HomeMy WebLinkAboutKUM & GO #0951 - FDP230009 - SUBMITTAL DOCUMENTS - ROUND 1 - HEARING OFFICER DECISION
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CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: November 30, 2022
PROJECT NAME: Kum & Go #0951
CASE NUMBER: PDP # 210013
APPLICANT Dan Garneau
/REPRESENTATIVE: Kum & Go
1459 Grand Avenue
Des Moines, Iowa
OWNER: City of Fort Collins (945 E. Prospect Road)
Richard and Pamela Dunlap
3813 Ideal Drive
Fort Collins, CO 80524
HEARING OFFICER: Marcus McAskin
PROJECT DESCRIPTION & BACKGROUND: This is a request for a Project Development Plan
to develop a Kum & Go convenience store with fuel sales at 945, 947, 949 E. Prospect Road, and
1607 S. Lemay Avenue. The redevelopment includes a 4,000-sf convenience store and
accompanying canopy with four (4) fueling dispensers. Access is taken from S. Lemay Ave. to the
east.
The property generally consists of four (4) parcels of land, proposed to be replatted in the proposed
KUM & GO 951 SUBDIVISION, and consists of a total of 1.46 acres, more or less (the “Subject
Property”).
The Subject Property is located on the southwest corner of E. Prospect Road and S. Lemay Avenue.
The plan proposes to consolidate six (6) points of access into a single point of access on S . Lemay
Avenue. The project includes the construction of an eastbound right turn lane on East Prospect
Road. The frontage along South Lemay Avenue will include a bus shelter as specified by the
Transportation Master Plan.
The Subject Property is within the Neighborhood Commercial (N-C) zone district and is subject to
Administrative (Type 1) Review.
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Surrounding Zoning and Land Use
North South East West
Zoning Neighborhood
Commercial (NC) and
Low Density Residential
(RL)
Neighborhood
Commercial (NC)
Neighborhood
Commercial (NC)
Low Density Mixed
Use Neighborhood
(LMN)
Land
Use
Single-family detached
and limited indoor
recreation (Impulse Dance
and Fitness)
Single-family detached Park Central Retail
Center that includes
office, retail,
professional services,
microbrewery, and
convenience store
w/fuel sales (7-
Eleven/Conoco)
Single-family detached
and multi-family
dwellings (Prospect
Springs PUD
Condominiums)
The PDP includes one request for a modification of standard to Land Use Code (“LUC”) Subsection
4.23(B)(2)(c)8 - Convenience retail stores with fuel sales (the “Modification of Standard”).
Specifically, the Applicant is seeking a Modification of Standard for the 3,960 foot separation
requirement set forth in that Subsection1.
Additional project background and analysis of LUC compliance are detailed in the Development
Review Staff Report prepared for the Project, a copy of which is attached to this decision as
ATTACHMENT A (the “Staff Report”) and is incorporated herein by reference.
The Staff Report recommends conditional approval of the PDP, and approval of the Modification of
Standard.
SUMMARY OF DECISION: Approved with conditions.
ZONE DISTRICT: Neighborhood Commercial District (N-C)
HEARING: This matter was heard as the first (of three) virtual hearings conducted on Wednesday,
November 30, 2022. The Hearing Officer opened the virtual hearing at approximately 5:30 P.M
and reviewed the Order of Proceedings with the Applicant and members of the public present.
1 Convenience retail stores with fuel sales are permitted in the N-C District, subject to administrative review,
provided that they are at least three thousand nine hundred sixty (3,960) feet (three quarters [3/4] of a mile) from any
other such use and from any fueling station.
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EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding:
1. The Staff Report.
2. Applicant project narrative.
3. Kum & Go Planning Set (11 sheets).
4. Utility Plans (40 sheets).
5. Kum & Go 951 Subdivision Plat (2 sheets).
6. Drainage Report (58 pages).
7. Transportation Traffic impact study (58 pages).
8. City Property Exhibit.
9. Proposal Renderings.
10. Existing Conditions Photos.
11. Affidavit of publication of Notice of Hearing in the Fort Collins Coloradan on
11/18/2022 (Ad # 0005492216).
12. Copy of Written Hearing Notice, dated November 15, 2022.
13. The PowerPoint presentation prepared by City staff for the hearing.
14. The PowerPoint presentation prepared by the Applicant for the hearing.
15. Rules of Conduct for Administrative Hearings.
16. Administrative (Type 1) Hearing: Order of Proceedings.
TESTIMONY: The following persons testified or participated during the virtual hearing:
From the City: Rebecca Everette, Planning Manager
Tim Dinger, City Engineering
Steve Gilchrest, City Traffic Operations
From the Applicant: Erica Morton, Olsson
Tom Carrico, Kum & Go
Dan Garneau, Kum & Go
From the Public: Written Comments Submitted Prior to Hearing:
1. Richard Taranow, 2731 Granada Hill Dr, Fort Collins
80525
2. Colin Campbell, 1105 E. Lake Pl., Fort Collins 80524
3. Diane Campbell, 1105 E. Lake Pl., Fort Collins 80524
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4. Laura & Paul Geringer, 1120 E. Lake Pl., Fort Collins
80524
5. Robert Walton, 1724 Springmeadows Ct, Fort Collins
80525
Comments Made During Hearing:
1. Colin Campbell, 1105 E. Lake Pl., Fort Collins 80524
2. Diane Campbell, 1105 E. Lake Pl., Fort Collins 80524
3. Stace McGee, 917 E. Prospect Rd, Fort Collins 80525
4. Jeff Hill, 1113 E. Lake Place, Fort Collins 80524
5. Joe Helm, 1700 Springmeadows Ct, Fort Collins 80525
The public comment portion of the hearing opened at approximately 6:21 P.M. and closed at
approximately 6:41 P.M.
The virtual hearing was closed at approximately 7:07 P.M.
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that notice of the virtual
public hearing was properly posted, mailed, and published.
2. Based on testimony provided at the public hearing and a review of the materials in the record
of this case, the Hearing Officer concludes as follows:
A. The PDP complies with the applicable procedural and administrative requirements
of Article 2 of the Land Use Code.
B. The PDP complies with all relevant general development standards set forth in
Article 3 of the Land Use Code, subject to compliance with the four (4) conditions
of approval set forth below.
C. Except for LUC Subsection 4.23(B)(2)(c)8 – Convenience retail stores with fuel
sales, which is satisfied by way of the Modification of Standard, the PDP complies
with the standards contained in Article 4 of the LUC as more specifically set forth in
the Staff Report attached as ATTACHMENT A. An analysis of the requested
Modification of Standard follows below.
D. The requested Modification of Standard to LUC Subsection 4.23(B)(2)(c)8 –
Convenience retail stores with fuel sales: (i) will not be detrimental to the public
good, (ii) the granting of the proposed modification would, without impairing the
intent and purpose of the Land Use Code, substantially address an important
community need specifically and expressly defined in an adopted policy, ordinance
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or resolution of the City Council, and the strict application of the spacing
requirement set forth in LUC Subsection 4.23(B)(2)(c)8 would render the project
practically infeasible, and (iii) the plan as submitted will not divert from the
applicable LUC standards except in a nominal, inconsequential way when
considered from the perspective of the entire development plan and will continue to
advance the purposes of the Land Use Code as contained in Section 1.2.2. With
respect to the foregoing, the Hearing Officer specifically finds:
i. The granting of the modification will not be detrimental to the
public good because the PDP provides a long awaited right turn
lane (from E. Prospect Road to S. Lemay Avenue) that has been
warranted since the late 1980’s and other public improvements
including a bus shelter along the S. Lemay Avenue frontage,
widened sidewalks, and stormwater improvements that will assist
with alleviating flooding impacts within the immediate area. In
addition, the granting of the modification will not be detrimental
to the public good because the PDP represents an update/upgrade
to the existing gas and vehicle service station on the Subject
Property.
ii. 2.8.2(H)(2) is met because the PDP as submitted proposes the
completion of the right turn lane (from E. Prospect Road to S.
