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City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
June 28, 2004 Administrative Hearing
First MainStreet Bank, PDP - #37-03
Date of Decision: July 12, 2004
Page 11
3. With the approval of the request for Modifications of Standards to Section
3.5.3(B)(1) and (2), the Project Development Plan complies with the
applicable General Development Standards of Articles 3 of the LUC.
4. The Applicant's Request for Modifications of the Standards located in
Section 3.5.3(B)(1) - Orientation to a Connecting Walkway and Section
3.5.3(B)(2) - Orientation to Build -to Lines for Streetfront Buildings is
justified.
DECISION
The First MainStreet Bank Project Development Plan - #37-03 is hereby approved
without conditions.
DATED THIS 12TH DAY OF JULY, 2004.
1" Aid-x�
Linda C. Michow, Hearing Officer
LCM\57069.30\478716.01
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
June 28, 2004 Administrative Hearing
First MainStreet Bank, PDP - #37-03
Date of Decision: July 12, 2004
Page 10
good. Specifically, the PDP complies with subsection (H)(1) in that the PDP, as
submitted, will promote the general purpose of the standard for which the
modification is requested equally well or better than would a plan which complies
with the standard. As stated above, the general purpose of Section 3.5.3 is to
promote the design of an urban environment that encourages attractive street
fronts and other connecting walkways that accommodate pedestrians as the first
priority. The PDP meets this purpose by effectively incorporating a pedestrian
walkway from Boardwalk Drive to Building B and a pedestrian plaza at the
northwest corner of Building B. These elements of the Plan enhance the
pedestrian scale of the development.
In addition, the PDP complies with subsection (H)(4) in that the PDP's
divergence from Section 3.5.3 is nominal when considered from the perspective
of the entire development plan. To the extent Building B does not meet the build -
to line requirement or have direct access to the sidewalks adjacent to Boardwalk
Drive or Harmony Road, the PDP, as a whole, satisfies the purposes of the
Standards set forth in Section 3.5.3. Recognizing that a bank building must have
drive -through lanes for vehicular traffic, the PDP presents ample opportunity for
pedestrian access and circulation through the development. Moreover, by
locating the drive -through lane between Building B and the berming along
Harmony Road, the PDP effectively reduces the visibility of the drive -through
lane and car stacking from public view.
For these reasons, the Hearing Officer approves the Request for Modifications to
Section 3.5.3(B)(1) and (2).
SUMMARY OF CONCLUSIONS
The Hearing Officer's Findings and Conclusions are hereby summarized as follows:
1. The land uses proposed by the PDP are permitted in the HC — Harmony
Corridor District.
2. The PDP complies with the applicable Land Use and Development
Standards of the HC zone district, as codified in Article 4 of the LUC.
LCM\57069.30\478716.01
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
June 28, 2004 Administrative Hearing
First MainStreet Bank, PDP - #37-03
Date of Decision: July 12, 2004
Page 9
• Although direct pedestrian connections are not possible for
Building B, there will be a wide walkway and raised
crosswalk where the pedestrian crosses the drive -through
exit lane. This drive has also been narrowed down to
fourteen feet, resulting in a shorter crossing for the
pedestrian. There will also be a plaza located at the
northwest corner of the building, emphasizing visual
continuity and pedestrian scale, containing a raised planter
and seat walls.
• By locating the drive -through lane between building B and
the berming along Harmony Road, the lane and car stacking
is effectively hidden from public view.
Relying on a different criterion than the Applicant, Planning Staff recommends
approval of the Modification request, finding that "the project as submitted, based
on the land use, site layout, and its contextual compatibility with the surrounding
land uses, is not detrimental to the public good; and ... will not diverge from the
standards of the LUC except in a nominal, inconsequential way when considered
from the perspective of the entire development plan. In making this
recommendation, Planning Staff points out that the site layout makes it
impossible to locate both Buildings A and B side by side at the required build -to
line along Boardwalk Drive. Regarding the requirement for direct pedestrian
access, Planning Staff notes that the Applicant has provided a pedestrian
crossing with a twelve -foot wide enhanced walkway and pedestrian plaza. Staff
believes that this Project's deviation in the Standards is a "nominal and
inconsequential" waiver of the Standards.
