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Little Bear's Child Care PDP * PDP120017
Administrative Hearing Findings, Conclusions, and Decision
July 23, 2012
Page 9 of 9
The Little Bear's Child Care Project Development Plan - # PDP120017 is hereby
approved by the Hearing Officer without condition, dated this 23rd day of July, 2012, per
authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code.
Pete WP@y, Senior City Planner
Little Bear's Child Care PDP,. PDP120017
Administrative Hearing Findings, Conclusions, and Decision
July 23, 2012
Page 8 of 9
B. Section 4.27(D)(2) — Secondary Uses
Per LUC 4.27(D) (2), Child Care Centers are considered to be a'secondary use in the E
zone district. This Section states that, "all secondary uses shall be integrated both in
function and appearance into a larger employment district development plan that
emphasizes primary uses... [Secondary uses] together shall occupy no more than
twenty-five (25) percent of the total gross area of the development plan."
As proposed, the existing building will undergo a minor exterior remodel; however it will
continue to be visually functional, integrated and compatible with the larger Employment
Zone District. The gross area of the project development plan is 37,624 square feet.
The Child Care building is 7,559 square feet (including basement storage) or about 20%
of the total project development plan area, meeting the code requirement.
FINDINGS OF FACT I CONCLUSIONS:
After reviewing the Little Bear's Child Care Project Development Plan, PDP - # 120017,
staff makes the following findings of fact and conclusions:
■ The process located in Division 2.2 - Common Development Review Procedures
for Development Applications of ARTICLE 2 - ADMINISTRATION;
■ The standards located in Division 3.2 - Site Planning and Design Standards;
■ The standards required in Division 4.27 — Employment of ARTICLE 4 —
DISTRICTS; and
■ The proposed use of child care centers are permitted in Division 4.27
Employment zone as secondary use of ARTICLE 4 — DISTRICTS, subject to an
administrative review.
STAFF RECOMMENDATION:
Staff recommends approval of the Little Bear's Child Care Project Development Plan - #
PDP120017.
DECISION
The Hearing Officer agrees with the staff recommendation on this project. Initial
citizen questions relating to spill -over parking and access on adjacent business
property were answered by staff and the applicant. .
Little Bear's Child Care PDP # PDP120017
Administrative Hearing Findings, Conclusions, and Decision
July 23, 2012
Page 7 of 9
required play area of 5125 sq. ft. The outdoor playground proposed is
10,964 sq. ft, which is almost double the minimum required size required.
2) Section 3.4.8(A)- Play Area Fencing and Screening
Section 3.8.4(A) also notes that "any such play area within or abutting any
residential district shall be enclosed by a decorative solid wood fence,
masonry wall or chain link fence with vegetation screening, densely
planted. The height of such fence shall be a minimum of six (6) feet and
shall comply with Section 3.8.11."
The site, including the play area is not within, nor does it abut any
residential district. Screening of the playground is therefore not required.
The applicant is proposing to enclose the play area with a 6 foot tall chain
link fence, with is not intended for screening purposes, but rather
containment purposes.
3) Section 3.8.4(A) - Loading & Unloading
Additionally, the LUC continues on to state, "where access to preschool
nurseries is provided by other than local streets, an off-street vehicular
bay or driveway shall be provided for the purpose of loading and
unloading children where access to preschool nurseries is provided by
other than local streets, an off-street vehicular bay or driveway shall be
provided for the purpose of loading and unloading children."
As proposed, an existing off-street vehicular driveway leads to a parking
lot that serves the building. The applicant states that parents will park
their cars and physically bring their children into the building to check them
in, because they are too young to be simply dropped off. Pick up will also
require the parents to park, and go into the building to check out their
child. Due to the operational characteristics of the facility, the project
meets the intent of the Land Use Code section.
4. Compliance with Applicable Article 4 — Employment (E) Zone District
Standards:
A. Section 4.27(8) (2) (c) - Permitted Uses
As previously stated above, child care centers are a permitted use in the Employment
zone, subject to an Administrative (Type 1) review and public hearing.
Little Bear's Child Care PDP ;; PDP120017
Administrative Hearing Findings, Conclusions, and Decision
July 23, 2012
Page 6 of 9
minor alterations to the building exterior and only daytime hours of operation. Overall,
the project will achieve functional integration with the surrounding land uses and
character.
K. Section 3.6.4 — Transportation Level of Service Requirements
A Transportation Impact Study wassubmitted and evaluated by the City's Traffic
Engineering Department. The Study makes the following conclusions:
• The project is feasible from a traffic engineering standpoint.
• At full development, the project will generate approximately 465 daily trip
ends, 83 morning peak hour trip ends, and 85 afternoon peak hour trip
ends.
• In the short range (2017) future, given development of Little Bear's Day
Care and an increase in background traffic, the key intersections will
operate acceptably during peak hours.
• No additional auxiliary lanes are required at the Riverside Avenue/Site
access intersection.