Lemay Avenue) that has been included in the City’s Capital
Improvement Plan (“CIP”) in the past. The CIP is adopted on a
biennial basis through the City Budget. The Hearing Officer finds
that the CIP constitutes an “an adopted policy, ordinance or
resolution of the City Council” within the meaning of 2.8.2(H)(2)
and that the completion of the above-referenced right hand turn
lane by the Applicant as part of the Project will address an
important community need, specifically improving traffic flow
and improving the overall level of service for the E. Prospect Road
& S. Lemay Avenue intersection.
iii. 2.8.2(H)(4) is met because the PDP as submitted proposes the
redevelopment of a site that has operated as an automotive service
and gas station since 1962. Deviating from the spacing
requirement set forth in Subsection 4.23(B) is nominal and
inconsequential when considered in the context of the entire PDP
and the development as proposed in the PDP will continue to
advance the purposes of LUC Section 1.2.2. Specifically, the
Hearing Officer finds that development of the Subject Property
consistent with the PDP will foster the safe, efficient and economic
use of land, the City’s transportation infrastructure, and other
public facilities and services in accordance LUC Section 1.2.2(C).
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E. Pursuant to Section 2.8.1 of the LUC, the Hearing Officer has jurisdiction to grant
modifications to any separation or proximity standards that are established as a
specific measurement of distance in the District Permitted Uses contained in
Article 4.
DECISION
Based on the findings set forth above, the Hearing Officer hereby enters the following ruling:
A. The Modification of Standard for the separation/proximity standard set forth in LUC
Subsection 4.23(B)(2)(c)8 – Convenience retail stores with fuel sales standard is approved.
B. The Kum & Go #0951 PDP (PDP # 210013) is hereby approved, subject to the following
conditions of approval:
1. the Applicant shall provide enclosed and fixed bicycle parking in compliance with
LUC Subsection 3.2.2(C)(4);
2. the Applicant shall provide landscape island(s) in adequate shape, size and quantity
in the Final Development Plan in order to comply with the requirements of LUC
Subsection 3.2.2(E)(4);
3. the Applicant shall limit the hours of operation and hours that certain deliveries (or
service calls, as applicable) may be made on the Subject Property as follows2:
Hours of operation
Limited to 5 a.m. – 11 p.m. Monday through Friday
Limited to 6 a.m. – 10 p.m. Saturday and Sunday
Restricted Delivery Hours
No fuel/food/merchandise deliveries before 7:30 a.m. – 7 days/week
No fuel/food/merchandise deliveries after 7:00 p.m. – 7 days/week
No trash/recycling service before 7:30 a.m. – 7 days/week
No trash/recycling service after 7:00 p.m. – 7 days/week
2 The Applicant and City Staff shall be permitted to work in good faith to modify the hours of operation and
restricted delivery hours set forth in this condition of approval, provided that: (1) City Staff finds and determines
that the final agreed-upon hours of operation and restricted delivery hours properly balance the economic needs of
the Applicant with the needs of City residents in the vicinity of the Subject Property; and (2) the final agreed -upon
hours of operation and restricted delivery hours are clearly set forth and referenced in the Final Development Plan.
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4. the Applicant shall modify the FDP lighting/photometric plan to reduce all off-hour
site lighting to comply with the limits of the LC1 Lighting Context Area (low
ambient lighting) referenced in LUC Section 3.2.4.
DATED this 11th day of December, 2022.
___________________________________
Marcus McAskin
Hearing Officer
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ATTACHMENT A
Staff Report
Kum & Go #0951
(PDP #210013)
Development Review Staff Report Agenda Item X
Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
Administrative Hearing – November 30, 2022
Kum & Go #0951, PDP210013
Summary of Request
This is a request for a Project Development Plan to develop a
Kum & Go convenience store with fuel sales at 945, 947, 949 E
Prospect Road, and 1607 S Lemay Avenue. The redevelopment
includes a 4,000 sf convenience store and accompanying
canopy with 4 fueling dispensers. Access is taken from S Lemay
Ave to the east. The site is directly south of E Prospect Rd and
directly west of S Lemay Ave. The property is within the
Neighborhood Commercial (NC) zone district and is subject to
Administrative (Type 1) Review.
Zoning Map
Next Steps
If approved, the applicant will be eligible to submit for Final
Development Plan review. Once the final plan set is approved
and recorded, the applicant would be eligible to apply for
construction and building permits.
Site Location
Located southwest of the intersection of E
Prospect Rd and S Lemay Ave, parcel #s
9724106905, 9724106017, 9724105001,
and 9724106016.
Zoning
Neighborhood Commercial (NC)
Property Owner
City of Fort Collins (945 E Prospect Road)
Richard and Pamela Dunlap
3813 Ideal Drive
Fort Collins, CO 80524
Applicant/Representative
Dan Garneau
Kum & Go
1459 Grand Avenue
Des Moines, Iowa
Staff
Kai Kleer, City Planner
Contents
1. Project Introduction .................................... 2
2. Public Outreach ......................................... 7
3. Article 2 – Applicable Standards ................ 7
4. Land Use Code Article 3 .......................... 11
5. Land Use Code Article 4 .......................... 24
6. Findings of Fact/Conclusion .................... 28
7. Recommendation ..................................... 29
8. Attachments ............................................. 29
Staff Recommendation
Conditional Approval of the PDP and
Modification of Standard.
SITE
LMN
RL
NC
MMN
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1. Project Introduction
A. PROJECT DESCRIPTION
• This is a proposal to develop demolish a service station w/ fuel sales and two single-family detached homes
to construct a 4,066 square foot convenience store, four fuel pumps and fuel pump canopy.
• The development would consolidate three lots and carve off a portion of a fourth lot to create a 40,127 square
foot redevelopment area.
• The plan proposes to consolidate six (6) points of access into a single point of access on S Lemay Avenue.
• The project includes the construction of an eastbound right turn lane on East Prospect Road.
• The frontage along South Lemay Avenue will include a bus shelter as specified by the Transportation Master
Plan.
• The proposal includes one request for a modification of standard to 4.23(B)(2)(c)8. Convenience retail stores
with fuels sales ¾ miles separation requirement and four staff recommended conditions of approval.
B. SITE CHARACTERISTICS
1. Development Status/Background
As previously mentioned, this project proposes to consolidate and redevelop three lots and carve off a portion
of a fourth lot to create a 40,127 square foot development site. The land area was incorporated into City limits
as part of the Second Spring Creek and Schrader’s First Annex. Subsequent development of each lot included
the following:
945 East Prospect Road
• Contains a single-family detached residence on a 14,300 square foot parcel that was originally
constructed in 1936.
• The City purchased this property in 1991 to construct an eastbound right turn lane at the intersection
of Prospect and Lemay. Ultimately, the project was paused because of the high cost of relocating the
existing fuel station which still exists today.
