HomeMy WebLinkAboutCHASE BANK @ RIGDEN FARM - PDP - 26-09 - DECISION - MINUTES/NOTESAdministrative Public Hearing Sign -in
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(9130Y2bp5) Angelina Sanchez -Sprague ha§eBank @ Rigden_StaffReport_doc
Chase Bank at Rigden Farm, PDP, #26-09
September 28, 2009 Administrative Hearing
Page 8
After reviewing the Chase Bank at Rigden Farm, Project Development Plan, staff
makes the following findings of fact and conclusions:
1. The proposed land uses are permitted in the NC — Neighborhood Commercial
zone district.
2. The Project Development Plan complies with all applicable district standards
of Division 4.23, the NC zone district, of the Land Use Code.
3. The Project Development Plan complies with all applicable General
Development Standards contained in Article 3 of the Land Use Code, with the
exception of one (1) standard:
• Section 3.2.1(D)(3), which Staff is recommending compliance with as a
Condition of Approval.
RECOMMENDATION:
Staff recommends approval of the Alternative Compliance Request.
Staff recommends approval of the Chase Bank at Rigden Farm, Project Development
Plan - #26-09, with the following condition:
1. Applicant shall revise the plan at final plan review to comply with Section
3.2.1(D)(3) of the LUC.
0
(9/30/20Q9) Angelina Sanchez -Sprague hsseBank @ Rigden_StaffReport.doc
Chase Bank at Rigden Farm, PDP, #26-09
September 28, 2009 Administrative Hearing
Page 7
We believe approval of this plan is justified by its consistency with the
commercial uses in this area and with the spirit and intent of the Land Use
Code of Fort Collins. On behalf of Chase, we look forward to working with
you on this project. Chase is eager to get this project started with an
opening in the late spring or early summer 2010.
C. Staff's Analysis of the Applicant's Request:
Staff has determined that the additional parking stall request adequately
meets the seven (7) review criteria of this Alternative Compliance Section
as follows:
1. The additional parking does not detract from the "continuity,
connectivity and convenient proximity for pedestrians between or
among existing or future uses in the vicinity." The pedestrian
connectivity is not changed due to the additional parking spaces.
2. The parking lot "minimizes the visual and aesthetic impact along public
streets" by its location on the south side of the site. The most visible
sides of the building are from Timberline Rd., to the west, and Custer
Dr., to the north, the additional parking spaces are placed in the least
visible location on the site and a landscape buffer exists between
Timberline and the proposed parking.
3. The additional parking is buffered by landscaping to "minimizes the
visual and aesthetic impact on the surrounding neighborhood."
4. The additional parking "creates no physical impact on any facilities
serving alternative modes of transportation." This site still adequately
accommodates alternative modes of transportation, as it maintains
direct connection to a public sidewalk along Timberline Rd. and has
five (5) bicycle parking spaces on the site.
5. The additional parking "creates no detrimental impact on natural areas
or features."
6. The additional parking "maintains handicap parking ratios", and
7. The site is located in the NC zone district so the last criterion does not
apply.
Therefore, Staff recommends approval of the Alternative Compliance
Request allowing nine (9) additional parking stalls beyond the seventeen
(17) allowed by the LUC.
FINDINGS OF FACT/CONCLUSIONS
7
(9/30/2009) Angelina Sanchez -Sprague - r�haseBank @ Rig den _StaffReportdoc Page 61
Chase Bank at Rigden Farm, PDP, #26-09
September 28, 2009 Administrative Hearing
Page 6
occupying the building or land use, the number of expected customers
or clients, the availability of nearby on -street parking (if any), the
availability of shared parking with abutting, adjacent or surrounding
land uses (if any), the provision of purchased or leased parking spaces
in a municipal or private parking lot meeting the requirements of the
city, trip reduction programs (if any), or any other factors that may be
unique to the applicant's development request. The decision maker
shall not approve the alternative parking ratio plan unless it:
1. does not detract from continuity, connectivity and convenient
proximity for pedestrians between or among existing or future
uses in the vicinity,
2. minimizes the visual and aesthetic impact along the public
street by placing parking lots to the rear or along the side of
buildings, to the maximum extent feasible,
3. minimizes the visual and aesthetic impact on the surrounding
neighborhood,
4. creates no physical impact on any facilities serving alternative
modes of transportation,
5. creates no detrimental impact on natural areas or features,
6. maintains handicap parking ratios, and
7. for projects located in D, L-M-N, M-M-N and C-C zone districts,
conforms with the established street and alley block patterns,
and places parking lots across the side or to the rear of
buildings.
