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Home My WebLink AboutAMIGOS AT SHIELDS FINAL PUD - 47 90B - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSM1 ITEM NO. 2 MEETING DATE 3/22/93 STAFF Ted Shepard PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Amigos at Shields, Final P.U.D., #47-90B APPLICANT: Amigos Growth Management Corporation c/o Vaught - Frye Architects 1113 Stoney Hill Drive Fort Collins, CO 80525 OWNER: Glen Werth 1015 South Shields Street Fort Collins, CO 80521 PROJECT DESCRIPTION: This is a request for a Final P.U.D. for a 2,332 square foot Amigos drive-thru restaurant. The site is .70 acre and located at 1015 South Shields Street, presently the site of Campus West Texaco. The parcel is zoned B-L, Limited Business. RECOMMENDATION: Approval with Conditions EXECUTIVE SUMMARY: With a score of 52 % on the Auto Related and Roadside Commercial Point Chart of the L.D.G.S, the drive-thru restaurant is an allowable land use at this location. Four out of the five conditions of Preliminary approval have been satisfied. The Planning and Zoning Board should make a determination as to Condition number two which relates to the height of the monument sign. The Final P.U.D. is in substantial conformance with the Preliminary P.U.D. The project is feasible from a traffic engineering standpoint. A condition of approval has been recommended to allow the developer to fulfill the requirements of the Final Utility Plan and to execute the Development Agreement. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Boa 580 Fort Collins. CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT SENT BY: ; 3- 9-93 ; 17:44 ; GROWTH MOT DBA-0 3032218378;# 2 .,et I Qj v MEXICAN FC�OC) 7 a L-awT _ 44, FREE STANDING ROADWAY Sw. SCALD 1'-0" / u EXHIBIT - A SELECTED DESIGN ALTERNATIVE FOR SHIELDS STREET - PROSPECT TO LAUREL FL _. FL 00 3 a a� Ea a)> ti 0 3 Y 6' S' 11' 11' 11' 11' 11' 5' 6' DESCRIPTION: Widen the street to provide 5' bike lanes on the street. Construct 6' sidewalks to stay within maximum of 78' right of way in residential areas. 9&-60 ALL CRITERIA APPLICABLE CRITERIA ONLY rCRITERION Is the criterion applicable? Will the criterion to wtistled? e,F��P��O Yes No If no, please explain NEIGHBORHOOD COMPATABILITY J. Social Compatability 2. Neighborhood Character 3. Land Use Conflicts 4. Adverse Traffic Impact PLANS AND POLICIES 5. Comprehensive Plan PUBLIC FACILITIES & SAFETY 6. Street Capacity 7. Utility Capacity 8. Design Standards 9. Emergency Access 10. Security Lighting 11. Water Hazards RESOURCE PROTECTION 12. Soils & Slope Hazard 13. Significant Vegetation 14. Wildlife Habitat 15. Historical Landmark 16. Mineral Deposit 17. Eco•Sensitive Areas 1 B. Agricultural Lands ENVIRONMENTAL STANDARDS 19. Air Quality 20. Water Quality 21. Noise 22. Glare & Heat 23. Vibrations 24. Exterior Lighting 25. Sewages & Wastes SITE DESIGN 30.Shadows 31. Solar Acc 35. Vehicular Movement 36. Vehicular Design 37. Parking 38. Active Recreational Areas 39. Private Outdoor Areas 40. Pedestrian Convenience 41. Pedestrian Conflicts 42. LandscapingiOpen Areas 43. Landscaping/Buildings 44. Landscaping/Screening 45. Public Access 46. Sions :160 O.K. h#jJk#mgfn Ji&N -12- iiBNT BY: 3-18-93 ; 16:35 ; GROWTH MGT DBA-6 3032216378;# 2 TBSS J0X= ACCESS FASEbUM AGREEBMT ( "Agreement) is made and entered into an "of this day of , 1902, Ly *MA iatwa� am A C1ORE co"OaLWTOW WORT doEtkira juju) a V1vLaumLvL LVLsJVLQLIVLL, ^ J 9288L 8MWV0 WEDT ("cam'p!=a Wesell), a gonowni pmx=arnhip. W2TNESSETHt WF1 INAR. 0ATIOUR WRRt Q=F1 tha i011owisg de:meribed reay property located in Fort Collins, County of Larimer, State of Coloradon Lot 1, t-11% ur Hurl 81A1lyp111$J Ca.I I r. 1.,, F I1a j.,,A 1. a.r tags am Southeast41�4 0 section i . Townenipr7 North, Range 69 West of the 6th P.N., according to plat filed June 8, 1962. (hereinafter referred to as the "Campus West Lot"); WHEREAS, GMC owns or has agreed to purchase the following described real property located in Pert Collins, County of Larimer, State of Colorado:. A tract of land situate in the OE-1/4 of oeatign 15, Township 7 North, Range 69 West of the dth P.M., City of Fort Collins, County of Larimer, State of Colorado, which considering the Rest line of the said SE 1/4 as bearing due South and with all bearings contained herein relative thereto, is contained within the boundary liners which begin at a point on the East line of the said BE 1/4 which bears mouth 181.30 feet from the East 1/4 corner of said Aoetion 13 and rune thence N. 99 degrees 34' W. 230.00 feet; thence South 132,00 feet) thence-S-.