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HomeMy WebLinkAboutLEGACY AUTO - PDP - PDP120001 - DECISION - FINDINGS, CONCLUSIONS & DECISION (3)CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: June 26, 2014 PROJECT NAME: Legacy Auto Project Development Plan CASE NUMBER: PDP120001 APPLICANT/OWNER: Legacy Tractor and Auto Sales 1845 N. College Ave Fort Collins, Colorado 80524 HEARING OFFICER: Kendra L. Carberry PROJECT DESCRIPTION: This is a request for approval of a Project Development Plan (PDP) for the Legacy Auto expansion, located at 1845 N. College Avenue. The PDP a 6,000 square foot addition to the existing 1,221 square foot building, a new 4,800 square foot warehouse, 41 customer parking spaces, 36 display spaces, 38 storage spaces and paving of the accompanying drive aisles. The PDP requests two Modifications of Standard, one to Section 3.5.3(C), Relationship of Buildings to Streets, Walkways and Parking; and one to Section 4.22(B)(2)(d)(1)&(5), Industrial Uses to be located at least 200' from North College Avenue. SUMMARY OF DECISION: Approved ZONE DISTRICT: Service Commercial (C-S) HEARING: The Hearing Officer opened the hearing at approximately 6:00 p.m. on June 26, 2014, 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) application, plans, maps and other supporting documents submitted by the applicant; (3) a copy of the public notice; (4) (the 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: Seth E. Lorson From the Applicant: Don Shields 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. 1 7/7/2014 Q:\USERS\FORT COLLINS LAND USE\LEGACY AUTO\DECISION.DOC 2. 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(D)(2), Street Trees, because 3 existing trees will be preserved and protected and the PDP provides for additional street trees at an average of 30' to 40' intervals. b. The PDP complies with Section 3.2.1(E)(2), Landscape Area Treatment, because the PDP includes landscape areas that incorporate turf grass, shrubs, and trees. c. The PDP complies with Section 3.2.1(E)(4), Parking Lot Perimeter Landscaping, because the PDP provides for trees between all parking lots and public streets at an average ratio of one per 25 lineal feet, and in the side lot setback at an average ratio of one per 40 lineal feet. d. The PDP complies with Section 3.2.1(E)(5), Parking Lot Interior Landscaping, because the PDP includes parking lot landscape islands that exceed 6% of the interior space of the parking lots and buffer the vehicle use area from College Avenue with plantings of shrubs and trees. e. The PDP complies with Section 3.2.2(K)(2), Nonresidential Parking Requirements, because the PDP includes 44 parking spaces, below the maximum of 48. f. The PDP complies with Section 3.2.4, Site Lighting, because the lighting plan provides a light level of 8.7 foot candles, below the maximum of 10, and the site lighting does not spill over the lot lines beyond 20' in excess of 0.1 foot candles. g. The PDP complies with Section 3.4.1, Natural Habitats and Features, because: the PDP provides for a buffer of 50' in width; no fencing is proposed between the ditch and the development; and additional trees, shrubs, and native grasses are provided to enhance the vegetation. h. The PDP complies with Section 3.5.1, Building and Project Compatibility, because the buildings are compatible with the existing surrounding development in terms of height, bulk, mass, and scale. i. The PDP complies with Section 3.5.3(D), Variation in Massing, because the PDP provides for a variety of materials and architectural features. 4. The PDP complies with the applicable standards contained in Article 4 of the Code for the Service Commercial (C-S) zone district. a. The PDP complies with Section 4.22, Purpose, because the PDP is consistent with the stated purpose of the C-S zone district. b. The PDP complies with Section 4.22(B), Permitted Uses, because vehicle sales is a permitted use in the C-S zone district. 2 7/7/2014 Q:\USERS\FORT COLLINS LAND USE\LEGACY AUTO\DECISION.DOC c. The PDP complies with Section 4.22(D), Building Height, because the proposed one-story buildings have a maximum height of 27', 5¼". 5. The first Modification of Standard (Section 3.5.3(C)(2)) meets the applicable requirements of Section 2.8.2(H) of the Code. a. The Modification would not be detrimental to the public good. b. The Modification is necessary by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to the property. c. The North College Avenue streetscape improvements created a curb cut access in the logical area, and this access would be entirely blocked if the addition were to meet the required build-to line standard. d. Site circulation around the back of the existing building is difficult due to a significant grade drop directly to the west.. 6. The second Modification of Standard (Section 4.22(B)(d)(1)&(5), meets the applicable requirements of Section 2.8.2(H) of the Code. a. The Modification would not be detrimental to the public good. b. The PDP as submitted will not diverge from the standards of the Code except in a nominal, inconsequential way and will continue to advance the purposes of the Land Use Code. c. The 18' difference between the requirement and the setback in the PDP is the exact distance that was dedicated to the City as right-of-way for the North College Avenue streetscape improvements. DECISION Based on the foregoing findings, the Hearing Officer hereby enters the following rulings: 1. The PDP and two Modifications of Standard are approved as submitted. DATED this 7 th day of July, 2014. _____________________________________ Kendra L. Carberry Hearing Officer 3 7/7/2014 Q:\USERS\FORT COLLINS LAND USE\LEGACY AUTO\DECISION.DOC