Loading...
HomeMy WebLinkAboutTESTA BEAUTY SALON, 1635 S. LEMAY AVE. - PDP - 12-07 - DECISION - MINUTES/NOTES0 201-1 L-) LIZZ 1 S8.e 24x,6 be e/g r i Testa Beauty Salon (1635 S. Lemay Avenue) PDP Administrative Hearing Findings, Conclusions, and Decision July 16, 2007 Page 4 of 4 SUMMARY OF CONCLUSIONS A. The Testa Beauty Salon (1635 South Lemay Avenue) Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Testa Beauty Salon (1635 South Lemay Avenue) Project Development Plan satisfies the development standards of the NC zoning district. C. The Testa Beauty Salon (1635 South Lemay Avenue) Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except for standards found in Section 3.2.2 (K)(2)(a) where a modification has been previously granted and Section 3.2.1 (E)(5) where alternative compliance has been approved by the Hearing Officer. D. The alternative Landscape Plan: 1. Accomplishes the purposes of the standard equally well than a compliant plan since the parking areas are essentially two separate smaller parking areas that are not required to include interior parking lot landscaping; 2. There is no negative impact to neighborhood continuity, connectivity and - vehicular access, and the landscaped vegetative buffer from the adjacent Spring Creek channel limits the ability to enlarge the parking areas to include internal landscaping. DECISION The Testa Beauty Salon (1635 South Lemay Avenue) Project Development Plan, #12- 07, is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall amend the landscape plan for the planting strip in between the parking area and Lemay Avenue with plant materials of a type, size and configuration to achieve opacity in its winter seasonal condition within three years of parking area construction. Dated this 16th day of July 2007, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss Planning & Zoning Director Testa Beauty Salon (1635 S. Lemay Avenue) PDP Administrative Hearing Findings, Conclusions, and Decision July 16, 2007 Page 3 of 4 This property was annexed in July 1967 as part of the Second Spring Creek Annexation. The property was subdivided as part of the East Acres Subdivision in 1930. A modification to exceed the maximum parking standard of Section 3.2.2 (K)(2)(a) that limits Personal and Business Service Shops to 4 parking spaces per 1,000 square feet of floor area was granted on March 22, 2007. 2. Compliance with Article 4 and the NC Zone District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the NC zone district. The Staff Report summarizes the PDP's compliance with these standards. In particular, the proposed beauty salon which is classified as "personal service" is permitted within the NC zone district subject to an administrative review. See Section 4.23(2) (c) of the LUC. The building is also in conformance with Section 4.23(E), site planning standards relating to building height, calling for buildings to be at least 20 feet in height, but no greater than five stories. There was no evidence introduced at the hearing to contradict the Staff Report; therefore, the Hearing Officer finds that the PDP is in conformance with the applicable requirements found in Article 4 of the Land Use Code. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Staff Report summarizes the PDP's compliance with the design standards of Article 3 of the LUC except for Section 3.2.2 (K)(2)(a), the maximum number of off-street parking spaces, where a modification has been previously granted, and to Section 3.2.1 (E)(5), landscaping internal to a parking lot, where alternative compliance is being granted under this Decision. The Hearing Officer finds that the alternative plan supports purposes of the standard equally well than a compliant plan since the parking areas are essentially two separate smaller parking areas that are not required to include interior parking lot landscaping. Further, the Spring Creek buffer area encumbering the south portion of the site limits the ability to physically accommodate larger parking lots with compliant landscaping. 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 all remaining standards of Article 3. Testa Beauty Salon (1635 S. Lemay Avenue) PDP Administrative Hearing Findings, Conclusions, and Decision July 16, 2007 Page 2 of 4 PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 3:06 p.m. on July 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 the public 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, City Planner From the Applicant: John Testa From the Public: None Written Comments: None FACTS AND FINDINGS 1. Site Context/Background Information N: NC- existing single-family residential E: NC- existing shopping center, residential, Spring Creek S: MMN- existing residential & commercial (chiropractic center) W: LMN- Spring Creek & residential 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: July 16, 2007 Testa Beauty Salon (1635 South Lemay Avenue) Project Development Plan #12-07 John Testa 4221 Cobb Lake Drive Fort Collins, CO 80524 Dona Hahn 1142 Spanish Oak Court Fort Collins, CO 80525 Cameron Gloss Current Planning Director The Applicant has submitted a request to convert a single family detached house to a personal service shop (beauty salon) on a 0.38 acre property located on the west side of South Lemay Avenue, between East Prospect Road and Spring Creek. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: NC — Neighborhood 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.