HomeMy WebLinkAboutMAVERIK CONVENIENCE STORE & FUEL SALES - PDP - PDP150028 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
5/6/2016
Q:\USERS\FORT COLLINS LAND USE\MAVERIK\DECISION-050616.DOCX
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: April 28, 2016
PROJECT NAME: Maverik, Inc.
CASE NUMBER: PDP150028
APPLICANT: Rick Magness
Maverik, Inc.
c/o Atwell Group
143 Union Boulevard
Lakewood, CO 80228
OWNER: Hana Dul, Inc.
4333 E. Mulberry Street
Fort Collins, CO 80524
HEARING OFFICER: Kendra L. Carberry
PROJECT DESCRIPTION: This Project Development Plan (PDP) proposes a
redevelopment of a portion of an existing commercial property located at 4333 Mulberry Street.
The parcel is 1.77 acres. The PDP includes a 5,505 square foot convenience store, 10 fuel islands,
an overhead canopy and 33 parking spaces. The PDP includes two requests for a Modification of
Standard, one to the build-to line requirement of Section 3.5.3(C)(2)(b) which would have the
effect of moving the store further back from the Southeast Frontage Road, and the second to the
roof form requirement of Section 3.9.5(A)(1) which would allow for a flat roof.
SUMMARY OF DECISION: Approved
ZONE DISTRICT: General Commercial (C-G)
HEARING: The Hearing Officer opened the hearing at approximately 5:30 p.m. on April 28,
2016 in Conference Room A, 281 North College Avenue, Fort Collins, Colorado.
EVIDENCE: During the hearing, the Hearing Officer accepted the following evidence:
(1) Planning Department Staff Report; (2) Addendum to Planning Department Staff Report; (3)
application, plans, maps and other supporting documents submitted by the applicant; and (4) a
copy of the public notice (the Land Use Code (the "Code") and formally promulgated policies 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: Ted Shepard
From the Applicant: Rick Magness, Bryon Glenn
2
5/6/2016
Q:\USERS\FORT COLLINS LAND USE\MAVERIK\DECISION-050616.DOCX
From the Public: N/A
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that the hearing was
properly posted, legal notices mailed and notice published.
2. The PDP complies with the Northern Colorado I-25 Corridor Plan – Regional
Communities (2001) and the I-25 Sub-area Plan (2003).
3. The PDP complies with the applicable General Development Standards contained in
Article 3 of the Code:
a. The PDP complies with Section 3.2.1, Landscaping and Tree Protection, because:
the PDP includes street trees at approximately 40' intervals along the street frontages;
foundation shrubs will be provided on 3 sides of the building; and the rest area is
landscaped with 5 shade trees.
b. The PDP complies with Section 3.2.1(E)(4), Parking Lot Perimeter Landscaping,
because the parking lot includes landscape islands at 6% of the area which complies with
the required minimum for parking lots with less than 100 spaces.
c. The PDP complies with Section 3.2.2, Access, Circulation and Parking, because:
the parking and circulation system is complete and capable of serving the expected traffic
associated with a convenience store and fuel facility located at the intersection of an
interstate highway and a state highway; the driveway along the Frontage Road allows for
traffic to divert to either the parking in front of the store or any one of the 10 fuel islands;
the internal circulation system connects to the motel parking lot in 2 locations without
having to rely on the perimeter roads; turning radii for fuel delivery trucks meet standard
requirements; the drive aisles are of sufficient width so vehicles maneuvering in and out of
the fuel islands do not conflict with cars parked in front of the store or at the rest area.
d. The PDP complies with Section 3.2.2(C)(4), Bicycle Parking, because there are 4
bicycle parking spaces, 1 enclosed and 3 in fixed racks.
e. The PDP complies with Section 3.2.2(C)(5), Walkways, because the PDP provides
for internal private walkways connecting the Frontage Road and the main building
entrance, the side door/outdoor patio to the motel pool area, the patio area and the private
drive, and the Frontage Road and private drive along the front of the rest area.
f. The PDP complies with Section 3.2.2(C)(5)(b), Street Crossings, because the PDP
includes pervious pavers in the southeast and northwest which are dissimilar to concrete,
to give drivers both a visual and tactile cue that pedestrians are expected to cross the
roadway in these locations.
g. The PDP complies with Section 3.2.2(J), Setbacks, because the vehicular use area
is separated from this street by no less than 20', which exceeds the minimum of 10'.
