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Home My WebLink AboutPARK SOUTH COMMERCIAL PLAZA, 2ND FILING, LOT 2B, CARWASH - PDP - 37-94E - DECISION - FINDINGS, CONCLUSIONS & DECISIONeo(�- weir:-� :�-7/t IDor5 m k !� ccrs —,rrunlo N 04 5�%r S �� bJ �nc(.So r Park South Commercial Plaza Horsetooth Carwash PDP Administrative Hearing Findings, Conclusions, and Decision March 1, 2005 Page 5 of 4 3. The reduced sidewalk width will not diverge from the standard width except in a nominal or inconsequential way considering from the perspective of the entire development plan and pedestrian needs on the site. E. With respect to Section 3.5.3(B) (1) of the LUC which sets forth the requirement for the orientation of commercial buildings: 1. Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the Land Use Code. 2. Strict application of the standard would result in unusual or exceptional practical difficulties by reason of an existing narrow lot configuration and a predetermined access point to the abutting site to the east. Such physical hardships were not caused by the act or omission of the applicant. DECISION The Park South Commercial Plaza, 2"d Filing, Lot 2-13- Horsetooth Carwash Project Development Plan #37-94E, including modifications to Sections 3.2.2 (C)(5)(a) and 3.5.3(B)(1), is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall revise the Site Plan to include crosswalks enhanced with differentiated surface treatment at the following locations: 1. Within the north -south pedestrian crossing at the east end of the property straddling Lots 1 and 2; and 2. With the northern, east -west pedestrian crossing on Lot 2. Dated this 2nd day of March 2005, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. / fir` �ameron Gloss Current Planning Director Park South Commercial Plaza Horsetooth Carwash PDP Administrative Hearing Findings, Conclusions, and Decision March 1, 2005 Page 4 of 4 carry very limited volumes of pedestrian traffic, reducing the likelihood that pedestrians will have physical conflicts as a result of the 12 inch reduction in width. Therefore, the sidewalk will be of sufficient width to safely accommodate pedestrian movements. The applicant's request for a modification to the requirement that at least one main entrance of a commercial building face and open directly on to a connecting walkway with pedestrian frontage is also appropriate given existing site conditions. The siting of the retail building on Lot 2 is limited due to the site dimensions and the need to accommodate emergency access requirements and access to service bays for commercial tenants. Although the site plan will require pedestrians to cross drive aisles in two locations, the crossing distance will be relatively short. To further demarcate the pedestrian crossings, the Hearing Officer will require that special paving treatment be provided within these two pedestrian crossing areas. SUMMARY OF CONCLUSIONS A. The Park South Commercial Plaza , 2nd Filing, Lot 2B, Horsetooth Carwash Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Park South Commercial Plaza, 2nd Filing, Lot 213, Horsetooth Carwash Project Development Plan satisfies the development standards of the C zoning district. C. The Park South Commercial Plaza , 2"d Filing, Lot 2B, Horsetooth Carwash Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except for Sections 3.2.2(C)(5)(a) and 3.5.3(B)(1). D. With respect to the requested modification to Section 3.2.2(C)(5)(a) of the LUC which sets standards for walkways: 1. Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the Land Use Code. 2. Strict application of the standard would result in unusual or exceptional practical difficulties by reason of an existing narrow lot configuration. Such hardship was not caused by the act or omission of the applicant. Park South Commercial Plaza Horsetooth Carwash PDP Administrative Hearing Findings, Conclusions, and Decision March 1, 2005 Page 3 of 4 Written Comments: None FACTS AND FINDINGS The property was annexed into the City of Fort Collins in July of 1978 as part of the Horsetooth-Harmony Annexation. The surrounding zoning and land uses are as follows: N: MMN; multi -family residential (Preserve @ the Meadows), E: C; theater (Carmike) S: C; mini -storage (Manhattan Storage) W: C; retail (AutoZone) Compliance with Article 4 and the C Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the C Zoning District. The proposed car wash, which is considered a vehicle maintenance establishment, along with the proposed retail store(s), are uses permitted subject to Administrative Review. The Staff Report summarizes the PDP's compliance with these specific standards and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with Article 4 or the C District Standards. 2. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable requirements of Article 3, including the plat standards of Section 3.3.1, except for two sections of the Land Use Code where the applicant submitted a request for modifications to these specific standards. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to otherwise refute the compliance with Article 3. The applicant's request to reduce the sidewalk width along the east side of the property (on proposed Lot 1) to five (5) feet, where a minimum of six (6) feet is required under Section 3.2.2(C)(5)(a) Walkways, is appropriate given pre-existing site constraints. The site is relatively narrow along the east -west axis and strict compliance with the sidewalk standard will negatively affect the turning radius of vehicles exiting the car wash bays. It is also anticipated that this sidewalk will Park South Commercial Plaza Horsetooth Carwash PDP Administrative Hearing Findings, Conclusions, and Decision March 1, 2005 Page 2 of 4 STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 3:00 p.m. on March 1, 2005 in Conference Room A at 281 North College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; (3) a sign up sheet of persons attending the hearing and citizens speaking in favor of or against the application, and (4) a tape recording of testimony provided during the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Steve Olt, City Planner From the Applicant: Dan Bernth, Doberstein Lemburg Rhey Wright, Owner Oussama Abbas, The Architect's Studio Carr Bieker, The Architect's Studio Dave Carlson, Cottier Construction Patricia Kroetch, North Star Design From the Public: ►[.TiT City of Fort Collins Comn.unity Planning and Environment. Services Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: Lel"I9i"IA:a HEARING OFFICER: March 1, 2005 Park South Commercial Plaza, 2nd Filing, Lot 213- Horsetooth Carwash, Project Development Plan #37-94E Doberstein Lemburg Commercial, Inc. c/o Dan Bernth 1537 Riverside Avenue Fort Collins. CO 80524 243 N. College Associates LTD, LLLP 2281 South Havana Street, Suite 200 Denver, CO 80237 Cameron Gloss Current Planning Director PROJECT DESCRIPTION: The applicant proposes to develop a 2-phase commercial project including an automated & self serve car wash and a retail/auto-related use building on Lot 213 of the Park South Commercial Plaza. The car wash building will be 4,056 square feet in area and located on the north half of the property (proposed Lot 1). The retail/auto-related use building will be 4,733 square feet and located on the south half of the site (proposed Lot 2). The property is located on the south side of W. Horsetooth Road, east of Manhattan Avenue and the existing Autozone retail building and west of the Carmike Theaters. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: Commercial — (C) 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020