The Hearing Officer notes that no evidence was presented at the hearing to
object to the Modification request. As stated in Section 3.5.3(A), the Standards
sought to be modified are: "intended to promote the design of an urban
environment that is built to human scale to encourage attractive street fronts and
other connecting walkways that accommodate pedestrians as the first priority,
while also accommodating vehicular movement." The Hearing Officer finds,
based on the stated purpose of Section 3.5.3, as well as the justifications
presented by Planning Staff and the Applicant, that the PDP meets the criteria
set forth in Section 2.8.2(H)(1) and (4) and will not be detrimental to the public
LCM\57069.30\478716.01
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
June 28, 2004 Administrative Hearing
First MainStreet Bank, PDP - #37-03
Date of Decision: July 12, 2004
Page 8
Buildings shall be located no more than fifteen (15) feet from the
right-of-way of adjoining street if the street is smaller than a full
arterial or has on -street parking.
As the Applicant has explained in its written Modification Request dated March
30, 2004, Building B (the bank building) is not located within fifteen feet from a
street right-of-way because the 80-foot Harmony Road setback requirement
makes this build -to line on Harmony Road impossible. As the Applicant further
notes, "since the private drive access onto Boardwalk is a fixed location, it is
impossible to efficiently place Building B between the bank and the Boardwalk
access."
The Applicant has presented the following basis for approval of the Modification
of Standards requests:
A justification for this proposal relating to the Modification Criteria
Section 2.8.2(H)(1) is that the proposed plan will serve the standard
equally well or better than would a plan that strictly complies with
the standard. We believe that the proposed project meets this
criterion in the following ways:
• In order to meet the strict application of the code for the
build -to line standard, Building B would have to be located
on Boardwalk Drive. There are several reasons why this is
not feasible or practical. If Building B is placed on the north
side of the bank, the efficiency of the site is reduced
significantly. There is limited space between the bank and
access drive making it impossible to place a building in that
location and still make both buildings function efficiently.
• The relationship of the bank on the site to parking lot is a
necessary function of the facility. The building entrance
needs to be adjacent to the parking lot for convenient
access. The drive -through has to be on the east side of the
building in order to function properly.
LCMZ7069.304378716.01
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
June 28, 2004 Administrative Hearing
First MainStreet Bank, PDP - #37-03
Date of Decision: July 12, 2004
Page 7
difficulties, or exceptional or undue hardship upon the owner of such
property, provided that such difficulties or hardship are not caused by
the act or omission of the applicant; or
(4) the plan as submitted will not diverge from the standards of the Land
Use Code that are authorized by this Division to be modified except in
a nominal, inconsequential way when considered from the perspective
of the entire development plan, and will continue to advance the
purposes of the Land Use Code as contained in Section 1.2.2.
Section 3.5.3(B)(1) Modification Request. The PDP does not meet the
Orientation to a Connecting Walkway standard of Section 3.5.3(B)(1). This
Section provides:
At least one main entrance of any commercial or mixed -use
building shall face and open directly onto a connecting walkway
with pedestrian frontage.
As the Applicant has explained in its written Modification Request dated March
30, 2004, Building B (the bank building) is encompassed entirely with the drive -
through lanes for the bank and therefore does not have direct access to the
public sidewalks on either Boardwalk Drive or Harmony Road.
Section 3.5.3(B)(2) Modification Request. The PDP does not meet the
Orientation to Build -to Lines for Streetfront Buildings standard specified in
Section 3.5.3(B)(2). This Section provides, in pertinent part, that:
Build -to lines based on a consistent relationship of buildings to the
street sidewalk shall be established by development projects for
new buildings in order to form visually continuous, pedestrian -
oriented streetfronts with no vehicular use area between building
faces and the street.
LCM\57069.30\478716.01
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
June 28, 2004 Administrative Hearing
First MainStreet Bank, PDP - #37-03
Date of Decision: July 12, 2004
Page 6
3. The Applicant has met the Criteria of Division 2.8 - Modifications of
Standards.
In accordance with Division 2.81 of the LUC, the Applicant has submitted two
requests for Modification to the Standards of Article 3 arising from the Project's
noncompliance with two requirements found in subsection (B) of Section 3.5.3
(Mixed -Use, Institutional and Commercial Buildings). A modification may only be
granted where the Hearing Officer finds that the granting of the modification
would not be detrimental to the public good, and that one of the following factors
exists:
(1) the plan as submitted will promote the general purpose of the standard
for which the modification is requested equally well or better than
would a plan which complies with the standard for which a modification
is requested; or
(2) the granting of a modification from the strict application of any standard
would, without impairing the intent and purpose of this Land Use Code,
substantially alleviate an existing, defined and described problem of
city-wide concern or would result in a substantial benefit to the city by
reason of the fact that the proposed project would substantially
address an important community need specifically and expressly
defined and described in the city's Comprehensive Plan or in an
adopted policy, ordinance or resolution of the City Council, and the
strict application of such a standard would render the project practically
infeasible; or
(3) by reason of exception physical conditions or other extraordinary and
exception situations, unique to such property, including but not limited
to, physical conditions such as exceptional narrowness, shallowness or
topography, or physical conditions which hinder the owner's ability to
install a solar energy system, the strict application of the standard
sought to be modified would result in unusual and exceptional practical
Section 2.8.1 provides that "[tjhe decision maker is empowered to grant modifications to the General
Development Standards contained in Article 3 and the Land Use Standards and Development
Standards contained in Article 4... for: (1) overall development plans and/or project development plans
which are pending approval at the time the request for proposed modification is filed..."