-89-degreem-34=--E.-230 feet; _thenae_Nor_th_ 112,00 feet to the Point of Beginning, County of Larimer, State of Colorado (a/k/a 1015 South Shields Street) (the "Property"). (hereinafter referred to as the "Amigos bot"). WHEREAS, GMC'has received a preliminary approval of F.V,D. #47-90A, and is applying for final approval prior to 44,aawL.r:aQUQn of an Amigoo Reetmurant as the AmLgow &why a&d WHEREAS, the Campus Wept Lot and Amigos Lot are adjoining tracts, and the owners desire to grant mutual access rights over a portion of their tracts as described herein. •.-SENT BY: ; 3-10-53 ; 10:30 ; GROWTH MGT DBA-+ 3032216370;ft 3 NON, TMIREFORSr for valuable consideration, the receipt and sufficiency of which are hereby acknowledged. -the parties agree as follows: 3„grant of Hasement. Subject to the terms and ocaditions not forth in this Agreement, the parties grant mutual access easements over the following tracts: s. cWMm Wms&_W�t. Campus west hereby grants CWC an &seems *&moment over a tract of 1:,nA 1neAhAd in the southeast corner of Campus Went Lot with the 'following dimensions: a square or rectangular tract measuring 30 feet north of the southern lot line of the Campus West Lot and then east from the eastern edge of the sidewalk bordering the eastern wall of the building located on the.Campus West Lot to the western most boundary of South Shields Rtreet (the "Campus West Easement Area") . b. Amigos hot. ONO hereby grants Campus West ass access easement over a tract of land located in the northeast corner of the Amigos Lot with the following dimensions: a rectangular tract measuring 45 feet south and 82 feet west from the northeast corner of the Amigos Lot (the "Amigos Easement Area"). For the purposes of this Agreement, CKC is the grantee and the Amigos Lot is the benefited parcel with respect to the easement over the Caws West Easement Area; and Compile West is the grantee and the Cauqpus West Lot is tbm benefited parcel with respect to the easement over the Amigos Easement Area. a. Scooe of Easement. The access easements granted herein are for the benefit of the grantee and its succeeeors and assigns, tenants, visitors, invitees, licensees and permittess, and constitute a permanent easement in, over and through the easement areas, permitting the full and free use of the easement areas for the purpose of ingress and agrees to and from the benefits parcels xrom► south shields uzrset. The e&&wmratie granted herein shall constitute mutual. access easements, 3. ---Additional-Tarma. -The mutual -aocesa-easements shall be subject to the following terms and conditionsa a. Responsibility for cost, maintenance and repair of the easement area over the Campus West Lot shall be divided equally between 09C and Campus west. Responsibility for cost, maintenance and repair of the easement area over the Amigos Lot shall rest totally with (MC and no responsibility shall accrue to Campus West by reason of Campus West's benefits from the easement. The services to be provided as set forth above shall include but not be limited to paving repair but shall not -a- SENT BY: A ; 3-18-83 ; 10:38 ; GROWTH MOT DBA4 3032216378;# 4 include snow removal. am shall be responsible for anew removal from the Amigos Lot and Campus Went shall be responsible for the removal of snow from the Campus West Lot. b. The easements shall be pezvAnent and shall be appurtenant to and ruts with the grantee's above described real property. a. No fences or other barricades shall be installed which impede &ocean to the properties benefited by the easements granted herein. The owner shall have the right to the full use and enjoyment of the easement area except for such use as may unreasonably interfere with the exercise of the easement rights granted herein. d. The sole rights granted herein are the rights to use the easement premises for the purpose of gaining access to and from, South Shields Street to the Caws West Lot and the Amigos Lot, in a reasonable manner, and the grantee shall be liable to the owner for any damage due to the use of the easement area by them or their employees, invitees, agents, successors or assigns. e. (CSC and Campus west each covenant that it is the owner of the Amigos Lot and Campus West Lot, respectively, and has legal right, title and capacity to grant the ingressand egress easement granted herein. 