• An historic survey was completed in 2020 for this property and it was determined that it qualif ied as an
historic resource.
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947 East Prospect Road
• Contains a single-family detached residence that was originally constructed in 1947. The home is
located on a 9,907 square foot parcel. An historic survey was completed in 2020 for this property and it
was determined that it did not qualify as an historic resource.
949 East Prospect Road
• Land was originally annexed in 1961 as the Schrader’s First Annex.
• Originally constructed as a service garage in 1963, this is the site of the City’s last full-service gas
station, Hospital Automotive, which has been in operation over the last 25-years. The 1,268 square
foot building is contained within an 8,276 square foot corner parcel. An historic survey was completed
in 2020 for this property and it was determined that it did not qualify as an historic resource.
•
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1607 South Lemay Avenue
• Contains a single-family detached dwelling constructed in 1914. The home is located on a 20,076
square foot parcel. An historic survey was completed in 2020 for this property and it was determined
that it did not qualify as an historic resource.
•
2. Surrounding Zoning and Land Use
North South East West
Zoning Neighborhood
Commercial (NC)
and Low Density
Residential (RL)
Neighborhood
Commercial (NC)
Neighborhood
Commercial (NC)
Low Density Mixed
Use Neighborhood
(LMN)
Land
Use
Single-family
detached and
limited indoor
recreation (Impulse
Dance and Fitness)
Single-family
detached
Park Central Retail
Center that
includes office,
retail, professional
services,
microbrewery, and
convenience store
w/ fuel sales (7-
Eleven/Conoco)
Single-family
detached and multi-
family dwellings
(Prospect Springs
PUD
Condominiums)
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C. CITY PLAN (2019)
The City’s comprehensive plan (City Plan) was updated in 2019. City Plan is organized based on seven outcome
areas that form the basis of the City’s Budgeting for Outcomes (BFO) process. Three core values guide the vision
for City Plan: livability, community, and sustainability. Each outcome area has a series of statements indicating
how the principles and policies of each outcome area align with the core values. Action plans accompany each
outcome area to ensure implementation of City Plan.
Further, the Plan provides a new framework map that reflects the vision for how zone districts will develop over
time. This development plan is located within the Neighborhood Mixed-Use District which is defined as follows:
Principal Land Use
Grocery store, supermarket, or other type of anchor, such as a drugstore
Supporting Land Use
Retail, professional office, childcare centers, and other neighborhood services, along with residential units, civic/
institutional uses, pocket parks, gathering spaces and other supporting uses
Density
Densities will vary; building heights will be between one and five stories
Key Characteristics/Considerations
• Neighborhood Mixed-Use Districts are stand-alone districts that are smaller in scale than Suburban
Mixed-Use districts (typically smaller than 10 acres) and surrounded by neighborhoods.
• Provide a range of neighborhood-oriented services in a compact, pedestrian and bicycle-friendly
setting.
• Supported by direct pedestrian and bicycle linkages to surrounding neighborhoods and more limite d
bus service.
Typical Types of Transit
Varies depending on density and surrounding context, but generally served by fixed-route service at frequencies of
between 30 and 60 minutes
Principles & Policies
The following are principles and policies that the proposed project provides alignment with.
Neighborhood Livability and Social Health
Principle LIV 2: Promote infill and redevelopment.
Policy LIV 2.1 - REVITALIZATION OF UNDERUTILIZED PROPERTIES
Support the use of creative strategies to revitalize vac ant, blighted or otherwise underutilized structures and
buildings, including, but not limited to:
• Adaptive reuse of existing buildings (especially those that have historic significance);
• Infill of existing surface parking lots—particularly in areas that are currently, or will be, served by bus rapid
transit (BRT) and/or high-frequency transit in the future; » Public/private partnerships;
• Infrastructure improvements/upgrades;
• Streetscape enhancements; and
• Voluntary consolidation and assemblage of properties to coordinate the redevelopment of blocks or
segments of corridors where individual property configurations would otherwise limit redevelopment
potential
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Principle LIV 3: Maintain and enhance our unique character and sense of place as the commun ity grows.
Policy LIV 3.5 - DISTINCTIVE DESIGN
Require the adaptation of standardized corporate architecture to reflect local values and ensure that the
community’s appearance remains unique. Development should not consist solely of repetitive design that may be
found in other communities.
Policy LIV 3.6 - CONTEXT-SENSITIVE DEVELOPMENT
Ensure that all development contributes to the positive character of the surrounding area. Building materials,
architectural details, color range, building massing, and relationships to streets and sidewalks should be tailored to
the surrounding area
Principle LIV 4: Enhance neighborhood livability.
Policy LIV 4.2 - COMPATIBILITY OF ADJACENT DEVELOPMENT
Ensure that development that occurs in adjacent districts complements an d enhances the positive qualities of
existing neighborhoods. Developments that share a property line and/or street frontage with an existing
neighborhood should promote compatibility by:
• Continuing established block patterns and streets to improve access t o services and amenities from the
adjacent neighborhood;
• Incorporating context-sensitive buildings and site features (e.g., similar size, scale, and materials); and
• Locating parking and service areas where impacts on existing neighborhoods —such as noise and traffic—
will be minimized.
Principle LIV 10: Recognize, protect, and enhance historic resources.
Policy LIV 10.1 - IDENTIFY HISTORIC RESOURCES Determine through survey techniques what historic
resources exist within the GMA; how significant these resources are; the nature and degree of threat to their
preservation; and methods for their protection.
Policy LIV 10.2 - PRESERVE HISTORIC RESOURCES Preserve historically significant buildings, sites, and
structures throughout Downtown and the community. Ensure that new construction respects the existing
architectural character of the surrounding historic resources without artificially duplicating historic elements.
Policy LIV 10.5 - PLANNING AND ENFORCEMENT Recognize the contribution of historic resources to the quality
of life in Fort Collins through ongoing planning efforts and enforcement of regulations.
Summary of Staff’s Comprehensive Plan Findings
The proposed development will provide general alignment with the Principles and Policies of the City’s
comprehensive plan by providing the following elements:
• A supporting land use that will serve the surrounding residential neighborhoods.
• An improved street sidewalk system that connects to the Spring Creek Trail and bus shelter that will serve
the Fort Collins transit system.
• Infrastructure improvement (right turn lane) and streetscape enhancements such as closing off multiple
points of access, street trees, detached sidewalk along Lemay, and expanded attached sidewalk along
Prospect.
• Incorporating context sensitive building and site features that complement the historic resource to the west.
The plan proposes to pull in elements of roof form, color, and materiality.
• The preservation of a historically eligible resource located at 945 E Prospect.
Administrative Hearing – Item X
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2. Public Outreach
A. PUBLIC COMMENT
City staff have received several comments related to the project which include:
• That demolition of the intervening single-family detached home and expansion of the fuel station would
bring the impacts of lighting, noise, and overall activity closer to the abutting residential property to the
south. These impacts would create significant impacts to neighborhood quality of life.
• Commercial traffic such as fuel trucks, trash trucks, and deliveries are not adequately mitigated through
the proposed fencing and screening plan and that the proximity of the entrance will further enhance the
impacts of such traffic.
• Potential for increased disruptive behavior such as loitering, litter, noise, and crime.
• The current fuel station operates from 7:30 am to 6pm Monday thru Saturday and are closed on Sundays.
