Loading...
HomeMy WebLinkAboutSPRADLEY BARR FORD ENLARGEMENT OF A BUILDING CONTAINING A NON CONFORMING USE - 63 91 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 8 MEETING DATE 1/27/92 PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Spradley-Barr Ford Dealership Enlargement of a Non - Conforming Use, #63-91 APPLICANT: Spradley-Barr Ford c/o Dick Rutherford Stewart and Associates 214 N. Howes Street Fort Collins, CO. 80521 OWNER: The Ghent Partnership c/o Jerry Ewing 2601 South College Avenue Fort Collins, CO. 80525 PROJECT DESCRIPTION: Request to enlarge a non -conforming use by adding 335 square feet, in two separate structures, to the west end of the service building for auto painting facilities. The site is located at the southwest corner of College Avenue and Drake Road and consists of an existing service building, outdoor vehicle display, sales office, and carwash. The zoning is H-B, Highway Business and I-L, Limited Industrial. RECOMMENDATION: Approval EXECUTIVE SUMMARY: As an automobile sales and service facility, Spradley-Barr Ford Dealership is a non -conforming use in the H-B, Highway Business Zone. As a result in a change of zoning, the dealership became a legal, non -conforming use. The proposed painting facilities 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 Zoning Code. The property is bounded on three sides by auto related uses. On the west is the R-H zone which is presently a parking lot for a bar/restaurant. Based on the review criteria, Staff finds there are no adverse impacts on the surrounding properties as a result of the proposed expansion. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Box 580 Fort Collins. CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT k q i Non -Conforming Use Review City of Fort Collins Section 29-541 of the Code of the City of Fort Collins provides for Planning and Zoning Board approval of a change of a non -conforming use and enlargement of a building containing a non- conforming use. A non -conforming use is defined as 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. The process which the applicant will follow in changing the use or enlarging a building containing a non -conforming use will be as indicated in the section of this manual entitled "Review Process." The following issues must be considered in an analysis and evaluation of a change in a non -conforming use or an enlargement of a building containing a non -conforming use: Change of Use If a property owner wishes to change the use of a property already containing a non -conforming, use to a use other than what is allowed in the zoning district, the proposal must be submitted to the Planning and Zoning Board for approval. In considering a proposed change, the Planning and Zoning Board must make a finding as to whether or not the change in use is more compatible with the uses of the surrounding property than the existing non -conforming use. For the purposes of review, the following criteria shall be considered: a. The nature and purpose of the existing non -conforming use. b. The difference in quality and character of the proposed use. c. The difference in the degree of use of the proposed use, including but not limited to hours of operation and parking requirements. d The reasons for the proposed change. e. The overall impact of the proposed use on the surrounding property. 2. Enlargement of Building Containing a Non -Conforming Use If a property owner wishes to enlarge or extend a building containing a non -conforming use, the proposal must be submitted for approval to the Planning and Zoning Board. In considering the enlargement or extension of a building containing a non -conforming use, the Board must make a finding as to whether or not the enlargement or extension will adversely affect the surrounding property. For the purposes of review, the following criteria will be considered: a. The nature of the proposed expansion or extension. b. The size of the proposed expansion or extension. C. The difference in the degree of use of the non -conforming use as a result of the proposed expansion or extension. d. The reasons for the proposed expansion or extension. C. The overall impact of the proposed expansion or extension on the surrounding property. 