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Home My WebLink AboutBURGER KING AT RIVERSIDE PUD - PRELIMINARY - 37-89 - CORRESPONDENCE - RESPONSE TO CITIZENDevel*ent Services • Planning Department City of Fort Collins October 30, 1989 Mr. Dale E. Johnson 2518 Bradbury Court Fort Collins, CO 80521 Dear Mr. Johnson: I would like to take this opportunity to thank you for taking an interest in the planning process and respond to the concerns stated in your letter to the editor, dated October 30, 1989. As a planned unit development, it is true that the proposed Burger King at the corner of Riverside and Lemay (the old B & M Roofing site) scored only 29% on the Auto Related and Roadside Commercial point chart of the Land Development Guidance System. According to the requirements of the L.D.G.S., a project must score a minimum of 50% to be approved as a P.U.D. unless a variance is approved by the Planning and Zoning Board. It is critical to note, however, that the site is zoned C, Commercial, which would allow a Burger King restaurant to be con- structed as a "use by right" without the requirement that such development be processed as a P.U.D. It was at the option of the applicant and the architectural consultant that the proposal proceed through the P.U.D. process and the requirements of the L.D.G.S. In this case, the applicant, the consultant, and the Planning Staff agreed that the development of the site, although a "use by right" under the zoning, would benefit from the rigorous review afforded to planned unit developments. Because of the peculiar shape of the parcel, the impacts on the adjacent arterial streets, and the desire to incorporate a drive-thru feature, the P.U.D. option was viewed as the best method by which to obtain approval. The opportunities afforded by the P.U.D. process allow Staff to promote site upgrades which might not otherwise be available through the "use by right" procedure. Given the zoning versus P.U.D background, the Planning Staff evaluated the vari- ance request to allow a P.U.D. with less than the 50% required minimum score. It was our finding that the surrounding area has a retail/commercial/industrial character. The properties to the east and west are zoned General Industrial while the properties to the north and south are zoned Planned Business. Across the street is the Riverside Junction Shopping Center. It was further found that the proposal was compatible in physical scale with the surrounding properties. The height, bulk, and scale of the proposed building, as well as the site design elements, were found to be compatible and not intrusive to the established character of the neighboring properties. 300 LaPorte Avenue - P.O. Box 580 - Fort Collins, CO 80522-0580 - (303) 2'_1-6750 The Planning Staff believed that redeveloping an infill parcel promotes efficient land use within an urban setting. The impacts associated with a fast food restau- rant can be mitigated by site design and buffering. Further, the removal of an industrial use from a commercial district enhances the compatibility of the shopping district as a whole. Finally, the Staff concluded that the conversion of an industrial use to a fast food restaurant at this location does not alter the urban form and reinforces the area as a neighborhood activity center. Please rest assured that the evaluation of this site and the review criteria did not depend on the depth of anyone's pocket. For your information, the applicant is the local Burger King franchisee, and not the Burger King Corporation. The Planning Department does not consider economic criteria when evaluating a pro- posal. Land use proposals are reviewed based on six major categories: neighborhood compatibility, existing plans and policies, public facilities and safety, resource protection, environmental standards, and site design. Economic considerations are not factors which enter into the review of development proposals. As a P.U.D., the Planning Staff recommended that several site design elements be upgraded from a traditional "use by right" project. These included reduced signage, increased landscaping, and increased setbacks. In addition, the P.U.D. attempted to unify the access and circulation with the adjoining properties to the east (Robinson Press) and to the south (Fries Auto Center). By promoting internal access between uses, it is hoped to reduce the impact on the street system and encourage pedes- trian travel. At the Planning and Zoning Board hearing, the Board added a condition that in order to further reduce the impact on Lemay Avenue, the curb cut be restricted to right-in/right-out only. Under this arrangement, left -in and left -out turns would be prohibited on Lemay Avenue. As you can see, much thought and effort went into the review of this project by both the Staff and the Planning and Zoning Board. The intersection of Lemay and Riverside will not be an easy site for anyone to redevelop. With Commercial zoning, a variety of land uses are pre -approved under the Zoning Code. By apply- ing the standards of the P.U.D., we believe the site was upgraded despite the below minimum score of 29% on the Auto Related and Roadside Commercial point chart. There will continue to be sites in our City that have inherent difficulties. The Planning Staff is charged with the mission to raise the level of quality of redevelopment efforts wherever they occur. While our process may appear less than scientific, I believe the City, as a whole, benefits from the opportunities afforded by the Land Development Guidance System. The P.U.D. review process is thorough and rigorous land use evaluation method that is reasonable and sensitive and responsible. Again, thank you for your input on the Burger would like to visit our department to review the the Land Development Guidance System, by all Our phone number is 221-6750. Sincerely Ted Shepard Project Planner King at Riverside P.U.D. If you files or to discuss the merits of means, consider yourself invited. cc: Council Tom Peterson Dale E. Johnson 2518 Bradbury Ct. Ft. Collins, CO 80521 (303)221-5528 October 30, 1989 Dear Editor: This letter is in regard to an article in the Coloradoan on October 24 concerning preliminary approval by the City Planning and Zoning Board for Burger King's application to build a new restaurant at the corner of Lemay and Riverside. The article stated that the project scored only 29 percent. It also stated that planners usually require a 50 percent score to receive a recommendation for approval. It seems to this citizen that we either have guidelines for development in Ft. Collins or we do not! Simply being "harmonious with other development in the area" was given as the justification for granting preliminary approval in this case. This willingness on the part of the Planning and Zoning Board to bend the rules for an applicant with "deep pockets" appears to call into question the integrity of the Board. Would similar treatment be accorded another applicant who does not have "deep pockets" if he approached the Board with a project that scored so poorly? If so why not lower the threshhold for approval to 29 percent for all projects? We as a city have made much "to-do" about our guidelines for development and the positive effect that they have on the quality of life in our town. What happens to that quality of life if we essentially ignore our own guidelines? Concerned citizen, ell 4, 25 cc: City Council Members Mr Ted Shepard, Planner