number and height: ,MAXIMUM NUMBER SIGNS MAXIMUM AREA PERMITTED`PER PER STREET MAXIMUM . USE SIGN.: FACE FRONTAGE HEIGHT AUTO -RELATED AND PRIMARY - 32 S.F. PRIMARY - 1 PRIMARY - 5 ROADSIDE FT. COMMERCIAL AND BUSINESS SERVICE USES NEIGHBOR- PRIMARY - 40 S.F. PRIMARY - 1 PRIMARY - 8 HOOD CONVENIENCE FT. SHOPPING CENTER NEIGHBOR- PRIMARY - 55 S.F. PRIMARY - 1 PRIMARY - H000 SERVICE SECONDARY - SECONDARY - 1 10 FT. CENTER 32 S.F. SECONDARY - 6 FT. (5) Freestanding signs shall be permitted only if constructed with a supporting sign structure, the width of which exceeds seventy (70) percent of the width of the sign face. Freestanding or ground signs shall contain no more than two (2) faces. No freestanding or ground sign shall be located less than seventy-five (75) feet from any directly abutting property which contains an existing or approved residential use or is zoned for residential use. For the purposes of this subsection, the term "approved" shall be defined as having current preliminary or final planned unit development approval. (6) All supporting sign structures of a freestanding or ground sign shall match the primary finish and colors of the associated building(s). ORDINANCE NO. 1419 1992 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE SIGN CODE RELATING TO LIMITATIONS FOR NON-RESIDENTIAL USES IN THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the title of Section 29-593 of the Code of the City, "Limitations for Nonresidential Districts and Uses" is hereby amended to read as follows: Sec. 29-593. tZettW 67imitations for nonresidential districts and uses. Section 2. That a new Section 29-593.1 is hereby added to the Code of the City, which new Section shall read as follows: Sec. 29-593.1. Limitations. for non-residential districts and uses in the Residential Neighborhood Sign District. There is hereby established a "Residential Neighborhood Sign District" for the purpose of regulating signs for non-residential uses in certain geographical areas of the city which may be particularly affected by such signs because of their predominantly residential use and character. The boundaries of the Sign District shall be shown on a map which shall be maintained in the office of the City Clerk. Any amendments to this map shall be made in the same manner as amendments to the zoning district map of the city, as provided in Sections 29-23 and 29-24. The following provisions shall only apply to proposed neighborhood service centers, neighborhood convenience shopping centers, business service uses and auto -related and roadside commercial uses in the "Residential Neighborhood Sign District" which are developed on or after January 15, 1993. In addition, all such provisions, except subsections 14 and 15 below, shall apply to signs in neighborhood service centers, neighborhood convenience shopping centers, business service uses and auto -related and roadside commercial uses in the "Residential Neighborhood Sign District" which were developed prior to the effective date of this ordinance, whenever such signs are erected or remodeled pursuant to a permit after January 15, 1993. (1) Signs regulated under this Section shall generally conform to the other requirements of Chapter 29, Article IV, except that when any of the following limitations are applicable to a particular sign, the more restrictive limitation shall apply.. (2) Signs regulated under this Section shall also conform to any locational requirements imposed by the Planning and Zoning Board as a condition of the approval of the planned unit development plan under Section 29-526. December 15, 199� retain -its ability to review proposed signage h all signs are compatible with only to the e nt that the the architectural character of location of flus w the building. developments located provisions shall only apply to non-residential Second, these p which are in an area known as the "Resistrictlincludesrhareas�of Dist t the icousenandrict's as ncharacteicated rn the attached map. This D� residential such as considered by the City as being predominantly This district excludes predominantly commercial or industrial Road�anda Prospect Road College Avenue, downtown, and portions of the Harmony led ur.suant to a permit corridors. Existing signs in this District will be made to conform to these or signs will not be regulations whenever such signs are erected provisions of these regulations. after the date o enactment strictive signealloulatepr. Existing 9 subject to the m Citizen Par tici ation Process provided during the planning process. composed of representatives of major sign companies Many opportunities for citizen comment were P provide guidance to staff on the An advisory committee comp operating in the Fort Collins area was formed to P with the Planning and ttl MM' tech nical aspects of the project. This Cn luding meeting several times with g of between October, 1991 and August, 199 , 1992. Zoning Board in a special work session on June 16, developers, design Last June, over 175 letters were mailed to sign companonsjune 4. This letter neighborhood organizations and interested citizens about the professionals, public meeting Board hearing on proposed changes and invited them to a p and Zoning speak at the Planning public meeting. also included �92 an No i ber of thpublic i c attended the June 4 p June 22, managers of More recently, approximatelyesses 30 letters welocated re sent to owners and/or„Residential existing shopping centers and/or busin of therec nt changes in n the proposed g them Sign borhod SignCodeo owhich reDllate to exi�stingnsigns- Sig about the Planning and Zoning Board met in work session on In addition, staff has had the several conversations Wit h individuals d ublchearsionings on proposed Code changes, and t four different and Septemberdiscussthe project and conducted P June 22, 199 notices of the open house and public hearings on the matter were Finally, a published in a local newspaper. RECOMMENDATION: Board voted 281992, the Planning and Zo On September ning the City Counci,l the adoption of the proposed amendments Staff also recommends adoption. attached minutes). 7 - 0 to recommend to to the.Sign Code (see T E: December 15, 1992 i i EM NUMBER: 34 \ This is not a criticism of existing research has found that many businesses located in or near residential areas OF businesses or sign companies. the community are alreadyP Rather, staff sensitive to these issues and have, in many cases, been doing a good job in designing projects have been used s mdels for and tdevelopmentnOfethe 1prfact Ioposed regulations. The proposed Sign Code changes are intended to reduce or eliminate opportunities anfthese for abuse of the existing Code which could result in signage whici incompatible with an adjoining residential neighborhood. The Land Develo ment Guidance —Sys te currently includes a hick is the Planning and Zonin than the Sign Code in PlaBoardUto impose pments estrictive siv nage equhrements and staff have used The Planning ge re Developments, this provision to re 9 and Zoning requirements imposed proposed Sign Code provisions signs in new Planned Board y the Planning provisions are compatible with Unit g and Zoning Board in the recent past. the It has become apparent i* that consistent and documented standards and criteria for approving signage in shopping centers and free-standing retail off' located in predominantly residential areas are lacking in the LDGS and Sign�teria The proposed additions to the Sign Code are intended to address this r b uses Under the proposed changes, the amount and design of signage Code. problem. by the Sign Code through the addition of new requirements specifically b to address the issue of neighborhood character and compatibility be regulated approval of permits for individual signs will be b P Prepared Inspection Division staff. Y• The review and signage in Planned Unit Developments and Zoning Board will the City Building Permits and flushwall g y to the extent that othe nlocation ue to �of signs relate to the architectural character of buildings. All other aspects of signage in this District will be con under the new Sign Code r the associated P ovisions. trolled Staff believes the explicit listing of signage requirements in the Sign C LDGS should make the decision -making process more predictable and consist project to project. This should help all parties to better understand the de and for decision-makingconsistent from designed and made ore advance. with ost importantly, sidential surroundings.basis precise criteria should also hel de signage should be better and approval of signs. P reduce City administrative costs inhe revi�eW This project is not intended to address other "community -wide" concern signage or other issues related to specific "Residential Neighborhood Sign District", s about the Board to review signs in predominantly geographic areas outside of the the "Residential Neighborhood Sign District": as provided a oes not as l the authority of LDGS. These issues and others will be considered rdurinarans located outside of the Sign Code which will. be undertaken b °r in the Sign Code and y City staff in 1993 upcoming audit" of Recommended Changes: 2 Staff, with the assistance of a local consulting firm, has prepared changes the Sign Code to address the above issues. and are indicated in UPPER CASE LETTERS. to The recommended changes are attached each specific Code change. In eneral An explanation g the recommendations�arettwo�foldollows First, clear and consistent standards are recommended for the and design of signs si the "Residential guide staff in the approval ofindvidual teant Neighborhood Sign Districtntwhichawill Will be incorporated into the Sign Code. The Plannin and 9 permits. These provisions 9 Zoning Board will ✓� AGENDA -ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT: Hearing and First Reading Relating to Limitations for Sign District. RECOMMENDATION: ITEM RUMBER: 34 DATE: December 15, 1992 STAFF: Joe Frank Peter Barnes of Ordinance No. 141, 1992 Amending the Sign Code Non-residential Uses in the Residential Neighborhood Staff recommends adoption of this Ordinance on First Reading. On September 28, 1992, the Planning and Zoning Board voted 1-0 to recommend to the City Council the adoption of the proposed amendments to the Sign Code. EXECUTIVE SUMMARY: While the Sign Code has generally worked well, there has been growing concern about signage as it applies to non-residential land uses in predominantly residential areas. This concern was affirmed in the City Council 1991 - 1993 Work Plan and the 1990 Audit of the Land Development Guidance System wherein staff was directed to review the Sign Code and prepare necessary changes to address these concerns. The City Planning Department and Building Permits and Inspection Division staff, with the assistance of a local consulting firm has prepared changes to the Sign Code to address these concerns. Ingeneral, the recommendations are two -fold: First, new standards are being recommended for the Sign Code which will regulate the amount, location and design of signs for non- residential land uses in residential areas. Second, these provisions only apply to non-residential developments located in the "Residential Neighborhood Sign District", which is considered to be those areas of the community that are predominantly residential in use and character. This District excludes predominately commercial areas, such as, College Avenue, Downtown and portions of Harmony Road and Prospect Road. BACKGROUND: Several years ago, the City enacted regulations to control the location and design of signage on private property. While the Sign Code has been well received by both the business industry and public, there has been growing concern that these regulations do not adequately control signage as it applies to shopping centers and free-standing auto -related and business service uses located in predominantly residential areas. This concern was affirmed in the City Council 1991-1993 Work Plan and the 1990 Audit of the Land Development Guidance System (LDGS) wherein staff was directed to review the Sign Code and prepare necessary changes to address these concerns. In general, the concerns include the amount of signage allowed under the current Code, appearance and aesthetics, and compatibility with neighborhood quality and character. Some specific issues which have been identified include the size and finish of freestanding/ground signs, illumination, window signage, and architectural compatibility. Article 5, Terms and Definitions Division 5.1, Definitions aquatic insect diversity as identified in the NAPP; remnant native prairie habitat; mixed foothill shrubland; foothills ponderosa pine forest; plains cottonwood riparian woodlands; and any wetland greater than 1/4 acre in size. Specified anatomical areas shall mean less than completely and opaquely covered human genitals, pubic region, buttocks, female breast or breasts below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean: (1) human genitals in a state of sexual stimulation or arousal; (2) acts of human masturbation, sexual intercourse or sodomy; (3) fondling or other erotic touching of human genitals, pubic region, buttocks or female breast or breasts. Story: See Height. Street shall mean a public way used or intended to be used for carrying vehicular, bicycle and/or pedestrian traffic and shall include the entire area within the public right-of-way. Structure shall mean a combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above or below the surface of land or water. Subdivider or developer shall mean any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale and lease of a development. Subdivision shall mean the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots or sites. Supermarket shall mean a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not less than twenty-five thousand one (25,001) square feet. Transit facility shall mean bus stops, bus terminals, transfer points, and depots without vehicle repair or storage. City of Fort Collins Ind Use Code Article 5, Page 34 Effective March 28, 1997 Commu_-.ty Planning and Environmental „ rvices Building and Zoning Department City of Fort Collins MEMORANDUM - DATE: January 4, 2001 TO: Ted Shepard FROM: Peter Barnes, Zoning Administrator ,/7/ j RE: . Safeway Fueling Facility Signage I have reviewed the December 29, 2000 letter from Galloway, Romero & Associates regarding proposed signage for the Safeway Fueling Facility. In the letter, they cite the definition of "street" that is currently in Section 5.1.2 of the LUC and they base some of their assumptions on this definition. However, the use of the current definition violates the intent of the sign code sections referenced in the letter. The term "street" has been amended a couple of times since 1997 based on the recommendation of the City Engineering Department. Unfortunately, staff did not realize this created a conflict with the sign code use of the term "street" until the issue was raised by Galloway, Romero & Associates. "Street" was defined in the original 1997 LUC as "...a public way used or intended to be used for canying vehicular, bicycle andlor pedestrian traffic and shall include the entire area within the public right-of-way" (See attached copy of original LUC code section). This definition is in keeping with the intent of the wording of the sign code relative to such things as one canopy sign per street frontage, sign allowance based on lot frontage (when used in conjunction with the definition of "front lot line", which is the property line dividing a lot from a street), and sign allowance based on "building frontage" as set forth in Section 3.8.7(D)(6). The intent has never been to consider dedicated access easements as streets for the purpose of calculating sign allowance or placement of signs. Now that staff is aware of the conflict created by the various Engineering Department definitions of street and other terms, there will be proposed code changes presented to the P&Z Board and City Council in the near future. In the meantime, the Zoning Department will apply the intent of the sign code when considering sign permit applications. 