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HomeMy WebLinkAboutDISCOUNT TIRE AT NORTH COLLEGE MARKETPLACE - PDP & APU - PDP120024 - SUBMITTAL DOCUMENTS - ROUND 1 - LUC REQUIREMENTSSeptember 19, 2012 Petition for Addition of Permitted Use In conjunction with its application for approval of the Discount Tire preliminary development plan (“PDP”) for a pad site within the North College Marketplace, Kimley-Horn and Associates, Inc. (“Applicant”) on behalf of Discount Tire Co. petitions the Planning and Zoning Board pursuant to Land Use Code Section 1.3.4(B) to add a use (retail stores with vehicle servicing) to the permitted uses in the Community Commercial – North College District (C-C-N) specifically for the proposed site of the PDP and not for consideration of a text amendment to the Land Use Code to permanently add the use to the C-C-N zone district. History Recognizing the need to revitalize and promote economic investment in the long-neglected North College Avenue Corridor, the City’s Advance Planning Department coordinated a public outreach/planning process among stakeholders that resulted in the adoption of The North College Avenue Corridor Plan in March, 1995. One of the recommendations of the plan was rezoning of several parcels into new zone districts, including the rezoning of the undeveloped property now known as North College Marketplace and one other large undeveloped tract east of North College Avenue and bounded by Conifer, Vine and Redwood into the B-C Business Center District, which was accomplished later in 1995. The stated intent of the B-C zone was to provide a transition and a link to the surrounding residential areas with moderate-scale, moderate- intensity mixed uses with pedestrian characteristics like the transitional areas downtown. Although there is nothing in The North College Corridor Plan regarding a proliferation of vehicle or auto related uses, nor is there any policy directed at limiting such uses in these areas in the future, the new B-C zone did not list such uses among those that are permitted. Another new adopted zone district (the H-C Highway Commercial District), however, which encompassed all of the existing developed areas of the corridor adjacent to North College Avenue, specifically limits automobile sales and rental uses to a small percentage (10%) of the entire linear frontage between Vine and the north end of the corridor. With the adoption of City Plan and the accompanying City-wide comprehensive rezoning in 1997, the B-C zone was renamed as the C- C-N zone district and the H-C zone was renamed as the C-N zone district. At that time, the site remained undeveloped. Interest in development opportunities for this property began to emerge in the late 1990’s. A prior owner, recognizing that it would take a great deal of money either from a large national developer, like a supermarket chain, or through urban renewal assistance, or both, to make the significant amount of infrastructure improvements necessary for development of the site, requested in 2002 that supermarkets be added as a permitted use in the C-C-N zone. Pursuant to the Land Use Code provisions in effect at the time, there was no opportunity to add the use to a specific property or area of the zone, therefore, adding the use would have resulted in it being permitted in all C-C-N zoned areas. Such an addition was supported by business owners and residents of the area as a potential catalyst for development of the site and redevelopment of property in the vicinity; the City Council approved the addition of the supermarket use in the C- C-N zone and, thereafter, in 2003, increased the minimum size of a supermarket to 45,001 square feet. In 2004, the Urban Renewal Authority approved the North College Urban Renewal Plan citing the need to encourage redevelopment and infill development in the corridor where it would be beneficial to existing residents and businesses and provide stimulus for redevelopment. After extensive community outreach, the City adopted an update to the North College Corridor Plan in 2007 in response to changes, new information and issues that had been emerging over the years. The commitment to revitalization of the area remained strong in the update, with the focus being on promoting growth, economic development and infrastructure improvement while protecting the area’s distinct character and improving its overall identity and appearance. In this update, it is specifically noted that certain vehicle-related uses (in particular, used-car and truck sales) had created negative effects on the area’s image, identity, investment and values and spin- off activities, and that such impacts had resulted in limits being placed on those uses after the original corridor plan. The update also recognized that the concern about the proliferation of other vehicle related uses was less pronounced and it emphasized that such uses could remain and contribute positively to the corridor: Vehicle-related uses are expected to remain a prominent part of the North College economy and market for some time, even as the city and its market continue to evolve around the corridor. There is general agreement that vehicle-related uses can fit into a more mixed commercial district, along with more active, attractive, and valuable urban uses, using design and public improvements. (See North College Corridor Plan, page 19) It is also noted in Policy LU 1.1 of the plan that “high multiplier” uses, like retail sales, create opportunities for economic activity and synergy with surrounding uses, and that zoning in the North College Avenue Corridor should continue to allow for a very broad mix of uses and businesses that are realistic for market conditions. Thereafter, in 2008, City staff initiated a rezoning of the property from C-C-N to the Commercial-North College District (C-N) to expand the range of commercial uses, particularly more auto-related