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Home My WebLink About215 N. COLLEGE AVENUE - PDP - 4-07 - DECISION - MINUTES/NOTESAdministrative Public Hearing Sign -In Project: 7j6 NJ. QP11f4e 1DP Meeting Location: 2RI nl. CaIIP4Q-e4dFOULI 900WI Date: 5/1r_o /a7 PLEASE PRINT CLEARLY 'Name Address 700 �ctt WI �0 Phone Email I � 70 L15 -6P tl 4YIC�;�Dkl",,�de-st!wac. C�sti� /OJ ' K� � /5/ /� oc� A/� %LSy BIZS' G6C•d - aY��tt �Pc 5- -�udr i , Czw 215 N. College Ave PDP Administrative Hearing Findings, Conclusions, and Decision May 16, 2007 Page 5 of 5 B. The 215 N. College Project Development Plan complies with all applicable district standards of Section 4.16 of the Land Use Code, (D) Downtown District, Civic Center Sub -district. C. The 215 N. College Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The 215 N. College Project Development Plan #4-07, is hereby approved by the Hearing Officer without condition. _ Dated this 17th day of May 2007, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. r (�,G`ameron Gloss Current Planning Director R 215 N. College Ave PDP Administrative Hearing Findings, Conclusions, and Decision May 16, 2007 Page 4 of 5 Further, on -site parking has been appropriately sited behind the building and at the rear of the lot and outdoor seating provided along the street. The outdoor seating area has been designed to enhance the streetscape and provide width necessary for safe pedestrian movements. 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 and project compatibility, building design, and transportation standards, including those standards specific to mixed -use buildings. There was no evidence submitted at the hearing to contradict the statements and conclusion of the Staff Report concerning compliance or to otherwise refute compliance with the Article 3 Standards. Testimony was offered at the hearing by neighboring landowners concerning the anticipated or feared impacts of the proposed development and its design upon the adjacent building and to parking availability within the downtown. These impacts included water service, structural building impacts, roof overhang encroachments, and adequate provision of on -street parking, particularly with respect to disabled spaces. Based on the staff and applicant response to questions posed by the public, the Hearing Officer is convinced that the applicant has taken issues relative to the impact to the adjacent building into account when designing the development, and no evidence was provided that would indicate that potential design impacts to the adjacent building footing, water service or air space encroachments, will arise as a result of the development. Further, the issue of disabled parking availability, while potentially valid in other parts of the downtown, appears to be appropriately provided within the block including the subject property. The Hearing Officer acknowledges and appreciates that the adjacent property owners have provided careful thought in the framing of their concerns; however, the weight of evidence presented by the Applicant and corroborated by the City staff, supports a finding of compliance with the applicable standards. SUMMARY OF CONCLUSIONS A. The 215 N. College Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). 4 215 N. College Ave PDP Administrative Hearing Findings, Conclusions, and Decision May 16, 2007 Page 3 of 5 Wendy Clark, 1020 Montview Rd. Written Comments: None FACTS AND FINDINGS 1. Background The surrounding zoning and land uses are as follows: N: D—Downtown, Civic Center Subdistrict (Existing commercial and mixed -use buildings); E: D—Downtown, Old City Center Subdistrict (Existing commercial and mixed -use buildings) with RDR—River Downtown Redevelopment District) beyond; S: D—Downtown, Civic Center Subdistrict (Existing commercial buildings) with D—Downtown, Old City Center Subdistrict (Existing commercial and mixed -use buildings) beyond; W: D—Downtown, Civic Center Subdistrict (Existing civic and commercial buildings) The property contains an auto repair business. The building has no historical significance. No neighborhood meeting was required for this project and none was held. 2. Compliance with Article 4 and the D— Downtown District, Civic Center Sub- district Standards: The Project Development Plan generally complies with all applicable requirements of Article 4 and the Civic Center Sub -district standards of the D zone district. The Staff Report summarizes the PDP's compliance with these standards. In particular, the proposed mixed use dwelling units are permitted within the zone district and there is no prescribed minimum or maximum density. The Project is also in conformance with land use standards relating to building height, calling for buildings to be six stories, and 85 feet, or less. Illustrative building elevations submitted as part of this request to address applicable Building and Design standards found in Section 4.16 (D) show how the fagade, materials, and character match that required within the district. N 215 N. College Ave PDP Administrative Hearing Findings, Conclusions, and Decision May 16, 2007 Page 2 of 5 it with a three-story mixed use building, with 8,000 square feet of retail/commercial uses on the first two floors and four multi -family units on the third floor. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: D— Downtown, Civic Center Sub -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 4:30 p.m. on March 16, 2007 in Conference Room A, 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) a tape recording of public 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: Shelby Sommer, Associate Planner From the Applicant: Carr Bieker, The Architects' Studio Patricia Kroetch, North Star Design From the Public: C. & Sylvia Willkins, 101 S. College Ave. 2 City of Fort Collins Commun. , Planning and Environmental S, ices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: OWNERS: HEARING OFFICER: PROJECT DESCRIPTION: May 16, 2007 215 North College Avenue Project Development Plan #4-07 Daniel Bernth Doberstein, Lemburg Commercial, Inc. 338 C E. Pitkin Street Fort Collins, CO 80524 Thomas Francis Fox Ridge at Severance, LLC 1531 Riverside Avenue Fort Collins, CO 80524 And Daniel Bernth 215 North College Avenue, LLC 338 C E. Pitkin Street Fort Collins, CO 80524 Cameron Gloss Current Planning Director The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP") demolishing the existing building at 215 N. College and replacing 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Commun. Planning and Environmental S( ces Current Planning City of Fort Collins May 31, 2007 C and S Wilkins 101 S. College Avenue Fort Collins, CO 80521 Dear Mr and Mrs Wilkins, Enclosed is a copy of the Type I Administrative Hearing Findings, Conclusions, and Decision for the 215 North College Avenue Project Development Plan that approves the project. 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. 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. Information regarding the grounds for appeal is available on the City Clerk's page of the City's website at http://fcpov.com/cityclerk/appeals/php If appealed, 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 all other parties -in - interest 10 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 may 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 221-6750 Sincerely, e Aspen City Planner 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-675U • FAA (WO) 41b-ZUZU