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6760 • FAX (970) 224-6134 four elevations of such a diminutive structure, the basic building form and function of the building are sacrificed. The architecture of the building is designed to blend in with the balance of the center by use of similar materials and secondary roof form. The addition of three extra wall signs will dominate this basic architectural perspective and reduce the image to merely "building -as -billboard," an image that is not in keeping with high - quality urban design established for the Harmony Corridor. Further, the additional wall signs detract from objective of blending in with the center and cause the building to appear as a stand-alone structure, reminiscent of strip center development, not a planned cohesive shopping center. Staff finds the request for wall signage on the north, south and west elevations to be excessive in relative proportion to the size and scale of the convenience store structure, and, therefore, violates the fundamental intent of the Residential Neighborhood Sign District. If you have any further questions regarding this finding, please feel free to call our office at 221-6750. Sincerely: Ted Shepard Chief Planner Cc: Cameron Gloss, Current Planning Director Commu...y Planning and Environmental Ivices Current Planning - City of Fort Collins October 20, 2000 oTGggvs Ms. Peggy Friesen Galloway, Romero and Associates 5350 DTC Parkway Englewood, CO 80111 Dear Peggy: At our recent meeting on October 5, 2000, you asked for further clarification regarding the City's request to delete wall signage from the north, west and south elevations of the proposed convenience store on Lot Six of the Harmony Safeway Shopping Center. The purpose of this letter is to provide our justification in writing. The site is located within the Residential Neighborhood Sign District. This sub- district of the City was established in 1993 in response to growing concerns about the relationship of commercial signage to residential neighborhoods. The City has had a long-standing policy of mixing residential and non-residential uses. The challenge is to appropriately mitigate the impacts of commercial development and yet allow its proximity to neighborhoods in order to reduce vehicle miles traveled and encourage walking and biking to nearby commercial centers. According to the advisory task force that assisted the Staff in formation of the Residential Neighborhood Sign District, one of the methods to mitigate such impacts is to regulate the location of flush wall signs on commercial buildings. The primary intent of the Residential Neighborhood Sign District is make sure that wall signage on commercial buildings relates to the overall architecture of the building in a sensitive manner. The purpose is to preserve the integrity of a building's architecture from excessive wall signage and protect the aesthetic character of those neighborhoods near commercial areas. The convenience store is a small building totaling only 2,790 square feet. Its front door faces east, the gas fueling area under the canopy. It is wholly appropriate for wall signage to be placed on this east elevation. The building, however, is too small for three additional wall signs. With signs on each of the 281 North College Avenue •• P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 AUG. 3. 2000 3:55PM . ; GALLOWAY ROMERO.. NO.4907...._ P. 2 ._ , ... •. II Pealay Friesen i From: Ken Allen fallen*CAHS.Colostate.edu] Sent Wednesday, July 19, 200011:36 AM To: 'Friesen, Peggy S'; 'Moore, David H' j Subject: Safe�±vay development Harmony Rd i i Peggy and David: The Board bers of Golden Meadows Homeowners Assoc. met last night and I ted the material on the gas station etc. There were no objections or to the proposed filling station (canopy type plus kiosk) from our board. I also indicated that future plans may include a convenience store to the W of the filling station. Kennelh G.D. Allen, PhD Professor, Food Science and Human Nutrition Professor, Physiology Colorado State University Fort Collins, CO $0523-1571 Office phone: 970/49"712 Fax: _ 970/491.7262 email; atien@cahs.eolostate[edu I i i January 12, 2001 RECE�-- Planning and Zoning. Board V E �1q N r �? 2d 01 : Safeway Fueling _ Harmony Marketplace _ CURRENT PL4"ING Lot 6 Final Site Plan Approval Dear Planning and Zoning Board My name is Matt Rankin and I am a resident of 4236 Kingsbury Drive-in the Golden Meadow Subdivision. I am writing as an affected property owner regarding the proposed Safeway Fueling Center to be built on Lot 6 of the Harmony Safeway Marketplace. Although an adequate saturation of fueling centers exists within my neighborhood, I understand this use is allowable under current zoning designations. - I do wish; however, to lend my support to City Staff recommendations regarding the proposed signage for the facility, and thereby limit the unnecessary visual noise and nighttime illumination. I contend that our environment has conditioned us to recognize that the form and colors of the fueling canopy alone, identifies this business as a fueling center facility with multi - station pumps and a convenience store. In some cases, signage is not even -necessary to - identify brand name stations. I ask that you limit the proposed signage to the minimum necessary to identify brand name on the SE and East corner of the canopy as well as the East face of the convenience store. Sincerely, Matt Rankin Golden Meadows Subdivision 4236 Kingsbury Drive Fort Collins, Co 80525 i t-31-00 08:19A t� ;t a t ■ The Village at the Enclave 1357 Iva Court Ft. Collins, CO 80525 October 8. 2000 Mr, Tcd Shepherd (thief Plattner, City of Ft. Collins P.O. Box 580 Ft. Collins, CO 80522-0580 Dear Mr. Shepherd: axA;6i� 3 P.a OCT 1 1 2000 IU The board ol'thc Village at the Enclave Association recently met and discussed the plans for the proposed service station at the Harmony Safeway. The unanimous decision was against (his project. it was felt that such a business was entirely against the 1 UU as approved by the city belore the development of the land. When we once fell the plans were in place for a development acceptable to the neighbors, we are now faced with constantly reviewing changes. The need for a gasoline station at this location is minimal. There are 2 stations less than one -hall' mile away on l.emay just south of Harmony. These 2 outlets fill the need ol'the area adequately. The additional request to include a convenience store with the pumps is overwhelming. A full - service supermarket within a few steps from the location seems to be more than adequate for tilling any needs a. convenience store provides. This is merely a duplication of retail space. As you pointed out in your letter to the Safeway planner, the business hours cannot be extended beyond those already oflbr:d by Safeway, so the convenience stare cannot provide any additional times. A service station ol'this size with the addition ofa convenience store would certainly lure large trucks from I latmony causing additional sound and congestion to the neighborhood. What was to be a neighbonc(x)d shopping center would now become a magnet for Harmony traffic in general. The original plans of Safeway to be a friendly neighbor to a residential area seems to have been forgotten by the corporation. To date, we have been pleased with the manner in which the property has been developed. These new proposals are troublesome to our association which is adjacent to the retail property. The lack of need for such an outlet as well as the draw of unwanted vehicles makes us request that the city deny the proposal. Please notify us when hearings are to be held on this matter. Sincerely, Elizabeth Sullivan, Secreta ry Post -it" Fax Note 7671 Date I - v�;� 1 ro 16 v t r s 6'n) From T ED E09Y+A0 ":1 �_ ��,t. r'�•drfRe 1�'JrfFo 'r• Cor-(,.� �L Phone R _ ?09C 9 Fax EXltibi!'I Galloway, Romero & Associates Design Engineering Planning 5350 DTC Parkway Englewood, Colorado 80111 (303)770-8884 (303) 770-3636 fax david_moore@graa.com November 1, 2000 Ms. Elizabeth Sullivan, Secretary The Village at the Enclave 1357 Ivy Court Fort Collins, CO 80525 Re: Harmony and McMurry Safeway Fueling Facility. Dear Ms. Sullivan: This letter is a response to your letter of October 8, 2000, to Mr. Ted Shepherd, Chief Planner of the City of Fort Collins. I would like to arrange a meeting for the members of your community at your convenience to explain the project and answer questions that you have. If you would call me at 303-770-8884, I will arrange a mutually agreeable time and place. Meanwhile, I'd like to respond to your concerns. On the land use question, the Harmony -Safeway Marketplace PUD provides for this use; and this pad was identified for this use since conceptual plans. This is the only place along the Harmony Corridor that the use is allowed. Safeway has a major nation-wide program underway to provide the convenience of fueling at their food stores. We are currently working on 20 projects for Safeway. Their practice is to be very price competitive. The convenience store will not be constructed initially. However, when it is constructed it will provide a limited number of convenience items that are quickly available to the customer obtaining fuel, and saves the time of driving over to the food store and spending much more time obtaining the few convenience items. We don't anticipate this fueling facility to be used by trucks since diesel fuel will not be dispensed at this site. Large trucks use highway oriented facilities were the accommodation is made for the large rigs with parking areas and fuel contracts. Farmers and ranchers tend to use their co-ops where the fuel costs are lower. Truck traffic is a non -issue here. This station may attract additional automobile traffic from west -bound Harmony Road traffic. Much of that traffic will enter, turn directly into the station and exit directly back out to Harmony. Some of that traffic will be attracted by other businesses in the center and will take advantage of the fueling stop to �-Xl�ibii l — January 11, 2001 RE: Harmony Safeway Service Station Mr. Ted Shepherd Chief Planner, City of Ft Collins P.O.. Box 580 Ft Collins, CO 80522-0580 Dear Mr. Shepherd: The Village at the Enclave 1357 Iva Court Ft Collins, CO 80525 JAN 15 2001 B Y: --- -'------------ After meeting with you and representatives from Gallloway, Romero & Associates on November 30, 2000, Mr. Dick Bolin and I approve of the plans which were presented for the fueling station at the Harmony Safeway. As was explained at that meeting, the building of such a facility is permitted in the original approval of the development Our concerns regarding the size and exterior appearance of the structure were satisfied by the explanation provided by Mr. Moore and Ms. Friesen. We also understood that the facility will not operate beyond the hours established for the Safeway site. Although our association would prefer to not see a fueling facility, we learned from the meeting that Safeway has the right to build it We, therefore, can only accept it with the agreement that the size, design, landscaping, and operating hours discussed on November 30 will be implemented as outlined. Thank you for addressing our concerns. Sincerely, i Elizabeth B. Sullivan, Secretary The Village at the Enclave cc: David H. Moore 4. Sec. 3.8.7 (E) (13): For the first two hundred (200) feet in building frontage length in a neighborhood service center, the maximum sign area permitted shall be equal to one and one quarter (1 '/4) square feet for each linear foot of building frontage length. For that portion of a building frontage which exceeds two hundred (200) feet in length, the maximum sign area permitted shall be equal to two-thirds (2/3) foot for each linear foot of building frontage over such two hundred (200) feet. This site has one hundred and fifty three (153) feet of building frontage. This calculates to one hundred ninety one (191) square feet of sign area allowed. 5. Sec. 3.8.7 (13)(5): flush wall signs, projecting wall signs, window signs, freestanding signs and ground signs, provided that the placement and use of all such signs shall be governed by and shall be within the following limitations: (c) In no event shall the total sign allowance for any property be less than one (1) square foot of sign allowance for each linear foot of lot frontage. This lot has frontage of 280 lineal feet along Harmony Avenue, so this becomes the minimum allowed signage area. 6. The following table shows the convenience store wall sign calculation: BUILDING FRONTAGE LF S F ALLOWED SIGN AREA * S F USED SIGN AREA BALANCE SF SIGN AREA NORTH 46.5 87 0 87 SOUTH 46.5 87 30 57 EAST 60 100 60 40 WEST 60 0 30 (30) TOTAL 213 274 120 154 • Area is 75% of building frontage (Max. of 40 feet) X maximum cabinet height of 30 " • Sec. 3.8.7 (E) (8), (10). 6. The proposed signs are very much in proportion to the walls of the convenience store and significantly less than allowed. This is evident in viewing the elevations of the building. Please call me if you have any questions. G Noway o ero & Associates David H. Moore Project Supervisor CC: Dan Clayton, Safeway Stores No. 46, Inc. Cameron Gloss, Current Planning Director Lucia Liley, March & Liley Attachment: Your letter of 10/20/2000 Galloway, Romero & Associates Design Engineering Planning 5350 DTC Parkway Englewood, Colorado 80111 (303)770-8884 (303) 770-3636 fax david_moore@graa.com December 29, 2000 Mr. Ted Shephard City of Fort Collins Planning Division 281 North College Avenue Fort Collins, CO 80523-0580 Re: Safeway Fueling Facility at Harmony Safeway Marketplace Dear Mr. Shephard JAN 04MI In response to your request (12/18/2000) to remove proposed signs from the north, west and south elevations of the convenience store, I can find no justification in the Code. We have shown no sign for the north wall and propose signs for the east, south and west walls of the convenience store. We also propose canopy signs on the east and south sides of the canopy. In response to your letter of 10/20/2000, we have reviewed our proposal in the context of the City of Fort Collins Land Use Code, the overall Harmony Marketplace Center and the three other pad buildings. We feel that our proposal is in context with the established precedent already set by sign permit approvals and signs installed on the existing buildings. Further, we find no Code support for the rationale proposed in your letter. In fact, the existing conditions, for example at the bank, far exceed the sign impact from the proposed convenience store. I find the following Code justification for the proposed signs: 1. Street definition, 5.1.2.Street: Street shall mean a public way (whether publicly or privately owned) used or intended to be used for carrying vehicular, bicycle and pedestrian traffic and shall include the entire area within the public right-of-way and/or public access easement. This site has streets on three sides, public Harmony Avenue on the south and private streets on the east and north sides. 2. Building frontage definition, 5.1.2. Building frontage: Building frontage shall mean that side of the building which faces and is parallel to or mostly parallel to a public or private street. The length of the frontage is determined by measuring along the outside walls of the building and including eaves which are at least eight (8) feet above grade and are an integral part of the roof or building wall. There can be only one (1) building frontage for each street upon which a building faces. This site has three building frontages, north, east and south. 