4. Relocation of Drive. The grant of the easements herein is made with the anticipation that the curb cuts on South Shields Street will be relocated in connection with the approval - of the P.V.D., involving redevelopment of the Amigoe Lot. Campus West shall not be liable or responsible for any portion of the cants to relocate the curb cut on the Campus west Lot to the Campus west Easement Area, including but not limited to all dirt work, paving and reconstruction of the raised island adjacent to the Compels West Easement Area.- GKC will be responsible for locating the source of funding for all such costs and for contracting to construct the same. Campus west consents to entry upon its property for the purpose of aanstm:uot3sig snob imgxOvesausts:- --- - - - - S. Eminent Domain. =f any portion of the easement areas shall be taken in condemnation or by eminent domain or under threat thereof, this Agreement shall not terminate. The grantee of an easement area shall have no claimmi against the owner or to a portion of such condemnation award arising fraa thin Agreement,, and each grantee hereby assigns its interest, if any, to the grantor of the respective easements provided, however, that in the event that a portion of the award relates to damage to the paving or raised island constructed by QmC after the date of this Agreement, Campus West will be responsible to reconstruct such improvements to the extent that the award specifically covers the cost of such improvements. -3- 4a,-SENT BY: ; 3-18-83 ; 18:41 ; GROWTH MOT DBA4 3032215378;# 5 6. ,Amendment. This Agreement shall be_amended only by a written instrument executed by the owner of the fee simple interest to the Campus west Lot and the Amigos Lot. 0 IN WITNESS X0=OF, the parties have executed this Agreement as of the date and year first above written. NICOL CAMPUS WEST 3 STATE OF COLORADO ) ) as. COUNTY OF LApINER ) GMC AMIGOS CORPORATION -FORT COLLINS Sy t �3 V! C re dent V - The foregoing instrument was aokaowledged before me this 15th day of March , 1993, by J n exl M�icol a general partner of Nicol Campus Wass&.' .,a+tasekrni .»artaere p. hand and official seal. ion•expiress July 14, 1996 . lllp brU A - STATE COU= OF - R ) -�Kcary Public e loregoi instrument was acknowledged before sae 111;ar��ing61' thy.,¢. �ay off}rG�. 1993, by N a esident of QKC-Amigos Corporation -Fort Collins, a Nebraska corporation, on behalf of the corporation. WITNESS my hand and official seal. My commission expiresi �dNia� ' qpP � Notary Ruffirad .4- Amigos at Shields P.U.D. - Final, #47-90B March 22, 1993 P & Z Meeting Page 2 COMMENTS: Background: The surrounding zoning and land uses are as follows: N: B-L; Campus West Retail Shops S: R-H; Vacant Lot E: Not Zoned: Colorado State University W: B-L; John the 23rd University Center Church This property was annexed into the City in 1964 and zoned B-L, Limited Business. On December 17, 1990, the Planning and Zoning Board approved the Campus West Texaco - Expansion of a Non -Conforming Use which allowed construction of a building addition of 1,200 square feet for auto service bays. On September 28, 1992, the Planning and Zoning Board voted to table consideration of Amigos at Shields Preliminary P.U.D. due to the lack of a shared curb cut with Campus West Shops. On December 17, 1992, the P & Z Board granted approval of Amigos on Shields Preliminary P.U.D., with conditions. This Preliminary P.U.D. included the shared curb cut with Campus West Shops. 2. Land Use: At the time of consideration for the Preliminary P.U.D., the request was evaluated by the criteria of the Auto Related and Roadside Commercial Point Chart of the L.D.G.S. The P.U.D. scored 52 % which exceeded the minimum score of 50 %. 