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HomeMy WebLinkAboutTHE GREEN SOLUTION - PDP/FDP - FDP150045 - DECISION - FINDINGS, CONCLUSIONS & DECISION1 CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: March 16, 2016 PROJECT NAME: The Green Solution - Combined PDP/FP CASE NUMBER: #FDP150045 APPLICANT: Kyle Speidell The Green Solution, LLC 700 17 th Street, Suite 2200 Denver, CO 80202 OWNERS: Joe Dice & Ryan Null The Grow Shop LLC P.O. Box 1428 Fort Collins, CO 80522 HEARING OFFICER: Marcus A. McAskin PROJECT DESCRIPTION: This is a request for consideration of a consolidated Project Development Plan/Final Plan to convert an existing medical marijuana center to a retail marijuana store. The subject property consists of 0.305 acres more or less and following final approval of the TGS College Avenue Subdivision, will be legally described as Lot 1, TGS College Avenue Subdivision (the “Subject Property”). The Final Plan proposes the demolition of the rear portion of the existing structure and the construction of a new 2,470 square foot addition, together with other overall improvements to site landscaping, lighting, and drainage. Following completion of the renovations and site-specific improvements, the new one story building will be approximately 4,800 square feet in size. The Subject Property is located at 810 North College Avenue and is located in the Service Commercial (C-S) District. The proposed retail marijuana store is permitted in the C-S District. In accordance with Section 4.22(B)(1)(f) of the Code, the proposed land use is permitted subject to Basic Development Review 1 . 1 As set forth in Section 2.A. (page 4) of the Staff Report, the proposed development on the Subject Property is being processed as a Type 1 review as the application was submitted prior to Land Use Code changes made in December of 2015 modifying the review process for retail marijuana store from Administrative (Type 1) review to Basic Development Review in the Service Commercial (C-S) District. 2 The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Service Commercial (C-S) Indoor Recreation & Retail South Service Commercial (C-S) Vehicle Sales & Retail East Service Commercial (C-S), Community Commercial – North College (C-C-N) Retail, Single-Family Homes West Service Commercial (C-S), Public Open Lands (P-O-L) Retail, Restaurant, Natural Area SUMMARY OF DECISION: Conditionally approved. ZONE DISTRICT: (C-S) Service Commercial District HEARING: The Hearing Officer opened the hearing at approximately 5:45 p.m. on Wednesday, March 16, 2016, in Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado, following the conclusion of the public hearing on the Harmony Ridge PUD Second Replat (FDP #150041). EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as part of the record of this proceeding: (1) Planning Department Staff Report for The Green Solution Combined PDP/FP (the updated Staff Report supplied to the Hearing Officer on March 16 th , a copy of which is attached hereto as ATTACHMENT A; (2) Zoning & Site Vicinity Map; (3) Applicant’s Statement of Planning Objectives dated December 16, 2015 (2 pages); (4) Final Development Plan (2 sheets); (5) TGS College Avenue Subdivision (2 sheets); (6) Remaining Planning Document set including Landscaping Plan, Lighting Plan, Building Elevations, and Floodplain Site Plan; (7) Deed dated August 31, 1967 and recorded in Book 1371 at Page 58 of the real property records of Larimer County, Colorado purporting to grant a 15’ right-of-way 3 easement benefitting the current record owners of the liquor store located to the east of the subject property; (8) PowerPoint presentation prepared by Staff for the March 16, 2016 hearing; (9) Email dated March 16 th from Matthew Hoeven (provided to Hearing Officer at the hearing); (10) Email dated March 16 th from Nate Heckel (provided to Hearing Officer at the hearing); (11) Affidavit of Publication of the Fort Collins Coloradoan dated March 8, 2016 evidencing publication of the Notice of Hearing on March 8, 2016; and (12) Notice of Public Hearing dated March 2, 2016. In addition to the documents described above, City’s Comprehensive Plan, Code, and the formally promulgated polices of the City are all considered part of the record considered by the Hearing Officer. TESTIMONY: The following persons testified at the hearing: From the City: Ryan Mounce, City Planner From the Applicant: Kyle Speidell Eric Speidell From the Public: Scott Bluhm, 830 N. College Ave. Scott Manley, no address provided Sam Leuschen, 3501 Stover FINDINGS 1. Evidence presented to the Hearing Officer established the fact that notice of the public hearing was properly mailed and published. 