3. Sec. 3.8.7 (E) (12): One (1) flushwall sign or under -canopy sign per street frontage, not to exceed twelve (12) square feet in area, shall be permitted on or under the fascia of a canopy covering the retail dispensing or sale of vehicular fuels. Three (3) canopy signs are allowed, one for each street frontage. SAFEWAY FUEL FACILITY 1426 E. Harmony Road Fort Collins, CO LEGAL DESCRIPTION: LOT 6, HARMONY SAFEWAY MARKETPLACE P.U.D. CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. PROPERTY OWNER OF PROPOSED PROJECT DEVELOPMENT PLAN: S-B Properties No. 22, Ltd. 8145 N. 86`h Place Scottsdale, AZ 85258 Tele: (480) 596-9399 Fax: (480) 596-6366 LIST OF NAMES OF OFFICERS INVOLVED AS PROPERTY OWNER: Robert E. Austin, Senior Vice President S-B Properties No. 22, Ltd. 8145 N. 86`" Place Scottsdale, AZ 85258 Tele: (480) 596-9399 Fax: (480) 596-6366 DEVELOPMENT PHASING: Phase I: Construction to begin immediately upon city planning and permitting approvals. • Construct a 3698 sf canopy • Install five multi -product fuel dispensers • Construct a 268 sf kiosk • Install perimeter landscaping and paved area • Install freestanding tower feature • Sod Phase II area until construction of the convenience store • Install the trash enclosure and bicycle rack • Install the secondary ground sign Phase II: Construction for future date undetermined. • Remove kiosk and replace with sixth multi -product fuel dispenser • Construct a 2790 sf convenience store • Stripe parking spaces • Add Phase II landscaping DESIGN ENGINEERS, PLANNERS, ARCHITECTS: PLEASE SEND ALL CORRESPONDENCE ASSOCIATED WITH DEVELOPMENT REVIEW TO THE FOLLOWING: GALLOWAY, ROMERO & ASSOCIATES 5350 DTC PARKWAY ENGLEWOOD, CO 80111 CONTACT: PEGGY FRIESEN, PROJECT MANAGER TELE: (303) 770-8884 FAX: (303) 770-3636 e-mail: peggy_friesen@graa.com The trash enclosure is located unobtrusively at the rear of the site. The enclosure consists of materials and color to match the proposed kiosk and existing center. Screening of rooftop mechanical equipment is provided by stucco panels to match the building on the kiosk, and screened by the parapet on the convenience store. The conduit, meters, vents and other equipment attached to the buildings will be painted to match surrounding building surfaces. Section 3.5.3, Mixed -Use, Institutional and Commercial Buildings: Consideration was given to the relationship of the building, canopy and fueling area to the streets, private drives, walkways and parking areas. The entrance of the convenience store faces directly onto a connecting walkway that leads to the public pedestrian system along E. Harmony Road. The building facade includes wall articulation by patterns of stucco, stone veneer and window planes. The entrance is clearly defined by the same pitched roof element characteristic of the existing center. A freestanding tower feature is located at the northeast comer of the site to mirror the tower element used on the building east of the entrance driveway off E. Harmony Road. Pursuant to Planning Department's request, we have provided a picnic table under the tower for an amenity to the center. Signs: The proposed site is located within the Non -Residential Uses in the Residential Neighborhood Sign District and will comply with City Code Section 3..8 (E). According to discussions with Peter Barnes in the Zoning Department, there is one "secondary" ground sign available for the Harmony frontage, which the proposed project will utilize. The proposed secondary ground sign will be installed on a stone veneer base to match the store. The secondary sign is 28 square feet per face and measures six foot high. There will be one canopy logo sign located on the Harmony Road frontage not to exceed 12 square feet. Wall signage for the Phase II convenience store consists of one sign per elevation, within the allowable area. SUMMARY STATEMENT: The Safeway Fueling Facility will provide a quality project to further gnhance the existing Harmony Safeway Marketplace retail center development. We respectfully request approval of the Project Development Plan (PDP) upon design and plans meeting and exceeding the codified development standards and design guidelines for the Harmony Corridor project. C with Phase II. The sidewalk will connect the internal walk along the north property line with the detached sidewalk system along the E. Harmony corridor. A bicycle rack is located west of the western access drive. Two points of access are provided to promote efficient circulation at the fueling activity area. Striped parking spaces will be provided for Phase II, with the convenience store addition. The parking will be located directly in front of the store, to eliminate any conflict between the fueling area and convenience users. The paved areas for fueling and parking are setback approximately 85 feet from the E. Harmony right-of-way. Parking requirements utilized for this development are 4 spaces per 1,000 square feet of retail space. A total of nine spaces is provided with Phase II construction, one of which will be handicap accessible. Site Lighting 3.2.4: Sight lighting is designed with safety provisions for the users and sensitivity to surrounding uses within the center. The existing light standards are 400 watt high pressure sodium luminaries, with down cast fixtures, not to exceed 0.10 foot candles on E. Harmony Road. The poles will match the overall center light poles and be constructed 23' high to match the existing lighting. Site lights will match the existing center. Light sources will be shielded. A photometric light analysis is provided to demonstrate compliance with the Land Use Code requirements. Engineering Standards: Utilities: All utilities are stubbed to the site. A 4" sanitary line will be extended from the existing line located at the northeast comer of the site. A 1" waterline will be extended from the existing main located at the northeast comer of the site. Electric and gas will be serviced from existing lines located in the existing drive along the north property line. Drainage: The site complies with the approved drainage for the overall center as well as current drainage criteria adopted by the City. Public Improvements: There are no public improvements associated with development of this site. All public improvements were constructed with the initial development phase for the Harmony -Safeway Marketplace PUD. Building Standards: Measures were taken to provide architectural compatibility with the established architectural character of the overall center. The same colors and materials are incorporated into the design of the structures, which include stone veneer, stucco to match Retail Building "D", cornice/cap flashing to match the Safeway grocery store, and concrete roof tile to match the existing buildings. • Lighting — Internal site lights will match the existing center light standards. Pedestrian lighting and private drive lighting currently exist along the east property frontage. Canopy lighting is restricted to recessed light fixtures with flat lens that will be mounted flush to the canopy ceiling deck. This light design will prevent any onsite and offsite glare commonly associated with fuel canopies. • Setbacks — Generous setbacks are observed in the proposed site layout. • Architectural Design —High quality design has been upheld for this project. The kiosk and convenience store will be constructed with similar exterior finishes as the retail shops, incorporating stucco, concrete roof tile, stone wainscot and canopy columns, and metal framework accents to match the retail buildings. Development of the pad will complete the Harmony frontage with a cohesive presentation. A tower will be added at the northeast corner of the site to compliment the tower entry feature on the east side of the shopping center entry drive. The structures will match Retail Building "D" in color. • Parking and Service Areas — The parking spaces will be striped with Phase II construction of the convenience store. The parking area and fueling activity area will be screened from E. Harmony with a combination of berming and plantings including deciduous and evergreen trees and shrubs in the 83' landscaped buffer. Compliance with General Development Standards Open Space/Landscaping The proposed landscaping supports functional purposes by creating spatial definition of the site as well as creates a buffer between the fuel activity area and the public street. Perimeter landscaping exists along both the Harmony frontage and along the private drive into the center, located immediately east of the site. Combinations of evergreen and deciduous trees and shrubs provide buffering along the perimeter of the pad. The selection of planting materials and landscape design is from the landscape palette approved for the PUD. 46% of the site is provided in landscaping, which meets and exceeds the standards of Division 3.2.1 of the Fort Collins Land Use Code. Additional plant materials added to the existing perimeter plantings exceed minimum planting requirements. The placement and interrelationship of required landscape elements enhances visual continuity within and between adjacent pad developments, and provides visual interest year round. Placement of the shrub beds along the internal fueling area provides additional screening and frames the monument price sign. Access. Circulation and Parking 3.2.2: The proposed development is designed with safety, efficiency and convenience in mind for vehicles; bicycles and pedestrians, both within the development and to and from surrounding areas. Phase I of the project is strictly a vehicular use, with no attraction for pedestrian services. The pedestrian sidewalk connection through the site is proposed 4 This use does not directly abut a residential neighborhood. It is surrounded by commercial development on the north, east and west. The land use area directly south of E. Harmony consists of undeveloped Oakridge Park Business Center and an historic cemetery site. The proposed structures will match the existing retail anchor and center with regard to building materials, color and architectural design components. There will be no outdoor storage or sales of items except as otherwise authorized through the Zoning Code and Harmony Marketplace PUD Declarations of Covenants, Conditions and Restrictions. The Safeway -Harmony PUD is included as the context diagram. This demonstrates compatibility between the proposed project and developed sites within the retail center. Existing development within the center consists of a variety of unrelated mixed -use retail uses and a restaurant. The design offers vehicular access through the existing public street system and pedestrian links through a combination of public and private walkways and pedestrian paths. Building Design: The proposal is a two-phase construction project. Phase I is strictly a fuel facility for vehicular use. Phase II introduces the convenience store, which is oriented with an entrance that faces and opens directly onto an adjacent sidewalk that, has direct linkage to the street sidewalk without requiring pedestrians to cross any intervening driveways or parking lots. The proposed sidewalk will also link the development to the retail center's existing connective paths for pedestrian circulation among the businesses. • The scale and height of the proposed offices are complimentary to surrounding developments within the center in both mass and height. Compliance with Harmony Corridor Design Standards and Guidelines • Harmony Road Setback — The setback zone along the E. Harmony Road frontage was established with approval of the Harmony - Safeway Marketplace Final PUD Site Plan. There is an 83' landscaped setback from the edge of street pavement. The setback also includes berms and a drainage swale. Proposed buildings are located over 80' from E. Harmony Road, exceeding the zoning setback requirements. • A detached, meandering 8' sidewalk/bikepath was installed with the original perimeter and infrastructure construction along the Harmony frontage. In addition; a concrete pad for the planned transit stop was also constructed with the original infrastructure connecting to the direct sidewalk path established to the main retail shops. • Grading — The site grades have been established through previously approved plans for the overall center. This pad will be developed in conformance with the established grades for this site. • Plant Palette — Proposed plantings will be selected from the same palette used for other developments in the center. Compliance with Intent of Zone District The proposed Safeway Fuel at Harmony Marketplace is located within the Harmony Corridor Zone District (HC). The site is further located within the Neighborhood Service Center area. The purpose of the Neighborhood Service Center is to provide a shopping center located in a complex which is planned and developed as a unit, and located within and intended to primarily serve the consumer demands of residents and employees who live and work in adjacent and surrounding neighborhoods. A gasoline service station is one of the limited permitted uses within this zone district. The proposed fuel facility is compatible with the character of a Neighborhood Service Center as outlined in the zone district in the following ways: • Development of this site will further link the pedestrian system. A sidewalk will be constructed with Phase II leading from the Harmony pedestrian system, to the store and connecting -to the existing center. A transit pad was constructed with the original direct sidewalk connection from E. Harmony. Development of Lot 6 will add the required bus shelter for this pad and activate the Transfort route to this center. • The Safeway Marketplace "identity" has been created with the previously approved PUD, which established architectural themes, colors and materials. This development will be compatible with the existing commercial structures. The facility will incorporate the same building materials, color, and architectural elements as the anchor and retail stores. • Additional outdoor space is created through construction of a freestanding tower structure and the installation of a picnic area on site. • Additional landscaping will provide year-round screening of the vehicular activity area from the public street and internal drives. Compliance with Land Use Harmony Corridor Development Standards The proposed fueling/convenience facility meets the Land Use Development Standards of the Harmony Corridor Zone District as follows: Site Desie-n: • Site development is subject to the Site and Landscape Covenants for Harmony Safeway Marketplace PUD, and the Declaration of Easements with Covenants and Restrictions Affecting Land in addition to the Harmony Corridor Development and Design Standards as outlined in the Land Use Code. Pursuant to the real estate contract on the property, Safeway commits to enter into cooperative agreements with adjacent property owners within the center to create a site design in compliance with a comprehensive development plan establishing an integrated pattern of internal drives and pedestrian links, outdoor space, building style and land use. The Harmony Marketplace Declarations of Covenants, Conditions and Restrictions require approvals through an architectural control committee to insure a standard of quality development contextually complimentary to other developments within the center. 