HomeMy WebLinkAboutCONOCO SERVICE STATION - EXPANSION OF A NON-CONFORMING USE - 57-88 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSu
ITEM NO. 4
PLANNING AND ZONING BOARD MEETING OF August 22, 19W
STAFF REPORT
PROJECT: Expansion of Conoco Service Station - Non -Conforming Use,
#57-88
APPLICANT: Mr. Robert Gallenstein, c/o Brady Oil Company, 333 West Drake
Road, Fort Collins, CO 80526
OWNER: Same
PROJECT PLANNER: Ted Shepard
PROJECT DESCRIPTION: This is a request to expand an existing, non -con-
forming use to add a 964.8 square feet of floor area for a mechanical bay and
a one -bay carwash at an existing service station. The site is presently
operating as a Conoco station and is located at the southwest corner of Taft
Hill Road and Mulberry Street. The zoning is B-L, Limited Business.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY: The Conoco Service Station at Taft and Mulberry
has functioned as a traditional gasoline service station since the sixties. As a
result in a change of zoning, the gas station became legal, non -conforming.
The proposed mechanic bay and one -bay carwash represent an enlargement of a
building containing a legal, non -conforming use and is reviewed by five
criteria specified in the City of Fort Collins Development Manual. The
property is bordered by arterial streets on the north and east. On the south is
a four bay, self -serve carwash. On the west is a well buffered single family
residence. The request to expand includes landscape improvements. A variance
of eight feet in the minimum setback of a building from a zone district line
was granted by the Zoning Board of Appeals on August 11, 1988. Based on
the review criteria, Staff finds there are no adverse impacts on the surround-
ing property as a result of the proposed expansion.
OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750
SERVICES, PLANNING DEPARTMENT
Conoco Non Conforming Use #57-88
P & •Z Meeting - August 22, 1988
Page 2.
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: B-P; Residential and Golf Course
S: B-L; Self serve carwash - four bay facility
E: R-L; Residential
W: M-L; Residential
The parcel contained an existing service station when the property was rezoned
to B-L in 1969. As a result, the use is considered legal, non -conforming.
There has been no new development activity on the site since the rezoning.
2. Non-Conforminp, Use Review:
Definition of a non -conforming use:
"Any legally existing use which does not conform to the use regulations of the
zoning district classification in which the use is located either at the effective
date of the zoning ordinance or as a result of zoning changes which may be
made over the years to the property."
In considering the enlargement or extension of a building containing a non-
conforming use, the Planning and Zoning Board shall make a finding as to
whether or not the enlargement will adversely affect the surrounding property.
For purposes of review, there are five criteria that shall be considered.
A: The nature of the proposed expansion or extension:
The Conoco: Service Station
presently
consists of
three
gas pump islands, one
canopy, and one building containing
1,560 square
feet.
Within this building is
an office/cashier area and
two auto
mechanic bays.
The proposed expansion
would add one additional
mechanic
bay and a
one
bay automatic carwash.
This expansion would be to
the west
side of the
existing building at the south
end of the property.
The purpose of the additional mechanic bay is to add capacity and improve
the efficiency of the auto service business. There would be no additional
personnel, but would allow three cars to be serviced by two mechanics. The
additional bay would ensure productivity, while parts are being ordered and
also allow for 'emission testing on a drive -up basis.
The purpose of the one bay carwash is to provide additional service and offer
incentives to gasoline customers. The carwash would not be self serve.
The nature of the proposed expansion, therefore, is to add service capacity,
increase productivity, improve service, and offer a carwash option. The
expansion is totally dedicated to auto service functions and does not represent
a change of use.
a
Conoco Non Conforming Use #57-88
P & •Z Meeting - August 22, 1988
Page 3
B: The size of the proposed expansion or extension:
The proposed mechanic bay would total 460 square feet. The carwash would
measure 504.8 square feet. Total new area would be 964.8 square feet. The
proposed height would match the existing building.
With the expansion, the building area would total 2,524.8 square feet. This
represents a 62% increase over the present size of 1,560 square feet.
The total site area is 17,280 square feet. The expanded building size of 2,524.8
square feet represents 14.6% of lot coverage. The area of the proposed
expansion is presently asphalt surface.
C: The difference in the degree of use of the non -conforming use as a result
of the proposed expansion or extension:
According to the applicant, the degree of use as a result bf the expansion will
be an increase of approximately 75 cars per day spread over a 16 hour oper-
ation. It is not anticipated that additional personnel would be hired. The
City Transportation Director has reviewed these estimates and believes that the
additional traffic impact would be negligible.
D: The reason for the proposed expansion or extension:
The applicant states that the reason for the proposed expansion is to fill a
market need for auto service by certified mechanics in a neighborhood setting.
With the trend towards gasoline retailing by convenience store outlets, there is
a perceived need for auto service for neighborhood residents that is open 16
hours per day, seven days per week.
E: The overall impact of the proposed expansion or extension on the surround-
ing property:
The proposed expansion would not cause the loss of any landscaped area. There
would, however, be a loss of asphalt area that would be available for parking.
