HomeMy WebLinkAboutROCKY MOUNTAIN ARCHERY - PDP - 21-09A - DECISION - MINUTES/NOTESAdministrative Public Hearing Sign -in
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PLEASE PRINT CLEARLY
Rocky Mountain Archery — 4518 Innovation Drive — Project Development Plan #21-09A
Administrative Hearing Findings, Conclusions, and Decision
August 24, 2009
Page 6 of 6
SUMMARY OF CONCLUSIONS
A. The Planning and Zoning Board granted an Addition of a Permitted Use to
allow Unlimited Indoor Recreation on this parcel in the Harmony Corridor
district.
B. The P.D.P. is in substantial compliance with the site plan, landscape plan
and architectural character as depicted at the time of the granting of the
Addition of a Permitted Use.
C. The P.D.P. complies with the applicable standards of the Harmony
Corridor district and the General Development Standards with one
exception.
D. A Modification to Section 3.5.3(B)(2)(b) has been requested to allow the
building to be placed 50 feet from the front property line along Innovation
Drive versus 15 feet.
E. The Hearing Officer finds that the Modification complies with the criteria of
Section 2.8.2(H) (1) in that the P.D.P. is not detrimental to the public good
and that the plan will promote the general purpose of the standard equally
well or better than would a plan that complies with the standard because
the plan preserves the existing contextual setback and character of the
area.
DECISION
The Rocky Mountain Archery - 4518 Innovation Drive - Project Development Plan
# 21-09A is hereby approved by the Hearing Officer without condition.
Dated this 24th day of August, 2009, per authority ranted by Sections
1.4.9(E) and 2.1 of the Land Use Code. /7
I
Steven J. Dush, AICP
Current Planning Director
Rocky Mountain Archery — 4518 Innovation Drive — Project Development Plan #21-09A
Administrative Hearing Findings, Conclusions, and Decision
August 24, 2009
Page 5 of 6
D. The staff report identifies the existing context of buildings that
have a building setback line more similar to the requested 50
foot setback and by requiring the building to be constructed at
the build -to -line, the block rhythm would be interrupted and
would make the development pattern look awkward and based
upon the context, adherence to the standard does not forward
the public good. Therefore, in accordance with the findings
pursuant to Section 2.8.2(H) (1), the Hearing officer finds that
the granting of the modification would not be detrimental to the
public good.
6. Public Comment Summary
There was not any public comment regarding opposition, only support for
the application.
Rocky Mountain Archery — 4518 Innovation Drive — Project Development Plan #21-09A
Administrative Hearing Findings, Conclusions, and Decision
August 24, 2009
Page 4 of 6
3. Harmony Corridor Sub -Area Plan and Zone District:
The site is located within the Harmony Corridor and within the sub -area
known as the Basic Industrial Non -retail Employment Activity Center
(BINREAC). The land use, Unlimited Indoor Recreation, has been
determined by the Planning and Zoning Board to be a permitted use,
subject to Administrative Review, that will contribute to the mix of land
uses envisioned for this area of the Harmony Corridor.
4. Compliance with Applicable General Development Standards:
There are no components of the proposed PDP causing the development
to fail to comply with the General Development Standards with the
exception of Section 3.5.3(B)(2)(b) — Relationship of Buildings to
Streets, Walkways and Parking. The evaluation of this standard is
outlined in section 5 of this report.
5. Modification of Standard — Section 3.5.3(13)(20) — Relationship
of Buildings to Streets, Walkways and Parking:
A. The Standard at Issue
(2) Orientation to Build -to Lines for Streetfront Buildings. Build -
to lines based on a consistent relationship of buildings to the
.street sidewalk shall be established by development projects for
new buildings and, to the extent reasonably feasible, by
development projects for additions or modifications of existing
buildings, in order to form visually continuous, pedestrian -
oriented streetfronts with no vehicle use area between building
faces and the street.
(b) Buildings shall be located no more than fifteen (15) feet
from the right-of-way of an adjoining street if the street is
smaller than a full arterial or has on -street parking.
B. Description of the Modification
The building is setback from the front property line along
Innovation Drive (which allows on -street parking) by 50 feet
instead of being placed at the build -to line of 15 feet.
