Loading...
HomeMy WebLinkAboutFORT COLLINS NISSAN-KIA - PDP210017 - SUBMITTAL DOCUMENTS - ROUND 1 - ADDITION OF PERMITTED USEOctober 6, 2021 Petition for Addition of Permitted Use In conjunction with its application for approval of the Fort Collins Nissan-Kia Project Development Plan (‘PDP’), WWW Properties LLC (“Applicant”) petitions the Planning and Zoning Board pursuant to Land Use Code Section 1.3.4(B) to add a use (vehicle storage) to the permitted uses in the Medium Density Mixed-Use Neighborhood (M-M-N) specifically for the specified portion of the PDP (and not for consideration of a text amendment to the Land Use Code to permanently add the use to the M-M-N zone district). Compliance with Requirements of Section 1.3.4 1.3.4 Addition of Permitted Use (A) Purpose Statement This request for an additional of permitted use to allow for outside storage of inventory within the MMN zone district. This proposed land use provides a much-needed area for the owners to be allowed to park and store vehicle inventory adjacent to two planned new auto dealerships. The site currently consists of vacant land. This area is located west of the proposed realigned Venus Avenue. The lot will contain approximately 232 parking stalls for the storage of car inventory. The parcel is located +/- 240 feet from the adjacent Skyview Subdivision. In addition, there is an intervening parcel between the parking area and the south property line that contains detention and water quality ponds. The applicant for the PDP will be the end-user developer of this property. This APU will obligate any future owner to the terms of this petition. Any future changes to an approved APU will be subject to Section 1.3.4(F). Refer to accompanying exhibits for additional information on compatibility/ impact mitigation of the relationship of the parking area to the Skyview Subdivision. Relationship between the APU and the Skyview Subdivision The Skyview Subdivision, a subdivision with platted lots, is located to the south. The zoning for the neighborhood is RL – Low Density Residential. Streets in this neighborhood are paved and lot sizes average .28 acres in size. With the development of the new auto dealerships, Venus Avenue is proposed to be extended to the north and tie into Bueno Drive at the intersection of College Avenue. The new auto dealerships will be located east of realigned Venus and the proposed vehicle storage area is proposed n the west side of Venus. The proposed lot is shaped to be naturalistic and fit with the existing and proposed contours of the land. There will be two detention ponds and a water quality pond on the west and south sides of the parking area. There will be a buffer between the houses in the Skyview Subdivision that back directly to the site. The buffer is approximately 240’ wide and will contain detention, water quality and landscaping. The contours around the ponds will be naturalized with boulders and native grasses to soften the edges. Varied slopes will promote opportunities for plant diversity and wildlife habitat establishment. In addition to the ponds, the paved parking area will have landscape screening and berms on the south and west sides to help minimize views from the neighboring back yards. The use of evergreen trees will also aid in screening views. The significant natural features consisting of the rock outcropping, pond and associated wetlands will remain undisturbed with a 50’ natural habitat buffer zone. For these reasons, we believe the relationship between the Skyview Subdivision and the parking area does not change the predominant character of the subdivision. (B) Applicability. This Section is applicable only under the following circumstances: (2) Where the proposed use is listed as a permitted use in one (1) or more zone district(s) and is proposed based solely on unique circumstances and attributes of the site and development plan. The proposed use is listed in the CS zone district, which is adjacent to the proposed vehicle storage area. (C) Procedures and Required Findings. The following procedures and required findings shall apply to addition of permitted use determinations made by the Director, Planning and Zoning Board, and City Council respectively: (1) Director Approval. In conjunction with an application for approval of an overall development plan, a project development plan, or any amendment of the foregoing (the "primary application" for purposes of this Section only), for property not located in any zone district listed in subsection (G), the applicant may apply for the approval of an Addition of Permitted Use for uses described in subsection (B)(1) to be determined by the Director. If the applicant does not apply for such an addition of permitted use in conjunction with the primary application, the Director in his or her sole discretion may initiate the addition of permitted use process. The Director may add to the uses specified in a particular zone district any other use which conforms to all of the following criteria: (a) Such use is appropriate in the zone district to which it is added; Vehicle parking and storage are not allowed in the MMN zone district. The request is to allow for the construction of outside storage of vehicle inventory. We feel this is an appropriate use and is a part of the automobile dealerships daily operations. The likely hood of the area developing as a residential or other use is minimal. With the extension of Venus Avenue, the detention requirements and natural features, there is scarcely enough room left to develop much else to make it economically feasible. (b) 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 vehicle use area is a secondary use to the auto dealerships. The MMN zone boundary abuts a zoning district that allows the use. Parked vehicles that only get moved infrequently are a better use than an office, convenience store, bank or residential use with cars coming and going several times a day. The preserved natural habitat features create usable open space that is a characteristic of the MMN zone. (c) The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties; The applicant has worked with staff on moving the area as far north as feasible and re- shaping the edges and not making it look like a rectangular lot. In addition, the parking area is not imposing on any natural habitat features. (d) 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; This outdoor vehicle storage area would not add any more offensive or objectionable influences or any more adverse impacts that would normally result from other permitted uses. (e) Such use will not change the predominant character of the surrounding area. The outdoor vehicle storage will not change the predominant character of the surrounding area. Although there is a single-family neighborhood to the south, the surrounding area is zoned and/or has an existing mix of land-uses including; single- family housing, employment, commercial and public open lands. (f) Such use is compatible with the other listed permitted uses in the zone district to which it is added; The outdoor vehicle area is compatible with other uses permitted in the MMN zone district. Uses such as multi-family, churches, schools, convenience stores, child care centers, restaurants, offices, long term care facilities and banks all will have parking associated with each use. (g) Such use, if located within or adjacent to an existing residential neighborhood, shall be subject to two neighborhood meetings, unless the Director determines, from information derived from the conceptual review process, that the development proposal would not have any significant neighborhood impacts; Acknowledged. One neighborhood meeting has been held and we will schedule a second one in conformance with the Land Use Code. . (h) 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. (2) Planning and Zoning Board Approval. In conjunction with a primary application for a project not located, in whole or in part, in any zone district listed in subsection (G), the applicant may apply for approval of an addition of permitted use for uses described in subsection (B)(2) to be determined by the Planning and Zoning Board. The Planning and Zoning Board may add a proposed use if the Board specifically finds that such use: (1) conforms to all of the eight (8) criteria listed in subsection (C)(1); (2) would not be detrimental to the public good; (3) would be in compliance with the requirements and criteria contained in Section 3.5.1; and (4) is not specifically listed as a "prohibited use" in the zone district in which the proposed site is located. The addition of a permitted use by the Board shall be specific to the proposed project and shall not be considered for a text amendment under subsection (D) below. (1) The APU conforms to all the above-listed criteria. (2) The proposed APU is not detrimental to the public good. (3) Section 3.5.1 is not applicable since the proposed APU is not residential in nature. (4) The APU is not a prohibited use. (5) The APU will not be considered a text amendment to the Land Use Code.