The applicant has designated 10 parking spaces on the side plan that would be
devoted to customer parking, employee parking, and storage of vehicles.
The area of greatest impact would be to the residence along the west property
line. This property line is treated with a six foot solid wood fence. The
distance from the proposed carwash to the west property line would be 12 feet.
This setback would be asphalt and function as a drive aisle. The B-L zone
district requires that the minimum distance of any building from any zoning
district line shall be 20 feet. The applicant, therefore, filed an appeal with
the Zoning Board of Appeals for an eight foot variance in the minimum set-
back from the zoning district line. The adjacent zone district is M-L, Low
Density Mobile Home. The Zoning Board of Appeals approved the variance
request on August 11, 1988.
PIA
Conoco Non Conforming Use #57-88
P & •Z Meeting - August 22, 1988
Page 4
While it is inapproprittte to take credit for offsite buffering, is significant to
note that the residence to the west is located approximately 193 feet west of
the property line. This distance is treated with generous landscaping and a
large garage and greenhouse.
3. Landscaping:
The applicant proposes to upgrade the existing landscaping by adding four
additional landscaped areas and adding more plant material to an existing
landscaped area. Because of the location at two arterials, much of the plant
material must be low in height. A total of four deciduous shade trees will be
added as well as spreading junipers and deciduous shrubs.
4. Staff Findings:
1. On August 11, 1988, the Zoning Board of Appeals granted the variance to
allow a building setback of 12 feet from a zoning district line.
2. The nature of the expansion logically relates to the existing operation.
There is no change of use.
3. The size of the expansion is reasonably accommodated on the site.
4. The difference in the degree of use, as a result of the expansion, is
negligible.
5. The reasons for the expansion are a legitimate attempt to fulfill a
perceived market need.
6. The overall impact of the proposed expansion does not adversely affect the
surrounding property.
RECOMMENDATION:
Based on the findings, and using the review criteria of the expansion, enlarge-
ment, or extension of a non -conforming use, Staff recommends approval of the
expansion of the Conoco Service Station.
r.
M=w
June 29, 1988
TO: Mr. Ted Shepard, City Planning Department, City of Fort
Collins, Colorado
FROM: Robert W. Gallenstein and Marjorie A. Gallenstein, 920
Valleyview Road, Fort Collins, Colorado
SUBJECT: Non -conforming Use Review
Location: South Taft Hill and West Mulberry
The following data is submitted to the staff of the Planning De-
partment and Planning and Zoning Board for review and hopefully the
approval of our request.
(a) The nature of the proposed expansion - add two bays at
the rear of the existing service station building. One
bay to be used for emissions control testing/tune-ups and
the other bay a brush car wash for a fee.
(b) The size of the proposed expansion - the two bays combined
will be 32 feet wide by 30 feet long and 13'6" high,. The
height will be the same as the existing service bays.
(.0 The difference in the degree of use of the non -conforming
use as a result of the proposed expansion the service
station operates 6:00 A.M. to 10:00 P.M. or 16 hours a day,
seven days a week. We estimate that the above changes will
increase car traffic at the station by a maximum of 75 cars
per day or an increase of 4 to 5 cars per hour or approxi-
mately one every 15 minutes. This is equal to basically no
change or no impact on existing traffic.
(d) The reasons for the proposed expansion - no oil company will
construct a service station to service the automotive needs
of the citizens of Fort Collins. In today's business all
the new gasoline outlets are convenience stores.
In the area of the Taft Hill location, there are three con-
venience stores, namely, Circle K (Taft Hill and Elizabeth),
7-11 (Mulberry and Shields), and Lucky U-Serve (Taft Hill and
LaPorte). We could do the same but this would leave the area
basically without service and with air pollution becoming a
larger problem every day the additional service will be needed.
This project will serve to enhance the City of Fort Collins'
air quality for the years to come. With the additional work
space we will be able to better serve the citizens of Fort
Collins.
0 •
Mr. Ted Shepard
Non -conforming Use Review
June 29, 1988
(e) The overall impact of the proposed expansion on the
surrounding properties will be minimal.
The following information and data are attached as the Submittal
Requirements.
(A) One copy of the application with a check in the amount of $110.00,
filing fee.
(B) Two copies of the legal description of the property.
(C) Twenty copies of the site plan plus six landscape plans.
(D) Names and addresses of all property owners within 500 feet of the
property lines of the parcel of land for which the change is
proposed.
(E) Twenty.copies of the planning objectives. (,See above criteria) Page 1
(F) Site plan requirements of the PUD regulations. (Separate attachment)
(G), (H), (I), (J), and (K) forthcoming by August deadline.
i
(F) Site plan requirements of the PUD regulations (5 copies)
Item 9 under A. Written Documents of the PUD regulations -- Land use data
covering the following items:
C. (4) Parcel size: 135' x 128' = 17,280 sq. ft.
C. (5) through (7) N/A
C. (8) Floor areas: Building addition 960 sq. ft.
Existing building 1,560 sq. ft.