uses, consistent with the rest of the North College Avenue corridor, completing a shift toward a more realistic and appropriate zoning for the property. Staff argued that making a wider range of uses available was needed to make development feasible, since the use limitations of C-C-N zone coupled with the costs and constraints of the site made development prohibitive. Staff specifically stated that supermarket shopping centers are highly capitalized uses which could overcome the costs and constraints of this site, and that a supermarket anchor was likely to require certain associated uses, like gas stations and/or drive- through restaurants – all of which would be permitted under the C-N zoning designation – resulting in the achievement of numerous goals for infrastructure improvements and economic revitalization of the corridor. Although convinced of the need to spur development, the Planning and Zoning Board did not approve the rezoning, stating that the more appropriate avenue for change was the addition of a permitted use process in which they could do a full review the exact development proposal for compatibility. Shortly thereafter in 2008, the North College Marketplace developer presented to the City Council its conceptual plan for a supermarket-anchored shopping center including a 123,000 square foot supermarket, attached in-line shops and outlying pad sites for a gas station, bank, restaurants and retail shops. The developer also, in line with the direction of the Planning and Zoning Board, submitted a request for the addition of gas stations and drive-in restaurants to the C-C-N zone for this specific site. The APU request was approved. With the approval of the subsequent development plan applications and the construction of the King Soopers supermarket, bank, gas station and retail shops on the property, North College Marketplace now operates as a successful shopping center development that generates property tax increment for the benefit of the North College Corridor and continues to draw interest from businesses desiring to locate there. The vision for the property originally conceived with the B-C zoning in 1995 has not come to fruition due to the overwhelming infrastructure requirements and the market demand for a traditional neighborhood shopping center with typical supporting uses at this location. Notwithstanding the foregoing, the project has been developed consistent with the goals of the North College Corridor Plan and the North College Urban Renewal Plan. Additionally, it’s important to note that of the uses developed on the site to date, approximately 80% of the constructed square footage were not originally permitted uses in the C-C-N zone but such uses were instead approved pursuant to subsequent amendments to the C-C-N zone or through the APU process. What is important, given this, is not that the remainder of the pad sites in the North College Marketplace fit squarely into the list of permitted uses for the C-C-N zone, but rather that each use has been and can be individually evaluated and conditioned with the key concepts of the North College Corridor Plan including the quality of materials, design, landscaping, architecture, orientation, days and hours of operation, and the compatibility requirements embedded in the APU process. APU Request Applicant is requesting that retail stores with vehicle servicing be allowed in the C-C-N zone district, but only for this specific site. Applicant is not requesting that the addition of retail stores with vehicle servicing as a permitted use be considered for a text amendment to the Land Use Code that would add this to list of permitted uses for all C-C-N zoned property. Compliance with Requirements of Section 1.3.4 1.3.4 Addition of Permitted Use (A) Required Findings. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, and upon the petition of the applicant or on the Director's own initiative, the Director (or the Planning and Zoning Board as specifically authorized and limited in subsection (B) below) may add to the uses specified in a particular zone district any other similar use which conforms to all of the following conditions: (1) Such use is appropriate in the zone district to which it is added; Considering the evolution of the North College corridor and this site in particular since the adoption of the North College Corridor Plan and the North College Urban Renewal Plan, and given that this site is currently developed as a traditional neighborhood shopping center with typical supporting uses, the Discount Tire shop use is appropriate for this property in this zone district. Discount Tire is a moderate intensity use, and constructs a superior quality facility consistent with the intent of the C-C-N zone and the intensity of other uses permitted in the zone, providing retail tire sales and installation without the uses that are typically considered to be more intense: fuel sales, auto body repair, oil changes and repairs. (2) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added; The Applicant has collaborated with City Staff to develop a carefully planned site/building layout, quality architecture and landscaping that are sensitive to the surrounding developments, the use will help create a transition and link between this commercial area and the neighborhoods in the vicinity consistent with the basic characteristics of the C-C-N zone and the other permitted uses in the zone. (3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added; Discount Tire offers retail sales of tires and installation, but does not provide fuel sales, auto body repair, oil changes and mechanical repairs and, therefore, does not create any more offensive or objectionable influences or any more adverse impacts, environmental or otherwise, than the amount of impact that would normally result from other permitted uses in the C-C-N zone. Because tire installation occurs within the service