B. Applicants Justification (taken from the Applicant's Request):
Parking stalls comply with the City of Fort Collins land use code for size
and layout. In previous meetings with the City on parking counts it is
understood that the maximum allowance of 3.5 stalls per 1000 sf would
be 14 for this location with an additional 25% increase since the site does
not have off street parking for a total of 17 parking spaces. A request was
presented to the city for additional parking for this site based on the
number of employees that Chase will employ at the site. Per the (ULI)
Urban Land Use Institute a Bank with a Drive up with the square footage
of 4,195 calculates out to a requirement for 13 customers and 7
employees, at this location Chase will have 13 to 14 employees. The site
plan submittal requests 26 parking spaces, with two stalls close to the
front door designed as accessible parking stalls, an Alternate Compliance
per section 3.2.2.K3 request is requested with this PDP submittal, the
Landscape Plan shown provides additional landscape above the City
standard in order to meet the requirements. Also site plan setbacks have
been increased on the South, East and North sides of the site beyond the
City standards. Bicycle parking is proposed near the front door.
no
_(9/30/20Q9) Angelina Sanchez -Sprague - ^haseBank @ Rigden_StaffReport doc _v 'Rage_51
Chase Bank at Rigden Farm, PDP, #26-09
September 28, 2009 Administrative Hearing
Page 5
a. The proposal complies with Section 3.5.3(B)(1) in that it opens directly
onto a connecting walkway with the pedestrian frontage along
Timberline Dr.
b. The proposal meets the Exception Criteria for Section 3.5.3(13)(2)(b),
which is the "build -to" line requirement. This property is constrained by
landform to the north and west by a landscaped tract that abuts
Timberline Rd and Custer Dr.
The Project Development Plan does not comply with the following General
Development Standards:
A. Division 3.2, Site Planning and Design Standards
1. Section 3.2.1, Landscaping and Tree Protection
a. Section 3.2.1(D)(3) in that no one species of tree on the development
plan exceeds 33% of the total of 29 trees on -site. The plan as
submitted has one species accounting for 38% of total tree species.
Staff is recommending compliance with this Section be a
Condition of Approval.
ALTERNATIVE COMPLIANCE (taken from Section 3.2.2(K)(3) of the LUC)
A. Alternative Compliance. Upon written request by the applicant, the
decision maker may approve an alternative parking ratio that may be
substituted in whole or in part for a ratio meeting the standards of this
Section.
(a) Procedure. Alternative compliance parking ratio plans shall be
prepared and submitted in accordance with the submittal requirements
for plans as set forth in this Section. Each such plan shall clearly
identify and discuss the modifications and alternatives proposed and
the ways in which the plan will better accomplish the purpose of this
Section than would a plan which complies with the standards of this
Section. The request for alternative compliance must be accompanied
by either a traffic impact study containing a trip generation analysis or
by other relevant data describing the traffic impacts of any proposed
recreational or institutional land use or activity.
(b) Review Criteria. To approve an alternative plan, the decision maker
must first find that the proposed alternative plan accomplishes the
purposes of this Section equally well or better than would a plan which
complies with the standards of this Section. In reviewing the request
for an alternative parking ratio plan in order to determine whether it
accomplishes the purposes of this Section, as required above, the
decision maker shall take into account the number of employees
lei
(9 8W20W) Angelina Sanchez -Sprague - "haseBank @ R&en_StaffReport_doc
Chase Bank at Rigden Farm, PDP, #26-09
September 28, 2009 Administrative Hearing
Page 4
direct, safe, and continuous walkways and bicycle connections to
major pedestrian and bicycle destinations in the surrounding area.
c. The proposal complies with Section 3.2.2(D) in that it provides for safe,
convenient, and efficient bicycle, pedestrian, and vehicular movement
to and through the site. Vehicular access will occur via a shared
north/south access from Custer Dr into the Timberline Church parking
lot and an east/west access to Illinois Dr.
d. The proposal has submitted an alternative compliance request to
Section 3.2.2(K)(2)(a), which will be discussed in more detail in the
ALTERNATIVE COMPLIANCE Section of this report.
e. The proposal complies with Section 3.2.2(M)(1) in that it has
approximately 7% landscaped area interior to the parking lot,
exceeding the minimum requirement of 6%.
3. Section 3.2.4, Site Lighting
a. The proposal complies with Design Standards of this Section.