These restrictions on hours of operation align with the neighborhood character and preserve enjoyment of
adjoining properties
• Concerns around sales of alcohol and alcohol consumption on or around the premises.
3. Article 2 – Applicable Standards
A. DIVISION 2.2 - PROJECT DEVELOPMENT PLAN PROCEDURAL OVERVIEW
1. Conceptual Review – CDR210031
A conceptual review meeting was held on April 15, 2021.
2. Neighborhood Meeting – Not Applicable
Because this project is subject to a Type 1 (Administrative Hearing) a neighborhood meeting is not required
and was not held for this project.
3. First Submittal – PDP210013
The first submittal of this project was completed on August 6, 2021.
4. Notice (Posted, Written and Published)
Posted Notice: August 25, 2021, Sign # 705
Published Hearing Notice: November 16, 2022
Administrative Hearing – Item X
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B. DIVISION 2.8 – MODIFICATION OF STANDARDS
The applicant requests one modification of standard to 4.23(B)(2)(c)8. – which requires a 3,960 foot separation
from any other fueling station.
The Land Use Code is adopted with the recognition that there will be instances where a project would support the
implementation of City Plan, but due to unique and unforeseen circumstances would not meet a specific standard
of the Land Use Code as stated. Accordingly, code standards include provisions for modifications. The
modification process and criteria in Land Use Code Division 2.8.2(H) provide for evaluation of these instances on a
case-by-case basis, as follows:
Land Use Code Modification Criteria:
“The decision maker may grant a modification of standards only if it finds that the granting of the
modification would not be detrimental to the public good, and that:
(1) the plan as submitted 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 for which a
modification is requested; or
(2) the granting of a modification from the strict application of any standard would, without impairing the
intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described
problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the
proposed project would substantially address an important community need specifically and e xpressly
defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of
the City Council, and the strict application of such a standard would render the project practically infeasible;
or
(3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to
such property, including, but not limited to, physical conditions such as exceptional narrowness,
shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy
system, the strict application of the standard sought to be modified would result in unusual and exceptional
practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such
difficulties or hardship are not caused by the act or omission of the applicant; or
(4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by
this Division to be modified except in a nominal, inconsequential w ay when considered from the
perspective of the entire development plan and will continue to advance the purposes of the Land Use
Code as contained in Section 1.2.2.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific findings
showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (1), (2), (3)
or (4).
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1. Modification to 4.23(B)(2)(c)8. - Convenience retail stores with fuel sales.
This standard requires that convenience stores with fuel sales be at least three thousand nine hundred sixty
(3,960) feet (three quarters [¾] of a mile) from any other such use and from any fueling station.
This modification is included because an existing convenience retail store with fuel sales is located right
across the street (currently a Conoco/7-11 in the Prospect Plaza shopping center). Also, another small
convenience store with fuel sales is located 2,900 feet to the north. The zoning contains this spacing for
convenience retail stores with fuel sales; but, it lists convenience stores as a permitted use without the
requirement; and, It lists fuel stations (gasoline stations) without the requirements.
This situation is not entirely understood by staff although staff does note that the ¾ mile distance dates to the
former Land Development Guidance System (LDGS) planning system established in the 1980’s (a precursor to
the Land Use Code).
At the time of the LDGS, Neighborhood Convenience Shopping Centers (NCSC’s) were a key component of
land use planning to emphasize integrated neighborhoods and avoid the tendency for arterial streets to
become commercial strips. The development pattern prevailing at the time was the mile grid being develop
with original County roads being improved as Arterial streets on a mile grid, and Collector streets bisecting
each mile, in the cardinal directions.
The system was a point-based scoring system that encouraged these NCSC’s to be built at arterial/collector
intersections rather than arterial/arterial intersections. The ¾ mile distance was related to that, because of the
typical collector spacing of ½-2/3 of of a mile from the arterial intersections
Staff recognizes that the concept drives from the point chart for NCSCs in the LDGS.
The sweeping change from the LDGS to the Land Use Code in 1997 included the new zoning designation of
‘Neighborhood Commercial Districts.
The Neighborhood Commercial zone district is envisioned to be a grocery store anchored district that features
a mix of retail, professional office, and other service oriented land uses that serve the surrounding
neighborhoods. The standard was created to prevent the proliferation of convenience retail store with fuel
stations at arterial intersections where Neighborhood Commercial districts are typically located.
In any case, staff understands that the general intent is to discourage the proliferation of commercial uses in
the form of commercial strips along arterials and to bring neighborhood-serving uses together in centers that
integrate with surrounding neighborhoods.
Staff will propose a code revision to clarify the intent and the metrics as part of the continuous Land Use Code
maintenance and update process. delete map
Summary of Applicant Justification
The applicant’s modification request is attached and provides their complete justification. The applicant
contends the following:
• That project would be replacing an already existing fuel and service station (Hospital Automotive).
• The project would provide substantial public benefit by upgrading sidewalks, streetscape, bus station
shelter, stormwater infrastructure, and an eastbound right turn lane along Prospect.
Staff Findings
Staff finds that the granting of the modification would not be detrimental to the public good and that the plan
satisfies criterion (1), “equal to or better than” criterion (3) “physical hardship”, and criterion (4), “nominal and
inconsequential” under Section 2.8.2(H) – Modification Request.
Not Detrimental to the Public Good. The plan provides a long awaited right-turn lane to E Prospect Road
that has been warranted since the late 1980’s that requires a 20’ dedication of ROW that without
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redevelopment would make the properties unusable. Other public improvements include a bus shelter along S
Lemay Avenue, widened sidewalks, improved street crossing, and stormwater improvements that will help
alleviate flooding within the immediate area. Further, staff recommended conditions will reduce the overall
impacts of the project to neighboring residential properties. The plan is essentially an update and upgrade of
the 1962 gas and vehicle service station.
As part of the NC District which incorporates the intersection, the use does represent proliferation or arterial
strip commercial development.
Criterion 1, “equal to or better than”. Staff believes that the proposed convenience retail store with fuel
sales would be as good as a plan that would omit the c-store or the fuel sales, or reconstruct the current use of
the site as a vehicle servicing and fuel sales, neither of which would be subject to the separation
requirements.
So, the district could consist of these uses in a different arrangement; and the difference between differing
arrangements of these uses within this NC District would not affect its overall function for purposes of the
standard.
The c-store and gas station can serve residents of the neighborhood areas located south and west of the
intersection as well as or better than a plan without these components.
The redevelopment of the site will provide substantial public benefit and allow for the completion of a right-turn
lane that has been on a City Capital Project list since the late 1980’s.
Criterion 4, “nominal and inconsequential”. Considering that:
This is the redevelopment of a site that has operated as an automotive service and gas station since 1962.
The plan essentially proposes to exchange the ‘minor vehicle repair’ with a ‘convenience retail store’ land use.
The existing service station features four fuel pumps while the proposed project maintains the same number of
pumps.
The separation requirement is limited to convenience retail stores with fuel sales. Gasoline stations and
convenience retail stores without fuel sales, do not have the same limitation. The district could consist of these
uses in a different arrangement, and the difference between differing arrangements of these uses within this
NC District would not affect its overall functionality. Thus the proposed arrangement of the uses is nominal and
inconsequential from the perspective of the whole plan, which provides long-needed infrastructure upgrades
along with architectural and landscape improvements consistent with the Land Use Code.
For all of the reasons stated above, the plan continues to advance the purposes of the Land Use Code.