2 STATEMENT OF PLANNING OBJECTIVES SAFEWAY FUEL AT HARMONY MARKETPLACE 1426 E. HARMONY ROAD FORT COLLINS, CO Project Description: The Safeway Fuel at Harmony Marketplace project is a proposed fueling and convenience development located with the Harmony Safeway Center at the northwest comer of E. Harmony Road and McMurry The 1.3-acre lot is described as Lot 6, Harmony Safeway Marketplace P.U.D. The proposed development will be a two -phased development as follows: Phase I Construction • Construct an 86' x 43' canopy (3698 so. • Install five multi -product fuel dispensers • Construct a 22' x 12' kiosk (268 so • Install perimeter landscaping and paved area • Install freestanding tower feature • Sod Phase II area until construction of the convenience store • Install the trash enclosure and bicycle rack • Install the secondary ground sign Phase II Construction • Remove kiosk and replace with sixth multi -product fuel dispenser • Construct 46.5' x 60' convenience store (2790 so Stripe parking spaces Add Phase II landscaping Forty-six percent of the site will be landscaped, including an existing landscape buffer, drainage swale and detached sidewalk along E. Harmony Road. Vehicular access to the site is by two curb cuts off the internal private drive of the retail center. Pedestrian access to the site is by a public sidewalk network along E. Harmony Road as well as an internal sidewalk system within the center. There is a bus pad that was installed with the original Safeway center improvements at the southeast comer of the site to provide the option of alternate transportation via Transfort. The subject site is currently owned by SB Properties 22, in care of Wessex, PO Box 44033, Phoenix, AZ 85064. Developer and Contract Purchaser is Safeway, Inc., 1850 Mount Diablo Boulevard, #250, Walnut Creek, CA 94596. Galloway, Romero & Associates will represent the owner and developer for all correspondence and matters related to the development review process for the Project Development Plan approvals. I•� i 6 E e C 6 e C e �*,/� .g P • n P ' ! .Mj�l 7 � • cN e Ig E e e t e c e \e e le e e e e e k e e\ e e • l�,e e`e e g xle g hAg C C t :Y�E {IE C t ! i t t . e : e C C : \Ae C\r• L31S 0. g c cL S C �`fit C x t r ° C o.a o R t C �. o d • O g 9 • p P p n p n n p n v e G e e! e „• a^! e C P e _ _ 500.6'091v 244.60' c e c e e e e e i—•—E- t— —�— I S L t I � Y I I Z SAFEWAY FUELING MO MTC REV S COLLINS. qq p 4 tl o R cmio.m, Rem..e a.x.er.. FORT COIIINS, COLORADO g � � �1 °i�' °+�•"+ "^"'+ zA 1502 E. HARMONY ROAD ra Inw) m-ar. i CONVENIENCE STORE FRONT ELEVATION (EAST) a 1�1— MATERIAL SCHEDULE ® 3mt Nf)n M wYn Wp,. LrmA. f4f O Twew✓.,o- on�.W u,fv mwswf m.Rn m n[ m wT, NI 1 p ac,.cc w.ww ..own Xml,{ Gfi xq fWM fASMf. fwa: ww.. •.,.fn 6 li Y IG f.CG ru LGVGf: ww.n umm w M wff 4q 4t1 WLf tl mx61wNL[ flp4 tlM�fwq Y)>' . mom tivA.f,wwx>. ..ugf.r. rr prf .om.w „ifoftl..° nnn w'O..fan`�f° w.v¢�.umi w CONVENIENCE STORE LEFT SIDE ELEVATION (SOUTH) ..",. v„ . r4 q,C1Y >n. xs 0 6/2= u[ w: WIIEE11 O O O Q Z O K J W OU Z � O -3 fn 3 J Q O Vj VI F, N 0 O O � 4 snEV nnc CONVENIENCE STORE ELEVATIONS 0 s�El la 5 OF 6 CANOPY FRONT (EAST) ELEVATION:.m . erw — v" .'.-r CANOPY FRONT (SOUTH) ELEVATION: — vIl - .. .,EN.". riiErWirr_r;r iruiEr?^ak,. L_rliriiri(r_a,,. KIOSK END (EAST) ELEVATION KIOSK SIDE (NORTH) ELEVATIONI .— .lVx ..11 . -Y . Nf . . -1 KIOSK REAR (WEST) ELEVATION % v11 . 1 -r NOTE: CANOPY SGNACE: MAIMUM ALLOWEO SIGN AREA 15 12 S( PER NORM, EAST AND SEEM FASCMS. GROUND WNACE: MAGMUII ALLOWED IS O] SP PER PACE. WµL SIGWGE: MAXIMUM N101fED ON ME WEST AND EAST WALLS OF CONVENIENCE STORE BUIUMNG IS 2.5' . 40' (IN SP/EIEVAOON), MNIMUM NIOWED ON THE'WEN "0 SCUM WALLS IS 2.5' . 34.9' (87.5 SP/ELIVATION). TOTµ SOUARE FOOTAGE CE NL yGNS ON SITE MAY NOT EXCEED ME TOTAL µ.LOWED SIGN AREA ALL SGWLE MUST BE APPROVED UNDER SEPM M PERMIT. Q m[.oOeWAP�INm aavn mr 0 .A®era sr+.v vna ms v w f Q WWPWWmWPwrd u. 0 Pw.W/a..uWswVW PWI�omw Q PAS rLL ®Ae rr. wv 9luu Q .WWnW nroe�...v n..s W.e� .Iv.u. uuwv rE m give lu.c ® Oec..r T-rNYpO 0O 01P. O 1. We SVOELI 1 KIOSK h CANOPY ELEVATIONS OF Wow ___ ____ ____ _____F--; ------ _ HA M �N..Yr uOAD nwrwa: 11 ru.iwc ems: e �oorurt rrt`w uas. i�°: m n i a riw. .va: IN4 W.YI.Yf Mlh ]..e. f0 n �. SHRUB PUNTING OETNL ... � E PLANTING DETAIL NOTES: i Vaww I LEGEND Firm ® - d. GENERAL NOTES: vaE unun NonEiunoN CENTER OE CoIORAGG 1-800-922-1987 HARMONY SAFEWAY MARKETPLACE LOT 6, `;AFEv' Y FUELING, FT COLLINS? " OLOR A DI FINAL SITE PLAN APPROVAL INDEX CENERAL NOTES I a s cmu sNEn i a c snE PUN .•..•----+.�•� �+�� i 4r a uxUs E PUN nuo rr.a ws s wnI m- • a 6 RMN A CANOP• f A0 S Or f CON IN CE S7M 4 AMNS q rm. �, c a s •.aloNCMG PIAM O LOP4EN1 MiA •— wuAwes.r �.• mr� r u �.vIns 6vn nr� �are3 s M u H.itw PMNING CALCUTAINM'S �uu.av I�•n•1•-0 Nw.w �wil[�fiiu •sra• LEGAL DESCRIPTION BENCNLURK w�vA`m iio IK e.ei. aui uam wrNwr nr. scoN .NortA oEsaPrEA: �s"ioo�w�m a. snlirl` - AIM rNv.uu m Wlp.•. AMN.o • .na..ns UNU•®. 1A01/tV p��� 1'R IA-Y t AIPA Y C Axi6p VIA1 pI1�MAP SIGNATURES AND APPROVALS DeiGt(LIIYeG02 M IMN164tA OLESAS �(An aAm mu USE Aa M uNILL a•NEa a aK r1U•f41N aRWa4 p M6 4rt NM r/O 00 N1S4r UAIn Mf I/AE N[CVI M 6VrI016 AM RSIRCIPS SET rpM p M YO LR TUN zmeCcmC ilnw.in M mu W MMrlosAn As awn p Ai Esi.ew'0 ' �vn Ac i ino�pE a amo a M vn Iau� u �A-II., Aa a 4aw rcma a a s.o p¢ wMss Nr NAn rw vrnv an. soriar'�a�-ems Ana.34 II M OaCN31 P M.M�a a M OF V 1411 OOLp I Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., 33-94F January 18, 2001 P & Z Meeting Page 10 Again, Staff disagrees. Canopy signage can only be allowed on the south elevation which faces Harmony Road, a dedicated public street. The north and east elevations front on a privately owned parking drive aisles and, therefore, are not eligible for signage. Staff has consistently interpreted the Sign Code is such a manner. Although there is a discrepancy between the definition of "street' as found in the Engineering section of the Code versus the consistent interpretation of the Sign Code, Staff relies upon the Sign Code to administer the permitting of commercial signage. Please refer to the attached memo from the Zoning Administrator for further clarification. Staff, therefore, finds that the canopy fascia signs on the north and east elevations are specifically prohibited and do not comply with the Sign Code. In order to focus on these problematic signs and allow the project to move forward, Staff recommends the following condition of approval: Harmony Safeway Marketplace; Lot 6, Safeway Fuel Facility, P.D.P., is approved subject to removal of the canopy fascia signs on the north and east elevations. 4. Transportation Impact Analysis: A revised Transportation Impact Analysis was performed reflecting the changes made within the center since the original (1996) and is included as an attachment. The site was approved under the Preliminary P.U.D. as a retail/restaurant site containing an estimated 6,600 square feet of gross floor area. With all the previous changes and including the present request, there is a slight reduction in overall trip generation for the center and all affected intersections continue to operate within an acceptable level of service. Pedestrian and bicycle level of service has been analyzed and found acceptable. The addition of the transit stop and connecting walkway over the drainage swale promotes transit service to and from the center. The P.D.P. meets the Transportation and Circulation standards of the Land Use Code. 5. Findings of Fact/Conclusion: In evaluating the request for Harmony Safeway Marketplace, Lot 6, P.D.P., Staff makes the following findings of fact: A. The land use, gasoline service station, is permitted in the Neighborhood Service Center as per the Harmony Corridor Plan and the Harmony Corridor zone district. Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., 33-94F January 18, 2001 P & Z Meeting Page 9 (4.) Condition of Approval Staff finds that the location of the south and west flush wall signs on the Safeway convenience store building dominates and negatively impacts the overall architectural character of the building. These signs are out of proportion for such a small structure. In addition, the flush wall signs on the south and west elevations are found to be incompatible with the residential character of the adjacent neighborhood. As a result, the following building standards of the LUC are not met: Section 3.5.3(A): "Purpose. These standards are intended to promote the design of an urban environment that is built to human scale to encourage attractive street fronts and other connecting walkways that accommodate pedestrians as the first priority, while also accommodating vehicular movement." Section 3.5.3(D): "Character and Image. In new buildings and, to the extent reasonably feasible, in development projects involving changes to existing building walls, facades or awnings (as applicable), the following standards shall apply: (1) Site -Specific Design. Building design shall contribute to the uniqueness of a zone district, and/or the Fort Collins community with predominant materials, elements, features, color range and activity areas tailored specifically to the site - and its context. In the case of multiple building development, each individual building shall include predominant characteristics shared by all buildings in the development so that the development forms a cohesive place within the zone district or community. A standardized prototype, design shall be modified if necessary to meet the provisions of this Land Use Code." Staff, therefore finds that the south and west flush wall signs cause the P.D.P. to fail to meet these applicable standards. In order to focus on the problematic signs and allow the project to move forward, Staff recommends the following condition of approval: Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., is approved subject to removal of the flush wall signs on the south and west / elevations of the convenience store. Canopy Fascia Signs and Definition of "Street" The P.D.P. indicates canopy signage on the north, east and south elevations. According to the applicant (letter attached), such signage is allowed because these three elevations front on "streets," as presently defined in the Land Use Code. Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., 33-94F January 18, 2001 P & Z Meeting Page 8 proposed flush wall signage on the south and west elevations to the size of the structure is out of proportion and scale causing the building to fail to meet the architectural building standards of the Land Use Code as found in Section 3.5.3. At 2,790 square feet, the convenience store would be the smallest pad site structure along Harmony Road in the center. And yet, proportionally, the Safeway convenience store would feature more signage than the other three existing pad sites along Harmony Road and twice as much as the Village Inn restaurant immediately to the west. In the chart below, a comparison of the flush wall signage to building square footage ratio among the three existing buildings and the Safeway convenience store is illustrated: Bldg. Signage Pad Sq.Ft. Sq.Ft. Signage/Bldg % Centennial Bank 8,243 230 sq.ft. 2.79% Multi -tenant Retail 5,000 119 sq.ft. 2.38% Village Inn 5,000 90 sq.ft. 1.80% Safeway C-store 2,790 120 sq.ft. 4.3% As can be seen by the table, the Safeway convenience store would feature the most signage as a proportion of the gross floor area. This does not include the canopy, nor its signage, in the calculation. (3.) Signage Allowance Attached is a letter from the applicant stating that the Sign Code allows a certain amount of signage square footage and that all three proposed flush wall signs fall below the maximum signage allowed. Therefore, according to the applicant, all three flush wall signs should be allowed as if "by right." Staff disagrees. The issue is not one of signage allowance but, rather, one of flush wall signage location and its impact on architecture, proportionality, building character and neighborhood compatibility. In the Residential Neighborhood Sign District, flush wall signage is not granted "by right." Not only must flush wall signage meet the test of falling within the parameters of the maximum allowable square footage, but it must also meet the requirements as enunciated in Section 3.8.7(E)(2) which reflects the policies set by City Council in 1993. This is.a two-part test. With flush wall signage on the south and west elevations of the convenience store, the P.D.P. fails the second part of the test. OC N S 4 Le 41 C 4 J ri W gr Z w 1'W A) 7: Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., 33-94F January 18, 2001 P & Z Meeting Page 7 intersections with direct, neighborhood access, to avoid the market -driven tendency to locate at arterial/arterial intersections as found in so many other cities. To help mitigate this proximity of commercial land uses near neighborhoods, heightened design standards were adopted. The regulation of the location of flush wall signs is one example of this mitigation. In the 1990 audit of the Land Development Guidance System, signage regulation was identified as an area that needed further review and refinement. This was affirmed in the City Council 1991-1993 Work Plan where Staff was directed to review the Sign Code and prepare. the necessary changes to address these concerns. This led to the establishment of the Residential Neighborhood Sign District and subsequent changes to the Sign Code. To help guide the Planning and Zoning Board in their consideration of the signage-to- architecture relationship standard, the following language from the Agenda Item Summary and Ordinance No. 141, 1992 is provided: "In general, the concerns include the amount of signage allowed under the current Code, appearance and aesthetics, and compatibility with the neighborhood quality and character." "The proposed Sign Code changes are intended to reduce or eliminate opportunities for abuse of the existing Code which could result in signage which is incompatible with an adjoining residential neighborhood." "Under the proposed changes, the amount and design of signage will be regulated by the Sign Code through the addition of new requirements specifically prepared to address the issue of neighborhood character and compatibility." "The Planning and Zoning Board will continue to review signage in Planned Unit Developments only to the extent that the location of flush wall signs relate to the architectural character of the associated buildings." (2.) South and West Elevation Flush Wall Signs As proposed, flush wall signage is indicated on the east, south and west elevations of the convenience store. Staff finds that the east -facing flush wall sign is appropriate as this elevation features the building entrance. This is typically where flush wall signage is found on a small convenience store. The south and west flush wall signs, however, are found to be excessive given the relative small size of the structure. In other words, the relationship of the location of Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., 33-94F January 18, 2001 P & Z Meeting Page 6 columns will be matching stone veneer. The building and project are compatible with the shopping center. There is one exception to this standard which is discussed below. 