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Home My WebLink AboutCASEY'S CAR WASH - MAJOR AMENDMENT - 23-09 - DECISION - MINUTES/NOTESCasey's Car Wash Major Amendment Administrative Hearing Findings, Conclusions, and Decision September 3, 2009 Page 7 of 7 2. The Casey's Car Wash Major Amendment Plan complies with all applicable district standards of Section 4.21 C, Commercial District of the Land Use Code. 3. The Casey's Car Wash Major Amendment Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION Based on the findings and conclusions, the Casey's Car Wash Major Amendment #23- 09 is hereby approved by the Hearing Officer. Dated this 10th day of September, 2009, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. lq4,- 60-� Peter Barnes Zoning Administrator Caseys Car Wash Major Amendment Administrative Hearing Findings, Conclusions, and Decision September 3, 2009 Page 6 of 7 buildings on the Casey's Car Wash facility as well as buildings in other developments in the area. The 1-story, 14'-6" high building is/will be constructed of stucco and corrugated metal panels, identical to what is existing. There will be a stone veneer landscape wall around and a heavy timber frame pergola over the outdoor patio for the caf6. 2. Mixed -Use, Institutional and Commercial Buildings [3.5.3] — The "build -to" line standards set forth in Section 3.5.3(B)(2) are not being met because the Major Amendment results in a conversion of 4 self-service car wash bays to the cafe and retail shop in an existing building, which is set back from the east property line along Mason Street a distance of 57'. However, the development plan satisfies the permitted exception to the build -to line standard set forth in Section 3.5.3(B)(2)(d)1 in that a pedestrian plaza/patio is being provided at the northeast comer of the building with a direct pedestrian connection between the building and the public sidewalk along Mason Street. C. Division 3.6, Transportation and Circulation Master Street Plan [3.6.1 ] — Mason Street is shown as a 2-lane arterial on the Master Street Plan. This Major Amendment is consistent with the Master Street Plan, and provides the required internal driveway connections, therefore it satisfies this standard. There was no evidence introduced at the hearing to contradict the Staff Report. Therefore, the Hearing Officer finds that the Major Amendment Plan is in conformance with the applicable requirements found in Article 3 of the Land Use Code. HEARING OFFICER FINDINGS, CONCLUSIONS AND DECISION FINDINGS AND CONCLUSIONS After reviewing the staff report and the record of the public hearing, the Hearing Officer makes the following findings and conclusions: 1. The proposed small caf6, retail shop, and common restroom / mechanical room uses are permitted in the C, Commercial District, subject to an Administrative review and the requirements of the Land Use Code. Caseys Car Wash Major Amendment Administrative Hearing Findings, Conclusions, and Decision September 3, 2009 Page 5 of 7 Mason Multi -modal Corridor to the west. This standard is thereby satisfied. b. Transportation Impact Study [3.2.2(C)(8)] - The City's Traffic Engineer and the Transportation Planning Department have reviewed the applicants Transportation Impact Study and have found that it meets the required vehicular, pedestrian, bicycle, and transit Level of Service requirements. c. Access and Parking Lot Requirements [3.2.2(D)] - Pedestrian areas are differentiated from vehicular areas, with one exception. There is a pedestrian crossing of an internal drive aisle between the proposed patio area for the cafe and the public sidewalk along Mason Street. All off-street parking spaces have unobstructed vehicular access to and from the public streets. This standard is, therefore, adequately satisfied. d. Parking Lots: Required Number of Spaces for Type of Use [3.2.2(K)(2)] - Non-residential Parking Maximums: This section of the Land Use Code limits the number of on -site parking spaces that can be provided for the proposed uses in the development plan, based on the gross leasable floor area of each use. There is 11,368 square feet of cafe, retail, and vehicle servicing & maintenance uses on the Casey's Car Wash plan; therefore, a maximum of 50 - 60 parking spaces can be provided in the parking areas that serve the buildings. A total of 24 on -site parking spaces will be provided. This section of the LUC is being satisfied. e. Handicap Parking [3.2.2(K)(5)] — There are 18 parking spaces shown in the redevelopment area, requiring 1 handicap space to be provided in a convenient and safe location. A handicap parking space is being included on the north side of the retail space on the development plans, thereby satisfying this requirement. B. Division 3.5, Building Standards 1. Building and Project Compatibility [3.5.1] — The proposed architectural character is compatible with the architectural character of other existing Caseys Car Wash Major Amendment Administrative Hearing Findings, Conclusions, and Decision September 3, 2009 Page 4 of 7 The Major Amendment Plan complies with all applicable district standards of Section 4.21 C - Commercial District of the LUC. The Major Amendment complies with all applicable requirements of Article 4 and the C zone district. The Staff Report summarizes the Plan's compliance with these standards and no evidence was presented to contradict or refute the compliance with Article 4 or the C District Standards. 