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4. Land Use Code Article 3
A. DIVISION 3.2 - SITE PLANNING AND DESIGN STANDARDS
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
3.2.1 –
Landscaping
and Tree
Protection
The standards in this Section require a development plan to demonstrate
a whole approach to landscaping that enhances the appearance and
function of the neighborhood, streetscapes, walkways, other outdoor
spaces, and buildings.
The main landscape plan components are:
• A 11-19 foot landscape buffer along the south side of the site
that contains a combination of evergreen/deciduous shrubs and
trees that provide screening and separation to the residence to
the south. Seven (7) of the 13 trees will be preserved in this area
of the site.
• A 6-foot privacy fence that features stone columns every 37 feet
along the south and west boundary of the site.
• Full tree stocking of site (219 shade, evergreen, and ornamental
trees).
• Irrigated turf and street trees in the parkways along half ROW of
Delozier Dr, Crusader St, Flourish Ln, Comet St, and Aria Way
(see image below).
• Remaining streetscapes not highlighted below will be
constructed with Bloom Filing One.
• Ground plane landscape area plantings of ornamental trees and
shrubs in mulch beds, including perennials and grasses (details
to be finalized at FDP).
Irrigation plans for all landscaping will be included in final plans.
Complies
3.2.1 (D)(2) –
Street Trees
Wherever the sidewalk is separated from the street by a parkway, canopy
shade trees must be planted at thirty-foot to forty-foot spacing (averaged
along the entire front and sides of the block face) in the center of all such
parkway areas. Such street trees shall be placed at least eight (8) feet
away from the edges of driveways and alleys.
The plan provides the following:
• Four (4) street trees within grates along Prospect Road.
• Four (4) street trees along S Lemay Avenue.
Planning, Light & Power, and forestry staff will work with the applicant
team during the Final Development Plan process to finalize location of
streetlights, tree species, and quantities.
Complies
3.2.1(D)(3)
Minimum
Species
Diversity
The intent of this standard is to avoid extensive monocultures and prevent
uniform insect and disease susceptibility on a development site, based on
the number of trees on the site.
In compliance with the standard, the plan provides 6 tree species with no
one species exceeding the maximum allowable diversity mix of 33%.
Complies
3.2.1(E)(1) –
Buffering
Between
Incompatible
In situations where the Director determines that the arrangement of uses
or design of buildings does not adequately mitigate conflicts reasonably
anticipated to exist between dissimilar uses, site elements or building
Complies
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Uses and
Activities
designs, one (1) or more of the following landscape buffering techniques
shall be used to mitigate the conflicts.
(a) Separation and screening with plant material: planting dense
stands of evergreen trees, canopy shade trees, ornamental trees
or shrubs;
(b) Integration with plantings: incorporating trees, vines, planters,
or other plantings into the architectural theme of buildings and
their outdoor spaces to subdue differences in architecture and
bulk and avoid harsh edges;
(c) Establishing privacy: establishing vertical landscape
elements to screen views into or between windows and defined
outdoor spaces where privacy is important, such as where larger
buildings are proposed next to side or rear yards of smaller
buildings;
(d) Visual integration of fences or walls: providing plant material
in conjunction with a screen panel, arbor, garden wall, privacy
fence or security fence to avoid the visual effect created by
unattractive screening or security fences;
(e) Landform shaping: utilizing berming or other grade changes
to alter views, subdue sound, change the sense of proximity and
channel pedestrian movement.
The proposed expansion of the site will result in adjacency to two single-
family detached dwellings. Staff has carefully considered placement of
site elements, lighting, landscaping, and fencing as part of an overall
approach to mitigate impacts of the proposed use. The Plan proposes to
meet buffering through technique (d) which includes the following:
• A 6-foot privacy fence that features stone columns every 35-40
feet along the south and west boundary of the site.
• 11-19 foot landscape area along the south side of the site that
contains a combination of evergreen/deciduous shrubs and
trees.
• 15-foot landscape area west of the fuel pumps and drive aisle
that contains evergreen, deciduous trees, and shrubs in
adequate quantities.
• Line of medium-sized shrubs contained within a 5-foot
landscape bed in front of head-in parking spaces on the west
side of the site.
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3.2.1(E)(3) –
Water
Conservation
Landscape plans are required to be designed in a way that employs water
efficient techniques, such as using low water use plants, limiting high
water-use turf to areas of high traffic, efficient irrigation design and use of
mulch to conserve moisture. Landscape plans may not exceed an
average of fifteen gallons per square foot of landscape.
The landscape plan demonstrates high, moderate, and low water zones.
Combined, all landscape areas within the site are calculated to average
12 gallons per square foot, in compliance with the Maximum allowance of
15 gallons/square foot.
Complies
3.2.1(E)(4) –
Parking Lot
Perimeter
Landscaping
The parking lot perimeters are required to be landscaped in setback
areas by meeting the following minimum standards:
a. One (1) tree per 25 lineal feet along a public street (Lemay &
Prospect) and one (1) tree per forty feet along a side lot line.
b. Screening from the street and all nonresidential uses shall
consist of a wall, fence, planter, earthen berm, plant material or
a combination of such elements, each of which shall have a
minimum height of thirty (30) inches. Such screening shall
extend a minimum of seventy (70) percent of the length of the
street frontage of the parking lot and seventy (70) percent of the
length of any boundary of the parking lot that abuts any
nonresidential use. Openings in the required screening shall be
permitted for such features as access ways or drainage ways.
Where screening from the street is required, plans submitted for
review shall include a graphic depiction of the parking lot
screening as seen from the street. Plant material used for the
required screening shall achieve required opacity in its winter
seasonal condition within three (3) years of construction of the
vehicular use area to be screened.
The plan provides perimeter parking lot landscaping which includes:
• A low architectural wall (see below), canopy shade tree, and a
combination of 20 shrubs and grasses along S Lemay Avenue.
• One tree per 25-35 feet along the adjoining property lines.
Complies
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3.2.1(E)(5) –
Parking Lot
Interior
Landscaping
The interior space of all parking with less than 100 spaces must contain
six (6) percent landscape coverage. Landscape islands must have a
canopy shade tree and ground planting. Further, the standards require an
intervening landscape island no more than every 15 parking spaces,
landscaping along walkways and driveways, and landscape material
placement that preserves driver sight distance at driveway-street
intersections.
Parking lot interior landscaping requirements are not met by the proposed
plan. Staff is recommending a Condition that is interrelated to 3.2.2(E)(4)
– Landscape Islands. As part of this condition the project shall provide an
interior parking lot landscaping that meets the minimum 6% interior
parking lot landscaping requirements in a manner acceptable by City
Staff.
Condition
of
Approval
3.2.1(F) –
Tree
Mitigation
This Section requires that developments retain significant existing trees to
the extent reasonably feasible.
• Forestry staff has identified and assigned values to all 38 trees
which currently exist on-site. The project proposes to preserve
eight trees and remove 30 trees which equal a total mitigation
value of 53.
• The plan will provide 19 upsized trees on site and due to the
limited space of the site, a payment in-lieu will be provided for
the remaining 21 trees.
Complies
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3.2.2 (A)(B)(C)
– Access,
Circulation
and Parking
This Section requires that development projects accommodate the
movement of vehicles, bicycles, and pedestrians safely and conveniently,
both within the development and to and from surrounding areas, safely
and conveniently and contribute to the attractiveness of the
neighborhood. Sidewalk or bikeway extensions off-site may be required
based on needs created by the proposed development.