LC M\57069.3OW78716.01
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
June 28, 2004 Administrative Hearing
First MainStreet Bank, PDP - #37-03
Date of Decision: July 12, 2004
Page 5
is no traffic signal at Whalers Way and Boardwalk and that it is a difficult
intersection.
The Hearing Officer understands the frustration associated with traffic concerns
voiced by the adjacent resident; however, there is no evidence in the record to
support signalization of the intersection at Whalers Way and Boardwalk Drive,
nor is there evidence to suggest that this particular development will contribute to
an unacceptable Level of Service along any adjacent streets. Moreover, the
Hearing Officer finds that any perceived traffic problem is already existing and is
therefore not the sole obligation of this Applicant to remedy. Considering all of
the testimony and evidence presented at the hearing, including the transportation
impact study submitted by the Applicant, the Hearing Officer finds that the First
MainStreet Bank PDP complies with Section 3.6.4 of the LUC.
With regard to Division 3.5, Building Standards, the Hearing Officer finds that the
PDP complies with Section 3.5.1, concerning Building and Project Compatibility.
More specifically, Section 3.5.1(B), Architectural Character, provides that "[n]ew
developments in or adjacent to existing developed areas shall be compatible with
the established architectural character of such areas by using a design that is
complementary." As stated in the Staff Report, "the building design and massing
proportions for the 3 buildings reflects a complementary and compatible style
with that of the existing commercial, office, residential, and retail uses that
surround this property." There was no evidence presented at the hearing to
refute this finding by Planning Staff.
Section 3.5.1(C) Building Size, Height, Bulk, Mass, Scale provides that "Buildings
shall either be similar in size and height, or if larger, be articulated and
subdivided into massing that is proportional to the mass and scale of other
structures on the same block..." The Staff Report indicates that each of the three
proposed buildings contains a series of hipped and gabled rooflines, and that the
overall height of each building is comparable to the height of the surrounding two
and three story buildings. The Hearing Officer finds that the PDP complies with
Section 3.5.1(C) of the LUC.
LCM\57069.30\478716.01
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
June 28, 2004 Administrative Hearing
First MainStreet Bank, PDP - #37-03
Date of Decision: July 12, 2004
Page 4
Officer finds that the proposed design and scale of the buildings will not
present a drastic and abrupt change in scale and height of buildings from
those in the surrounding areas - particularly in light of the setback and
berming between the residential neighborhood and the proposed Project.
2. The PDP Complies with Article 3 of the Land Use Code — General
Development Standards.
The Hearing Officer finds that the First MainStreet Bank PDP complies with the
following applicable General Development Standards: Section 3.2.1
(Landscaping and Tree Protection); Section 3.2.2 (Access, Circulation and
Parking); Division 3.3 (Engineering Standards); and Division 3.6 (Transportation
and Circulation). The Staff Report explains at length how the project complies
with these General Development Standards and the Hearing Officer accepts and
adopts Staffs findings. With the exception of traffic concerns expressed by an
adjacent residential neighbor to the east, no evidence or testimony was
presented at the hearing to dispute these findings.
Section 3.6.4, concerning Transportation Level of Service Requirements,
requires in subsection (B) that "[a]II development plans shall adequately provide
vehicular, pedestrian and bicycle facilities necessary to maintain the adopted
transportation Level of service standards contained in ... the City of Fort Collins
Multi -modal Transportation Level of Service Manual..." The Applicant's
transportation impact study dated March 2004 and submitted into the record,
indicates that First MainStreet Bank PDP will generate approximately 2600
additional daily trips. The study also reveals that, with the addition of this Project,
key intersections in the area (Boardwalk/Whalers Way; Harmony/Boardwalk) will
continue to operate at acceptable levels. The City's traffic engineer, Ward
Sanford, confirmed that these intersections and streets are currently operating
under capacity and that in the short-range future the peak levels of traffic will
remain within an acceptable level of service ("LOS") range of A to D. Testimony
also revealed that Whalers Way is a collector street that is designed to carry or
"collect" traffic onto Boardwalk Drive and Harmony Road.