bays utilizing standard equipment with mufflers to reduce sound levels, impacts on adjoining properties are considered to be at “normal” to “comfort” levels typically comparable with individuals talking from 3 feet apart (reference the Acoustical Study submitted within the PDP Application). There is no heat, smoke, odor, glare or other objectionable impacts that result from the use. Because no fuel sales, auto body repairs, oil changes or mechanical repairs will occur at Discount Tire and tires are stored within the limits of the proposed building, there are no environmental impacts associated with the use. Entrances and exits from the Discount Tire pad site and traffic circulation patterns within the North College Marketplace ensure that traffic hazards are minimized, and the amount of daily traffic generated by the Discount Tire use is consistent with other traditional shopping center uses and other permitted uses in the C-C-N zone. (4) Such use is compatible with the other listed permitted uses in the zone district to which it is added; A Discount Tire shop is compatible with the other permitted uses in the C-C-N zoning district and those uses which have been added to the zone for this site and are commonly found in similar grocery anchored shopping centers. All such uses provide to the North Fort Collins residents that are in demand in a conveniently located and efficiently operated shopping center. (5) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility; The use requested is not a medical marijuana dispensary or cultivation facility. (B) Planning and Zoning Board Authority and Limitation. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, the Planning and Zoning Board may add a proposed use if the Board specifically finds that such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1, provided that such addition of a proposed use by the Planning and Zoning Board must be specific to the proposed site and shall not be considered for a text amendment under subsection (C) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. The addition of retail stores with vehicle servicing on this specific site would not be detrimental to the public good. Potential negative impacts to the neighborhoods in the vicinity are mitigated by the carefully designed site/building layout and orientation, the quality architecture and landscaping. The PDP complies with the compatibility and transition standards contained in Section 3.5.1 of the Land Use Code as follows: 3.5.1 (A) Purpose. The Applicant has partnered with Staff specifically related to the site layout, architecture and landscaping through a series of iterations to achieve project compatibility with the overall development as well as sensitivity to adjacent developments. The site layout was developed to orient the building service bays internal to the development and away from North College Avenue. The standard Discount Tire architecture has been enhanced to create the “North College Marketplace Discount Tire” which blends with the overall development. Landscaping has been designed to complement the overall development while provide a visual screen through the use of tiered perimeter and internal landscaping. 3.5.1 (B) Architectural Character. The architecture has been designed to complement the established architectural character of adjacent development within the North College Marketplace as well as achieve the architectural intent of the concept approved for the overall development plan. Features including but not limited to architectural materials, building projections, varying roof lines and glazing have been utilized to modify the proto-typical Discount Tire architecture into the “North College Marketplace Discount Tire”. Please reference the architectural elevations submitted within the PDP application. 3.5.1 (C) Building Size, Height, Bulk, Mass, Scale. The proposed building is similar in size and height to the buildings on other pad sites within the North College Marketplace. To further mitigate any potential concerns about the bulk, mass or scale of the building, the architecture has been designed to include building projections, varying roof lines, building façade articulation and varying overhangs to achieve the architectural intent, massing and scale approved with the overall development plan. 3.5.1 (D) Privacy Consideration. The service bays face interior to the development; therefore, minimizing exposure to North College Avenue and surrounding developments. The Applicant has worked with City Staff to develop a landscape planting plan utilizing perimeter and internal landscaping to provide a visual buffer from adjacent developments. In addition, the King Soopers building serves as a visual and sound barrier between the adjacent neighborhoods and the Discount Tire building. 3.5.1 (E) Building Materials. The architecture has been designed to complement the established architectural character of adjacent development within the North College Marketplace as well as achieve the architectural intent of the concept approved for the overall development plan. Features including but not limited to architectural materials, building projections, varying roof lines and glazing have been utilized to modify the proto-typical Discount Tire architecture into the “North College Marketplace Discount Tire”. Please reference the architectural elevations submitted within the PDP application. 3.5.1(F) Building Color. The Discount Tire building will consist of varying shades of tan, beige, gray, white and champagne which have been developed to compliment and unify the different buildings within the North College Marketplace. Please reference the architectural elevations submitted within the PDP application. 3.5.1(G) Building Height Review. The building does not exceed 40 feet in height. 