2. Mixed -Use, Institutional and Commercial Buildings The building is exempt from the build -to line standard due to the existing 80-foot setback along Harmony. The other two streets are private parking lot drive aisles. The building is setback from Harmony Road in proportion to the other three existing pad buildings. The architecture of the building complies with both the standards of the Harmony Corridor Standards and Guidelines and the General Standards of the Land Use Code. C. Flush Wall Signs on the South and West Elevations of the Convenience Store The Harmony Safeway Shopping Center is originally part of the Golden Meadows Master Plan and, therefore, located in the Residential Neighborhood Sign District. The Sign Code allows the Planning and Zoning Board to review the location of flush wall signs on commercial buildings in the Residential Neighborhood Sign District based on the following standard (3.8.7(E)(2): "Signs regulated under this Section shall also conform to any locational requirements imposed by the decision maker as a condition of the approval of the development plan. Except as to location, the decision maker shall not impose more restrictive requirements or conditions than required under this Section." The proposed locations of the flush wall signs on the convenience store cause the building to fail to comply with the building standards that relate to architecture, character and image (Section 3.5.3). (1.) History The Residential Neighborhood Sign District and the aforementioned standard were introduced into the Sign Code in 1993 as a way to help mitigate the introduction of convenience centers into neighborhoods (Neighborhood Convenience Shopping Center — Design Guidelines, Policies, Criteria, 1988). The "Neighborhood Convenience Center" was viewed as a viable land use within a neighborhood in order to promote pedestrian/bike access, reduce vehicle miles traveled, minimize congestion, and improve air quality. Great effort went into steering these centers to arterial/collector Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., 33-94F January 18, 2001 P & Z Meeting Page 5 3. General Development Standards: A. Site Planning and Design Standards 1. Landscaping and Tree Protection The pad site is bordered on two sides (north and east) by private drive aisles and on one side (south) by the 80-foot wide setback from Harmony Road. (The setback in this particular area is a drainage swale.) The west side is bordered by an open area that is owned by Safeway and acts as a "window" to the grocery store from Harmony Road. Trees and shrubs are provided on all four sides of the parcel. The extensive paved area associated with the fuel islands is bordered by a continuous shrub bed on two sides. Foundation shrubs are provided along three sides of the convenience store. The landscaping meets the standards of the Land Use Code. 2. Access Circulation and Parking There is no vehicular access from Harmony Road or the main driveway entrance connecting to Harmony Road. There are two curb cuts on the north side of the parcel along the private east -west drive aisle that connects the pad sites between Wheaton and McMurry. The access and circulation system can accommodate tanker trucks and fire equipment. New sidewalks will be provided on the north and east sides of the pad site. Existing walks are on the south and west sides. The bicycle and pedestrian system will tie into both existing sidewalks. A new culvert over the existing drainage swale will connect the pad site to a transit stop provided by this project. This walk also connects to the entrance of Safeway. Pedestrians and bicyclists can gain access to the convenience store without crossing a vehicular use area. Bicycle parking is provided. The eight parking stalls are below the allowable maximum. The access, circulation and parking system meets the standards of the Land Use Code. B. Building Standards 1. Building and Project Compatibility The convenience store and kiosk feature stone veneer painted a beige color to match the existing building to the east. The projecting roof form matches the grocery store anchor. The canopy will be painted a matching beige. The canopy Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., 33-94F January 18, 2001 P & Z Meeting Page 4 (3.) As a pad site, the project is integrated into the center in both appearance and function. C. Standards — Harmony Corridor Standards and Guidelines In addition to the specific standards associated with a Neighborhood Service Center, the Harmony Corridor Standards and Guidelines also contain the following applicable standards for all retail development, neighborhood convenience shopping centers, neighborhood service centers and community shopping centers: (1.) The convenience store provides an aesthetically pleasing appearance and convenient access on all sides and not merely from the arterial street with one exception to be discussed below. (2.) The massing of the convenience store creates a transition from the edge of the center inward to larger buildings in the interior of the center. (3.) The sides and backs of the convenience store are as attractive and interesting as the front. (4.) The entrance to the convenience store faces east and is, therefore, placed and designed to give clear orientation from the main avenues of approach. The entrance is highlighted with a fagade and roof projection. (5.) The predominant exterior color of the stone veneer on the convenience store is low reflectance and a beige earth tone to match the multi -tenant retail building on Lot 5 to the east. (6.) The architectural elements and detail features are consistent with the other buildings in the center with one exception which is discussed below. (7.) The trash enclosure (stone veneer) and HVAC equipment are screened to minimize the view from adjacent properties and public streets. (8.) Parking lot securing lighting is shielded downward and designed to match the center. Under -canopy lighting will be recessed. Foot-candles are reduced at the property line to minimize impact on adjacent uses. Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., 33-94F January 18, 2001 P & Z Meeting Page 2 store causes the P.D.P. to fail to meet the Sign Code and Building Standards relating to the location and quality of the design and appearance of the structure. The P.D.P. also fails to meet the Sign Code Standard relating to the location of the north and east canopy fascia signs. Two conditions of approval recommend that the two flush wall signs be removed from the convenience store and the two fascia signs be removed from the canopy. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: H-C; Safeway Grocery Store S: H-C; Restaurant and Medical Office — Oak Ridge Business Park E: H-C; Multi -tenant Retail (Lot 5 of Harmony Safeway Center) W: H-C; Village Inn (Lot 7 of Harmony Safeway Center) The Golden Meadows area was annexed in 1977 as part of a 234-acre parcel known as the Harmony Annexation. The shopping center was originally platted as Tract B, Golden Meadows, 5t' Filing, approved in 1980. Originally master planned in the late 1970's, Golden Meadows was one of the first large-scale neighborhoods in the City to propose a mixed -use development in accordance with the Land Use Policies Plan. The objective was to create a neighborhood with housing, shopping, employment and recreational opportunities. All of these uses have been constructed. In addition, and not originally anticipated, an elementary school (Kruse) was later incorporated into the Golden Meadows Industrial Park. In 1984, a Preliminary P.U.D. for a neighborhood shopping center, anchored by a grocery store, was approved on the 17-acre parcel. This P.U.D. ultimately expired. In 1994, a Preliminary P.U.D. was again submitted for a grocery store — based center (King Soopers). On July 5, 1994, City Council adopted Ordinance No. 103, 1994 which established a six month moratorium on.the processing of retail and commercial P.U.D.'s within the Harmony Corridor. On September 15, 1994 the developer for King Soopers filed a lawsuit against the City for adopting the six- month moratorium. On January 3, 1995, City Council adopted the Amended Harmony Corridor Plan and Standards and Guidelines. The six-month moratorium expired on January 13, 1995. The lawsuit filed by the King Soopers' developer against the City was eventually settled. ITEM NO. 6 MEETING DATE 1/18/n1 STAFF Ted Shepard Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Harmony Safeway Marketplace, Lot 6, Safeway Fuel Facility, P.D.P., 33-94F APPLICANT: Safeway Stores 46, Inc. C/o Galloway, Romero & Associates 5350 DTC Parkway Englewood, CO 80111 OWNER: S-B Properties No. 22, Limited Partnership C/o The Barclay Group 8145 N. 86th Place Scottsdale, AZ 85258 PROJECT DESCRIPTION: Request for a P.D.P. within a Neighborhood Service Center for a gasoline service station consisting of a 2,790 square foot convenience store, 268 square foot kiosk, six fueling islands and an 86' x 43' canopy on Lot 6 of the Harmony Safeway shopping center. The project would be built in phases. Phase One consists of the kiosk, five fueling islands and the canopy. Phase Two consists of removing the kiosk, adding one fueling island and the convenience store. Lot 6 is 1.3 acres in size located on the north side of Harmony Road between Wheaton and McMurry Drives. The site is zoned H-C, Harmony Corridor. RECOMMENDATION: Approval with Two Conditions EXECUTIVE SUMMARY: A Neighborhood Service Center is a Type Two permitted use in the H-C zone. A gasoline service station is a permitted use within a Neighborhood Service Center. The P.D.P. complies with the applicable standards of both the Harmony Corridor Standards and Guidelines and the General Standards of the Land Use Code with one exception. The location of flush wall signage on the south and west elevations of the convenience COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box580 Fort Collins, CO80522-0580 (970)221-6750 PLANNING DEPARTMENT Character: Neighborhood streets, or sidewalks and bike paths shall lead into and through the neighborhood service center, so that people who live or work nearby can conveniently use the neighborhood service center. The neighborhood service center shall contain a transit stop with convenient and comfortable access to the uses in the neighborhood service center. (+) ► The appearance and function of the neighborhood service center shall be effectively integrated with the surrounding neighborhoods, not segregated from them: (+) ► A neighborhood service center should look and function as a "social and identity" center for the neighborhood. Its buildings should create pleasant and readily identifiable outdoor spaces, such as a plaza and/or major walkway, where people can meet, rest or wait. (o) ► Careful design and placement of buildings and uses in a Neighborhood Service Center can create an effective transition from the rest of the neighborhood. The negative effects of large buildings, noise, traffic, and exhaust should be contained within the Neighborhood Service Center. (o) HARMONY CORRIDOR COMMUNITY SHOPPING CENTER General Deimition: A shopping and service center located in a complex which is planned and developed as a unit, and intended to serve consumer demands from residents and employees who live and work in surrounding neighborhoods as well as the community as a whole. A community shopping center provides, in addition to the convenience goods of a neighborhood service center, a wider range of facilities for the sale of goods, such as (but not limited to) food, books, apparel and furniture. Multi -family residential, as well as non -retail employment generating uses (such as professional offices) may be located amongst the retail component of the center. Scale: A neighborhood service center shall be situated on seven (7) to twenty (20) acres. (+) . Generally, a neighborhood service center should occur on 10 - 15 acres. A center may be larger than 15 would s if necessary toa allow an for the siting of secondary P effective transition from the adjacent residential neighborhood. (0) A neighborhood service center shall contain at least sntr x (6) independent business establishments with separate public (+) ► A neighborhood service center continues the City's tradition of having small neighborhood shops supplementing a grocery store or supermarket. One building offering several different services or goods is not considered a neighborhood service center. (0) A neighborhood service center shall contain 50,000 to 12U,000 square feet of gross floor area. A neighborhood service center m­'_Y contain an additional 10,000 square feet of gross floor area of secondary uses (for a total of not more than 130,000 square feet of gross floor area) if necessary for the purpose of providing an effective land use transition from the adjacent residential neighborhood. (+) ► The scale of a neighborhood service center should be compatible with its immediate and surrounding neighborhood. The placement of secondary uses should create an effective land use transition between the more intensive retail uses in the neighborhood service center and adjacent residential uses. (0) No retail establishment occupying more than twenty-five thousand • except a supermarket arkeefeet of shall be permitted which does floor area shall s not exceed 49,000 a superman square feet of gross floor area. (+) SHOPPING CENTER DEFINITIONS The following standards and guidelines are intended to be used in the definition of proposed shopping centers and shall subsitute for and otherwise replace and supersede any conflicting definitions contained in the City Code. These definitions apply only to shopping centers located in the Harmony Corridor. HARMONY CORRIDOR NEIGHBORHOOD SERVICE CENTER General Dermition: A shopping center located in a complex which is planned and developed as a unit, and located within and intended to primarily serve the consumer demands of residents and employees who live and work in adjacent and surrounding neighborhoods. Typically, a neighborhood service senter shall contain a grocery store or supermarket. Permitted Uses: • The principal uses shall be limited to grocery stores, supermarkets, personal services, business services, gasoline service stations, drug stores, standard or fast food restaurants, liquor and wine sales, clothing and accessory shops, equipment rental (not including outdoor storage), hardware stores, video stores, and uses of similar character as determined by the Planning and Zoning Board. n____�__. ..��.. ..L..11 L.. I:....:r..A �.. ......0 ....:......1 ..FF...e� L....L...,...i Harmony Corridor 5�ma �J CHART A-2. NEIGHBORHOOD COMPATIBILTTY CRITERIA fA �1f — / F A-2.14 Signs W � S , Are flushwall signs positioned to harmo ' with the architectural character of the building(s) to which they are ttached, including but not limited to any projection, relief, cornice, c lumn, change of building material, window or door opening? Do flushwall signs align with other such signs on the same building? For Projects Located Outside of the Residential Neighborhood Sign Di ri : Are all signs in the project in compliance with the requirements of Chapter.29, Article. IV of the City Code (the Sign Code)? PURPOSE The Residential Neighborhood Sign District has been established for the regulation of, signs for non- residential uses in certain areas of the city which may be impacted by signage because of their predominantly residential use and character. The district includes neighborhood service centers. neighborhood convenniience shopping centers, business services uses and auto -related and roadside commercial uses that are in proximity to existing or planned residential areas. For those developments located within the Residential Neighborhood Sign District, the Planning and Zoning Board will review the location of all proposed flushwall signs. All other aspects of signage for developments within the. district will be regulated by the City's Sip Code. A map delineating the district is available at the Planning Department. J60gio" E'b Ad r 'COV,/VCL'lbB, t 0O'AD0WJ Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised March 1994 /elGK aA E;r/K If Gos D eW -50- NEIGHBORHOOD CONVENIEN SHOPPING CENTER CE • DESIGN GUIDELINES • POLICIES • CRITERIA City___of.Fort Collins- -- FORT COLLINS, COLORADO 1 STATE OF COLORADO ) 2 ) TRANSCRIBER'S CERTIFICATE 3 COUNTY OF LARIMER ) 4 I, Marcela T. Losh, a Shorthand Reporter and Notary 5 Public, State of Colorado, hereby certify that the foregoing 6 proceedings, taken in the matter of the application by 7 Safeway Market, Lot 6, Safeway Fuel Facility, and recorded 8 on Thursday, January 18, 2001, at 300 West Laporte Street, 9 Fort Collins, Colorado, was duly transcribed by me and 10 reduced under my supervision to the foregoing 30 pages; that 11 said transcript is an accurate and complete record of the 12 proceedings so taken. 13 I further certify that I am not related to, employed 14 by, nor of counsel to any of the parties or attorneys herein 15 nor otherwise interested in the outcome of the case. 16 Attested to by me this 23rd day of February, 2001. 17 "N. 19 ���GE�I► T. 4 sy 20 201&ek MW'- O 1 v'� PUB1�G Qom: 00 9T 2 2 �FrOF C�, ,��%� 23 24 25 Marcela T. Losh,/ r Meadors Court Reporting, LLC 140 West Oak Street, Suite 266 Fort Collins, Colorado 80524 (970) 482-1506 My commission expires January 3, 2005. 29 1 CLERK: Meyer. 2 MS. MEYER: Yes. 3 CLERK: Gavaldon. 4 MR. GAVALDON: Yes. Okay. That's approved. 5 Thank you very much. Do we have the folks here for Item 6 Number 5, going back to Number 5. Is everybody here and 7 ready? Paul, do we have them here and ready? 8 MR. ECKMAN: Pardon me? I think -- I think 9 everyone's here, so we can go with Item Number 5. Is' that 10 correct? 11 MR. GAVALDON: Okay. 12 (Inaudible) 13 MR. ECKMAN: So we can get started? Okay? 14 MR. GAVALDON: Okay. Let's go ahead and just 15 take a quick five minute break allowing everyone to get 16 ready. We'll come back in about 5 to 7 minutes. 