3. Conditions of Approval: During the deliberation of the Preliminary P.U.D., the Planning and Zoning Board attached five conditions to the approval. These conditions and their resolution are summarized below: A. "At the time of consideration of the Final P.U.D., street trees along Shields Street shall be provided in accordance with the policies of the City Forester, unless it can be demonstrated to the satisfaction of the City Forester that such trees cannot be provided due to the physical constraints caused by the City of Fort Collins Choices '95 Capital Improvement Project." Amigos at Shields P.U.D. - Final, #47-90B March 22, 1993 P & Z Meeting Page 3 This condition has been resolved by the indication of three, two inch caliper deciduous shade trees to be planted along Shields Street. These three trees are spaced irregularly due to the curb cuts but are considered sufficient given the 132 foot lot width. These three trees meet the policies of the City Forester that deciduous shade trees be planted along arterials at an average interval of 40 feet. Staff, therefore, considers this condition to be satisfied. B. "At the time of consideration of the Final P.U.D., Staff will review and evaluate the free-standing monument sign for setback, proportionality, scale, materials of the pedestal, and relationship with the street trees." The applicant has responded by reducing all the dimensions of the free-standing monument sign by approximately 10%. This results in an overall height of nine feet as opposed to the ten foot height at the time of Preliminary. The nine foot height is also opposed to the eight foot height specified by Staff in a condition of approval at the September 28, 1993 Staff Report to the Planning and Zoning Board. By reducing both the height and the width, the mass of the sign has been reduced resulting in a sign that is now proportional and in scale with the building. The pedestal will be constructed of stucco to match the exterior material of the building. The sign is setback from the sidewalk by 7.5 feet, slightly further back than the three street trees. The setback is designed to not block sight visibility for cars exiting the drive-thru lane. In terms setback, proportionality, scale, and materials of the pedestal, the sign satisfies the condition of approval. In terms of relationship with the proposed street trees, however, the height of nine feet will likely rise above the canopy of the deciduous shade trees planted along Shields Street and thus interfere with the stated design purpose of promoting the formal boulevard effect. It is Staff s experience that a height of eight feet will allow for both sight visibility for the sign and street trees with canopies that will not be impacted by the sign and thus benefit the entire community. (A good example of how street trees benefit the urban design of arterial streets is directly across the street. Adjacent to the C.S.U. athletic practice field, the City of Fort Collins has planted a row of deciduous shade trees that promote the formal boulevard effect.) Staff considers the height of signage to be integrally linked to the ability of the street trees to fulfill their role in benefitting community's overall image. Since the Final P.U.D. indicates a sign of nine feet in height, and since Staff recommends the sign be reduced to eight feet, the Planning and Zoning Board should make one of the following determinations: Amigos at Shields P.U.D. - Final, #47-90B March 22, 1993 P & Z Meeting Page 4 1. Approve the monument sign with a nine foot height as proposed by the applicant. 