The URL can be used to link to this page

Home My WebLink About410 LINDEN - PDP - 45-05 - DECISION - MINUTES/NOTES410 Linden, PDP (#45-05) Administrative Hearing Findings, Conclusions, and Decision April 28, 2005 Page 5 of 4 by the Downtown River District Improvement Project which is coordinating the overall streetscape design in this area. Massing and Placement [4.13(D) (3) (c) (2)] - Parking lots -The owner of this project also owns the neighboring El Burrito Restaurant which has excess parking. He intends for ice cream shop patrons to use the El Burrito parking. Character and Image [4.13(D) (3) (d) (2)] -Outdoor spaces — The owner intends to add a patio to the front of the building which will extend out to meet the future street improvements. The patio will be designed once the ultimate streetscape is designed and constructed by the City. The owner is aware that this addition will need to be taken through the City's minor amendment process. SUMMARY OF CONCLUSIONS The 410 Linden, Project Development Plan complies with the applicable requirements of the Land Use Code (LUC), more specifically: A. The process located in Division 2.2 - Common Development Review Procedures for Development Applications of ARTICLE 2 - ADMINISTRATION; B. The standards located in Division 3.2 - Site Planning and Design Standards, Division 3.3 — Engineering Standards, and Division 3.5 - Building Standards of ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS; and E. The proposed ice cream shop is permitted in Division 4.13 River Downtown Redevelopment District (RDR) of ARTICLE 4 — DISTRICTS, subject to an administrative review. DECISION The 410 Linden, Project Development Plan, #45-05, is hereby approved by the Hearing Officer without condition. Dated this 28th day of April, 2006, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. rT Pet Wray Senior City Planner 410 Linden, PDP (#45-05) Administrative Hearing Findings, Conclusions, and Decision April 28, 2005 Page 4 of 4 B. Access, Circulation and Parking [Section 3.2.2]—Parking Lots — Required Number of Off-street Spaces for Type of Use — Fast food restaurants require a maximum of 15 spaces per 1000 square feet. Access and Parking Requirements [Section 3.2.2(D)] — location — All parking is to be provided in the neighboring El Burrito Restaurant parking lot. All offsite parking is paved and a pedestrian connection to the entry is proposed along the public sidewalk. The sidewalk will be designed and installed with the capital improvement project. C. Site Lighting [Section 3.2.4]—This project is in an established single-family residential neighborhood near the river. The applicant has chosen to add minimal site lighting. The lighting fixtures chosen are fully shielded and down - directional. D. Trash Enclosure [Section 3.2.5]—This project is required to follow the trash and recycling enclosure regulations to the extent reasonably feasible. The applicant plans to combine the trash collection and recycling facilities with the neighboring El Burrito Restaurant. E. Building Standards [Section 3.5]—Because there are only minor changes to the existing building proposed, the only parts of this section of code that apply are Outdoor Storage Areas/Mechanical Equipment [Section 3.5.3 (I)] and Operational/Physical Compatibility Standards (Section 3.5.3(J)]. Any mechanical equipment will need to be screened from view. Operational/Physical Compatibility Standards (Section 3.5.3(J)]—In the Development Agreement or in conditions imposed in the decision rendered by the hearing officer, restrictions on the hours of operation, or location of delivery and loading zones may be made. Staff does not anticipate issues on these aspects of the project arising, but the hearing officer may choose to impose restrictions if desired. 4. Compliance with Zone District Standards of the Land Use Code: Division 4.13 RDR—River Downtown Redevelopment District The Project Development Plan meets the applicable Permitted Uses (4.13(B) 2(c)] and Land Use Standards [4.13 (D)] as follows: A. Permitted Uses—Commercial/Retail Uses [4.4 (B) (2) (c)] —Fast food restaurants (without drive in or drive through are permitted, subject to a Type I (Administrative) review. B. Development Standards —Street Connections [4.13(D) (2) (b)] - This project has been designed to provide for the extension of the old town streetscape. 410 Linden, PDP (#45-05) Administrative Hearing Findings, Conclusions, and Decision April 28, 2005 Page 3 of 4 The surrounding zoning and land uses are as follows: NW: RDR Existing RDR—River Downtown Redevelopment District single-family residential and office; NE: RDR Existing RDR—River Downtown Redevelopment District office and storage with industrial use beyond; SE: RDR Existing RDR—River Downtown Redevelopment District office and storage; SW: RDR Existing RDR—River Downtown Redevelopment District restaurant. Though it is old enough, the existing house is not eligible for individual landmark designation because it has been modified. The property is eligible for historic preservation incentives but only very minor changes are proposed, so it is unlikely that these will be implemented. Since the changes to the exterior of the building are minor, the historic integrity of the building will not be jeopardized. Streetscape improvements will be made with the Downtown River District Improvement Project, which is currently in the design phase. 2. Compliance with Article 2 Administration: This PDP complies with the applicable requirements of the LUC, specifically the procedural requirements located in Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan in Article 2 - Administration. The 410 Linden, PDP contains a proposed land use that is permitted as Type 1 use, subject to an administrative review. The proposed change of use is from an existing single-family house to an ice cream shop. The LUC does not require that a neighborhood meeting be held for a Type 1 development proposal and no meeting was held for this proposal. 3. Compliance with Article 3 of the Land Use Code — General Development Standards: The Project Development Plan complies with applicable General Development Standards as follows: A. Landscaping and Tree Protection [Section 3.2.1] —All non -paved areas on site will be planted with turf until the capital streetscape improvement project is complete. Street trees will be provided with that project. An urban hardscaped patio is planned for construction shortly after the street improvement project is complete. There are no existing trees on site. 410 Linden, PDP (#45-05) Administrative Hearing Findings, Conclusions, and Decision April 28, 2005 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 7:00 p.m. on April 24, 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 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: Anne Aspen, City Planner From the Applicant: Jesse Godinez, Owner Dusty Hoodak, Consultant Ron Perkins, Consultant From the Public: None Written Comments: None FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: City of Fort Collins Commum-i 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: April 24, 2006 PROJECT NAME: 410 Linden Project Development Plan CASE NUMBER: APPLICANTS: OWNERS: HEARING OFFICER: PROJECT DESCRIPTION: #45-05 Jesse and Dorothy Godinez 3000 Conestoga Ct. Fort Collins, CO. 80526 Jesse and Dorothy Godinez 3000 Conestoga Ct. Fort Collins, CO. 80526 Pete Wray Senior City Planner This is a request to change the use of an existing single-family house to an ice cream shop, a fast food restaurant (commercial/retail) use which is allowed subject to a Type I (Administrative) review. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: River Downtown Redevelopment - RDR STAFF RECOMMENDATION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 9 (970) 221-6750 • FAX (970) 416-2020