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132 W. Willox Ln. PDP
Administrative Hearing
Findings, Conclusions, and Decision
November 20, 2006
Page 4 of 4
College area. The comments were noted by City staff as part of the public
record. However, since these comments fall outside the review criteria
applicable to the development, the Hearing Officer is not authorized to require
the Applicant to participate in the City's efforts to address the inoperable vehicle
issue.
SUMMARY OF CONCLUSIONS
A. The 132 West Willox Lane Project Development Plan is subject to administrative
review and the requirements of the Land Use Code (LUC).
B. The 132 West Willox Lane Project Development Plan satisfies the development
standards of the CN zoning district.
C. The132 West Willox Lane Project Development Plan complies with all applicable
General Development Standards contained in Article 3 of the Land Use Code.
DECISION
The 132 West Willox Lane Project Development Plan # 19-06, is hereby approved by
the Hearing Officer without condition.
Dated this 22nd day of November 2006, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Cameron Glo
Current Pla ing Director
132 W. Willox Ln. PDP
Administrative Hearing
Findings, Conclusions, and Decision
November 20, 2006
Page 3 of 4
FACTS AND FINDINGS
The surrounding zoning and land uses are as follows:
N: C-N; Existing multi -tenant commercial/industrial uses
S: CA Existing drive -through restaurant with convenience store and fuel facility
E: C-N; Existing convenience store and fuel facility
W: C-N; Existing multi -tenant commercial/industrial uses
The original building was damaged in the blizzard of March 2003 to the point
where it was condemned by the chief building official of the City of Fort Collins.
Since more than six months have elapsed since the blizzard, the request to re-
build is required to be processed as a new Project Development Plan (P.D.P.)
subject to Administrative (Type One) review.
1. Compliance with Article 4 and the CN Zone District Standards:
The Project Development Plan complies with all applicable requirements of
Article 4 and the CN Zone District, including the proposed warehouse use. The
Staff Report summarizes the PDP's compliance with these specific standards
and no specific evidence was presented to contradict the statements and
conclusion of the staff report concerning compliance with Article 4 or the CN
District Standards.
2. Compliance with Article 3 of the Land Use Code — General Development
Standards
The Project Development Plan complies with all applicable requirements of
Article 3 including all landscaping, parking, and building height standards. No
evidence was presented to contradict the statements and conclusion of the staff
report concerning compliance or to other refute the compliance with Article 3.
At the hearing, a neighboring property owner raised questions regarding the lack
of public street infrastructure near the site as well as the provision of parking and
storage within the Development. As part the development plan, the Applicant is
required to pave Willox Lane in a manner meeting the Larimer County Urban
Area Street Standards. In addition, the applicant will prohibit outdoor storage of
materials and equipment and provide a paved, 15-space parking area on -site.
Public comment was also received about the perceived lack of enforcement of
City standards related to the storage of inoperable vehicles within the North
132 W. Willox Ln. PDP
Administrative Hearing
Findings, Conclusions, and Decision
November 20, 2006
Page 2 of 4
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 November 20, 2006 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:
Don Brookshire
Jay Davis, DMW Engineers
Pierre DeMiles
From the Public:
Ed Shipley, 218 W. Willox Ln.
Written Comments:
None
City of Fort Collins
Commu_ .y Planning and Environmental, . vices
Current Planning
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
November 20, 2006
132 West Willox Lane P.D.P
# 19-06
Willox Court L.L.C.
c/o East Point Studio
552 Kinnikinnik
Severance, CO 80546
Willox Court, L.L.C.
255 East Monroe Drive
Fort Collins, CO 80525
Cameron Gloss
Current Planning Director
This is a request reconstruct a building that was damaged in the blizzard of March 2003.
The new building would be same size as the previous, 12,000 square feet, and
constructed upon the same foundation. As with the previous building, the new structure
would be mostly steel. The site is .84 acre in size and located at the northeast corner of
Willox Lane and Willox Court
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: CN, Commercial —North College
STAFF RECOMMENDATION: Approval
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020