• Acceptable level of service is achieved for pedestrian, bicycle and transit
modes based upon the measures in the multi -modal transportation
guidelines.
L. Section 3.8.4 — Supplementary Regulations — Child Care Center
1) Section 3.4.8(A)- Play Area
This Section stipulates child care uses and requires that a minimum of two
thousand five hundred (2,500) square feet of outdoor play area be
provided for fifteen (15) children or fewer, with seventy-five (75) additional
square feet being required for each additional child, except that the size of
the total play area need only accommodate at least fifty (50) percent of the
capacity of the center. For the purposes of this subsection, the capacity of
the center is calculated based upon indoor floor space reserved for school
purposes of forty (40) square feet per child.
As proposed, the classrooms within the building constitute 4015 sq. ft. of
indoor floor space. For the purpose of applying this section, at 40 sq. ft.
per child, the maximum capacity of the center is 100; therefore the play
area need only accommodate 50 children total. The first 15 children (of
maximum capacity) require 2500 sq. ft. of outdoor play area, and the
remaining 35 children (of maximum capacity) require another 75 sq. ft. per
child, or another 2627 sq. ft. of play area. This equates to a total minimum
Little Bear's Child Care PDP ?F PDP120017
Administrative Hearing Findings, Conclusions, and Decision
July 23, 2012
Page 5 of 9
Section 3.2.2(K) (1) (h) goes on to say that in the event that a child care center is
located adjacent to uses such as retail, office, employment or industrial uses, and when
staggered peak periods of parking demand do not exist with these adjacent uses, then
the maximum number of parking spaces allowed for a child care center shall be 4
spaces per one 1,000 square feet of floor area. Although there are adjacent office and
employment uses in the vicinity of the PDP, they share similar peak periods of parking
demand as the proposed child care center. Using the 6290 sq. ft. ground floor area to
calculate the maximum (the existing building has a 1,269 square foot basement for
storage), a maximum of 25 spaces are allowed.
By providing 21 parking spaces for the proposed child care center, the project satisfies
the Article 3 parking requirement.
Section 3.2.4 — Site Lighting
The applicant is proposing alternative compliance to the lighting standards in Section
3.2.4. The applicant's alternative compliance submittal is attached.
Applicant's Justification
"The lighting on this PDP is unique in that we are proposing to change the use of
an existing property rather than to build a new development from scratch. The
code requires a minimum of one (1.0) foot candles for commercial building
surrounds, and although we don't know exactly how many foot candles. the
existing fixtures emit, we feel the existing lighting already on the building satisfies
the purpose of this section as well as would a plan that satisfies the standard
.The existing exterior building lighting has been adequate for the needs of the
building occupants and the neighborhood for years, and therefore the functional
and security needs of the project are met in a way that does not adversely affect
the adjacent properties or neighborhood. It is intended that the lighting not be
changed from the existing conditions. The fixtures currently used on the
building's exterior are shown in the series of images below."
Staff concurs that the existing lighting plan has adequately served the existing office
building well over past years and has not produced an overabundance of light on to
adjacent properties.
J. Section 3.5.1— Building Project and Compatibility
This project is compatible with the existing character and context of the area both
operationally and visually. Because of the sustainable reuse of the existing building,
some of the office/commercial character will be retained as a child care facility, with
Little Bear's Child Care PDP * PDP120017
Administrative Hearing Findings, Conclusions, and Decision
July 23, 2012
Page 4 of 9
C. Section 3.2.1(E) (5) — Parking Lot Interior Landscaping
The parking lot features an interior landscaped peninsula containing approximately
1000 square feet.of landscaped area, meeting the Code requirements.
D. Section 3.2.1(F) — Tree Protection and Mitigation
The project has many existing trees which all be retained. Note number one of the
landscape plan highlights and ensures that all existing trees will remain.
E. Section 3.2.2— Access Circulation and Parking
Primary access to the site is gained by the driveway along Riverside Avenue. There is a
directly connecting walkway that links the building to the new 6 foot wide public sidewalk
being constructed parallel Riverside Avenue. This PDP adequately accommodates the
movement of vehicles, bicycles, pedestrians and transit. Parking for employees will be
provided in the existing parking lot and the existing driveway and parking will be used
for child pick-up and drop-off.
G. Section 3.2.2(C) (4) — Bicycle Facilities
This section requires bicycle parking spaces equal to 5 percent of the total number of
automobile parking spaces provided by the development. As proposed, the project
includes 21 vehicular parking spaces and per code is required to provide 1 bicycle
parking space. The project provides approximately 5 exterior bicycle parking spaces via
one rack located near the northwest corner of the building.
H. Section 3.2.2(K) (2) - Parking
The development proposal satisfies the parking allowances for non-residential uses as
set forth in Section 3.2.2(K) (2) of the LUC for child care center use. There will be 21
parking spaces on the site, including 3 handicapped spaces, for the 7,559 square foot
building.