In compliance with the standard, the plan provides the following elements:
• Two walkway connections into the adjacent sidewalk system
surrounding the project.
• Consolidation of six Curbcuts that will provide greater safety for
pedestrians and bicyclists.
Complies
3.2.2 (C)(4) –
Bicycle
Parking
Bike parking is calculated at a ratio of 1 space per 4,000 square feet of
building space with a minimum of 4 spaces. 20% of all spaces must be
enclosed, while the remaining 80% can be satisfied by using fixed racks.
The requirement for the proposed 4,066 square foot convenience store is
4 spaces with 1 enclosed and 3 fixed. The plan does not provide the
require bicycle parking in compliance with this standard.
• Staff recommends a Condition of Approval that prior to Final
Plan approval, the project provide enclosed and fixed bicycle
parking in compliance with the requirements of this section.
Condition
of
Approval
3.2.2(C)(5) –
Walkways
Internal private walkways are provided in the following manner:
• North: walkway connection between E Prospect and the rear
building entrance and main building entrance.
• East: walkway connection between S Lemay Avenue and the
main entrance.
Complies
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The network of walkways provides safe access for pedestrians into and
out of the site.
3.2.2(C)(6,7) These standards require that the on-site/off-site pedestrian and bicycle
circulation system be designed to provide for direct connections to major
pedestrian and bicycle destinations, including, trails, parks, schools,
Neighborhood Centers, Neighborhood Commercial Districts, and transit stops
that are located either within the development or adjacent to the development .
The plan provides the appropriate connections to the surrounding
destinations:
• Route 5, Southbound Lemay & Prospect Bus Shelter which will
be constructed as part of this project.
• Improvement of the existing sidewalk that provides connection
into the Spring Creek Trail system.
• Improvements to the intersection with a pedestrian island that
connects into the adjoining Neighborhood Center shopping
center to the east.
Complies
3.2.2(E)(4) –
Landscape
Islands
To the maximum extent feasible, landscaped islands with raised curbs
shall be used to define parking lot entrances, the ends of all parking
aisles and the location and pattern of primary internal access drives, and
to provide pedestrian refuge areas and walkways.
The plan currently proposes a flagpole and narrow integral curb system
that terminates the parking aisle immediately in front of the building. Staff
recommends a Condition of Approval that prior to Final Plan approval, the
project provide a landscape island to terminate the end of the parking
aisle and in adequate size to meet the minimum 6% interior parking lot
landscaping requirements in a manner acceptable by City Staff.
This condition would reduce the overall parking count from 16 to 15
spaces which would be in compliance with the minimum required parking
for the site.
Condition
of
Approval
3.2.2(J) –
Setbacks
Any vehicular use area containing six (6) or more parking spaces or one
thousand eight hundred (1,800) or more square feet shall be set back
from the street right-of-way and the side and rear yard lot line. The
minimum requirement along lot lines is 5 feet and arterial streets (Lemay
and Prospect) are 15-feet.
Setbacks along lot lines for vehicular use areas may be increased by the
decision maker to enhance compatibility with the abutting use or to match
the contextual relationship of adjacent or abutting vehicular use areas.
In compliance with the standard the project provides:
• Increased setback between 11 and 19 feet along the south
property line.
• Increased setback between 5-15 feet along the west property
line.
• 15-setback along S Lemay. Thought the plan provides a 15-foot
setback there are several overlapping factors such as utilities,
bus shelter, and large drive radius that requires the plan to
incorporate low architectural walls meet the screening
requirements for this space.
Complies
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3.2.2(K) –
Nonresidentia
l Parking
Requirements
Nonresidential uses must provide a minimum number of parking spaces
and are limited to a maximum depending on the land use. If on-street or
shared parking is not available on land adjacent to the use, then the
maximum parking allowed may be increased by twenty (20) percent.
The 4,066 square foot store is classified as under the General Retail
parking standards which require allow for a minimum of 2 spaces/1,000
square feet and a maximum of 4/1,000 square feet.
For this project standards allow for a minimum of 8 and a maximum of 16
(or 19 with a 20% increase)
The 4,066 sq ft convenience store proposes 16 parking spaces, with one
designated as accessible, in compliance with the standards of this
section.
A condition of approval related to landscape islands would reduce
proposed parking from 16 to 15 spaces and would remain in compliance
with this standard.
Complies
3.2.4 – Site
Lighting
The purpose of this Section is to ensure adequate exterior lighting for the
safety, security, enjoyment, and function of the proposed land use;
conserve energy and resources; reduce light trespass, glare, artificial
night glow, and obtrusive light; protect the local natural ecosystem from
damaging effects of artificial lighting; and encourage quality lighting
design and fixtures.
In compliance with the standards of this Section, the lighting plan
proposes the following light fixtures:
• All pole and building-mounted lighting will feature sharp cut-off
and fully shielded luminaries, The under-canopy lighting will be
installed in a manner that features flush mount relative to the
canopy ceiling with a flat lensed lights that do not protrude. The
under-canopy lights, per the Photometric Plan, will be under the
maximum allowed.
Complies
3.2.5 – Trash
and
Recycling
The purpose of this standard is to ensure the provision of areas,
compatible with surrounding land uses, for the collection, separation,
storage, loading and pickup of trash, waste cooking oil, compostable and
recyclable materials.
The trash and recycling enclosure will feature exterior masonry materials
and lap siding that tie in elements of the primary building and abutting
historic resource.
Complies
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B. DIVISION 3.3 – ENGINEERING STANDARDS
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
3.3.1(C) –
Public Sites,
Reservations
and
Dedications
This Section requires the applicant dedicate rights-of-way for public streets,
drainage easements and utility easements as needed to serve the area being
developed. In cases where any part of an existing street is abutting or within
the property being developed, the applicant must dedicate such additional
rights-of-way as may be necessary to increase such rights-of-way to the
minimum width required by Larimer County Urban Area Street Standards and
the City of Fort Collins Land Use Code.
Engineering staff has reviewed and confirmed the proposed plan meets all
necessary reservation and dedication requirements of Larimer County Urban
Area Street Standards and other applicable codes.
Dedications include:
• 20 feet of ROW along E Prospect Road
• 21 feet of ROW along S Lemay Avenue
• 15’ utility and transit easement along the back side of ROW
Complies
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C. DIVISION 3.4 – CULTURAL RESOURCE PROTECTION STANDARDS
The purpose of this Section is to ensure that when property is developed consistent with its zoning designation, the
way in which the proposed physical elements of the development plan are designed and arranged on the site will
protect any natural habitats and features both on the site and in the vicinity of the site.
Applicable Code
Standard
Summary of Code Requirement and Analysis Staff Findings
3.4.7 – Historic &
Cultural Resources
This standard is intended to ensure that development is compatible with and
protects historic resources and that the design of new structures is compatible
with and protects the integrity of historic resources located within the area of
adjacency.
As mentioned earlier in this report 945 E Prospect Road was foun d to be
historically eligible. Historic preservation staff reviewed and found that the
proposal meets the design compatibility requirements in LUC 3.4.7(E) Table 1
sufficiently. In comments provided to the applicant on September 7, 2022,
Preservation staff confirmed that compatibility standards 1-2 for massing and
articulation were met related to the convenience store massing relative to this
property but recommended additional screening between the properties including
a fence and modification of the trash enclosure to lapboard siding.
Standards 3-4 on Materials were met with the use of lapboard on the
convenience store building.