6.1 ZONING, ANNEXATION AND DEVELOPMENT OF LAND Sec. 294. Methods of enforcement. The provisions of this Chapter shall be enforced by the following methods: (1) Requirement of a building permit; (2) Requirement of a certificate of occupancy; (3) Inspection and ordering removal of violations; (4) Criminal liability; (5) Injunction. (Code 1972, § 118-23(A)) Sec. 295. Permits and certificate of occupancy. (a) No building shall be erected, moved or struc- turally altered unless a building permit has been issued by the Building Permits and Inspections Administrator. All permits shall be issued in con- formance with the provisions of this Chapter and shall be valid for a period of time not exceeding one (1) year from the date of issue. (b) No land or building shall be changed in use, nor shall any new structure, building or land be occupied or used, unless the owner shall have obtained a certificate of occupancy from the Build- ing Permits and Inspections Administrator. If the use is in conformance with the provisions of this Chapter, a certificate of occupancy shall be issued within three (3) days of the time of notification that the building.is completed and ready for oc- cupancy. A copy of all certificates of occupancy shall be filed by the Administrator and shall be available for examination by any person with ei- ther proprietary or tenancy interest in the prop- erty or building. (Code 1972, § 118-23(B), (C)) Sec. 29-6. Inspection. The Building Permits and Inspections Admin- istrator is hereby empowered to cause any build- ing, other structure or tract of land to be inspected and examined and to order in writing the re- medying of any condition found to exist therein or thereat in violation of any provision of Articles I —IV of this Chapter. After any such order has been served. no work shall proceed on any build- ing, other structure or tract of land covered by § 29-9 such order, except to correct such violation or comply with the order. (Code 1972, § 118-23(D); Ord. No. 154, 1987, § 10, 10-20-87) Sec. 29-7. Criminal liability. A person shall be guilty of a misdemeanor upon conviction in any case where all of the following have occurred: (1) Any violation of any of the provisions of this Chapter exists in any building, other structure or tract of land; - (2) An order to remove any such violation has been served upon the owner, general agent, lessee or tenant of the building, other struc- ture or tract of land for any part or upon the architect, builder, contractor or any other person who commits or assists in any such violation; (3) Such person shall fail to comply with such order within ten (10) days after the service. (Code 1972, § 118-23(E)) Sec. 29-8. Liability of city and injunction. (a) In addition to any of the foregoing reme- dies, the City Attorney acting in behalf of the City Council may maintain an action for an in- junction to restrain any violation of this Chapter. (b) This Chapter shall not be construed to hold the city responsible for any damage to persons or property by reason of the inspection or reinspec- tion authorized herein or failure to inspect or reinspect or by reason of issuing a building per- mit as herein provided. (Code 1972, § 118-23(F), (G)) Sec. 29-9. Enforcement of performance stan- dards in industrial developments. (a) A determination as to violation of required performance standards set forth in the industrial developments shall be made by the Building Per- mits and Inspections Administrator, and any such determination shall be made before notice of vio- lation is issued. Supp. No. 1 1987 Spradley-Barr Dealership, *63-91 January 27, 1992 P & Z Meeting Page 2 COMMENTS 1. Background• The surrounding zoning and land uses are as follows: N: H-B; Auto services (Jiffy Lube) S: H-B; Restaurant (Tortilla Marissa) E: H-B; Auto service (Sinclair) W: R-H; Office and restaurant (Drake Office Park and County Cork) Previously known as Ghent Motor Company, the site was constructed in the County. It was annexed into the City in 1966 with the condition that Ghent Motor Company dedicate right-of-way for purposes of paving Drake Road and hook-up to the public sewer system. It was zoned H-B, Highway Business, which, at that time, allowed auto sales. In 1970, auto sales were deleted as a use by right in the H-B zone. As a result, the dealership became a legal, non -conforming use. 2. Non -Conforming 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 specific criteria that shall be considered: A. The nature of the proposed expansion or extension: The nature of the expansion is to upgrade the capability of painting cars and trucks using the latest technology and equipment. Auto and truck painting presently occurs on the site. The change involves modernizing the painting operation. Spradley-Barr Dealership, W63-91 January 27, 1992 P & Z Meeting Page 3 B. The size of the proposed expansion or extension: The expansion consists of two, small, separate structures for painting cars and trucks: Down draft paint booth - 185 square feet Storage for a paint mix system - 150 square feet The total amount of square footage is 335 square feet. C. The difference