3. Compliance with General Development Standards of the Land Use Code: Article 3 The Major Amendment Plan complies with applicable General Development Standards as follows: A. Division 3.2, Site Planning and Design Standards 1. Landscaping and Tree Protection [3.2.1] a. Street Trees [3.2.1(D)(2)] -Existing deciduous and evergreen street trees will remain, thereby satisfying this standard. b. Minimum Species Diversity [3.2.1(D)(3)] —There are only 5 new trees proposed on the Landscape Plan and, therefore, the plan is not subject to this standard. c. Parking Lot Perimeter Landscaping [3.2.1(E)(4)] -As required, the on -site outdoor parking areas are screened adequately from the street and adjacent commercial uses with plant material of sufficient opacity to block the required amount of vehicle headlights. d. Parking Lot Interior Landscaping [3.2.1(E)(5)] —The proposed parking areas (containing 18 spaces) provide a minimum of 6% of their total area as landscaped areas. This standard is, .therefore, satisfied. , 2. Access, Circulation and Parking [3.2.2] a. Direct On -Site Access and Off -Site Access to Pedestrian and Bicycle Destinations [3.2.2(C)(6)&(7)] - Sidewalk connections are provided from the on -site small cafe and retail shop to the adjacent street and bicycle/pedestrian network, including the Casey's Car Wash Major Amendment Administrative Hearing Findings, Conclusions, and Decision September 3, 2009 Page 3 of 7 Public Concerns: None FACTS AND FINDINGS 1. Background The surrounding zoning and land uses are as follows: E: C; Existing commercial S: C; Existing commercial W: RL; Existing single-family residential N: C; Existing commercial The property was part of the Horsetooth — Harmony Annexation in July of 1978. The subject property was first subdivided as part of Block "B" of the Fossil Creek Commercial Plaza subdivision plat in November, 1978. The subject property was part of a replat approved by the Planning & Zoning Board as Lots 4, 8, and part of Lot 7 of Troutman P.U.D. Phase Two in October, 1983. The subject property was Lot 6 of the Replat of Troutman P.U.D. Phase Two and Casey's Car Wash was located on Lot 6 (Buildings 4, 7, 8 and associated improvements) as part of the Amendment to Troutman Yd Filing Final Planned Unit Development (PUD), both approved by the Planning & Zoning Board in June, 1985. A Minor Amendment on the subject property was approved for minor landscaping changes in June, 2000. A Minor Amendment on the subject property was approved for an addition to the existing detail shop and changes to the landscaping on west end of the Casey's Car Wash facility in August, 2008. 2. Compliance with Zone District Standards of the Land Use Code: Division 4.21 C — Commercial District The proposed small cafe, retail shop, and common restroom / mechanical room uses are permitted in the C, Commercial District subject to an Administrative review. Casey's Car Wash Major Amendment Administrative Hearing Findings, Conclusions, and Decision September 3, 2009 Page 2 of 7 NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established that the Notice of Public Hearing requirements contained in the Fort Collins Land Use Code were satisfied. PUBLIC HEARING The Hearing Officer opened the public hearing 4:30 PM on September 3, 2009. The hearing was held in Conference Room A at 281 North College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted the following evidence during the hearing: 1) Planning Department Staff Report; 2) plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; and 3) a recording of the public hearing. The Land Use Code, the City's Comprehensive Plan (City Pian), 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: Michael Chalona, Land Images, Inc. Adam Copper, JR Engineering From the Public: None Written Comments: None Casey's Car Wash Major Amendment Administrative Hearing Findings, Conclusions, and Decision September 3, 2009 Page 1 of 7 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISRATATIVE HEARING DATE: HEARING OFFICER: PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: PROJECT DESCRIPTION: September 3, 2009 Peter Barnes City of Fort Collins Zoning Administrator Casey's Car Wash, Major Amendment 23-09 Land Images, Inc. 1136 E. Stuart Street, Suite 2040 Fort Collins, CO 80525 Mowery Development, LLC 39671 Ridge Park Drive Ault, CO 80610 This is a request to enclose the easterly 4 bays of the existing 8 bays of Casey's Car Wash (self serve) for the purpose of providing a small cafe, retail shop, and common restroom / mechanical room area in 1,200 square feet of the existing building. A new outside patio will be built on the north side of the building to serve the cafe, retail, and car wash customers. There will also be upgrades to the building facade. SUMMARY OF RECOMMENDATION AND DECISION: HEARING OFFICER DECISION: Approval STAFF RECOMMENDATION: Approval ZONING DISTRICT: C - Commercial