Standards 5-6 on Façade Details were met using a similar window pattern on the
proposed convenience store as the 945 building.
Standard 6 was met as the historic resource will have little to no change in
visibility because of this development.
Complies
3.4.8 – Parks and
Trails
This standard requires compliance of development plans with the Parks and
Recreation Policy Plan to ensure that the community will have a fair and
equitable system of parks, trail and recreation facilities as the community grows.
The plan proposes direct connection into the S Lemay Avenue sidewalk system
which connects into the Spring Creek Trail.
Complies
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D. DIVISION 3.5 – BUILDING STANDARDS
Applicable
Code Standard
Summary of Code Requirement and Analysis Staff
Findings
3.5.1– Building
Project and
Compatibility
(B)(C)(E)(F)
The purpose of the following interrelated sections is to ensure that the
physical and operational characteristics of proposed buildings and
uses are compatible when considered within the context of the
surrounding area. They should be read in conjunction with the more
specific building standards contained in this Division 3.5 and the zone
district standards contained in Article 4.
These subsections require new developments in or adjacent to existing
developed areas are compatible, when considered within the context of the
surrounding area, by using a design that is complimentary. They should be
read in conjunction with the more specific building standards contained in
the zone district standards contained in Article 4.
• The building is a single-story 4,000 square foot convenience center
that breaks down the overall mass relative to 945 E Prospect Road
property by providing secondary roof element, and intervening
trash structure.
• Privacy is preserved using a 6 foot fence and varying buffer yard.
Staff will work with the applicant and historic preservation staff to
finalize the landscape plan along the western edge of the site.
• Building material are consistent with those being used in the
neighborhood and are in compliance with the more specific
requirements of historic preservation.
• Building color is neutral and was selected to facilitate blending with
the surrounding neighborhood.
•
Complies
3.5.1(J) –
Operation and
Physical
Compatibility
Standards
Conditions may be imposed upon the approval of development applications
to ensure that new development will be compatible with existing
neighborhoods and uses. Such conditions may include, but need not be
limited to, restrictions on or requirements for:(1) hours of operation and
deliveries;(2) location on a site of activities that generate potential adverse
impacts on adjacent uses such as noise and glare;(3) placement of trash
receptacles;(4) location of loading and delivery zones;(5) light intensity and
hours of full illumination;(6) placement and illumination of outdoor vending
machines;(7) location and number of off-street parking spaces.
Staff is recommending two conditions based on the project’s adjacency to
two single-family detached and multi-family residential uses and the
associated impacts of late-night traffic, noise, and lighting intensity and
hours of full illumination. Conditions include the following:
Hours of operation and deliveries shall be limited to 6 am-9:00pm Monday
through Friday and 6am-7:00pm Saturday and Sunday.
During off-hours, all site lighting shall be reduced below the limits in Section
3.2.4 in the LC2 Lighting District.
Conditions
of Approval
3.5.3 – Mixed –
Use,
Institutional
and
Nonresidential buildings must provide significant architectural interest and shall
not have a single, large, dominant building mass. The street level shall be
designed to comport with a pedestrian scale to establish attractive street fronts
and walkways. Walkways shall be designed principally for the purpose of
accommodating pedestrians while secondarily accommodating vehicular
movement. Buildings shall be designed with predominant materials, elements,
Complies
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Commercial
Buildings
features, color range and activity areas tailored specifically to the site and its
context.
• The plan provides design that is scaled to the pedestrian with projecting
architectural features, store-front window glazing, scaled overhanging
canopies and building and canopy design that features a mansard roof.
Walkways provide indirect connection from Prospect and direct
connection to the front entryway from Lemay Ave.
3.5.3(C)
Building
Placement in
Relation to
Streets
This standard requires that all dwellings are connected to the public or
private street sidewalk by a connecting walkway (as specifically defined)
that does not exceed 200 feet or by a major walkway spine (as specifically
defined) that does not exceed 350 feet.
The building is placed so that the primary building entrance is on the south-
facing façade and opens directly onto a connecting walkway which connects
out to S Lemay Avenue
Complies
3.5.3(C)(2) –
Orientation to
Build to Lines
for Streetfront
Buildings
To establish "build-to" lines, buildings shall be located and designed to align
or approximately align with any previously established building/sidewalk
relationships that are consistent with this standard. Accordingly, at least
thirty (30) percent of the total length of the building along the street shall be
extended to the build-to line area.
As required by the standard, the project is brought to the street corner of E
Prospect and S Lemay. The building occupies approximately 58% of the
frontage along prospect and establishes a setback that matches the
adjoining historic resource to the west (15-18 feet) and 17 foot setback
along Lemay Avenue.
Complies
3.5.3(D) –
Variation in
Massing
Variation in building mass is required to avoid the appearance of a single, large,
dominant building mass.
• The proposed building achieves a variation in massing through the
utilization of a projecting module. This module and secondary roof
feature break down the horizontal mass to be within compliance of the
requirements.
Complies
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3.5.3 (E) (1-6)
Character &
Image
These standards require that the building and fuel canopy feature
architectural details that break up the mass, articulate the facades and
ensure that the building is not duplicative of a standardized prototype
design.
Convenience Store
The 4,066 square foot convenience store is distinguished by a projecting
module and storefront glass system that is used in similar void ratio as the
single-family historic resource to the east. All four elevations feature a
distinctive stone veneer base treatment that is terminated by a limestone
sill. The middle of the building features a neutrally colored brick veneer with
banding that aligns with the overhanging eave of the historic residence.
Other features include overhanging mansard roof, clipped gable,
architectural blade, and storefront window/panel system.
The southern façade and primary entrance are defined by a 3’10”
secondary roof overhang that spans most of the façade. The secondary roof
transitions to a gable end detail over the entry doors. The secondary
entrance facing prospect will be utilized as a service door for employees
only.
The project utilizes similar architectural elements including building
materials and colors/shades found in the residential developments nearby.
Fuel Canopy
The fuel canopy ties in elements of the surrounding residential character by
providing a mansard style standing seam metal roof, aluminum covered
metal columns and stone base. The canopy design features similar
materiality of the primary building. More specific canopy standards are
addressed later in this report.
Complies
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E. DIVISION 3.6 - TRANSPORTATION AND CIRCULATION
This Section is intended to ensure that the transportation system is in conformance with adopted transportation
plans and policies established by the City.
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
3.6.4 –
Transportation
Impact Study
A Transportation Impact Study was performed for this PDP. The
following conclusions of the report have been reviewed and accepted
by City Traffic Engineering staff:
• The project is expected to generate 3,305 daily trips, 328
AM peak hour trips, and 273 PM peak hour trips.
• The movements at existing intersections operate with
acceptable levels of service.
• Movements at the new site drive are expected to operate
with acceptable levels of delay in the future background +
site scenarios except for the eastbound left turn. This
movement is expected to experience unacceptable delay in
the peak hours.
• This intersection of Prospect and Lemay is expected to
operate with acceptable delay in the opening day (2022)
scenarios. By the long term (2042) scenario, the intersection
is expected to operate at LOS F which does not comply with
ACF standards. This is primarily related to background traffic
growth. Due to this and the potential for significant impacts
of intersection widening the expansion of the intersection
should be considered as part of a larger effort to address
overall intersection operations.
Complies
3.6.6 –
Emergency
Access
This Section requires adequate access for emergency vehicles and
persons rendering fire protection and emergency services.
