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HomeMy WebLinkAboutCOLORADO IRON & METAL - MOD - 5-10 - DECISION - MINUTES/NOTESAdministrative Public Hearing Sign -In Project: or Meeting Location: _ Date: ' / 2U 1 i u PLEASE PRINT CLEARLY QS I Name Address Phone Email Gh � llvzb �l i T is 2-38 l�a(ti 7_©o q[�—�q 3 Colorado Iron & Metal, Pplication.of.Standard, #5-10 as Administrative Hearing, Findings, Conclusions, and Decision March 30, 2010 Page 6 of 6 submitted "will not diverge from the standards of the LUC ... except in a nominal and inconsequential way when considered from the perspective of the entire development plan and will continue to advance the purposes of the LUC as contained in Section 1.2.2," of the LUC, based on the following: o The fencing will be treated like a structure and will be screened from high -use and high -visibility areas by foundation plantings; o There is no contextual building setback visible in this area, so the proposed fence that will be closer to the front of the site will not seem inappropriate when considering the surrounding properties; o The fencing meets the setback standards of the Industrial Zone District; and o The industrial use proposed, which requires the screening, is consistent with the Land Use Code. D. This request is only for a modification to the specific standard in Section 3.8.11(C). The applicant has submitted a Minor Amendment for the proposed addition of use on the site, which is currently being reviewed by the City separate from this request for a modification of standard. DECISION The Colorado Iron & Metal, Modification of Standard, #5-10 is hereby approved by the Hearing Officer without condition. Dated this 30th day of March, 2010 per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Ted Shepar Chief Planner Colorado Iron & Metal, Mo�ation of.Standard,.#5-10 40 Administrative Hearing, Findings, Conclusions, and Decision March 30, 2010 Page 5 of 6 4. STAFF'S ANALYSIS OF MODIFICATION REQUEST The LUC sets forth the requirement that: "fences or walls shall be no more than four (4) feet high between the front building line and front property line." The Applicant's Modification of Standard request is to have a 10' metal fence, for buffering of metal scrap piles, in front of the front building on the property. In reviewing the proposed documentation provided by the Applicant for purposes of determining whether it accomplishes the purposes of this section as required, Staff has determined that: • Granting the requested modification would not be detrimental to the public good. • The proposed fencing to screen the scrap metal piles on the site meets the criteria set forth for a Modification of Standard Request in Section 2.8.2(H)(4), in that, the plan as submitted "will not diverge from the standards of the LUC ... except in a nominal and inconsequential way when considered from the perspective of the entire development plan and will continue to advance the purposes of the LUC as contained in Section 1.2.2," based on the following: o The fencing will be treated like a structure and will be screened from high -use and high -visibility areas by foundation plantings; o There is no contextual building setback visible in this area, so the proposed fence that will be closer to the front of the site will not seem inappropriate when considering the surrounding properties; o The fencing meets the building setback standards of the Industrial Zone District; and o The industrial use proposed, which requires the screening, is consistent with the Land Use Code. SUMMARY OF CONCLUSIONS A. The requested Modification of the Standard in Subsection 3.8.11(C) of the Land Use Code for the Colorado Iron and Metal is subject to an Administrative (Type 1) review. B. Granting the requested modification would not be detrimental to the public good. C. The requested Modification of Standard to Section 3.8.11(C) is supported by the criteria set forth in Section 2.8.2(H)(4), in that, the plan as Colorado Iron & Metal, Modification of Standard; #5-10 40 Administrative Hearing, Findings, Conclusions, and Decision March 30, 2010 Page 4 of 6 As part of the Minor Amendment, we want to screen the recycling operations from the street as required in the Section 4.28(E)(3)(b)(1), however the nature of the recycling operations would require a 10-foot tall fence to adequately hide the views of the recycling scrap piles. The existing building is setback approximately 128 feet from the street, and as part of the minor amendment application, we propose to locate a recycling scrap pile closer to the street than the front facade of the building. As shown in the attached minor amendment site & landscape plan, our intent is to have a 10-foot tall screening fence enclose all views of the recycling piles from the public street. Therefore, we propose to locate this 10-foot tall fence between the front building line and the front property line, which is technically the front yard. The Public Good The "public good" that the standard generally serves, is to ensure that the visual impact of front yard fencing does not dominate the view of a property from the public's view. The granting of the modification would not be detrimental to the public good because the proposed 10-foot tall fencing is only proposed along 27% of the street frontage of the site, is setback 30 feet from the street, and is being landscaped as would be required for a building facade. Nominal & Inconsequential Divergence from the Standards The standard for which we are seeking the modification requires fencing to be short in several specific circumstances. This standard does not account for the unique circumstances present in a 5-acre industrial site, namely that recycling scrap piles would not adequately be screened with a 4 foot fence. Furthermore, for the same reason that the proposed screening fence is not detrimental to the public good, it is also only