in the degree of use of the non -conforming use as a result of the proposed expansion or extension: Since auto and truck painting already occur on the property, there would be no difference in the degree of use as a result of the building expansion. D. The reason for the proposed expansion or extension: The applicant has stated that the reason for adding the painting facilities is to further improve the quality of auto and truck painting and to enhance customer service. The new painting facilities represent newer and more efficient technology. E. The overall impact of the proposed expansion or extension on the surrounding property: The proposed expansion would cover existing asphalt area. There would be no loss of landscaping. The areas to the north, east, and south are all currently auto related uses. On the west, the two proposed structures are setback 200 feet from McClelland Drive, 340 feet from Redwing Drive, and 395 feet from the R-H zone. This adjacent use in the R-H zone is the parking lot for a bar/restaurant. with adjacent auto related uses, and generous setbacks on the west, it is concluded that there is no adverse impact on the surrounding properties. 3. Staff Findings: A. The nature of the expansion logically relates to the existing operation. There is no change of use. Spradley-Barr Dealership, #63-91 January 27, 1992 P & Z Meeting Page 4 B. The size of the expansion is minuscule and easily accommodated on the site. C. The difference in the degree of use, as a result of the expansion, is negligible. D. The reasons for the expansion are a legitimate attempt to fulfill a perceived market need and to upgrade capital equipment. E. 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 enlargement of a non -conforming use as stated in the City of Fort Collins Zoning Code, Staff recommends approval of the Enlargement of a Building (Spradley-Barr Auto Dealership) containing a Non - Conforming Use (#63-91) to allow the two painting facilities. No Text GARMAT SSA INC. HIGH UkRMNTUSA QUALITY DOWNDRAFT PAINT BOOTHS 99700 SERIES 99 100 SERIES Our 99700 series features a newly angled cabin design. The booth walls are available in single panel construction or with 2" fiberglass insulation to form a double panel construction. The booth walls angle in from a vertical height of 4' to form a narrower plenum. This creates a cabin shape that is similar to modern automobiles. Over spray is decreased and a more efficient cabin air flow is created as a result of this. The standard lighting in a 99700 series paint booth is color corrected to 92% daylight and consists of 10 two -tube fixtures on each wall. This translates into a total of 40 fluorescent tubes. Additional lighting is available for up to 80 fluorescent tubes. The Garmat air filtration system consists of seven separate Viledon° filters. Viledon° filters provide 99% efficiency on 10 micron particles. These filters are held in position by knife-edge closures and are of a hinged - swing down type, in order to facilitate the filter changing process. MW USA 1252 W. RADCLIFF AVENUE ENGLEWOOD, CO 80110 TEL: (303) 781-6802 FAX: (303) 761-8039 �. `NRMNTUM The doors in a Garmat Paint Booth are f -----_ of a double -swing, ,le panel insulated type. A positive cam locking system on the door secures into the base of the booth as well as the top receptor, to ensure a proper fit. A personnel door is 44 fitted into the right vehicle entry door j and includes all code required hardware. T There is a tempered glass observation window included in the personnel door. In models 99700, 99701, and 99703, the red control panel (right) is mounted directly on the air handling unit. Models 99702, and models 99704 have the option of a simple remote (below). The simple remote panel can be mounted almost anywhere the customer desires, as long as it conforms to local code requirements. p.PRESSURE DECREASE PRESSURE INCREASE > POWER =BAKE -IMER^ 2 BURNER EM STOP o SPRAY � LIGHTS OFF Bgl(E^ IF pryer The air handling units (below) can be situated on any side of the booth, leaving a body shops' floor space open so as to maximize shop flow. The customer has the option of choosing either natural gas or propane direct fired burners ranging from 840,000 BTU to 1,500,000 BTU. 0 Garmat USA Paint Booths are suited for fire suppression equipment, if required by local authorities. All Garmat USA cabin and motors are under warranty for five years. Components are under warranty for one year or manufacturers' standard. ARMAT UBi4 1252 W. RADCLIFF AVENUE ENGLEWOOD, CO 80110 TEL: (303) 781-6802 FAX: (303) 761-8039 Garmat USA reserves the right to modify or change any of the technical features mentioned in this brochure.