Poudre Fire Authority staff has reviewed and preliminarily approved
the proposed 24 foot circular emergency access easement that
overlays the parking area.
Complies
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5. Land Use Code Article 4
A. DIVISION 4.23 – NEIGHBORHOOD COMMERCIAL DISTRICT (N-C)
The Neighborhood Commercial District is intended to be a mixed-use commercial core area anchored by a
supermarket or grocery store and a transit stop. The main purpose of this District is to meet consumer demands for
frequently needed goods and services, w ith an emphasis on serving the surrounding residential neighborhoods
typically including a Medium Density Mixed-Use Neighborhood. In addition to retail and service uses, the district
may include neighborhood-oriented uses such as schools, employment, day care, parks, small civic facilities, as
well as residential uses.
This District is intended to function together with a surrounding Medium Density Mixed -Use Neighborhood, which
in turn serves as a transition and a link to larger surrounding low density neighborhoods. The intent is for the
component zone districts to form an integral, town-like pattern of development with this District as a center and
focal point; and not merely a series of individual development projects in separate zone districts.
The zoning map below shows the extent and context of the zone district.
Fort
Collins
Club
Lofts at
Park
Central
Condos
Site Park
Central
PUD
Medical
Center of
Fort Collins
PUD
Professional
Arts Condos
Edora
Community
Park
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Applicable
Standard
Summary of Requirement and Analysis Staff
Findings
4.23(B) -
Permitted
Uses
Convenience retail stores with fuel sales, if they are at least three thousand nine
hundred sixty (3,960) feet (three quarters [¾] of a mile) from any other s uch use
and from any fueling station.
Modification
Request
4.23 (D) –
Land Use
Standards
This standard requires that land use boundaries occur at mid-block locations
rather than at streets so that similar buildings face each other.
The proposed project faces similar buildings and uses within the area with a
dance studio to the north across Prospect and convenience store with fuel sales
across Lemay.
Complies
4.23(E)(1)(a) –
Overall Plan
The project must demonstrate that the development plan contributes to a
cohesive, continuous, visually related and functionally linked pattern within
existing or approved development plans within the contiguous Neighborhood
Commercial District area in terms of street and sidewalk layout, building siti ng
and character and site design.
The project is the redevelopment of an existing service station and two
residential properties that is separated by a four lane arterial from the larger NC
area. The project provides a sidewalk layout, building character and site design
that is consistent with the surrounding NC district and is more specifically
geared toward compliance with the historic structure located to the west of this
site.
Complies
4.23(E)(1)(c) –
Development
Standards
Transit stop facilities shall be integrated into the design of the district, centrally
located, and easily accessible for pedestrians walking to and from the
surrounding neighborhoods.
A transit stop and bench currently exists within the area of development and will
be upgraded to a sheltered facility, consistent with the requirements of this
section.
Existing Condition:
Complies
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4.23(E)(2)(d) –
Building
Height
All buildings shall have a minimum height of twenty (20) feet.
The project proposes a building height of 20 feet.
Complies
4.23(E)(3)(a-
f)– Canopies
(a) Primary canopies and shade structures shall be attached to and made an
integral part of the main building and shall not be freestanding.
(b) Freestanding secondary canopies and shade structures that are detached
from the building, if any, shall be designed with a pitched roof, or have the
appearance of a pitched roof through a false mansard or parapet, to match the
primary canopy and relate to the neighborhood character.
• A freestanding secondary canopy is proposed for the related fuel
pumps within the site. The canopy design features a mansard roof that
matches the entryway overhang, primary roof, and secondary roof
elements of the building.
Complies
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(c) All canopies shall be designed with a shallow-pitched roof, false mansard or
parapet that matches the building. Such roofs, false mansards or parapets shall
be constructed of traditional roofing materials such as shingles or cementitious,
clay or concrete tiles, or standing seam metal in subdued, neutral colors in a
medium value range. The colors shall be designed to relate to other buildings
within the commercial center.
• The project proposes a false mansard roof with zinc grey standing-
seam metal roof. These colors relate to the primary commercial
building and are residential in character.
(d) Canopy fascia and columns shall not be internally illuminated nor externally
illuminated with neon or other lighting technique, nor shall canopy fascia or
columns be accented, striped or painted in any color except that of the
predominant building exterior color.
• The canopy features a zinc grey aluminum fascia consistent with the
predominant building exterior color.
(e) There shall be no advertising, messages, logos, or any graphic
representation displayed on the canopy fascia or columns associated with drive-
in restaurants, financial services, and retail stores. This prohibition shall not
apply to canopies for covering the retail dispensing or sale of vehicular fuels
[see paragraph 3.8.7(E)(13)].
• Consistent with the exception of this standard the canopy features a
Kum & Go illuminated sign.
(f) Under-canopy lighting shall be fully recessed with flush-mount installation
using a flat lens. There shall be no spot lighting.
The project proposes a flat lens light fixture consistent with the requirements of
this section.
Administrative Hearing – Item X
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6. Findings of Fact/Conclusion
In evaluating the request for the Kum and Go #0951 Project Development Plan #PDP210013, staff makes the
following findings of fact:
A. The PDP complies with the applicable procedural and administrative requirements of Article 2 of the Land Use
Code.
B. The PDP complies with pertinent standards located in Articl e 3 – General Development Standards subject to four
conditions of approval.
1. Staff recommends a Condition of Approval regarding 3.2.2 (C)(4) – Bicycle Parking that prior to Final Plan
approval, the project shall provide enclosed and fixed bicycle parking in compliance with the requirements for
‘general retail’ land uses.
2. Staff recommends a Condition of Approval regarding 3.2.1(E)(5) – Parking Lot Interior and Landscaping
3.2.2(E)(4) – Landscape Islands that prior to Final Plan approval the plan shall provide landscape island(s) in
adequate shape, size and quantity to comply with city standards and that the plan demonstrate compliance
with the minimum interior parking lot landscaping requirements in a manner acceptable by City Staff.
3. Staff recommends a Condition of Approval regarding 3.5.1(J) – Operation and Physical Compatibility
Standards that the hours of operation and deliveries shall be limited to 6 am-9:00pm Monday through Friday
and 6am-7:00pm on Saturday and Sunday.
4. Staff recommends a Condition of Approval regarding 3.5.1(J) – Operation and Physical Compatibility
Standards that all off-hour site lighting shall be reduced to comport with the limits of the LC1 Lighting District
under Section 3.2.4.
C. The PDP complies with pertinent standards located in Article 4; Division 4.23 Neighborhood Commercial District
subject to the approval of one modification of standard s.
D. Staff Supports the request for Modification of Standards to subsection 4 4.23(B)(2)(c)8. – which would otherwise
require a 3,960 foot separation from any other fueling station because it would not be detrimental to the public
good and meets criterion 2.8.2(H)(1), (3), and (4).
Administrative Hearing – Item X
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7. Recommendation
Staff recommends:
• Approval of the Request for Modification of Standard, and
• Conditional approval of Kum and Go #0951, PDP210013.
8. Attachments
1. Applicants Narrative
2. Planning Set
3. Utility Plan
4. Plat
5. Drainage Report
6. Transportation Impact Study
7. Applicant Modification Request
8. City Property Exhibit
9. Proposal Renderings
10. Existing Condition Photos
9. Links
1. Report of geotechnical Exploration
2. Phase I Environmental Assessment
3. Phase II Environmental Assessment