HomeMy WebLinkAboutKAUFMAN & ROBINSON OFFICE DEVELOPMENT - PDP - 40-08 - DECISION - CORRESPONDENCE-HEARINGKaufman & Robinson Office Development Project Development Plan
Administrative Hearing Findings, Conclusions, and Decision
December 8, 2009
Page 9 of 9
that adjoins a zone district that is predominantly characterized
by permitted residential uses.
In compliance with Section 2.8.2(H)(1), it is hereby determined that
the development plan as submitted is not detrimental to the public
good and that the plan as submitted will promote the general
purpose of the standards for which the modifications are requested
equally well than would a plan which complies with the standards
for which the modifications are requested.
DECISION
The Kaufman & Robinson Office Development Project Development Plan, # 40-
08 is hereby approved by the Hearing Officer without condition.
Dated this 8th day of December, 2009 per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
. TZ4':�nA
Ted Shepard
Chief Planner
Kaufman & Robinson Office Development Project Development Plan
Administrative Hearing Findings, Conclusions, and Decision
December 8, 2009
Page 8 of 9
• Screening - 4.28(E)(3)(a)2
The plan as submitted contains a parking lot with 9 spaces between the building
and the ROW. The plan would be consistent with the majority of the block faces
in this developed area along Blue Spruce Drive, with parking between the
buildings and the property lines and street, on both the east and west sides.
• Screening - 4.28(E)(3)(a)3
The undeveloped property directly east is in the LMN, Low Density Mixed -Use
Residential District. The building will be set back from the east property line a
distance of 80' with a stormwater detention pond located within this setback area.
No landscaping is being proposed in the detention pond; therefore, the plan as
submitted does not fully satisfy this section of the LUC. However, there is an
existing pond with significant vegetation (trees and shrubs) on the property to the
east that will provide an additional landscaped separation of about 300' between
this building and future residential.
SUMMARY OF CONCLUSIONS
A. The Kaufman & Robinson Office Development, PDP contains uses
permitted in the Industrial District, subject to an administrative review
and public hearing.
B. The Kaufman & Robinson Office Development, PDP meets applicable
General Development Standards of Article Three.
C. The Kaufman & Robinson Office Development, PDP complies with
applicable Land Use and Development Standards contained in
Section 4.28 of Article Four with the following three exceptions for
which three Modifications of Standard have been requested:
• Orientation - 4.28(E)(2)(b) - which requires that a building face
abut the required minimum landscaped yard for at least 30% of
the building frontage.
• Screening - 4.28(E)(3)(a)2 - which requires a minimum 30'
deep landscaped yard be provided on the subject property
along the street right-of-way for Blue Spruce Drive.
• Screening - 4.28(E)(3)(a)3 - which requires a minimum 80'
deep landscaped yard be provided along any boundary line
Kaufman & Robinson Office Development Project Development Plan
Administrative Hearing Findings, Conclusions, and Decision
December 8, 2009
Page 7 of 9
The combined requirement of the district buffer and building frontage on the
buffer, eliminates the possibility of placing parking to the west of the building,
resulting in a building side Wend condition' facing the street, with the building
entry located on an 'off-street' side. Allowing parking between the street and the
building provides for the primary building entrance located facing the street. This
orientation provides a more architecturally detailed and visually attractive facade
to face the district boundary.
The subdivision creating these lots was filed in 1974, and the current owners
purchased the property in 1996; both occurred prior to adoption of the current
district buffer standard in 1997.
To mitigate the request to waive the district buffer requirements and ensure that
the intent of the Land Use Code is met, we have proposed increasing the
landscaping along Blue Spruce Drive to include one additional tree and six
additional shrubs as screening to the parking. Additionally, a pedestrian link has
been provided from the new sidewalk along Blue Spruce Drive, across the
parking to the main entry.
Given the age of this development, the nature of this infill development and the
character of the neighboring properties, we feel that this modification is not
unreasonable or a substantial departure from the intent of the requirements in the
Land Use Code.
Staffs Evaluation:
In evaluating the proposed modifications of standards set forth in Subsections
4.28(E)(2)(b), 4.28(E)(3)(a)2, and 4.28(E)(3)(a)3, staff has determined that the
development plan as submitted is not detrimental to the public good and that the
plan as submitted will promote the general purpose of the standards for which
the modifications are requested equally well than would a plan which complies
with the standards for which the modifications are requested.
Orientation - 4.28(E)(2)(b)
The applicant is proposing to provide a parking lot containing 9 spaces between
the front of the building and Blue Spruce Drive. The distance between the front of
the building and the property line would be 80' and the 30' deep landscaped yard
would not be included. The plan would be consistent with the majority of the
block faces in this developed area along Blue Spruce Drive, with parking
between the buildings and the property lines and street, on both the east and
west sides.
Kaufman & Robinson Office Development Project Development Plan
Administrative Hearing Findings, Conclusions, and Decision
December 8, 2009
Page 6 of 9
The undeveloped property directly east is in the LMN, Low Density Mixed -Use
Residential District. The plan as submitted does not fully satisfy this standard.