17 (Recess taken at 7:15 p.m.) 18 19 20 21 22 23 24 25 28 1 signs on the south and west elevations of the convenience 2 store because they fail to meet the sign code standard, 3 3.8.7(E)(2) relating to location, and building standards 4 3.5.3(A) and 3.5.3(D)(1) relating to the character and 5 image. 6 MR. TORGERSON: Second. 7 MR. GAVALDON: Okay. We have a motion moved and 8 second. Do we have more? Any discussion? I just wanted 9 to bring up one thing; rf we could. The applicant had 10 indicated that they just want to have two signs on the 11 canopy, and that's already in the record, so we have that 12 covered. 13 MR. ECKMAN: Yes. They stated that into the 14 record, so that's -- that's what they're bound by per your 15 approval. 16 MR. GAVALDON: Okay. Great. Any other 17 discussion? Okay. We're ready for a vote. 18 CLERK: Bernth. 19 MR. BERNTH: Yes. 20 CLERK: Torgerson. 21 MR. TORGERSON: Yes. 22 CLERK: Colton. 23 MR. COLTON: Yes. 24 CLERK: Carpenter. 25 MS. CARPENTER: Yes. 27 1 We know that there could possibly be the extreme 2 example where you have those old, little MotoPhoto things 3 out in parking lots which could probably have more signage 4 allowance and square footage of building. Would we want 5 that building to have that much signage? Well, the 6 standard says that we can look at that. In the 7 Residential Neighborhood Sign District only, of course. 8 That's where we are. 9 And so that's where we -are coming from. We're 10 simply saying that contextually -- from a site 11 perspective, a small building on a small pad in the 12 Residential Neighborhood Sign District, in a very 13 sensitive shopping center, that was designed with a lot of 14 citizen input -- that this particular building needs to 15 have a little better relationship of its flushwall signage 16 to its architecture; mass -scale proportionality. 17 MR. GAVALDON: Okay. Any other questions? Are 18 we get getting close to a motion? I'd do motions entered 19 were I could, but if anyone wanted to take a shot at it we 20 need a new motion maker. 21 MS. CARPENTER: I'll take a shot at it. 22 MR. GAVALDON: All right, Jennifer. 23 MS. CARPENTER: I move we approve the Harmony 24 Safeway Market Lot 6, Safeway Fuel Facility subject to the 25 following condition: that the removal of the flushwall 26 1 we getting close to a motion? 2 MR. COLTON: Ted, I was just wondering if you 3 could go through the staff's explanation about the first 4 condition again since we just heard the applicant's -- 5 MR. SHEPARD: Right. Again, we're coming at 6 this from the perspective of the totality of the site. 7 The site has a potential of six fuel stations, a canopy, 8 and a C-store -- a pad site. It's the smallest pad site 9 _ in the center. It's the smallest building in the center. 10 And from that kind of context, what kind of aesthetic 11 image will this center have in it's relationship to Golden 12 Meadows? That's where we're coming from. 13 When we reviewed Village Inn, you'll recall that 14 we went through two public hearings on that item over 15 these same issues. And I think the result is that we're 16 all pretty pleased how that came out. So we're looking at 17 the interrelationship between signage and architecture. 18 We know that the sign code grants allowance, but 19 it also -- the code also allows us to look at the 20 relationship of signage to architecture. If it were just 21 an allowance issue, then we wouldn't have this 22 architectural-signage relationship standard. We would 23 just have the sign code. But we do have the standard, and 24 the intent of the standard is to relate signage to the 25 building. 25 1 MR. SHEPARD: Well, I believe that's a question 2 better directed to the applicant. I believe Mr. Moore is 3 referring to the east elevation where they are showing two 4 flushwall signs. 5 MR. GAVALDON: Uh-huh. 6 MR. SHEPARD: That's fine. We have no objection 7 to flushwall signage on the east elevation. That's not 8 the issue That's the entrance. That's where it belongs. 9 So that question might be better directed to Mr. Moore. 10 MR. GAVALDON: I just wanted to get your take on 11 it because we were just looking at the earlier drawings, 12 and he just discussed the second one. I want to get some 13 clarity. Okay. Okay. Anyone else want to bring up 14 anything? Okay. Go ahead, Mike. 15 MR. TORGERSON: This might sound absurd, but I'm Jf 16 just curious, -i-& the code could be interpreted this way. 17 In the character and image area, it talks about variation 18 of massing, and that you're not supposed to exceed a 19 height -to -width ratio of 1 to 3. And then, if you look in 20 the back at the definition of "building," this canopy 21 seems to fall under the definition of building. 22 MR. SHEPARD: We don't interpret the canopy to 23 fall under those standards. 24 MR. TORGERSON: Okay. 25 MR. GAVALDON: Okay. Any more questions or are 24 1 logo -type sign, so when you look at the elevations, that 2 box is 30 inches tall to allow for logos to fit within it. 3 Unfortunately, we don't know at this point what 4 the signs will be so we can't show you replicas of what 5 they would be on these buildings. But I've made up some 6 catchy names that I'm going to put on the Web for future 7 use. 8 In any case, that's pretty much our case, and I 9 think at this point I will ask for your support and 10 approval for this project and for the signs that we 11 requested. And I'd be happy to take questions. 12 MR. GAVALDON: Thank you very much. Is there 13 any Board questions for staff or the applicant at this 14 time, or do we want to go to citizen input? Okay. Thank 15 you very much. Is there anyone in the audience that would 16 like to speak to the topic the Safeway fuel? Anyone? 17 Okay. Seeing that we have no one wanting to speak, we'll 18 bring it back to the Board and close public comments at 19 this time. Any Board members with any questions they 20 would like to bring up? 21 Ted, I have a couple. Could you address the -- 22 the first condition about the flushwall signs, and -- 23 let's see -- it's talking about the second sign. He had 24 the primary sign above and then about a second sign that 25 he was showing up in his drawings? 23 1 footprint of that building is almost the size of the 2 C-store that we're talking about. 3 Third point, "Signage is out of proportion when 4 compared with other pad sites and their signage." Well, I 5 think you can look at these photographs. Unfortunately, 6 of course, the photographs are all at a different scale, 7 but in the one that shows the south and the east, they are 8 approximately the same scale as the Blockbuster. So you - 9 can look at the Blockbuster signs and look at our signs, 10 and I think we're very much in scale with that. 11 There is no standard that requires, or even 12 permits, using comparisons with the building amount of 13 signage with the amount awarded to other buildings. The 14 formula of the sign code is building specific, based on r 15 the individual. building's dimensions and street frontages, 16 which are different in each of these cases. 17 I think, in summary, we feel we've met every 18 code requirement in your request, and that we're dead -on 19 with our code issue, that we're within what's allowed 20 under the code. 21 On our wall signs we're showing an area of 30 22 square feet. Because of the restrictions in the sign code 23 to restrict the letters to 2 feet, those signs will 24 probably be closer to 22 square feet rather than 30 square 25 feet. What we have shown is the 30 inches allowed for a 22 1 MR. GAVALDON: Yes. Yes, please. 2 MR. MOORE: When you look at that, you'll see 3 that our signs are relative to the scale of the building, 4 and they're certainly comparable to the scale on any of 5 the other buildings in the site. 6 MR. GAVALDON: Thank you. 7 (Board examines visuals.) 8 MR. MOORE: The second point, "signage isa out of 9 proportion to the size'of the building." Staff states 10 that the signage is out of proportion to the building size 11 and compares -- actually in the square footage of the 12 signs to the square footage of the buildings as evidence. 13 The formula for calculating the allowable amount of 14 signage is not found in the sign code. Not that 15 particular one. They don't look at the square footage of 16 building. Because the city has already determined in 193, 17 with the adoption of the RNSD regulations, that the 18 appropriate method for calculating the allowable amount of 19 signage would be based on the length of the building 20 frontage, not on it's overall square footage. 21 Again staff's comparison is a criticism of the 22 amount signage, and it's not within the Board's discretion 23 to restrict that amount of signage. It's sort of 24 interesting in that table the staff used the total square 25 footage of the two-story building, even though the 21 1 shapes, and we've used materials that are common 2 throughout the center. And I've already talked a bit 3 about those design features which would meet these 4 standards, and I think the staff agreed that the building 5 design meets the architectural standards. 6 Signage, on the other hand, is supposed to be 7 unique to the business it identifies, and it cannot be the 8 intent of the code to have these architectural standards 9 apply to signage,. The result then would be that all 10 signage in the development would utilize the same 11 materials, elements, features, colors, and all other 12 predominant characteristics, defeating altogether the 13 purpose of signage which is to identify particular 14 businesses and to differentiate their individual 15 locations, which are sometimes locatedin very -similar 16 looking buildings. 17 Other staff arguments regarding this location do 18 not appear to be relevant. "Signage is excessive." Well, 19 one of the things I brought to you this evening is that 20 board on the right. And what that shows are the bank 21 building, the Blockbuster building, the elevations for our 22 building, since we don't have buildings we can take 23 pictures of, and the Village Inn. And when you look at 24 the scale of the sign on those elevations -- would you 25 like me to pass it so you can see it more closely? 20 1 locations for these signs, the regulation is silent, it 2 has no standards. Other than that, there is language in 3 the agenda summary for the ordinance stating in staff 4 report which appears to envision that an issue to look at 5 the signs' location relationship to the architectural 6 character of the buildings to which it is associated. 7 This is consistent with the old LDGS standard 8 adopted after the RNSD ordinance was passed. For 9 projects located within the Residential Neighborhood Sign - 10 District are flushwall signs positioned to harmonize with 11 the architectural character of the buildings to which they 12 are attached including, but not limited to, any 13 projection, relief, cornice, column, change of building 14 materials, window or door openings." 15 Do flushwall signs align with other such signs 16 on the same building? Staff cites Section 353(D)(1) as to 17 what the Board should look for in sign location. And this 18 section does give standards for architecture, stating, 19 "The building design shall incorporate predominant 20 materials, elements, features, color ranges tailored to 21 the site and in multiple building developments like this 22 neighborhood center. Each building shall include 23 predominant. characteristics shared by all buildings in the 24 development." And we feel we've done that. 25 We've used materials, we've used architectural ,4 19 1 the code which says that, although the Board may look at 2 appropriate placement of the signs, it may not impose more 3 restrictive regulations than the regulations allowed, 4 which actually determines the amount of signage. 5 Clearly, eliminating two of the three signs 6 permitted in the regulation results in a more restrictive 7 regulation. So we think we're entitled by code to have 8 three flushwall signs on the southwest and the east. 9 Now, you will see on the elevations that I have 10 added a second sign on the east side. It's down below 11 along the sign band. And I did that with the intent of 12 saying to you that it's been our experience with these : 13 types of convenience stores, very often they come in with 14 a second use in the store. And it might be a bank 15 operation, it might be a quick serve restaurant operation, 16 it might be a dry cleaner pickup type of facility. But 17 these are happening more and more regularly, and we expect 18 that there will be two uses in that building in the 19 future, and so we wanted to provide for that opportunity 20 for a second sign and show you where we would expect to 21 put it. So that's why we're showing those two signs on 22 the east wall. 23 So, as I said, we think we're entitled by code 24 to have three signs on the southwest and the east 25 elevations. And, in terms of deciding appropriate 18 1 elimination of the flushwall signs, and basis for this is 2 stated to be the Board's right to review location of signs 3 in the Residential No -Sign District. We believe this 4 violates the clear language and intent of the code. The 5 code regulates the amount and design of flushwall signs; 6 for example, square footage, lettering height, length, and 7 limitation, and that's Section 3.8.70 through 16. 8 And the code also describes the authority 9 reserved to the Planning and Zoning Board under Section 10 3.8.-(Ep, and it says the Board may impose locational 11 requirements as a condition of approval. The Board may 12 not impose more restrictive requirements or conditions 13 than what is required under the regulations. The exact 14 language of that is in -- on Page 6 in your staff report 15 and I won't go through it in detail. 16 In summary, the amount and design of signage is 17 specifically regulated in the sign code. The amount and 18 design are approved by the Zoning Department using 19 specific sign code criteria. The Board looks only at the 20 location of the signs in size and design and number as 21 permitted by the sign code. 22 The staff equates the right of the Board to 23 review location of the signs, for example, where to place 24 permitted signage, with the right to eliminate permitted 25 signage. This is directly contrary to the provisions of 17 1 install two canopy signs? 2 MR. MOORE: Yes. We're installing one on the 3 southeast corner of the canopy and one on the south. 4 There's one on the east side of the canopy on the 5 southeast corner and one on the south side. But I think I 6 would like to put our information into the record anyway, 7 and, if you'll bear with me, I'll quickly get through 8 this. 9 In our view the Residential Neighborhood Sign 10 District regulations governs signs on the gasoline station 11 canopies, and it's section 3.8.7E12. And basically it 12 says, "One flushwall sign or under -canopy sign per street 13 frontage, not to exceed 12 square feet in area, shall be 14 permitted on or under the fascia of the canopy covering 15 the retail dispensing of sales of vehicle fuels." Our 16 canopy signs will actually be 5 square feet, not 12, so 17 we'll in fact have two signs of 5 feet, each as part of 18 this particular use. 19 And, since I think the city is now agreeing -- 20 agreeing with us, if I can confirm that, I won't read in 21 these next few sections which relate to that. If you 22 could confirm that me so we don't need to put that in the 23 record. Save us a little time. 24 On the question of flushwall signs on the south 25 and west elevations, the staff has recommended the 16 1 proposing. There were a number of people that talked 2 about the use issue, but that's not a topic for 3 discussion, so I don't see a problem there. 4 I did want to point out that we did notify far 5 beyond the code requirement of 500 feet from the site, and 6 we actually notified over 1500 feet from the site, so 7 there were over 450 people that were notified of the 8 proposal. 9 And now I'd like -to talk specifically about the 10 sign issuings, and I notice that the city has withdrawn 11 their second condition, which related to canopy signs, and 12 that related to the issue that, in our mind, in the code 13 the definition of street includes private streets as well 14 as public streets. And under that definition it gave us 15 three canopy allowed. . 