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HomeMy WebLinkAboutFOSSIL CREEK OFFICE PARK, LOT 5 - PDP - 3-08 - DECISION - CORRESPONDENCE-HEARINGMeetii Date: PLEASE PRINT CLEARLY - — Name -- Address - Zip - - -- - Phone Email to receive a copy of meeting summary(via email) J ° ZG aacl , 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