Section 3.2.2(K)(1)(h) of the LUC requires child care centers to provide 2 parking
spaces per 3 employees, or 1 parking space per one 1,000 square feet of floor area,
whichever requires the greatest number of parking spaces. Using the first method listed
above to determine the minimum parking required, the proposed child care center
expects to have no more than 21 employees in the building at any one time. The
applicant states that a typical shift will include 12 employees. Using 21 employees for
the calculation, the project would require a minimum of 14 parking spaces.
Little Bear's Child Care PDP 4 PDP120017
Administrative Hearing Findings, Conclusions, and Decision
July 23, 2012
Page 3 of 9
The surrounding zoning and land uses are as follows
North: I -Industrial; Coloradoan Newspaper Commercial Building;
South: E-Employment; Medical Clinics and Offices;
East: [-Industrial; Commercial Office Buildings;
West: E-Employment; Medical Clinics;
The properties were part of the First Betz Annexation in 1963 and were part of the
Viking 1 Subdivsion, platted in 1979. The existing building at 1247 Riverside Avenue
and the existing parking lot are on Lot 2 of the Viking 1 Subdivision. The vacant lot at
1230 East Elizabeth Street is on Lot 3 of the Viking 1 Subdivison.
2. Compliance with Applicable Article 2 - Administration:
The Little Bear's Child Care Project Development Plan (PDP) complies with the
applicable requirements of the Land Use Code, including the procedural requirements
located in Division 2.2 — Common Development Review Procedures for Development
Applications; and Division 2.4 — Project Development Plan.
A. Neighborhood Meeting and Notification
Child care facilities are a permitted use in the Employment zone, subject to an
Administrative (Type 1) Review and Public Hearing. According to Land Use Code
Section 2.2.2(B), neighborhood meetings are mandatory only for proposals subject to
Planning and Zoning Board review. Therefore, a neighborhood meeting was not
required, nor held, for this project. Additionally, no written comments from the public
have been received by the planner regarding this project. The project has had a sign
posted and this hearing was noticed properly.
3. Compliance with Applicable Article 3 General Development Standards:
A. Section 3.2.1) — Landscaping and Tree Protection
The PDP provides full tree stocking, landscaped and hardscaped areas where feasible
and applicable. At time of final, the two ornamental trees on East Elizabeth Street will be
replaced with two canopy trees meeting the LUC requirements.
B. Section 3.2.1(E) (4) (a) — Parking Lot Perimeter Landscaping
The parking lot area will be effectively screened by a combination of plant material,
including coniferous shrubs in order to provide year-round screening.
Little Bear's Child Care PDP * PDP120017
Administrative Hearing Findings, Conclusions, and Decision
July 23, 2012
Page 2 of 9
PUBLIC HEARING
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 5:00 p.m. on July 11, 215 N. Mason Street, Fort Collins,
Colorado, in the Community Conference Room.
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:
Courtney, Levingston, City Planner
From the Applicant:
Troy Jones, 108 Rutgers Ave, Fort Collins, CO 80525
From the Public:
Michelle Crawford, 1015 Sycamore Street, Fort Collins, CO 80521
Pam Roys, 1224 E. Elizabeth Street, Fort Collins, CO 80524
Ted & Kelley Melott, 110 Star View Drive, Livermore, CO 80536
Sean Rogers, 216 Hemlock Street, Ste. B, Fort Collins, CO
Written Comments:
None
FACTS AND FINDINGS
1. Background
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:
11
July Je, 2012
Little Bear's Child Care
Project Development Plan
# PDP 120017
MTA Planning & Architecture
C/o Troy Jones
108 Rutgers Avenue
Fort Collins, CO 80525
Ted and Kelly Melott.
110 Star View Drive
Fort Collins, CO 80521
Pete Wray
Senior City Planner
The project is proposing to remodel the existing 7,559 square foot building (formerly the
Children's Speech Therapy Center and Green Path Financial Counseling Services) at
1247 Riverside Avenue for use as a child care center. The existing building will remain,
with minor exterior remodeling, primarily on the west elevation. In addition, the adjacent
vacant lot to the south at 1230 East Elizabeth Street will be developed as the child care
center's outdoor playground. The playground would have a 6 foot chain link fence
around the perimeter and consist of natural play features. The site is zoned
Employment (E), and child care centers are permitted in the Employment Zone District,
subject to an administrative review and public hearing.
SUMMARY OF HEARING OFFFICER DECISION:
ZONING DISTRICT: Employment (E)
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.
Planning, Development & Transportation Services
,,.Fort` Collins
of
July 23, 2012
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134-fax
fcgov.com
Attendee of the Little Bear's Child Care Project Development Plan # PDP 120017
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 the Little Bear's Child Care Project
Development Plan # PDP 120017.
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 attended and/or provided testimony at the
public hearing held on July 2012.
ll
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 July 23, 2012 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on August 6, 2012. Guidelines explaining the
appeal process, including the Code provisions previously referenced, can be found
online at fcgov.com/cityclerk/appeals.php, 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 970-221-6754.
Sincerely,
Pete Wray
Senior City Planner