The applicant has submitted a request for a modification of this standard.
Applicant's Request:
1) Per section 4.28(E)(3)(a.3) of the Land Use Code, an 80-foot buffer is required
between this Industrial zoned property and the adjacent Low Density Mixed -Use
Neighborhood to the east. This project provides for an 80-foot strip of property
free of buildings and parking, but seeks a modification of this standard to provide
additional landscape screening.
Section 2.8.2(H)(1) of the Land Use Code allows for such a modification of the
standard when the submitted application promotes the purposes of the code and
equally meets the provisions of the modified standard. The existing Evergreen
West pond and surrounding vegetation create a visual screen that exceeds the
requirements of the 80-foot buffer.
2) Per section 4.28(E)(3)(a.2) of the Land Use Code, a 30-foot district boundary
buffer is required between Industrial zoned property and the CS, Service
Commercial property west of Blue Spruce Drive. Section 4.28(E)(2)(b) of the
Land Use Code then requires that 30% of the building frontage abut to this
buffer. This project seeks a modification of these standards to waive the
requirement of the district buffer and to waive the requirement of positioning the
building to abut this buffer.
Per section 2.8.2(H)(1) of the Land Use Code, a modification of these standards
may be granted where the submitted plan promotes the general purpose of the
standard. The standards for district buffers are in effect to visually screen
differing land uses, in this case, industrial and commercial uses. While zoned
commercially, the neighboring lot has been developed industrially, both in use
and visual character of the development. The vertical structure is a concrete and
metal building with a small amount of fenestration facing the proposed project.
The majority of the openings that do face the proposed project site are overhead
doors with an industrial look. The parking for the commercially zoned lot extends
to the street with no landscaping of any kind.
The proposed project is on an infill lot, developing one of the few remaining
vacant properties in this subdivision. The planned orientation of
street/parking/building is consistent with all of the properties in this subdivision to
the south, and the building location proposed creates a uniform setback with
these properties. There is no requirement for a district buffer south of Red Cedar
Circle as there exists industrial zoning on both sides of Blue Spruce Drive.
Kaufman & Robinson Office Development Project Development Plan
Administrative Hearing Findings, Conclusions, and Decision
December 8, 2009
Page 5 of 9
of concrete panels, metal & ivy "green screens", and stone veneer at the entry.
The materials are very similar to the existing materials already used in the
surrounding area.
Section 3.6.4. Transportation Level of Service Requirements
The City of Fort Collins Traffic Engineer and Transportation Planning Department
have determined that, based on the information provided in the Transportation
Impact Study, the P.D.P. complies with the standard.
3. ARTICLE 4 — INDUSTRIAL ZONE DISTRICT
Section 4.28(E) Development Standards
The proposal satisfies applicable development standards in the I - Industrial
District, with the following three exceptions:
A. Section 4.28(E)(2)(b) - Orientation:
This standard requires that a building face abut the required minimum
landscaped yard for at least 30% of the building frontage.
The applicant is proposing to provide a parking lot containing 9 spaces
between the front of the building and Blue Spruce Drive. The distance
between the front of the building and the property line would be 80' and the
30' deep landscaped yard would not be included. The applicant has submitted
a request for a modification of this standard.
B. Section 4.28(E)(3)(a)2 — Screening:
This standard requires a minimum 30' deep landscaped yard be provided on
the subject property along the street right-of-way (ROW) for Blue Spruce
Drive.
The plan as submitted contains a parking lot with 9 spaces between the
building and the ROW. The applicant has submitted a request for a
modification of this standard.
C. Section 4.28(E)(3)(a)3 — Screening:
This standard requires a minimum 80' deep landscaped yard be provided
along any boundary line that adjoins a zone district that is predominantly
characterized by permitted residential uses.
Kaufman & Robinson Office Development Project Development Plan
Administrative Hearing Findings, Conclusions, and Decision
December 8, 2009
Page 4 of 9
Section 3.2.1(E)(5). Parking Lot Interior Landscaping
The proposal satisfies the requirement set forth in Section 3.2.1(E)(5) pertaining
to 6% of the interior space of a parking lot with less than 100 spaces shall be
landscape areas. There is 6.1 % interior landscaping being provided.
Section 3.2.2. Access, Circulation and Parking.
Bicycle Facilities - Section 3.2.2(C)(4)(a) - a rack for 2 bicycles is being provided
next to the main entry of the building. This exceeds the minimum of 1 bicycle
parking space required as 5% of the total vehicle parking spaces on -site.
Direct On -site Access to Pedestrian and Bicycle Destinations - Section
3.2.2(C)(6) - the on -site pedestrian and bicycle circulation system is designed to
provide for direct connections to major pedestrian and bicycle destinations,
including the existing neighborhood park to the east and the shopping center to
the west of the development.
Required number of parking spaces - Section 3.2.2(K)(2)(a) — the P.D.P. does
not exceed the maximum parking allowance for light industrial and office.
Section 3.3.1. Plat Standards
The P.D.P complies with the general plat requirements.
