HomeMy WebLinkAboutMID-TOWN PLAZA, 3000 & 3030 S. COLLEGE AVE. - MODIFICATION OF STANDARD - 31-04 - DECISION - FINDINGS, CONCLUSIONS & DECISIONU P S 7
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Everitt Office Complex Modification
Administrative Hearing
Findings, Conclusions, and Decision
August 17, 2004
Page 4 of 4
SUMMARY OF CONCLUSIONS
With Respect to the requested modification to Section 3.5.1(1)(1) which sets standards
for the separation of outdoor storage areas and a public sidewalk:
a. Granting the requested modification would not be detrimental to the public
good and would not impair the intent and purposes of the Land Use Code.
b. The plan as submitted will advance or protect the public interests and purposes
of the standard for which the modification is requested equally well than would a
plan which complies with the standard for which a modification is requested.
DECISION
A modification to Land Use Code Section 3.5.1 (1)(1) for the Everrit Office
Complex P.U.D., Filing #34-01, is hereby approved by the Hearing Officer subject to
the following condition:
The Applicant shall receive approval from the City of Fort Collins Water and Wastewater
Utility for the location of the trash and recycling enclosure relative to the location of the
existing underground sanitary sewer line.
Dated this 19th day of August 2004, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Cameron Gloss j
Current Plannind Director
Everitt Office Complex Modification
Administrative Hearing
Findings, Conclusions, and Decision
August 17, 2004
Page 3 of 4
FACTS AND FINDINGS
1. Site Context/Background Information
The surrounding zoning and land uses are as follows:
N:
C;
existing office and retail
E:
C;
existing multi -family residential
S:
RL;
existing single-family residential
W:
C;
existing retail and auto dealership
SE:
MMN;
existing single-family residential
The two buildings on the site were originally approved as the Everitt Office Complex
P.U.D. in November of 1972. The two building permits were issued in 1970.
2. Land Use Code Section Requested for Modification
Section 3.5.1(1) (1) Outdoor Storage Areas and Mechanical Equipment states:
"No areas for outdoor storage, trash collection or compaction, loading or other
such uses shall be located within twenty (20) feet of any public street, public
sidewalk or internal pedestrian way. Notwithstanding the foregoing, areas for
trash collection may be located within twenty (20) feet of an internal pedestrian
way."
3. Evaluation of the Modification Requests Relative to the Review Criteria:
The expressed purpose of the standards found in Section 3.5.1 of the Land Use
Code is to "ensure that the physical and operational characteristics of proposed
buildings and uses are compatible when considered within the context of the
surrounding area".
The submitted site and landscape plans and trash enclosure specifications
substantiate the applicant's assertion that the proposal fulfills this stated purpose
of the standard equally well than would a compliant plan. Both physical and
operational needs of the trash and recycling enclosure are met while still
ensuring that the design is compatible within its context. This has been
accomplished through an attractive brick enclosure capped by a brick soldier
course and a pre -cast concrete cap and landscape materials that enhance
substantial existing landscaping. Less attractive elements such as the entry
gates and "person" access face west so as to not be visible from Remington
Street. In addition, bicycle and pedestrian movements are not adversely
impacted.
Everitt Office Complex Modification
Administrative Hearing
Findings, Conclusions, and Decision
August 17, 2004
Page 2 of 4
ZONING DISTRICT: C — Commercial
STAFF RECOMMENDATION: Approval subject to one condition
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 August 17, 2004 in Conference Rooms A and 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) 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:
Ted Shepard, Chief Planner
From the Applicant:
Greg Fisher, Architect
From the Public:
None.
Written Comments:
None.
City of Fort Collins
Commux..-cy Planning and Environmental _ _rvices
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:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
August 17, 2004
Everitt Office Complex P.U.D. (Mid -
Town Plaza)
#31-04
The Everitt Companies
c/o Greg Fisher
3115 Clyde Street
Fort Collins, CO 80524
The Everitt Companies
3030 South College Avenue
Fort Collins, CO 80525
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to modify a standard found in Section 3.5.1
(1)(1)Outdoor Storage Areas and Mechanical Equipment of the Land Use Code as it
applies to the Everrit Office Complex P.U.D. (aka Mid -Town Plaza). More specifically,
the modification sought relates to a reduction in the required distance that a trash
collection area may be located from a public sidewalk from 20 feet to 10 feet. The
property is addressed as 3000 and 3030 South College Avenue.
The request is a "stand-alone" modification and is not accompanied by a Project
Development Plan application.
SUMMARY OF HEARING OFFICER DECISION: Approval subject to one condition
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020