2. Based on testimony provided at the public hearing and a review of the materials in the record of this case, the Hearing Officer concludes as follows: a. the Application complies with the applicable procedural and administrative requirements of Article 2 of the Code; b. the Application complies with the applicable C-S (Service Commercial) District standards contained in Article 4 of the code; and c. the Application complies with the applicable General Development Standards contained in Article 3 of the Code, with the exception of the following: i. Section 3.2.2(J) – Setbacks. There is insufficient evidence in the record to determine whether the five foot (5’) minimum side lot line setback for the proposed parking area containing ten (10) vehicle parking spaces on the north side of the proposed building has been met; and ii. Section 3.2.2(L). Table A and Figure 4 of Section 3.2.2(L) of the Code requires a two-way drive aisle-width of twenty-four feet (24’). The Hearing 4 Officer has been provided with a copy of the 1967 Deed listed as evidence item #7 on page 2 above purporting to grant a right-of-way and access easement through and across fifteen feet (15’) of property located immediately to the north of the Subject Property for the benefit of the Subject Property. The 15’ access easement is less than the required 24’ two-way drive aisle required by the Code. City Staff is recommending a condition of approval that the project demonstrate existing access agreements are in place or the dedication of access easement(s) at least 24’ wide north of the boundary of the Subject Property to adequately serve the project’s proposed parking and trash enclosure. 3. The Application’s satisfaction of the Article 2 and 4 Code requirements is sufficiently detailed in the Staff Report, a copy of which is attached as ATTACHMENT A and is incorporated herein by reference. DECISION Based on the findings set forth above, the Hearing Officer hereby enters the following decision: The Application (consolidated PDP/Final Plan for The Green Solution, FDP #150045) is approved for the Subject Property, subject to the following three (3) CONDITIONS OF APPROVAL: (1) The Applicant/Owner shall work with City Staff to ensure that the five foot (5’) minimum side lot line setback for the parking area required by Section 3.2.2(J) of the Land Use Code has been satisfied, and the 5’ setback shall be clearly shown on the final plans. (2) The Applicant/Owner shall demonstrate to the satisfaction of City Staff that a minimum 24’ two-way drive aisle width as required by Section 3.2.2(L) of the Code serves the proposed parking area on the northern portion of the Subject Property, through either: a. demonstration that the Owner and Owner’s successors and assigns have the legal right to utilize 24’ to the north of the northern boundary line of the Subject Property for right-of-way and access purposes through deeds, easements, licenses, or similar legal instruments of record, as the same may be recorded in the real property records of Larimer County, Colorado, and existing as of the date of this written decision; or b. demonstration that the Owner has secured new access easement(s) from the record property owner(s) of 814 and 830 N. College Avenue, as necessary, to satisfy the 24’ two-way drive aisle width requirement set forth in the Code, and that the new access easement(s) are in a form acceptable to the City Attorney’s Office. (3) The Applicant/Owner be required to resolve and correct any technical issues as directed by City Staff on the final plans. 5 In lieu of satisfying condition #2 above, the Applicant/Owner may seek a modification to the drive- aisle width standard set forth in Section 3.2.2(L) of the Code in accordance with the procedures set forth in Division 2.8 of the Code. DATED this 28 th day of March, 2016. ___________________________________ Marcus A. McAskin Hearing Officer 6 ATTACHMENT A Staff Report The Green Solution (Combined PDP/FP) #FDP150045 ITEM NO 1 MEETING DATE March 16, 2016 STAFF Ryan Mounce ADMINISTRATIVE HEARING OFFICER Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580 fcgov.com/developmentreview/ 970.221.6750 STAFF REPORT PROJECT: The Green Solution, FDP150045 APPLICANT: Kyle Speidell The Green Solution, LLC 700 17 th Street, Suite 2200 Denver, CO 80202 OWNERS: Joe Dice & Ryan Null The Grow Shop LLC PO Box 1428 Fort Collins, CO 80522 PROJECT DESCRIPTION: This is a request for consideration of a consolidated Project Development Plan/Final Plan to convert an existing medical marijuana center to a retail marijuana store. In addition, the site will be platted and the rear portion of the existing 2,330 square foot building will be demolished to construct a 2,470 square foot addition. In total, the 1-story building will be approximately 4,800 square feet in size. The project site is located at 810 North College Avenue on a .31-acre lot in the Service Commercial (C-S) zone district. RECOMMENDATION: Staff recommends approval of The Green Solution, consolidated Project Development Plan/Final Plan, FDP150045. EXECUTIVE SUMMARY: Staff finds the proposed The Green Solution consolidated Project Development Plan/Final Plan complies with all applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically: • The consolidated Project Development Plan/Final Plan complies with process located in Division 2.2 – Common Development Review Procedures for Development Applications of Article 2 – Administration. • The consolidated Project Development Plan/Final Plan complies with relweevant standards of Article 3 – General Development Standards. Staff Report – The Green Solution, FDP150045 Administrative Hearing 03-16-16 Page 2 • The consolidated Project Development Plan/Final Plan complies with relevant standards located in Division 4.22 Service Commercial (C-S) of Article 4 – Districts. COMMENTS: 1. Background The existing building was constructed in 1952 in Larimer County and the site was later annexed into Fort Collins as part of the North College Annexation in December 1959. The site has been utilized for