2. Modify the monument sign so as to reduce the height to eight feet. 3. Modify the monument sign so as to reduce the height to 8.5 feet as a compromise solution. C. "At the time of consideration of the Final P.U.D., the Site Plan shall contain the following language: "As a condition of approval of this P.U.D., there shall be no painted window signs, or other temporary window signage allowed. As per the Sign Code, Section 29-601, temporary banners and pennants may be allowed." The P.U.D. Site Plan contains the following note: "18. As a condition of this P.U.D., there shall be no painted window signs, or other temporary window signage allowed. As per the Sign Code, Section 29-601, temporary banners and pennants may be allowed." By stating this note on the Site Plan, Staff considers this condition to be satisfied. D. "At the time of consideration of the Final P.U.D., the shared right-in/right-out access must be affirmed in the form of a written agreement, along with the necessary access easements, between Amigos and Campus West Shops, to the satisfaction of the Transportation Division". Attached to this memo is a written statement of agreement from Ms. Kathy Nicol, representative of Campus West Shops. The letter affirms the sharing of the Shields right-in/right-out access and the necessary cross access easements across the Campus West parking lot. By having this written agreement, Staff considers this condition to be satisfied. E. "At the time of consideration of the Final P.U.D., the design of the shared right-in/right- out access must conform to the selected design criteria of the Choices '95 Capital Improvement Project." At the January 5, 1993 meeting of the City Council, the design of the Choices '95 Capital Improvement Project was selected. The design of Amigos' ultimate curb location and sidewalk location conform to the design criteria of the Choices '95 Capital Improvement Project. The plat will dedicate the proper amount of right-of-way dedication for Shields as well as a utility easement. These dedications will allow a five foot wide, onstreet bicycle lane and a six foot sidewalk. Staff, therefore, considers this condition to be satisfied. Amigos at Shields P.U.D. - Final, #47-90B March 22, 1993 P & Z Meeting Page 5 The Final Site Plan, Final Landscape Plan, and Utility Plans have been reviewed and are in conformance with four of the five conditions that were placed on the approval of the Preliminary P.U.D. With the exception of the height of the monument sign, Condition number two is also satisfied. Resolving this exception will require a determination by the Planning and Zoning Board. 4. Transportation: By way of background, it will be recalled that there will be no vehicular connection to University Avenue or into John the 23rd Church parking lot. There will be no left turns into the site from Shields Street or left turn exits allowed. The primary transportation issue has been resolved. The joint curb cut with Campus West Shops will serve two properties and the alley and consolidate the present continuous curb cut serving both the Texaco and the shopping center. This consolidation will improve the traffic flow on one of the City's busiest arterials. The curb cut is located further away from the traffic signal at Elizabeth and thus reduces conflicts with the left turn stacking bay. In addition, the joint curb cut has been designed to conform to the Choices '95 Capital Improvement Project. The project is considered feasible from a traffic engineering standpoint. RECOMMENDATION: Staff finds that the request for Final P.U.D. for Amigos at Shields Street is an appropriate land use by the score of 52 % on the Auto Related and Roadside Commercial Point Chart. In addition, the P.U.D. satisfies the All Development Criteria of the L.D.G.S. The P.U.D. satisfies four out of the five conditions of Preliminary approval and is in substantial conformance with the Preliminary P.U.D. Staff, therefore, recommends approval of Amigos at Shields Final P.U.D. #47-90B, subject to the following conditions: 1. The Planning and Zoning Board make a determination as to whether the proposed height of the monument sign of nine feet satisfies Preliminary P.U.D. Condition number two. In evaluating whether the height of the sign is in proper relationship with the street trees, the Planning and Zoning Board should consider taking one of following actions: A. Approve the monument sign with a nine foot height as proposed by the applicant. B. Modify the monument sign so as to reduce the height to eight feet. C. Modify the monument sign so as to reduce the height to 8.5 feet as a compromise solution. Amigos at Shields