3.5.1 (H) Land Use Transition. The Applicant has collaborated with City Staff to develop a carefully planned site/building layout, quality architecture and landscaping that are sensitive to the surrounding developments and help create a transition and link between this commercial area and the neighborhoods in the vicinity consistent with the basic characteristics of the C-C-N zone and the other permitted uses in the zone. 3.5.1 (I) Outdoor Storage Area / Mechanical Equipment New as well as used tire storage will occur within the limits of the building. No outside storage of new or used tires occurs on the premises. Trash collection will occur within enclosed trash enclosures which maintain the required distances from public roadways. (1) Areas of loading/unloading and storage have been integrated within the architecture of the proposed building and/or provided internal to the building. At the request of City Staff, a masonry screen wall is proposed to screen the electrical and gas entry along the west elevation from public view. Perimeter and interior landscaping have been designed to provide a visual buffer from adjacent developments. (2) The proposed roof line has been designed to include a varying parapet to screen the rooftop mechanical equipment from view. As previously outlined a masonry screen wall is proposed along the western elevation to limit visual appearance of the electric and gas service entry. Additional conduits, meters, etc. are proposed to be painted to match the adjacent building materials. (3) Conduits, meters, etc. are proposed to be painted to match the adjacent building materials. (4) There will be no temporary or seasonal outside storage. (5) There will be no temporary or seasonal outside storage. (6) The proposed roof line has been designed to include a varying parapet to screen the rooftop mechanical equipment from view. (7) No satellite dishes greater than two (2) meter are proposed with this project. 3.5.1 (J) Operational / Physical Compatibility Standards. The PDP for the Discount Tire use incorporates a number of features that will serve to ensure compatibility with the existing neighborhoods and uses. (1) Standard hours of operation and delivery are consistent with other businesses in the North College Marketplace and vicinity. (2) The service bays open to the interior of the project, instead of toward North College Avenue, to protect the views of vehicles, bicycles and pedestrians. Noise from the activities within the service bays will travel toward the interior of the shopping center, but dissipates to an acceptable dBa within the site, so that no objectionable noise travels offsite. See the Acoustical Study for Discount Tire Company prepared by Robert A. Larabell and Kimley-Horn and Associates, Inc. submitted with the PDP application. (3) Trash receptacles are located in accordance with the Land Use Code requirements. (4) Delivery and loading zones are located on interior of the site, where there is ample buffering to North College Avenue and neighboring residents provided by other buildings, landscaping and distance. (5) The intensity and hours of the site lighting is in accordance with the Land Use Code requirements. (6) No outside vending machines are currently proposed with the project. (7) The number and location of off-street parking spaces proposed is in compliance with the Land Use Code. The request for addition of retail stores with vehicle servicing to the C-C-N zone district is specific to the site of the proposed PDP. The Applicant does not desire that the addition of this use be considered for a text amendment to the C-C-N zone. Such use is not specifically listed as a “Prohibited Use” in the C-C-N zone district. Retail stores with vehicle servicing is not listed as a prohibited use in the C-C-N zone district. See Section 4.19(C) of the Land Use Code. (C) Codification of New Use. When any use has been added by the Director to the list of permitted uses in any zone district in accordance with subsection (A) above, such use shall be promptly considered for an amendment to the text of this Land Use Code under Division 2.9. If the text amendment is approved, such use shall be deemed to be permanently listed in the appropriate permitted use list of the appropriate zone district and shall be added to the published text of this Land Use Code at the first convenient opportunity, by ordinance of City Council pursuant to Division 2.9. If the text amendment is not approved, such use shall not be deemed permanently listed in the zone district, except that such use shall continue to be deemed a permitted use in such zone district for only the development proposal for which it was originally approved under subsection (A) above. The addition of such use is specific to the proposed site. The Applicant reiterates that the request for retail stores with vehicle servicing to be added as a permitted use to the C-C- N zone district is specifically for the proposed site and subject of the PDP submittal. The Applicant does not request consideration for a text amendment to the Land Use Code to permanently add the use to the C-C-N zone district. (D) Conditions. When any use has been added to the list of permitted uses in any zone district in accordance with this Section, the Director (or the Planning and Zoning Board, if applicable) may impose such conditions and requirements on such use as are necessary or desirable to accomplish the purposes and intent of this Land Use Code, to ensure consistency with City Plan and its adopted components and associated sub-area plans, to prevent or minimize adverse effects and impacts upon the public and neighborhoods, and to ensure compatibility of uses. The Applicant is willing to condition approval of this request for the addition of a use with compliance of its PDP submittal to ensure compatibility and consistency with the Land Use Code, City Plan and the North College Corridor Plan, and to prevent or minimize potential adverse impacts upon the public and neighborhoods in the vicinity.