diverging from the standard in a nominal and inconsequential manner because the proposed 10 -foot tall fencing is only proposed along 27% of the street frontage of the site, it is setback 30-feet from the street, and it is being landscaped as would be required for a building facade. Continual Advancement of LUC Purposes We hereby contend that the plan as submitted will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2 because, for the same reasons the modification is not detrimental to the public good, the proposed modification also: • Fosters safe, economic use of the land (1.2 .2(C)]; • Improves the design, quality, and character of new development (1.2.2(J)); • Fosters a more rational pattern of relationship among residential, business, and industrial uses for the mutual benefit of all (1.2.2(K)); • Ensures that development proposals are sensitive to the character of existing neighborhoods. Colorado Iron & Metal, M�ation of Standard, #5-10 Administrative Hearing, Findings, Conclusions, and Decision March 30, 2010 Page 3 of 6 FACTS AND FINDINGS The Applicant has submitted an application with a request for a modification of standard to Section 18.11(C) Fences or Walls. This section refers to the requirement that "fences or walls shall be no more than four (4) feet high between the front building line and front property line." The proposed 10' metal fence is intended to screen the scrap metal piles that will be on the site, associated with the recycling facility proposed in the Minor Amendment. The proposed 10' fence will require a building permit and, as the Site Plan shows, will be screened from high -use and high -visibility areas by foundation plantings. This request is only for a modification of the specific standard in Section 3.8.11(C) as the actual addition of use is being reviewed through the Minor Amendment process. COMMENTS: 1. BACKGROUND The surrounding zoning and land uses are as follows: N: I, Industrial; Existing New Belgium Brewery E: I; Existing Point Five Windows Manufacturing and Sales S: I; Existing Vanworks Service Garage and mini storage facility W: I; Vacant Property owned by Odell Investments The property was annexed into the City in June, 1974 as part of the Northeast Consolidated Annexation. The subject property was' originally platted in the North Lemay Subdivision, Second Filing in September, 1981. The majority of the site was replatted as Lots 1 — 3 of Vanworks Subdivision, Second Filing in April, 1997. 2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS Section 3.8.11(C) Fences and Walls, which states (in part) that, "fences or walls shall be no more than four (4) feet high between the front building line and front property line." The Applicant has proposed that the modification of the standard would not be detrimental to the public good and that it meets the requirements of Section 2.8.2(H)(4). 3. APPLICANT'S REQUEST Colorado Iron and Metal is currently operating their offices and metal fabrication operations within the building at 903 Buckingham. Concurrently, with this modification request, we are requesting a minor amendment to allow "Recycling Facilities" to utilize the yard area of the site, using the existing site improvements. Colorado Iron & Metal, M0Pification of Standard,#5-10 4D Administrative Hearing, Findings, Conclusions, and Decision March 30, 2010 Page 2 of 6 SUMMARY OF HEARING OFFICER DECISION: ZONING DISTRICT: 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. . e3 The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:30 p.m. on March 24, 2010 in 281 North College Avenue NSVenti Conference Room, 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: Ted Shepard, Chief Planner Emma McArdle, Planner From the Applicant: Troy Jones, MTA Planning & Architecture, 238 Walnut, Ste. 200, Fort Collins From the Public: Cindy McCrery Michael McCrery Written Comments: None do Colorado Iron & Metal, Vation of Standard, #5-10 Administrative Hearing, Findings, Conclusions, and Decision March 30, 2010 Page 1 of 6 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: March 24, 2010 Colorado Iron & Metal, Modification of Standard #5-10 Troy Jones MTA Planning & Architecture 238 Walnut Street, Suite 200 Fort Collins, CO 80524 GTG Investments 903 Buckingham Street Fort Collins, CO 80524 Ted Shepard Chief Planner Colorado Iron and Metal is relocating its recycling facility from its East Mulberry location to a site located at 903 Buckingham Street; this change of use is being reviewed through the City of Fort Collins Minor Amendment Process. The Minor Amendment is proposing a 10' metal fence, to be located in front of the primary structure on the site, to screen the metal scrap pile while it waits to be recycled in the side yard. Section 3.8.11(C) Fences and Walls of the City's Land Use Code does not permit fences or walls over 4' to be located in front of the front building line on the site. This request, being reviewed by the Fort Collin's Administrative Hearing Officer, is only to review the stand-alone modification of standard to Section 3.8.11(C) that is associated with the previously mentioned Minor Amendment. The site is located at 903 Buckingham Street, southwest of the intersection of Lemay Avenue and Vine Drive and is in the "I", Industrial, Zone District. Planning, Development & Transportation Services mot` Collins March 30, 2010 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax tcgov.com Attendee of the Colorado Iron & Metal Modification of Standard, # 5-10 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 Colorado Iron & Metal Modification of Standard, #5-10. 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 March 30, 2010 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on Tuesday, April 13, 2010. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcqov.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 221-6343. Sincerely T1(j47� Ted Shepard Chief City Planner