a variety of retail and office-related uses and is currently occupied as a medical marijuana center. The project location and frontage along North College Avenue fall within the boundaries of the North College Corridor Plan and the US287/SH14 Access Control Plan. These adopted plans lend policy guidance to reducing an overemphasis on vehicle parking, access, and infrastructure immediately along the corridor frontage. A recent City capital improvement project added new multi-modal infrastructure such as bike lanes, sidewalks, and streetscape amenities. In addition, the open access the property had to College Avenue was closed per recommendations from the US287/SH14 Access Control Plan. In the interim, parking and access to the site appears to be coming from a shared driveway north of the project boundaries. The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Service Commercial (C-S) Indoor Recreation & Retail South Service Commercial (C-S) Vehicle Sales & Retail East Service Commercial (C-S), Community Commercial – North College (C-C-N) Retail, Single-Family Homes West Service Commercial (C-S), Public Open Lands (P-O-L) Retail, Restaurant, Natural Area A zoning vicinity map is presented on the following page: Staff Report – The Green Solution, FDP150045 Administrative Hearing 03-16-16 Page 3 Map: The Green Solution Site & Zoning Vicinity Map Staff Report – The Green Solution, FDP150045 Administrative Hearing 03-16-16 Page 4 2. Compliance with Article 4 of the Land Use Code – Service Commercial (C-S), Division 4.22: The project complies with all applicable Article 4 standards as follows: A. Section 4.22(B) – Permitted Uses Retail marijuana stores are a permitted use in the Service Commercial zone district, subject to Basic Development Review. This development is being processed as an Administrative (Type 1) review, as the development application was submitted prior to Land Use Code changes made in December 2015 altering the review process for retail marijuana stores from Administrative (Type 1) review to Basic Development Review in the Service Commercial district. B. Section 4.22(D) – Land Use Standards The maximum building height in the C-S district is 3-stories. The existing building and new addition are 1-story in height and comply with this zone district requirement. 3. Compliance with Article 3 of the Land Use Code – General Development Standards: The project complies with all applicable General Development Standards as detailed below. A. Section 3.2.1 – Landscaping and Tree Protection The proposed landscaping plan is consistent with the applicable requirements of Land Use Code Division 3.2.1, Landscaping and Tree Protection, with additional explanation for specific subsections below: 3.2.1(D) – Tree Planting Standards Seven new trees will be planted onsite to meet tree stocking standards. The new trees will be positioned in a front-yard area and within new islands defining the reconfigured parking area. The new trees meet standards for size, quantity, and minimum species diversity. One tree has been upsized to serve as mitigation for the removal of an existing Box Elder on the south side of the property. Staff Report – The Green Solution, FDP150045 Administrative Hearing 03-16-16 Page 5 3.2.1(D)(2) – Street Trees Canopy shade street trees were previously installed along the College Avenue frontage as part of a capital improvement project along College Avenue in 2014. 3.2.1(E)(2) – Landscape Area Treatment The proposal includes new landscaping areas to meet current Land Use Code requirements. A large area of asphalt located between the building and College Avenue will be removed and planted with turf, trees, and various shrubs. Foundation plantings will also be provided along the new building addition’s north-facing elevation. 3.2.1(E)(4) – Parking Lot Interior Landscaping New landscape islands will define the beginning and end of the reconfigured parking aisle with planted shrubs and trees. The new islands meet Land Use Code requirements that 6% of the parking lot interior be landscaped. 3.2.1(E)(5) – Parking Lot Perimeter Landscaping The parking area for the project will remain abutting the north property line and features no perimeter screening, consistent with the lack of setbacks as described in Land Use Code Section 3.2.2(J) for buildings and uses with shared parking and access. Proposed parking will be accessed off a driveway functioning as partial or shared access to three businesses: 810 N College Avenue, 814 N College Ave, and 830 N College Ave. Attachment 5 includes right-of- way and access language indicating the project site has access to 15- feet north of the project site, but less than the required 24-feet needed for a two-way drive aisle. Additional discussion on the drive-aisle requirement is provided in comments for Land Use Code Section 3.2.2(L). B. Section 3.2.2(C)(4) – Bicycle Facilities The development will add four new protected bicycle parking spaces near the front entrance under a building canopy. The new bike parking spaces meet the four bicycle parking spaces required by the Land Use Code for a retail establishment. Staff Report – The Green Solution, FDP150045 Administrative Hearing 03-16-16 Page 6 C. Section 3.2.2(K) – Parking Lots – Required Number of Off-Street Spaces As part of the proposed redevelopment, onsite parking will be altered to meet current code