HomeMy WebLinkAboutMIDTOWN ARTS CENTER (3750 S. MASON ST.), CHANGE OF USE - PDP - 1-10/A - DECISION - MINUTES/NOTESProjec
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Midtown Arts Center
Administrative Hearing Findings, Conclusions, and Decision
February 16, 2010
Page 5 of 5
compliance would outweigh the potential benefits to the public and
would unreasonably burden the proposed project. Staff has
determined that there are no adverse impacts as a result of
noncompliance with several standards in this division of the LUC.
SUMMARY OF CONCLUSIONS
1. Small Scale Reception Centers are permitted in the C, Commercial
District, subject to an Administrative review.
2. The Project Development Plan complies with the applicable district
standards of Section 4.21(D) Commercial District.
3. The Project Development Plan complies with applicable General
Development Standards contained in Article 3 of the Land Use Code.
DECISION
The Midtown Arts Center, Change -of -Use — Project Development Plan, # 1-10 is
hereby approved by the Hearing Officer without condition.
Dated this 16th day of February 2010 per -authority granted by Sections 1.4.9(E)
and 2.1 of the Land Use Code.
Ted Shepard, AIC
Chief Planner
I
Midtown Arts Center
Administrative Hearing Findings, Conclusions, and Decision
February 16, 2010
Page 4 of 5
The Project Development Plan complies with applicable General Development
Standards as follows:
A. Division 3.2, Site Planning and Design Standards
1. Landscaping and Tree Protection [3.2.1 ]
a. Street Trees [3.2.1(D) (2)]
b. Minimum Species Diversity [3.2.1(D)(3)]
c. Parking Lot Perimeter Landscaping [3.2.1(E)(4)]
d. Parking Lot Interior Landscaping [3.2.1(E) (5)]
2. Access, Circulation and Parking [3.2.2]
a. Safety Considerations [3.2.2(C) (1)]
b. Direct On -Site Access and Off -Site Access to Pedestrian
and Bicycle Destinations [3.2.2(C) (6)]
c. Transportation Impact Study [3.2.2(C)(8)]
d. PedestrianNehicle Separation [3.2.2(D)(1)]
e. Parking Lots: Required Number of Spaces for Type of Use
[3.2.2(K)(2)]
f. Handicap Parking [3.2.2(K) (5)]
B. Division 3.6, Transportation and Circulation
1. Master Street Plan [3.6.1]
C. Division 3.10, Development Standards for the Transit -Oriented
Development (TOD) Overlay Zone
1. Several sections in Division 3.10 are not being met to the absolute
extent possible. However, due to the existing developed conditions
on the properties (Lots 5A & 6 of the Creger Plaza Second Replat),
Staff has determined that the development proposal, with
improvements as shown on the Site & Landscape Plans, satisfies
the intent of the LUC to the extent reasonably feasible. Based on
the existing and proposed physical conditions, the costs of
Midtown Arts Center
Administrative Hearing Findings, Conclusions, and Decision
February 16, 2010
Page 3 of 5
to the previous four-plex movie theater on the property. Only a Minor
Amendment review would be necessary to re -occupy the building if the
development proposal did not contain a Small Scale Reception Center use.
Small Scale Reception Centers are permitted in the C, Commercial
District, subject to an Administrative review.
The Midtown Arts Center, Change -of -Use - PDP is proposed to be on a
developed property that is included in the Transit -Oriented Development
(TOD) Overlay Zone.
The Midtown Arts Center, Change -of -Use - PDP complies with applicable
General Development Standards of Article 3.
' The Midtown Arts Center, Change -of -Use - PDP complies with applicable
land use and development standards of the Division 4.21 C, Commercial
District.
COMMENTS:
1. Background
The surrounding zoning and land uses are as follows:
E: C;
Existing commercial
S: C;
Existing commercial
W: C;
Existing commercial
N: C;
Existing commercial (Fort Collins Marketplace)
The subject property was part of the Horsetooth Annexation in August of
1972. The subject property was first subdivided as Lots 5 & 6 of the
Creger Plaza Subdivision plat in October, 1978. The subject property was
Lots 5A & 6 of the Creger Plaza Second Replat approved by the Planning
& Zoning Board in February, 1982.
The 18,620 square foot movie theater was built as a "use -by -right on Lot
5A in 1982 as the Mann 4 Theaters.
3. Division 4.21 of the LUC, Commercial District (C)
The proposed Small Scale Reception Center, is permitted in the C, Commercial
District subject to an Administrative review. The P.D.P complies with applicable
district standards of Division 4.21 - Commercial District.
4. Article 3 of the Land Use Code - General Development Standards
Midtown Arts Center
Administrative Hearing Findings, Conclusions, and Decision
February 16, 2010
Page 2 of 5
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: C, Commercial
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 February 8, 2010 in
Conference Rooms A&B, 281 N. 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; and (3) an audio 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
From the Applicant: Kurt Terrio, Randy Shortridge, Ken Field, Deanne
Frederickson, Robert Hau, Travis Ackerman, Jim Palmer
From the Public: Matthew Hoeven
Written Comments: None
The Small Scale Reception Center is the only proposed use in the Midtown Arts
Center facility that necessitates this change -of -use request. The dinner theater,
presentation theater, and black box theater portions of the facility are defined as
Entertainment Facilities and Theaters by the Land Use Code (LUC), being similar
Midtown Arts Center
Administrative Hearing Findings, Conclusions, and Decision
February 16, 2010
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:
OWNER:
APPLICANT:
HEARING OFFICER:
February 8, 2010
Midtown Arts Center, Change -of -Use
Project Development Plan (PDP)
#1-10
Lithia Real Estate, Inc.
360 East Jackson Street
Medford, OR. 97501
RB&B Architects, Inc.
c/o Randy Shortridge
315 East Mountain Ave., Ste. 100
Fort Collins, CO. 80524
Kurt & Kate Terrio
3509 South Mason Street
Fort Collins, CO 80526
Ted Shepard
Chief Planner
PROJECT DESCRIPTION: This request is for a change -of -use from a vacant
movie theater to Entertainment Facility and Theater and Small Scale Reception
Center. The latter use necessitates the request for a change -of -use because a
Small Scale Reception Center was not a part of the previous use of the building.
There will be minor upgrades to the parking lots and interior modifications to the
building. The property is at the southeast corner of South Mason Street and
Creger Drive, 3750 South Mason Street. The property is in the C, Commercial
District.
Planning, Development & Transportation Services
of
,,F,�`ort�'
February 16, 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
fcgov.com
Attendee of the Midtown Arts Center Change -of -Use Project Development Plan, # 1-10,
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 Attendee of the Midtown Arts
Center Change -of -Use Project Development Plan, # 1-10.
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 February 16, 2010 by the Hearing Officer. The
deadline,to file an appeal is 5:00 p.m. on Tuesday, March 2, 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,
l
Ted Shepard
Chief City Planner