B. Division 3.3, Engineering Standards
1. Section 3.3.5, Engineering Design Standards
- a. The proposal complies with the design standards, requirements, and
specifications for the services as set forth in this section.
C. Division 3.5, Building Standards
1. Section 3.5.1, Building and Project Compatibility
a. The proposal complies with Section 3.5.1(D) in that it provides a
connecting walkway with a direct pedestrian connection to Timberline
Rd. without requiring pedestrians to walk through the parking area or
cross a driveway.
b. The proposal complies with Sections 3.5.1(B), (C) and (E). The
building will be a 1-story structure with both sloped and flat roofs on
portions of the building. The building will vary in height, with the
maximum height at the peak of one tower -like element being 28' high.
Building materials will be a combination of split face CMU, brick veneer
and Exterior Insulation Finish System (stucco). The roofing material
will be asphalt roof shingles and prefinished metal. The building's
architectural character, scale and mass, and materials will be
compatible with existing buildings in the surrounding area.
2. Section 3.5.3, Mixed Use, Institutional and Commercial Buildings
rd
(9/30/20Q9) Angelina Sanchez -Sprague - "haseBank @ Rigden_StaffReport_doc
Chase Bank at Rigden Farm, PDP, #26-09
September 28, 2009 Administrative Hearing
Page 3
into three (3) separate lots, which will be Rigden Farm 15th Filing. This PDP is
proposed on Lot 1 of Rigden Farm 15th Filing.
2. Division 4.23 of the LUC, Neighborhood Commercial Zone District
The proposed financial institution is permitted in the NC zone district subject to
an administrative (Type 1) review.
The PDP meets the applicable Development Standards as follows:
1. Section 4.23(E)(1)(a) Overall Plan. The applicant has demonstrated that
the development plan contributes to the existing development in the
surrounding area in terms of street and sidewalk layout, building siting and
character, and site design.
3. Article 3 of the LUC — General Development Standards
The Project Development Plan complies with all applicable General
Development Standards as follows:
A. Division 3.2, Site Planning and Design Standards
1. Section 3.2.1, Landscaping and Tree Protection
a. The proposal complies with Section 3.2.1(D)(1)(c) in that it provides
"full tree stocking" within 50' of the building, according the standards
as set forth in this section.
b. The proposal complies with Section 3.2.1(E)(4)(b) in that the on -site
parking areas, containing 26 spaces and a bank drive -through facility,
will be screened from the Timberline Church to the south and the
private drive to the west with shrub plantings and ornamental and
canopy shade trees.
c. The proposal complies with Section 3.2.1(E)(5) in that it provides
interior landscaping in the parking area that exceeds the minimum
requirement of 6% for a parking lot with less than 100 spaces.
2. Section 3.2.2, Access, Circulation and Parking
a. The proposal complies with Section 3.2.2(C)(4)(a) in that it provides
secure and conveniently located bicycle parking (5) in the amount of
19% of the total number of automobile parking spaces (26) on -site,
exceeding the minimum requirement of 5%.
b. The proposal complies with Section 3.2.2(C)(5) in that it provides
3
(9/30/2009) Angelina Sanchez -Sprague - "haseBank @ Rigden_StaffReportdoc _ _ _ _ — _Page 2
Chase Bank at Rigden Farm, PDP, #26-09
September 28, 2009 Administrative Hearing
Page 2
standards located in Division 3.2 - Site Planning and Design Standards,
Division 3.3 — Engineering Standards and Division 3.5 - Building Standards
of ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS with the exception
of:
A. Section 3.2.1(D)(3). Compliance with this Section is
recommended as a Condition of Approval; and
standards located in Division 4.23 Neighborhood Commercial (NC) of
ARTICLE 4 — DISTRICTS.
Financial services and other small commercial/retail uses are permitted in the NC —
Neighborhood Commercial Zoning District, subject to administrative (Type 1) review.
The NC District is:
Intended to be a mixed -use commercial core area anchored by a supermarket or
grocery store and a transit stop. The main purpose of this District is to meet
consumer demands for frequently needed goods and services, with an emphasis
on serving the surrounding residential neighborhoods typically including a
medium -density mixed -use neighborhood. In addition to retail and service uses,
the District may include neighborhood -oriented uses such as schools,
employment, day care, parks, small civic facilities, as well as residential uses.
This proposal complies with the purpose of the NC District as it is a financial institution
in close proximity to a neighborhood center and single family and multi -family
neighborhoods.
