HomeMy WebLinkAboutFOSSIL CREEK OFFICE PARK, LOT 5 - PDP - 3-08 - DECISION - CORRESPONDENCE-HEARINGMeetii
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Fossil Creek Office Park Lot DP
Administrative Hearing
Findings, Conclusions, and Decision
June 23, 2008
Page 4 of 4
development in the surrounding office and relationship of other buildings within
the office park to abutting streets, the proposed site layout adequately and
appropriately addresses all other standards relating to pedestrian connectivity
and internal walkways.
SUMMARY OF CONCLUSIONS
A. The Fossil Creek Office Park Lot 5 PDP Project Development Plan is subject to
administrative review and the requirements of the Land Use Code (LUC).
B. The Fossil Creek Office Park Lot 5 PDP Project Development Plan satisfies the
development standards of the C zoning district.
C. The Fossil Creek Office Park Lot 5 PDP Project Development Plan complies with
all applicable General Development Standards contained in Article 3 of the Land
Use Code except for Section 3.5.3(B)(2).
D. With respect to Section 3.5.3(B)(2) of the LUC which sets forth the requirement
for the orientation of commercial buildings:
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 foundation that was previously approved by
the City with a building permit, and the resulting development pattern would
match that of other buildings within the Cameron Park Office Park.
DECISION
The Fossil Creek Office Park Lot 5 PDP Project Development Plan #3-08, including a
modification to Section 3.5.3(B)(2), is hereby approved by the Hearing Officer without
condition.
Dated this 23rd day of June 2008, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Cameron GloKng
Current Plann Director
Fossil Creek Office Park Lot _ . DP
Administrative Hearing
Findings, Conclusions, and Decision
June 23, 2008
Page 3 of 4
FACTS AND FINDINGS
The surrounding zoning and land uses are as follows:
N: C: Existing office/commercial uses (Cameron Park 2"d Filing)
E: C: Existing office/commercial uses (Cameron Park Subdivision)
S: C & POL Existing office/commercial uses and Retail Natural Area
W: C: Future single-family attached and multi -family residential uses
(Redtail Subdivision)
This property is platted as Lot 5 of the Cameron Park Subdivision. A permit to construct
the foundation for the easternmost building was issued in October 1995. The
foundation was constructed but the permit expired before anything else was
constructed. This Project Development Plan proposal includes use of the existing
foundation for one of the proposed office buildings.
1. 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 offices buildings 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, except for one section of the Land Use Code where the applicant
submitted a request for modification to this specific standard. 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 exceed the "build -to" line requirement for streetfront
buildings, where a maximum of fifteen (15) feet is required under Section
3.5.3(B)(2) Orientation to Build -to Lines for Streetfront Buildings, is appropriate
given pre-existing site conditions. An undue hardship would be placed on the
owner to remove the existing foundation that was previously approved by the
City with a building permit. Furthermore, based on the existing pattern of
Fossil Creek Office Park Lot DP
Administrative Hearing
Findings, Conclusions, and Decision
June 23, 2008
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 4:00 p.m. on June 23, 2008 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 (on behalf of City Planner Shelby Sommer)
From the Applicant:
Jon Prouty, Lagunitas Company
From the Public:
None
Written Comments:
None
Y_ annina. Development and 1- ansportation Services
Current Planning
City of Fort Collins
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
June 23, 2008
Fossil Creek Office Park Lot 5 Project
Development Plan
#3-08
Lagunitas Company
c/o Jon Prouty
3944 JFK Parkway, Suite 12E
Fort Collins, CO 80525
Lagunitas Diversified Projects, LLC
3944 JFK Parkway, Suite 12E
Fort Collins, CO 80525
Cameron Gloss
Current Planning Director
The applicant proposes to construct two office buildings on Lot 5 of the Fossil Creek
Office Park (also referred to as Cameron Park Second Filing). The property is located
at 117 Cameron Drive, on the south side of Cameron Drive, approximately 300 feet
west of College Avenue. The property is primarily vacant, except as portion of the
foundation for one of the proposed office buildings was constructed several years ago.
One of the proposed buildings will utilize the existing foundation.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: Commercial — (C)
281 North College Avenue • PO Box 580 • Fort Collins, CO 80522-0580 • (970) 2216750 • FAX (970) 416-2020