P.U.D. - Final, #47-90B March 22, 1993 P & Z Meeting Page 6 2. The Planning and Zoning Board approves this planned unit development final plan upon the condition that the development agreement, final utility plans, and final P.U.D., plans for the planned unit development be negotiated between the developer and City staff and executed by the developer prior to the second monthly meeting (May 24, 1993) of the Planning and Zoning Board following the meeting at which this planned unit development final plan was conditionally approved; or, if not so executed, that the developer, at said subsequent monthly meeting, apply to the Board for an extension of time. The Board shall not grant any such extension of time unless it shall fast find that there exists with respect to said planned unit development final plan certain specific unique and extraordinary circumstances which require the granting of the extension in order to prevent exceptional and unique hardship upon the owner of developer of such property and provided that such extension can be granted without substantial detriment to the public good. If the staff and the developer disagree over the provisions to be included in the development agreement, the developer may present such dispute to the Board for resolution if such presentation is made at the next succeeding or second succeeding monthly meeting of the Board. The Board may table any such decision, until both the staff and the developer have had reasonable time to present sufficient information to the Board to enable it to make its decision. (If the Board elects to table the decision, it shall also extend the term of this condition until the date such decision is made). If this condition is not met within the time established herein (or as extended, as applicable), then the final approval of this planned unit development shall become null and void and of no effect. The date of final approval for this planned unit development shall be deemed to be the date that the condition is met, for purposes of determining the vesting of rights. For purposes of calculating the running of time for the Cling of an appeal pursuant to Chapter 2, Article II, Division 3, of the City Code, the "final decision" of the Board shall be deemed to have been made at the time of this conditional approval; however, in the event that a dispute is presented to the Board for resolution regarding provisions to be included in the development agreement, the running of time for the filing of an appeal of such "final decision" shall be counted from the date of the Board's decision resolving such dispute. i wl NEmom I EWA- imim j G0'IV —` W ELIZABETH mmWW` MOW -� r UNIVERSITY AVER" F, I ■ sa n W 1 I_ 1 I I I I I I f I Imo, CO r E s lid �•� � � � .. - ' I ••-_•rr Kwar I � 1 J ' Q - �1 S FRIIIT"E RG :101wa 2li umm1� AMIGOS AT SHIELDS ITEM: p U D -FINAL NUMBER: 47-90 B ZONED RH 77 W CMfK TY2 � m W t + z az Yio F-- wnnrm mim. ovo+— F---d ZONES BL \ r •�� e.rnr.or • � euorrsY mnw. �. — ---------------- _______ ________—maSOUTHSHx__IEL__DS STREET _______ � —... _... _... .... —...—_.—...—...—_.— ..— --- —...7 _ —a racwmoexn wwiai. GENERAL NOTES OWNEWS CERTIRCATION ivoo.wo oaawo w.em c..m.r wr w. aw.K uw�. wM.s a per. nwsewr. Y.acwo w m un im o+wi*w.�inro.`�iu ariN°eimY`xn � is coimmorw oan awR ATTORNEY'S SIGNATURE TW tli0 alrl�wi NfiM W.P Mf WY dNOO1�lO �MRIV �.0.Mp CPY�rt��1N�p � I�Iii4M1' rFfApIM.O �.G M1MI .WM. VICNTY MAP LAND USE BREAKDOVM NiMrPI.L IWI �C .O. WY.rutW OI71Ib 1u1 Y!. !C R iOl4 Y.M. ALC IYOt rera�u rtno,wmmi wwcvro. mr rvu® . snm iwYcwmm, .mu ncrom i.n�a v �m ABBREVIATIONS PLANNING AND ZONING BOARD APPROVAL vFpp r�RYEI R�NMI /rG }pYtl Yl.IpOM 11M W gIR14Y1N �i.Y M arrw+w n.wwe ro ouo rnu J 9rtE RIYI �$ AT SHIELDS P.U.D. Qv A �. PLANT NOTES L .0 twr «». .n.0 D. traapt.a .IU an autwmuu p.pLD 1..Ieotlpn vY.tm.. A tll Jr. I. D. b.l I.e ) bua.w.e. {. A11 ..rO b.e.. «pl t mba .n lb. Pl.n _ton.. . pa. Are", Y ..e. a.PU. IAlom...n.ubl e.a. t. b. ml.n.a .Rn 60 m.n ...I. m ».a «..1.. rm. m. s LagUb D«wm p-. ana .n.ue ...A.J l A. a psYl�q mt wmM. .ul D. 9.m.e 11,11. pl«t.1 .Itn . DIUN. «. Dlme. ILL PUWr. 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