3
5/6/2016
Q:\USERS\FORT COLLINS LAND USE\MAVERIK\DECISION-050616.DOCX
h. The PDP complies with Section 3.2.2(K)(2), Non-residential Parking
Requirements, because the PDP provides for 33 total parking spaces.
i. The PDP complies with Section 3.2.4, Site Lighting, because: all pole and
building-mounted lights feature sharp cut-off and fully-shielded luminaries; the under-
canopy lights will be flush mounted with a flat lens so the lights do not protrude; and the
under-canopy lights will be under the maximum of 26 foot-candles.
j. The PDP complies with Section 3.2.5, Trash and Recycling Enclosures, because
the trash and recycling enclosure will feature exterior masonry materials that match the
building and a solid gate.
k. The PDP complies with Section 3.3.1, Plat and Development Standards, because
the plat includes proper dedication of public rights-of-way and utility, drainage, access and
emergency access easements.
l. The PDP complies with Section 3.5.3(C)(1), Relationship of Buildings to Streets,
Walkways and Parking – Orientation to a Connecting Walkway, because the front of the
building includes walkways that provide pedestrian access in 3 directions.
m. The PDP complies with Section 3.5.3(C)(2)(a)(b), Relationship of Buildings to
Streets, Walkways and Parking – Orientation to Build-to Lines for Streetfront Buildings,
because there is no established building/sidewalk relationship in the immediate area.
n. The PDP complies with Section 3.5.3(D)(E), Commercial Architecture, because
the design of the convenience store includes architectural details to break up the mass and
articulate the facades, and the canopy has a faux mansard design and 3 accent roof
features.
o. The PDP complies with Section 3.6.4, Transportation Level of Service
Requirements, because the Transportation Impact Study demonstrates that the PDP will
maintain the City's adopted Level of Service standards.
4. The PDP complies with the applicable standards contained in Article 4 of the Code for the
C-G zone district.
a. The PDP complies with Section 4.21(B)(2), Land Use, because a convenience store
with fuel sales is a permitted use, subject to administrative review.
b. The PDP complies with Section 4.21(E)(2), Site Design, because the PDP provides
for 2 outdoor spaces, including an outdoor patio and a triangular-shaped area featuring
picnic shelters, tables, a tot lot and a dog walking enclosure.
c. The PDP complies with Section 4.6(D)(3), Land Use Standards – Maximum
Height, because all buildings will be either 2 or 3 stories.
4
5/6/2016
Q:\USERS\FORT COLLINS LAND USE\MAVERIK\DECISION-050616.DOCX
5. The first Modification of Standard (Section 3.5.3(C)(2)(b)) meets the applicable
requirements of Section 2.8.2(H) of the Code:
a. The Modification will not be detrimental to the public good, because the PDP
provides for a rest stop area and outdoor dining patio that are more beneficial to the public
than a design that adhered to the strict build-to line standard.
b. The setback from the street, ranging from 152' to 275' from the corners of the
building, is necessary to shield the motel from the activity, noise and lighting associated
with the front of the store and the fuel facility. The modified setback will promote the
general purpose of the standard for which the Modification is requested equally well or
better than would a plan which complies with the standard, because the store will act as a
buffer that will block the store entrance and fueling operations, from the motel rooms.
6. The second Modification of Standard (Section 3.9.5(A)(1)) meets the applicable
requirements of Section 2.8.2(H) of the Code:
a. The Modification will not be detrimental to the public good.
b. The flat roof design proposed in the PDP will promote the general purpose of the
standard for which the Modification is requested equally well or better than would a plan
which complies with the standard because the building, as designed, will match the context
of the Interchange Business Park and the surrounding area. In addition, the PDP complies
with Section 3.5.3(E), the requirement that would be applicable if Section 3.9.5(A)(1) did
not impose more stringent requirements.
DECISION
Based on the foregoing findings, the Hearing Officer hereby enters the following rulings:
1. The PDP and the two Modifications of Standard are approved as submitted.
DATED this 6th day of May, 2016.
_____________________________________
Kendra L. Carberry
Hearing Officer