COMMENTS:
Background
The surrounding zoning and land uses are as follows:
N: NC; existing neighborhood center, King Scoopers, Fuel Station,
1st Bank, etc.
S: LMN; existing Timberline Church Campus
E: NC; existing Seven Oaks Academy and Little Acorns Preschool
W: RL; existing single family residences across Timberline Rd.
The property was annexed in November, 1997 as part of the Timberline
Annexation.
The property was originally platted in October 1999 as Tract A of Rigden Farm
1st Filing. Tract A of Rigden Farm 1st Filing is in the process of being replatted
oil
(9/30/200p) Angelina Sanchez -Sprague - rhaseBank @ Rigden_StaffReport doc _ _ _ _ _ _ — Page 1
PROJECT: Chase Bank at Rigden Farm, Project Development Plan - #26-09
APPLICANT: CLC Associates Inc.
8480 E Orchard Rd #2000
Greenwood Village, CO 80111
OWNER: J.P. Morgan Chase (Under Contract)
1125 17th St Floor 2
Denver, CO 80202
PROJECT DESCRIPTION:
This is a request for a Chase Bank branch to be located at lot 1 of Rigden Farm 151h
Filing. The property is located on the southeast corner of S Timberline Rd. and Custer
Dr. and is in the NC, Neighborhood Commercial zone district. The surrounding
properties are zoned NC to the north and east, LMN, Low Density Mixed -Use
Neighborhood, to the south and RL, Low Density Residential to the west. The
proposed use is permitted in the NC District, subject to administrative review (Land Use
Code, Section 4.23(13)(2)(c)9.).
RECOMMENDATION: Approval of the Alternative Compliance Request
Approval of the PDP, with one (1) condition
EXECUTIVE SUMMARY:
This PDP complies with the applicable requirements of the Land Use Code (LUC), more
specifically:
the process located in Division 2.2 - Common Development Review
Procedures for Development Applications of ARTICLE 2 -
ADMINISTRATION;
Chase Bank at Rigden Farms Project Development Plan, # 26-09
Administrative Hearing Findings, Conclusions, and Decision
September 28, 2009
Page 5 of 5
7. The site is located in the NC zone district so the last criterion does not
apply.
DECISION
The Chase Bank at Rigden Farms Project Development Plan, # 28-09 is hereby
approved by the Hearing Officer, subject to the following condition:
1. The applicant shall revise the plan at final plan review to comply with Section
3.2.1(D)(3) of the LUC.
Dated this 6th day of October, 2009, per authority granted by Sections 1.4.9(E) and 2.1
of the Land Use Code. 9
Steer ven I Dush, AICP
Community Development &
Neighborhood Services Director
Chase Bank at Rigden Farms Project Development Plan, # 26-09
Administrative Hearing Findings, Conclusions, and Decision
September 28, 2009
Page 4 of 5
SUMMARY OF CONCLUSIONS
After reviewing the Chase Bank at Rigden Farm, Project Development Plan, staff made,
and the hearing officer concurs with the following findings of fact and :
A. The proposed land uses are permitted in the NC — Neighborhood Commercial
zone district.
B. The Project Development Plan complies with all applicable district standards of
Division 4.23, the NC zone district, of the Land Use Code.
C. The Project Development Plan complies with all applicable General Development
Standards contained in Article 3 of the Land Use Code, with the exception of one
(1) standard:
• Section 3.2.1(D)(3), which Staff is recommending compliance with as a
Condition of Approval.
With respect to the Alternative Compliance Request to Section 3.2.2(K)(2) —
Nonresidential Parking Requirements:
• The hearing officer finds that the request for additional parking spaces
adequately meets the seven (7) criteria of this Section as follows:
1. The additional parking does not detract from the "continuity,
connectivity and convenient proximity for pedestrians between or
among existing or future uses in the vicinity." The pedestrian
connectivity is not changed due to the additional parking spaces.
2. The parking lot "minimizes the visual and aesthetic impact along public
streets" by its location on the south side of the site. The most visible
sides of the building are from Timberline Rd., to the west, and Custer
Dr., to the north, the additional parking spaces are placed in the least
visible location on the site and a landscape buffer exists between
Timberline and the proposed parking.
3. The additional parking is buffered by landscaping to "minimizes the
visual and aesthetic impact on the surrounding neighborhood."
4. The additional parking "creates no physical impact on any facilities
serving alternative modes of transportation." This site still adequately
accommodates altemative modes of transportation, as it maintains
direct connection to a public sidewalk along Timberline Rd. and has
five (5) bicycle parking spaces on the site.