standards. Although the location of the parking along the north property will not change, the number and orientation of parking will be modified. The current parking configuration features 13 diagonal spaces that do not meet standards for width and depth. After the proposed improvements, 10 wider, perpendicular spaces will remain with associated landscape islands, curb, walkways, and handicap spaces. Minimum parking requirements for general retail are calculated based on two spaces for every 1,000 square feet of floor area. For the proposed 4,800 square foot building, a minimum of 10 vehicle spaces are required, and 10 spaces are proposed. D. Section 3.2.2(J) – Setbacks The reconfigured parking area has been pushed further east of North College Avenue to meet minimum setback requirements for vehicle use areas along an arterial street of 15-feet. E. Section 3.2.2(L) – Parking Stall Dimensions This Land Use Code section sets minimum dimensional standards for parking stalls and drive-aisles. The reconfigured site-parking meets dimensional standards for parking stalls that are 8-feet wide and 19-feet deep. The Land Use Code standard for a two-way access drive serving the parking aisle is 24-feet. The project has provided copy of a deed (Attachment 5) indicating access to a 15-foot strip north of the project site along the shared driveway. Further research and demonstration of access of the full 24-foot width is needed to meet this Land Use Code standard. Staff is recommending a condition of approval that the project demonstrate existing access agreements are in place or the dedication of access easement(s) at least 24-feet wide north of the project boundary to serve the project’s parking and trash enclosure. Staff Report – The Green Solution, FDP150045 Administrative Hearing 03-16-16 Page 7 F. Section 3.2.4 – Site Lighting New building lighting will provide security illumination for building surrounds and the parking area. All light fixtures will comply with Land Use Code standards and will be fully shielded and down-directional. Light sources will use a lower color temperature range to reduce the perceived harshness of some types of LED lighting. G. Section 3.2.5 – Trash and Recycling Enclosures The proposed redevelopment will construct a new trash and recycling enclosure along the rear (east) property line. The enclosure is consistent with Land Use Code requirements and will be built on a concrete pad with separate walk-in access without the need to open the main gates. H. Section 3.5.1(C) - Building Size, Height, Bulk, Mass, Scale The existing building and new addition will be similar in size, height, bulk, mass, and scale to its surroundings. Within the immediate context are other one-story buildings of similar height and scale. The planned rear building has further been articulated through the use of projecting brick pilaster elements and trellises with climbing vines to create building bays of human-scaled proportions. I. Section 3.5.1(E) – Building Materials Materials for the building will be comprised primarily of brick and stucco, matching materials used on other nearby structures. The new building addition will utilize the same brick color and pattern already utilized on the front of the building to create consistency in design. J. Section 3.5.3(C)(2) – Orientation to Build-to Lines for Streetfront Buildings As part of the redevelopment of the site, the existing asphalt vehicle use area between the front of the building will be torn out and replaced with landscaping, meeting standards that do not permit vehicle use areas between buildings and the street. For the construction of a new building, build-to line standards would also require the building to be located at least 10 and no more than 25-feet from the front property line. The existing building is located further than this 25-foot requirement, but as described in the code section concerning redevelopment of existing buildings, there is no reasonably feasible means to achieve this element of the build-to line standard. Staff Report – The Green Solution, FDP150045 Administrative Hearing 03-16-16 Page 8 4. Findings of Fact/Conclusion: In evaluating the request for The Green Solution consolidated Project Development Plan/Final Plan, FDP150045, Staff makes the following finds of fact: A. The consolidated Project Development Plan/Final Plan complies with the applicable procedural and administrative requirements of Article 2 of the Land Use Code. B. The consolidated Project Development Plan/Final Plan complies with relevant standards located in Article 3 – General Development Standards. C. The consolidated Project Development Plan/Final Plan complies with relevant standards located in Division 4.22 Service Commercial District (C-S) of Article 4 – Districts. RECOMMENDATION: Staff recommends approval of The Green Solution, FDP150045 with the following condition:  Applicant shall demonstrate to the City’s satisfaction existing access to the project’s parking and trash enclosure areas or obtain access easement(s) a minimum of 24-feet wide capable of serving the project parking and trash enclosure. ATTACHMENTS: 1. Zoning & Site Vicinity Map 2. Applicant’s Statement of Planning Objectives 3. Planning Document Set (Site Plan, Landscape Plan, Elevations, Lighting Plan, Subdivision Plat) 4. Utility Plan 5. Shared driveway records (15-feet north of project boundary)