2,520 sq. ft. floor area
Floor area _ 2,520 = 15%
Lot size 17,280
C. (9) Proposed coverage of buildings and structures
(a) Percentage and square footage of building coverage:
15% and 2,520 sq. ft. building
(b)_ Percentage and square footage of parking and movement of cars:
32% and 5,603 sq. ft.
(c) Percentage and square footage of drives to handles gasoline
sales: 50% and 8,675 sq. ft.
(d) Percentage and square footage of landscape:
3% and 482 sq. ft.
(e) N/A
Item 10 under A. Written Documents
Number and location of offstreet parking: 10 spaces of 9' x 19' each.
Items (11), (12), (13), (14), (15), (16)_, (17), and (18) are not applicable.
Item (19) Maximum building height of all structures - 1316".
Item (20), Existing drivecuts ingress and egress. Car wash traffic to exit
rear drivecut on Mulberry.
Item (21) Existing zoning: BL
Item (22) Proposed treatment of the perimeter: add West and South corners
and South, East side landscaping to existing landscaping on NE
corner.
Item (23) Signage is in place on NE corner.
Item (24) Proposed specific land use: same as now plus brush car wash.
•
•
F) Site plan requirements. of the PUD regulations (5 copies
Continued
Item (25) Area data:
(a) Land uses and location of principal structures:
West - vacant lot and then residence same property.
North - vacant lot then small residental housing.
NE Corner - City Park Nine.
East - residences.
South pressure car wash which is closed, Diamond Shamrock
gasoline outlet which is closed and residences.
(b) Densities of residential uses single family.
(c) Significant vegetation - normal neighbor trees, etc.
(d) Topographic contours - N/A
(e) Traffic circulation system - ordinary city traffic.
Item (26) Area surrounding the site - due to minimal change, this is not
effected.
Item (27), Owner cerification of acceptance of conditions is on site plan.
Item (28) Certification of land ownership - copy of deed attached.
D. Landscaping area shown on site plan so everything will be coordinated.
E., F., G., H., I., J. and K. not applicable.
L. Ten copies of site plan and landscape plan will be submitted by August 15, 1988.
M. and N. are no applicable.
E
OTHER PERTINENT INFORMATION TO BE CONSIDERED IN THE REVIEW OF THIS APPLICATION
In reviewing this application for expansion, there are two significant points
that are to be considered, namely, (a) at the time this service station was con-
structed, it was zoned for a station. Then in 1968 or 1969, the city selectively
rezoned two or three types of retail businesses as non -conforming, This rezoning
was a downgrading of this property; and (b) in the early part of the 1980's the
city took 7 feet of the property on Mulberry Street. This continued restrictive
process has drastically impaired the value of the property.
The dedication or purchasing of .10 feet of the property on Taft Hill Road
would create many additional problems as follows:
1 - Inadequate room to fuel vehicles on East side of outside island
fronting Taft Hill as there would only be 8 feet remaining.
2 - With only 8 feet this would create two safety problems the public
and customer safety.
3 - With only 8 feet remaining it would then require moving both gaso-
line islands and lines as well as the canopy. But ......
4 - Since this is a full service location, there would not be suffici-
cent land left to relocate the islands and have a safe workable
arrangement. This would not permit both full serve and self
serve islands which are an essential part of a full serve service
station. This is a prime item in a dealer's livelihood.
5 - Further, by taking 10 feet would reduce parking and landscape
areas further making the location unworkable.
6 - Taking the 10 feet would require the East drive cut on Mulberry
to be reduced to a 24' exit only drive cut, an additional expense.
7 - With all these items above, it would basically destroy this
location as a service station facility considering parking, ser-
vicing, gasoline fueling, etc.
8 Further, Mr. David Bailey, President, United Bank of Fort Collins,
has been made aware because he would have to release 10 feet as it
is part of his equity for the mortgage. The remaining property
wouldn't cover the remaining mortgage plus the costs to move the
islands, lines, canopy even to a make -shift arrangement. With the
fair market value of the 10 feet applied against the mortgage it
still would not fly.
9 - I do not have the money to relocate the islands, lines and canopy.
Further, the dealer's business would be all but closed for 30 days
and he would have to be compensated by the city so he could pay
his help and cover the loss in profits.
10. The reduction in the size of the property would also increase the
"risk factor" of the dealer due to possible accidents.
OTHER PERTINENT INFORMATION - continued
11. Therefore, with all these problems, we are requesting the issuance
of the building permit without the City taking any of our property
by any means. We have worked all our lives and don't feel we de-
serve to be penalized by the City.
12. If the City needs this as part of their running their business
of the managing the City they should pay in full all costs,
damages, etc. to all parties hurt in the transaction. We have
to pay for our mistakes as well as our growth.
13. To be damaged and then taxed for the improvements is really double
taxation.
14. We request your approval of our request without any changes.
Thank you very much.
ROBERT W. GALLENSTEIN
00090
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