Section 3.3.5 — Engineering Design Standards
The P.D.P complies with all design standards, requirements and specifications
for utility and public services as required.
Section 3.5.1(B). Architectural Character
The building will be compatible with the established architectural character of the
surrounding area which is characterized as a mix of industrial/commercial/office.
Section 3.5.1(C). Building Size, Height, Bulk, Mass, Scale
The building would be one story and 22' in height, with a flat roof. It will be a long,
linear structure very similar to the existing buildings to the north and south.
Section 3.5.1(E). Materials
The building materials will be predominantly metal on the north, south, and east
sides. The front side facing Blue Spruce Drive, to the west, will be a combination
Kaufman & Robinson Office Development Project Development Plan
Administrative Hearing Findings, Conclusions, and Decision
December 8, 2009
Page 3 of 9
From the Public:
John Minatta, 2037 Lexington Court, Fort Collins, CO. 80526
Written Comments:
None
FACTS AND FINDINGS
1. Background:
The surrounding zoning and land uses are as follows:
N: I; existing industrial, commercial
S: I; existing industrial, commercial
E: LMN; existing pond & wetland, undeveloped
W: CS; existing industrial, commercial
The property was annexed into the City as part of the Pine Tree Park Annexation
in November, 1972.
The property was subdivided as Lots 3 & 4, Block 5 of Evergreen Park
Subdivision in 1973.
The property remained as Lots 3 & 4, Block 5 with Replat (No. 1) of Evergreen
Park Subdivision in March, 1974.
2. ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS
Section 3.2.1(D)(2). Street trees.
The proposed street tree planting is in accordance with Section 3.2.1(D)(2)(b),
providing trees at 30' on -center in an area behind attached sidewalk or at 25' on -
center in a parkway between curb and detached sidewalk along Blue Spruce
Drive.
Section 3.2.1(E)(4). Parking Lot Perimeter Landscaping
The proposal satisfies the parking lot perimeter landscaping requirements set
forth in Sections 3.2.1(E)(4)(a) & (b), providing a combination of deciduous
shrubs and trees in a planting area between the parking lot and Blue Spruce
Drive and in a planting area between the parking lot and the south property line.
1�
Kaufman & Robinson Office Development Project Development Plan
Administrative Hearing Findings, Conclusions, and Decision
December 8, 2009
Page 2 of 9
SUMMARY OF HEARING OFFICER DECISION:
ZONING DISTRICT: I, Industrial
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 4:00 p.m. on December 2, 2006 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 (4) a tape recording of 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
Andrew Carney, Civil Engineer
From the Applicant:
Matt Heiser, Basis Architecture
Steve Lane, Basis Architecture
Shawn Sullivan, Delta Construction
Jim Kahn, Ion Sources
Kaufman & Robinson Office Development Project Development Plan
Administrative Hearing Findings, Conclusions, and Decision
December 8, 2009
Page 1 of 9
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
HEARING OFFICER:
PROJECT DESCRIPTION:
December 2, 2009
Kaufman & Robinson Office
P.D.P.
BASIS Architecture
c/o Matthew Heiser
1692 Big Thompson Avenue
Estes Park, CO 80517
Kaufman & Robinson, Inc.
1306 Blue Spruce Drive, Suite A
Fort Collins, CO 80524
Ted Shepard
Chief Planner
This is a request for a technology -based design and manufacturing company.
This is a 2-phase development on 1.76 acres. Phase 1, fronting on Blue Spruce
Drive, will consist of 9,500 square feet of Office & Light Industrial uses in a
single -story metal building. Phase 2 will be a 4,875 square foot addition to the
rear of the building for Light Industrial uses. A total of 22 on -site parking spaces
are being provided. The company will employ between 12 and 30 people. The
subject properties are on the east side of Blue Spruce Drive, at the intersection
with Red Cedar Circle, and are zoned I - Industrial. They are Lots 3 & 4, Block 5
of Evergreen Park and are addressed as 1324 & 1330 Blue Spruce Drive.
j Planning, Development & Transportation Services
F City of Community Development & Neighborhood Services
ort CollinsCollege Avenue
P.O.P.
P.O. Boxox 58580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
December 8, 2009
Attendee of the Project, Kaufman & Robinson Office Development, Project
Development Plan (PDP) - #40-08, Public Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing Findings,
Conclusions and Decision for the Project Hearing of Kaufman & Robinson Office
Development, Project Development Plan (PDP) - #40-08
Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been
mailed to the applicant and any person who provided testimony at the public hearing.
This final decision of the Administrative Hearing Officer may be appealed to the City
Council, in accordance with Chapter 2, Article II, Division 3 of the City Code, within 14
calendar days of the date of final action December 8, 2009 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on Tuesday, December 22, 2009. Guidelines
explaining the appeal process, including the Code provisions previously referenced, can
be found online at fcgov.com/cityclerk/appeals.phg, or may be obtained in the City
Clerk'=s Office at 300 LaPorte Avenue.
If you have any questions about the attached Decision or the appeal process, please
contact me at 221-6343.
Sincerely,
Thepard
Chief Planner