5. The additional parking "creates no detrimental impact on natural areas
or features."
6. The additional parking "maintains handicap parking ratios", and
Chase Bank at Rigden Farms Project Development Plan, # 26-09
Administrative Hearing Findings, Conclusions, and Decision
September 28, 2009
Page 3 of 5
FACTS AND FINDINGS
1. Background:
The surrounding zoning and land uses are as follows:
N: NC; existing neighborhood center, King Scoopers, Fuel Station, 1st
Bank, etc.
S: LMN; existing Timberline Church Campus
E: NC; existing Seven Oaks Academy and Little Acorns Preschool
W: RL; existing single family residences across Timberline Rd.
The property was annexed in November, 1997 as part of the Timberline Annexation.
The property was originally platted in October 1999 as Tract A of Rigden Farm 1 st Filing.
Tract A of Rigden Farm 1 st Filing is in the process of being replatted into three (3)
separate lots, which will be Rigden Farm 15th Filing. This PDP is proposed on Lot 1 of
Rigden Farm 15th Filing.
2. Compliance with Article 4 and Division 4.23 NC, Neighborhood Commercial
District:
The Project Development Plan complies with all applicable requirements of Article 4 and
Division 4.23 NC, Neighborhood Commercial zone district. The Staff Report
summarizes the PDP's compliance with these standards. In particular, the proposed
"financial service" use is permitted in the zone district. The project is also in compliance
with the Development Standards relating to: Building Height, calling for all buildings be a
minimum height of 20'.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards:
The Staff Report summarizes the PDP's compliance with the applicable site planning
and design, access, circulation, parking, engineering, building design, and
transportation standards. There was no evidence submitted at the public hearing to
contradict the statements and conclusion of the Staff Report concerning compliance or
to otherwise refute compliance with the Article 3 Standards.
4. Public Testimony:
No neighboring property owners were in attendance.
There was no public comment at the hearing.
Chase Bank at Rigden Farms Project Development Plan, # 26-09
Administrative Hearing Findings, Conclusions, and Decision
September 28, 2009
Page 2 of 5
STAFF RECOMMENDATION: Approval of the Alternative Compliance Request
Approval of the PDP, with one (1) condition
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 (LUC),
opened the hearing at approximately 6:00 p.m. on September 28, 2009 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:
Emma McArdle, City Planner
From the Applicant:
Scott Maier, 1616 Wynkoop Street, Ste 120, Denver
Kris Saline, 8480 E. Orchard, # 2000, Greenwood Village
Don Tiller, 1201 Chickadee, Fort Collins
Heather Beattie, 1125 17th Street, Denver
Steve Steinbicker, 4710 S. College Avenue, Fort Collins
From the Public:
None
Written Comments:
None
Chase Bank at Rigden Farms Project Development Plan, # 26-09
Administrative Hearing Findings, Conclusions, and Decision
September 28, 2009
Page 1 of 5
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:
September 28, 2009
Chase Bank at Rigden Farms Project
Development Plan
#28-09
CLC Associates, Inc.
8480 E. Orchard Road, # 2000
Greenwood Village, CO 80111
J. P. Morgan Chase (Under Contract)
1125 17th Street, Floor 2
Denver, CO 80202
Steven J. Dush, AICP
Community Development &
Neighborhood Services Director
This is a request for a Chase Bank branch to be located at lot 1 of Rigden Farm 15th
Filing. The property is located on the southeast corner of S Timberline Rd. and Custer
Dr. and is in the NC, Neighborhood Commercial zone district. The surrounding
properties are zoned NC to the north and east, LMN, Low Density Mixed -Use
Neighborhood, to the south and RL, Low Density Residential to the west. The proposed
use is permitted in the NC District, subject to administrative review (Land Use Code,
Section 4.23(13)(2)(c)9.).
SUMMARY OF HEARING OFFICER DECISION: Conditional Approval
ZONING DISTRICT: Neighborhood Commercial (NC) zone district
City of
Fort Collins
October 6, 2009
Planning, Development & Transportation
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 Chase Bank at Rigden Farms PDP Project, # 28-09, Public
Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing
Findings, Conclusions and Decision for the Chase Bank at Rigden Farms PDP
Project, # 28-09.
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 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on October 20, 2009. 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 221-6765.
:Sincerely,
Ste a J. Dush, AICP
Director of Community Development &
Neighborhood Services