16 We've decided not to put either a canopy sign or 17 a building sign on the north sides of the canopy or the 18 building because we feel that this residential community 19 can see through this gap between the buildings and would 20 see those signs lit at night. So we thought, well, let's 21 just not have them and not have that issue come up in the 22 future. 23 MR. ECKMAN: Mr. Moore. 24 MR. MOORE: Yes. 25 MR. ECKMAN: So your intention is to only 14 1 this site. 2 The architectural information -- maybe, Ted, now 3 we can go on the architectural elevations, please. Thank 4 you. We'll talk about the building first. Obviously 5 we've upgraded the architecture from what would be a 6 standard type of Safeway type of fueling facilities with 7 roof elements and quite a bit of architectural details 8 along the walls on both sides. We've included a 9 stone -type of material on the base and stucco above. The 10 colors match the colors that are used throughout the 11 center and what I've done -- this board down in the 12 foreground is the whole center. And I've brought it in 13 just so you see the location that we're in relative to all 14 the other buildings. This.is the convenience store, this 15 is canopy, the is Blockbuster, this is the bank, this is 16 Long's Drugs with the associated retail, this is Safeway 17 with their associated retail. This is the Village Inn and 18 this is the unbuilt pad. 19 One of the things that we tried to do on this 20 site was to work with the neighborhoods, and we had a 21 meeting with members of the board of Golden Meadows early 22 on, and they had no concern, and they took this to their 23 full board and came back with a letter that's in your 24 packet that says they have no concern of this use at that 25 location. 13 1 possibility that they may decide to put these in, but we 2 did want to include it in the package for you to look at 3 and to get the approval on it depending on what their 4 decision will be. 5 A lot of this part of the site exists, both the 6 landscaping and the pedestrian pathway and the sidewalk 7 into the site in the easternmost laneway also exists. We 8 are -- agreeing to put in another bus stop. There was one 9 approved originally in this location, and built in this 10 location, and staff has requested that we put in a bus 11 stop that's midpoint that would line up with the Safeway 12 sidewalk system that runs up to the front of Safeway up in 13 this location. That's, in our view, not a legal 14 requirement, but we've agreed to do it because it's 15 off -site to our site, and we don't feel it's occasioned by 16 the addition of this use, but we've agreed to do it. 17 We've added a significant amount of landscaping 18 around the site, and I actually have some numbers on that. 19 Looks like about twelve more trees have been added on the 20 site beyond what already exists. The landscaping is in 21 along Harmony and along this driveway. We've also added 22 167 shrubs and also an annual bed of tulips for color in 23 the spring. The bus shelter which will be added to the 24 bus stop over in the left, lower corner is something that 25 will be shared with the city and with the developer of 12 1 Galloway, Romero and Associates. And I also have with me 2 this evening Anne Bowers with Kreager and Associates, the 3 traffic engineer. So if we have questions that relate to 4 those two people, I'll ask them to join us. Thank 5 you for the opportunity to bring this project before you 6 this evening. Appreciate the quick start into it, 7 fortunately we were here, barely. What I'd like to start 8 with is a quick site tour just to 'orient you with the site 9 plan. And obviously you see it in your packets but I want 10 to mention a few things. I don't know if that's showing 11 up very well. That's Harmony on the south, of course. 12 This is the driveway going into this whole shopping 13 center. This is a driveway along the north. That's not 14 working well. That's not much better. 15 Anyway, talking about automobile circulation, we 16 have circulation coming off of the north driveway in two 17 places and accessing the dispensers under the canopy. The 18 fuel truck would come in this street and turn and come 19 into the site, and the fuel tanks are located on the east 20 side of the site. The truck would then turn around, come 21 back out, come across and would exit on McMurray, so they 22 could use the left turn light there to head back. The 23 convenience store, of course, is located on the west side 24 as a future phase, and may or may not get built. We are 25 showing these on many of the Safeway sites with the 11 1 MR. MOORE: Thank you, Mr. Chairman. 2 MR. GAVALDON: Okay. You have thirty minutes 3 of time to present. If you need less that's fine with us. 4 MR. MOORE: Oh, if we need less. Okay. I'll 5 try and make it that way. 6 MR. GAVALDON: Thank you. 7 MR. MOORE: I do need a landscape plan to begin 8 my presentation so -- 9 MR. GAVALDON: Okay. Then we'll just let Ted 10 get that ready for you. 11 MR. SHEPARD: (Inaudible.) 12 MR. GAVALDON: Generally you can set it up in 13 front of the podiums. Could we ask a favor sir? If we 14 can take the two on.your right and put them on towards the 15 floor, then at least we can see the screen and the cameras 16 can still focus on them. Yes. That's perfect. Thank 17 you. The third one's okay where it's at. I think they 18 can. We've got this other here. Okay. Okay. Ted's 19 ready. 20 MR. MOORE: Okay. I'm David Moore with 21 Galloway, Romero and Associates, 5350 Denver Tech Center 22 Parkway, Greenwood Village, Colorado, 80111, (303) 23 770-8884. We're representing Safeway for this fueling 24 station with convenience store. I also have with me this 25 evening John Scales who's an architect with our firm, 10 1 neighborhood representatives. Clearly the intent at that 2 time was that we're going to introduce commercial uses 3 closer to neighborhoods, the trade-off is that they're 4 going to be designed to a heightened level of design than 5 what we're normally seeing or from what we're seeing in 6 other communities. We knew what was happening, we knew 7 what the trend was, and we tried to get ahead of the 8 curve. So that's the basis for Condition Number 1. 9 The only condition that we are recommending to 10 the Board is look at the removal of the flushwall sign, 11 the west and the south elevations of the convenience 12 store, which is part of Phase 2, because this is in the 13 residential neighborhood sign district, it's a very small 14 building and the proportionality, the scale, the character 15 of the building, we feel is overpowered by the amount of 16 flushwall signage on the south and west elevations. Ji to 17 MR. GAVALDON: Okay. Any -&c shots, Ted, you 18 want to go over real quick? 19 MR. SHEPARD: Well, I didn't have time to do 20 that. Let me get over to the machinery and see if I can 21 hit the right buttons. 22 MR. GAVALDON: In the interest of time, we can 23 go ahead and let the applicant start the presentation, 24 and then we might want to take a step back and allow Ted 25 to go through the visuals, if that's okay with you. 9 1 got reverse mode, and we got some design standards. It 2 worked very well for us. In terms of the evolution of 3 these convenience stores and design, we then established 4 the residential neighborhood sign district, which says 5 that signage in these districts is a little more 6 restrictive. The Prospect -Shields area that shopping 7 center is in the district. This shopping center was in 8 the district where signage is slightly reduced. The whole 9 point of these regulations is to allow these commercial 10 areas to serve neighborhoods, placed near neighborhoods, 11 and -- and yet the market incentive was for these things 12 to all go on College Avenue, Harmony Road, or East 13 Mulberry, because that's where the traffic was. So the 14 Guidance System had an all development criteria referring 15 to flushwall signage. When the Land Use Code was written, 16 that was transferred into the Land Use Code, but with less 17 explanatory language. And that might be what we're going 18 to have some issues tonight, and that might be what we 19 hear from the applicant. The explanatory language in the 20 guidance system is more descriptive. It does allow us to 21 look at building character and architecture. In fact, if 22 you go back to the intent of the legislation, I was on the 23 committee that established the Residential Neighborhood AOCenI 24 Sign District and we worked at i6Bee , Shaw Sign, Gardener 25 Sign, all the sign contractors and the developers and the 8 - 1 east elevation, which is the front of the store, the south 2 elevation which is Harmony Road, and the west elevation 3 which faces Village Inn. 4 There will be no other development between this 5 facility and the Village Inn. That will remain open, 6 that's Safeway's parking lot. They've kept that open as 7 sort of a view window to the arterial street, Harmony 8 Road. 9 Staff is recommending this based on the -criteria 10 that we have in the code that allows us to look at 11 flushwall signage located in the residential neighborhood 12 sign district. A little bit of background on that, the 13 residential neighborhood sign district, goes back to when 14 we were first being inundated with convenience stores at 15 arterial -- arterial locations. In 1988 we came up with 16 the -- you'll recall that we came up with the Citizen's 17 Committee, The Neighborhood Convenience Store Design 18 Standards and Guidelines. This actually led to the 19 creation of a new point chart a*el the guidance system. We 20 started to get a better handle on these. One of the last a•{.tee 21 convenience stores to come in ttn4e this was the Circle K 22 on Taft and Elizabeth and we thought that we needed a 23 little more land use regulation towards these things 24 springing up at arterial -- arterial intersections. So we 25 moved them off arterials, got them on collector arterials, 7 1 MR. GAVALDON: Thank you. 2 MR. SHEPARD: And congratulations. This is the 3 -- a PDP. I think what's important to note about this, is 4 that, within the shopping center, the Harmony Safeway 5 Shopping Center, this is the first PDP. The shopping 6 center goes back a few years, and the previous submittals 7 were done as PUDs under the Land Development Guidance 8 System. That's an important distinction here. 9 It is in the Neighbor Service Center. The - 10 Neighbor Service Center is a Type-2 use. What's being 11 requested is a two -phased project. The first phase 12 consists of a pay window, a kiosk, five fueling stations, 13 and the overhead canopy. The second phase would be a 14 removal of one of the fuel islands, and then, or in 15 addition to the fuel island, remove the kiosk and build a 16 2,790 square -foot convenience store. This a pad site. GORAto04 17 It's 1.3 acres in size and it's in the Harmony 18 Zone District. 19 The staff is recommending two conditions of 20 approval, but we would like to, at your discretion, remove 21 the second condition of approval. We would like to stick 22 with the first condition of approval which refers to the 23 location of the flushwall signage. Flushwall signage is 24 being proposed on the convenience store which is part of 25 the Phase 2 of the project. It's being proposed on the 1 CLERK: Colton. 2 MR. COLTON: Yes. 3 CLERK: Carpenter. 4 MS. CARPENTER: Yes. 5 MR. ECKMAN: Mr. Chairman? 6 CLERK: Gavaldon. 7 MR. GAVALDON: Yes. Okay. 8 MR. ECKMAN: Sorry. 9 - MR. GAVALDON: The consent agenda is passed. 10 Paul? 11 MR. ECKMAN: I didn't want to -- I didn't mean 12 to interrupt the vote. The Provincetowne PUD which is 13 Item 5, I understand that some of the persons who are here 14 to represent Provincetowne in that application aren't here 15 yet, and so it's -- if the Chair wishes, I think that it 16 would be desirable if we could switch these two around and 17 go to Item 6 and then do Item 5 last. 18 MR. GAVALDON: Sounds like a very good idea. 19 Thank you very much. So we'll go ahead and move to Item 20 Number 6. Harmony Safeway Market Lot, Safeway Fuel 21 Facility PDP. So if there's any issues in us doing a 22 flip-flop here, we'll go ahead with Number 6. Staff 23 presentation, please. Ed, you're on. 24 MR. SHEPARD: Thank you, Mr. Newly Elected 25 Chairman. 5 1 letting us all work together, and trying to fill your -- 2 carry on some shoes here. Okay. We'll go ahead and run 3 with a regular meeting. Is there anyone on the board, 4 staff, or the audience that would like to pull any of the 5 consent items? That's Items 1, 2, 3, and 4. Is there 6 anyone who wants them pulled? Okay. Seeing none from the 7 audience, none from staff, none from the Board. We'll 8 close that. 9 Cameron, al-1 the minutes we have -- are we 10 missing any of them? 11 CLERK: Yes. May 18th. 12 MR. GAVALDON: May 18th? Okay. Motion for the 13 consent agenda, please? 14 MR. COLTON: I move for approval of the consent 15 agenda, Items Number 1, 2, 3, and 4 with acception of the 16 minutes of the May 18th meeting. 17 MR. BERNTH: I would second that motion. 18 MR. GAVALDON: We have a motion for movement and 19 seconded. Any discussion? Okay. Roll call, please. 20 CLERK: Meyer. 21 MS. MEYER: Yes. 22 CLERK: Bernth. 23 MR. BERNTH: Yes. 24 CLERK: Torgerson. 25 MR. TORGERSON: Yes. m 1 MR. GAVALDON: Okay. Thank you. Thank you to 2 everyone on the board for your support. Let's go with 3 Vice Chair nominations. Opening -- I'm open for 4 nominations for Vice Chair, or if -- 5 MR. BERNTH: I nominate Mikal Torgerson. 6 MR. GAVALDON: Okay. We have Mikal. Any other 7 nominations? Okay. We have Mikal. Any discussion? No 8 speech? 9 MR. TORGERSON: No. 10 MR. GAVALDON: Okay. We'll go with a vote. 11 CLERK: Carpenter. Are we ready for this? 12 Carpenter. 13 MS. CARPENTER: Yes. 14 CLERK: Meyer. 15 MS. MEYER: Yes. 16 CLERK: Bernth? 17 MR. BERNTH: Yes. 18 CLERK: Torgerson. 19 MR. TORGERSON: Yes. 20 CLERK: Colton. 21 MR. COLTON: Yes. 22 CLERK: Gavaldon. 23 MR. GAVALDON: Yes. Congratulations, Mikal. 24 And I want to say, Glen, thank you for a wonderful two 25 years. I appreciate your support and your style and 3 1 MR. COLTON: Okay. We have a nomination for 2 Jerry. Is there any other nominations for anyone else? 3 Okay. I don't see any. Would anyone like to have any 4 discussions? Okay. If not, then let's go ahead and have 5 roll call, please. 6 CLERK: Meyer. 7 MS. MEYER: Yes. 8 CLERK: Bernth. 9 MR. BERNTH: Yes. 10 CLERK: Gavaldon. 11 MR. GAVALDON: Yes. 12 CLERK: Torgerson. 13 MR. TORGERSON: Yes. 14 CLERK: Carpenter. 15 MS. CARPENTER: Yes. 16 CLERK: Colton? 17 MR. COLTON: Yes. All right. Congratulations, 18 Jerry. You did a good job as Vice Chair and I'm sure. 19 you'll do a good job as Chair, and so now I'll let you 20 take over for electing the Vice Chair and for running the 21 rest of the meeting. 22 MR. GAVALDON: Oh, okay. I'll do it from here 23 or you can -- 24 MR. COLTON: We can switch or you can just do it 25 from there. That's fine. 2 - 1 conditions of approval for the Christ Fellowship Church. 2 And third is a request for modification of standard for 3 1045 Garfield. The fourth consent item is the Huntington 4 Hills West, preliminary and final subdivision. And a 5 note to the audience, these are consent items, and consent 6 items are considered noncontroversial, and may be pulled 7 off the agenda by a member of the Board, the staff, or a 8 member of the audience. Both discussion items are final 9 decisions by the Board. We've got two of those this - 10 evening. The Provincetowne PUD, Filing 2, Final Plan, and 11 this was continued from our December 7th, 2000, hearing. 12 We did forward on to the board the meeting minutes, and 13 those were e-mailed to you earlier this week. The last 14 item is the Harmony Safeway Marketplace, the Safeway Fuel 15 Facility PDP, and with that, that concludes my agenda 16 report. 