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HomeMy WebLinkAboutMIDTOWN ARTS CENTER (3750 S. MASON ST.), CHANGE OF USE - PDP - 1-10/A - DECISION - MINUTES/NOTESProjec Meetii Date: Administrative Public Hearing Sign -In PLEASE PRINT CLEARLY Name Address Phone Email 1/J Ile-5 fOfik-f%/L�S1Y aid 70 Z� 2 -GAS �v/s Q� v!*iur! Sv�Y. �a Jlln e� 040016P f& M 48q -0 11 r f rr Z - r�aeelrl nefi-e.CC 04' ` A` 2v C i ,J Gnus. ?a- - 3/ �150 , 4DHAAOF, FP-or--Q � NOSo X-/V nt z n= r-1 l9 - 31T lWOVITA/N AO U"rr OD -Ol rS�tori�id :�a.c// ac}S ow► logZ✓ /4if !yt 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