C. Summary of the Hearing Officer's Evaluation of this Modification
Request
Rocky Mountain Archery — 4518 Innovation Drive — Project Development Plan #21-09A
Administrative Hearing Findings, Conclusions, and Decision
August 24, 2009
Page 3 of 6
Hillary King, 37126 Soaring Eagle, Windsor, CO 80550
Derrick King, 2237 Wakefield Dr., Fort Collins, CO 80526
Barb & Matt Clayton, 1001 Fossil Creek Parkway, Fort Collins, CO 80525
Written Comments: None
FACTS AND FINDINGS
The surrounding zoning and land uses are as follows
1. Background:
The surrounding zoning and land uses are as follows
N: H-C;
Wholesale Distribution (Farmer Brothers Coffee)
S: H-C;
Wholesale Distribution (Colotex Electric)
E: H-C;
Union Pacific Railroad and Electrical Substation
W: H-C;
Wholesale Distribution (Grainger Industrial Supply)
2. Zoning History:
• The property was annexed in 1977 and zoned I-P, Industrial
Park.
The property is Lot 10 of the Golden Meadows Business
Park approved in August of 1978.
• Prior to the adoption of City Plan and the Land Use Code in
1997, the property was zoned I-P, Industrial Park.
• In 1997, with the adoption of the Land Use Code, the
property was placed into the new H-C, Harmony Corridor
District.
• On June 18, 2009, the Planning and Zoning Board granted
an Addition of a Permitted Use to allow Unlimited Indoor
Recreation for this parcel, subject to Administrative Review.
Rocky Mountain Archery — 4518 Innovation Drive — Project Development Plan #21-09A
Administrative Hearing Findings, Conclusions, and Decision
August 24, 2009
Page 2 of 6
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: H-C, Harmony Corridor District
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 5:00 p.m. on August 17, 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:
Ted Shepard, Chief Planner
From the Applicant:
Stewart King
Tricia Kroetch, Northstar Design
From the Public:
Dan Bernth, 338C Pitkin Street, Fort Collins, CO 80524
Rocky Mountain Archery — 4518 Innovation Drive — Project Development Plan #21-09A
Administrative Hearing Findings, Conclusions, and Decision
August 24, 2009
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:
August 17, 2009
Rocky Mountain Archery
4518 Innovation Drive
Project Development Plan
21-09A
Kodiak Construction
c/o Mr. Stewart King
37126 Soaring Eagle Circle
Windsor, CO 80550
Brinkman Properties
3003 E. Harmony Road, Suite
300
Fort Collins, CO 80528
Steve Dush
Current Planning Director
This is a request to develop the vacant property at 4518 Innovation Drive in the
Harmony Corridor zone district. Specifically, the proposed use is an indoor
archery range. As proposed, the request is for an 11,727 square foot building
containing an indoor archery range and pro shop. The maximum height of the
building would be 28.25 feet. The site is 27,600 square feet in size located on
Lot 10 of the Golden Meadows Business Park. The request includes a
Modification to Section 3.5.3(B) (2) (b) of the Land Use Code. This standard
requires that the front of the building be located no more than 15 feet behind the
front property line along Innovation Drive. The applicant is requesting that the
building be placed 50 feet from the front property line.
arof
t Collins
August 24, 2009
Planning, Development and
Transportation Services
Current Planning
281 N. College Ave.
PO Box 580
Fort Collins, CO 80522-0580
970.221.6750
970.224.6134 - fax
fcgov. com/currentplanning
Attendee of the Rocky Mountain Archery (4518 Innovation Drive) Project
Development Plan Public Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing
Findings, Conclusions and Decision for the Rocky Mountain Archery (4518
Innovation Drive) Project Development Plan, # 21-09A.
This final decision of approval may be appealed to the City Council in
accordance with Section 2-48 of the Code of the City of Fort Collins which is
generally outlined below.
The appellant must submit written notice of appeal, reasons for the appeal, and a
filing fee of $100 to the City Clerk's Office within 14 days of the date of final
action by the Hearing Officer. The City Clerk will place the item on the Council
agenda for hearing as expeditiously as possible.
Written notice of an appeal from a final decision of the Hearing Officer to the City
Council is given by the City Clerk to the appellant, the applicant and to all other
parties -in -interest 14 days prior to the date set for the hearing.
An appeal of the Hearing Officer's final decision is based on the minutes of the
proceedings at the Administrative Hearing and any other materials received by
the Hearing Officer. New evidence will not be considered on an appeal. The
City Council may uphold, overturn, or modify the decision of the Hearing Officer.
If you have specific questions about the appeal process, please contact me at
221-6765.
:eevenJ.
Dush, AICP
Director of Current Planning