17 MR. COLTON: Okay. Thank you. And before we 18 continue on, tonight is our annual election of a new 19 Chair, which we do every year. So I would recommend that 20 we have a process that first we nominate and elect a 21 Chair, and then we can -- I'll turn over the gavel to that 22 person -- and then we can go ahead and elect a Vice Chair. 23 So, if that's all right with everyone, I open the floor 24 for nominations for Chair for the next year. 25 MS. MEYER: I nominate Jerry Gavaldon. 1 1 MR. COLTON: Good evening. Welcome to the 2 January 18th meeting of the Fort Collins Planning and 3 Zoning Board. Could we have roll call, please? 4 CLERK: Carpenter. 5 MS. CARPENTER: Here. 6 CLERK: Meyer. 7 MS. MEYER: Here. 8 CLERK: Bernth. 9 MR. BERNTH: Here. 10 CLERK: Gavaldon. 11 MR. GAVALDON: Here. 12 CLERK: Torgerson. 13 MR. TORGERSON: Here. 14 CLERK: Craig. Colton. 15 MR. COLTON: Here. Cameron, could we have the 16 agenda review, please? 17 MR. GLOSS: Yes. Good evening, Mr. Chairman, 18 members of the board. All items that were originally 19 advertised for this evening's agenda, except for one set 20 of minutes on your first consent item will be heard this 21 evening. Four consent items appear on your agenda. The 22 first is the meeting of minutes for September 21st and 23 October 5th hearings, and we'll try to complete the May 24 18th minutes as soon as we possibly can and get this on to 25 you. The second consent item is a request to modify final MEETING OF THE PLANNING AND ZONING COMMISSION CITY OF FORT COLLINS, COLORADO Held Thursday, January 18, 2001 At City Council Chambers 300 West Laporte Street Fort Collins, Colorado In the matter of Safeway Fueling Station concerning Safeway Market, Lot 6, Safeway Fueling Station Commission members present: Jerry Gavaldon, Chair Mikal Torgerson, Vice Chair Jennifer Carpenter Judy Meyer Glen Colton Dan Bernth Staff present: Paul Eckman, City Attorney's Office Ted Shepard, Planning Department Peter Barnes, Planning Department Georgiana Deines, Planning Department Harmony Safeway Marketplace, Pad 6, Fuel Facility, P.D.P. — Appeal to City Council March 12, 2001 Page 7 signage may simply be re -allocated in a more sensitive manner. (Staff has suggested that this allowance be re -allocated to the east elevation, which features the front entrance of the convenience store, gas pumps, and canopy.) 4. The Board's elimination of two of the four signs is a violation of Section 3.8.7(E)(2). It is an error for the Board to equate its right to review location of signs with a right to eliminate permitted signage entirely. Section 3.8.7(E)(2) says that although the Board may look at placement of signs, it may not impose more restrictive regulations than the Sign Code. Staff Response: In this argument, the appellant again asserts that an applicant may pick any standard and have it reviewed in isolation independent of other standards in the Land Use Code. By establishing the Residential Neighborhood Sign District, Council recognized the burden of demonstrating design compatibility on commercial development applications when located in close proximity to neighborhoods. The Sign Code standard, 3.8.7(E)(2) allows the Board to look at the location of flush wall signs. If Council did not intend for the Board to then act on a request where the location of flush wall signs was deemed inappropriate, then why enact the standard at all? The fact that locational discretion exists within the standard indicates that the Board may take appropriate action to ensure that the overall character and image of a commercial development is sensitive to the character of existing neighborhoods: Staff finds that by approving the Condition of Approval, the Board did not fail to properly interpret and apply the relevant standards. 5. Even if the Board had been interested in the location of the signs, reliance on the cited sections for determining location would be misplaced because they contain no standards or are not applicable to signs. Absent any locational criteria, any decision of the Board would be arbitrary. Staff Response: The Sign Code is intentionally placed within the Land Use Code because signage, and its visual and aesthetic impacts, is indeed a land development issue as per the General Provisions of Article One. Flush wall signs have considerable influence on the public appearance of a commercial building. The Sign Code does not exist outside of or independent of the all applicable standards relating to the regulation of commercial Harmony Safeway Marketplace, Pad 6, Fuel Facility, P.D.P. — Appeal to City Council March 12, 2001 Page 6 3. The Board eliminated two of the four signs and cited Section 3.8.7 (E)(2) and Sections 3.5.3(A) and (D)(1) as justification. The Board did not merely regulate the placement of wall signage, it eliminated two signs. Staff Response: The issue is not merely one of signage allowance, but, rather, one of flush wall signage location and its impacts on architecture, proportionality, building character and neighborhood compatibility. In the Residential Neighborhood Sign District, flush wall signage is not granted "by right." Not only must flush wall signage meet the test of falling within the parameters of the maximum allowable square footage but it must also meet the intention of Section 3.8.7(E)(2) which seeks to ensure that commercial signage near neighborhoods is non -intrusive. This Sign Code standard was placed into the Land Use Code in 1997 to continue to reflect the policies set by City Council to address the broad issue of mixed -use land planning and mitigating the proximity of commercial uses near neighborhoods. These policies, innovative at the time, set Fort Collins apart from other cities by demanding a high level of commercial design in exchange for strategic placement of land uses. The objectives, then as well as now, are to prevent a string of neighborhood -serving business along arterial streets. Instead, such uses should locate in planned centers, close to neighborhoods, at arterial/collector street intersections. The objectives remain to promote pedestrian/bicycle access, reduce vehicle miles traveled, minimize congestion and improve air quality. Briefly, the pertinent policies are: • 1988 - Neighborhood Convenience Shopping Center — Design Guidelines, Policies and Criteria • 1988 - "Neighborhood Convenience Shopping Center" point chart of the Land Development Guidance System • 1993 — Sign Code addition: Residential Neighborhood Sign District. • 1994 — Harmony Corridor Plan: Neighborhood Service Center — Character Standards By enforcing the applicable standards, the Board was acting on these policies._ The contested Condition of Approval addresses only the location of flush wall signage on the south and west elevation. It does not take away signage allowance. The allowable Harmony Safeway Marketplace, Pad 6, Fuel Facility, P.D.P. — Appeal to City Council March 12, 2001 Page 5 (4.) Section 1.3.3 states: "The General Development Standards contained in Article 3 and the District Standards contained in Article 4 are hereby established and are declared to be minimum standards." (5.) Section 1.4.9 states: "In the interpretation and application of any provision of the Land Use Code, such provision shall be held to be a the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare." From these "General Provisions," Staff contends that the cumulative effects of a development proposal, within the Residential Neighborhood Sign District, taken as a whole, shall be reviewed by all applicable standards. To do otherwise, would not allow the Planning and Zoning Board to evaluate a commercial development's overall design, quality and sensitivity to the character of existing neighborhoods. The Board reviewed the request for wall signs on the south and west elevations in the total context of the development proposal, as per Section 3.5.3(A)(D), not just by the Sign Code standard of Section 3.8.7(E). The Board found that the allocation of allowable signage, in the form of flush wall signage on the south and west elevations of a 2,790 square foot convenience store, with gas pumps and canopy, tipped the scale and caused the project to fail under the "Character and Image" standards. While it is true that Section 3.8.7(E)(2) states that: "Except as to location, the decision maker shall not impose more restrictive requirements or conditions than required under this Section," Staff interprets this to mean that the Board may not interfere with the formulaic standards addressing square footage, height of letters, type of illumination, etc. All the Condition of Approval says is that the portion of the signage allowance that is in the form of flush wall signage on the south and west elevations are out of proportion and scale with the building and site context. Such disproportion fails to comply with the standards as set forth in Sections 3.5.3(A)(D). Staff contends that the Board did not fail to properly interpret and apply the relevant provision of the Land Use Code. Harmony Safeway Marketplace, Pad 6, Fuel Facility, P.D.P. — Appeal to City Council March 12, 2001 Page 4 Staff Response: The appellant's first two arguments point to the issue of how to interpret the Land Use Code in general and how to interpret the Sign Code specifically as it relates to the Residential Neighborhood Sign District. Staff contends that the Land Use Code must be interpreted holistically with all applicable standards having an interrelationship on the outcome of a development proposal.. In this case, Staff contends that there is an inter -relationship between the "Sign Code" standard [Section 3.8.7(E)] and the "Character and Image" standards that apply to the design of an urban environment for commercial buildings (Section 3.5.3). A development proposal must be balanced so as to satisfy both standards, not one at the exclusion of the other. Staff found that the placement of wall signs on the south and west elevation of a small (2,790 square feet) convenience store, with gas pumps and canopy, . so overpowers the architecture and appearance of the store as to render the commercial building out of compliance with the standards relating "Character and Image." The appellant, however, contends that each individual standard should be reviewed as if in isolation and independent from other standards. For guidance on how to interpret the Land Use Code, there are five specific citations in Article One that are pertinent. (Article One establishes the "General Provisions" for the Land Use Code.) (L) Section 1.2.2 states: "The purpose of this Land Use Code is to improve and protect the public health, safety and welfare by: (n improving the design, quality and character of new development. (M) ensuring that development proposals are sensitive to the character of existing neighborhoods." (2.) Section 1.2.4 states: "All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in this Land Use Code." (3.) Section 1.2.5 states: "The provisions of this Land Use Code are the minimum standards necessary to accomplish the purposes of this Land Use Code." Harmony Safeway Marketplace, Pad 6, Fuel Facility, P.D.P. — Appeal to City Council March 12, 2001 Page 3 4. Section 3.8.7(E) Limitations for Nonresidential Districts and Nonresidential Uses in the Residential Neighborhood Sign District. There is hereby established a "Residential Neighborhood Sign District for the purpose of regulating signs for nonresidential uses in certain geographical areas of the city which may be particularly affected by such signs because of their predominant residential use and character. (2) Signs regulated under this Section shall also conform to any locational requirements imposed by the decision -maker as a condition of the approval of the development plan. Except as to location, the decision - maker shall not impose more restrictive requirements or conditions than required under this Section. (13) For the first two hundred feet (200) feet in building frontage length in a neighborhood service center, the maximum sign area permitted shall be equal to one and one -quarter (1114) square feet for each linear foot of building frontage length. For that portion of a building frontage, which exceeds two hundred (200) feet in length, the maximum sign area permitted shall be equal to two-thirds (213) foot for each linear foot of building frontage length over such two -hundred (200) feet. APPELLANT'S ARGUMENT/STAFF RESPONSE: Argument: The Sign Code allows all four signs of the signs proposed. The Residential Neighborhood Sign District allocates the amount and design of signage (square footage, lettering, height, length, and illumination). This Code section [3.8.7(E)(13)] allows the total number of signs proposed (four) and the total amount of square footage (120 sq.ft.). 2. Argument: The Board's only authority is to review the location or placement of allowed signage. Section 3.8.7(E)(2) states that the Board may impose locational requirements as a condition of approval; but shall not impose more restrictive requirements or conditions than required under this Section. Harmony Safeway Marketplace, Pad 6, Fuel Facility, P.D.P. — Appeal to City Council March 12, 2001 Page 2 The Appeal is based on Sections 2-48(b)(1). One specific allegation is made. The pertinent Code sections are stated in italics. The arguments are briefly summarized below in bold followed by a staff response. ALLEGATION: The Board failed to Charter in eliminating two wall store with the Condition of Apr PERTINENT CODE SECTIONS: Section 2.48(b)(1) and apply relevant provisions of the Code and on the south and west elevations of the convenience The Board failed to properly interpret and apply relevant provisions of the Code and Charter. 2. Section 3.5.3 (A) Purpose. These standards are intended to promote the design of an urban environment that is built to human scale to encourage attractive street fronts and other connecting walkways that accommodate pedestrians as the first priority, while also accommodating vehicular movement. 3. Section 3.5.3(D) In new buildings and, to the extent reasonably feasible, in development projects involving changes to existing building walls, facades or awnings (as applicable), the following standards shall apply: (1) Site -Specific Design. Building design shall contribute to the uniqueness of a zone district, and /or the Fort Collins community with predominant materials, elements, features, color range and activity areas tailored specifically to the site and its context. In the case of a multiple building development, each individual building shall include predominant characteristics shared by all buildings in the development so that the development forms a cohesive place within the zone district or community. A standardized prototype design shall be modified if necessary to meet the provisions of this Land Use Code. TO: FROM: THRU: DATE: RE: Community Planning and Environmental Services Current Planning Mayor and Members of City Council Ted Shepard, Chief Planner Greg Byrne, Director C.P.E.S. Cameron Gloss, Current Planning Direct March 12, 2001 Harmony Safeway Marketplace, Pad 6, Fuel Facility P.D.P. — Appeal to City Council The purpose of this memo is to respond to an appeal regarding the January 18, 2001 decision of the Planning and Zoning Board to approve, with one condition, Harmony Safeway Marketplace, Pad 6, Fuel Facility, P.D.P. Section 2-48(b) of the City Code states: "Except for appeals by members of the City Council, for which no grounds need be stated, the permissible grounds for appeal shall be limited to allegations that the board or commission committed one or more of the following errors: (1) Failure to properly interpret and apply relevant provisions of the Code and Charter; (2) Failure to conduct a fair hearing in that: a. The board or commission exceeded its authority or jurisdiction as contained in the Code and Charter; b. The board or commission substantially ignored its previously established rules of procedure; C. The board or commission considered evidence relevant to its findings which was substantially false or grossly misleading; or d. The board or commission improperly failed to receive all relevant evidence offered by the appellant." 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020