The only member of the public to testify at the hearing raised concerns about
traffic along Whalers Way and Boardwalk Drive. The resident testified that there
LC M\57069.30\478716.01
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
June 28, 2004 Administrative Hearing
First MainStreet Bank, PDP - #37-03
Date of Decision: July 12, 2004
Page 3
1. Section 4.21(D)(1) Harmony Corridor Land Use Standards.
The Staff Report indicates, and there was no evidence to refute the finding
that the First MainStreet Bank PDP complies with the Harmony Corridor
land use and locational standards and is further in conformance with the
policies of the Harmony Corridor Plan.
2. Section 4.21(D)(3) Dimensional Standards.
The Staff Report states that the PDP complies with the height limitation
set forth in Section 4.21(D)(3)(a), which limits the maximum building
height for all non-residential uses to six stories. Because all of the
proposed buildings in the First MainStreet Bank PDP will be a maximum of
two stories in height, the PDP complies with Section 4.21(D)(3)(a). The
remainder of the dimensional standards specified in Section 4.21(D) relate
to residential development and therefore do not apply to this particular
PDP.
3. Section 4.21(E)(1) Harmony Corridor Development Standards.
There was no evidence or testimony presented at the hearing to refute the
finding in the Staff Report that the PDP is in compliance with the City's
adopted Harmony Corridor design standards and is in conformance with
the policies of the Harmony Corridor Standards and Guidelines.
4. Section 4.21(E)(2)(b) Site Design.
This Section requires that "where an employment or industrial use abuts a
residential area, there shall be no drastic and abrupt change in the scale
and height of buildings." The proposed PDP abuts the residential
development to the east and therefore must be found in compliance with
this Section. As the Staff Report indicates, "the buildings in the First
MainStreet Bank PDP will be two stories in height, each containing from
11,000 square feet to 22,000 square feet of gross leasable floor area. The
buildings will be residential in character and will be set back between 100'
and 200' from the single-family residential neighborhood to the east, with
earthen berming and landscaping in the setback areas." The Hearing
LCMX57069.304478716.01
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
June 28, 2004 Administrative Hearing
First MainStreet Bank, PDP - #37-03
Date of Decision: July 12, 2004
Page 2
PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land
Use Code, opened the hearing at approximately 6:30 p.m. on June 28, 2004 in the City
Council Chambers of the City of Fort Collins located at 300 LaPorte Avenue, Fort
Collins, Colorado.
NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established
no controversy or facts to refute that the June 28, 2004 administrative hearing was
properly posted, legal notice mailed and notice published.
RECORD OF HEARING: The Hearing Officer accepted into the record the following
evidence: (1) Planning Department Staff Report; (2) Application, maps, plans and other
supporting documents submitted by the applicant and the applicant's representatives;
(3) summary minutes of two neighborhood meetings; (4) sign -in sheet for public
testimony; and (5) an audio tape of the administrative hearing. The City of Fort Collins
Land Use Code ("LUC"), and the formally promulgated policies of the City are made
part of the evidence and record considered by the Hearing Officer.
FINDINGS OF FACT
Based on the evidence presented at the hearing, the Hearing Officer finds that the First
MainStreet PDP meets the applicable criteria and requirements of the LUC as
discussed hereinbelow. In general, the Hearing Officer accepts the findings by City staff
contained in the Staff Report. More specifically, the PDP meets the specific
requirements of the LUC as summarized below:
1. The PDP Complies with Division 4.21 of the Land Use Code — Harmony
Corridor District.
The Hearing Officer finds that, subject to administrative review, the proposed
uses of a bank and offices are permitted within the HC Zone District.
The Hearing Officer further finds that the PDP meets the applicable Land Use
and Development Standards set forth in Division 4.21 of the LDC, including the
following specific provisions:
LCM\57069.304478716.01
City of Fort Collins
Commu. f Planning and Environmental I vices
Current Planning
CITY OF FORT COLLINS, COLORADO
ADMINISTRATIVE HEARING OFFICER
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS, AND DECISION
ADMINISTRATIVE HEARING DATE: June 28, 2004
PROJECT: First MainStreet Bank, Project Development
Plan = #37-03
APPLICANT: VF Ripley Associates, Inc.
c/o Cathy Mathis
401 West Mountain Avenue, Suite 201
Fort Collins, Colorado 80521
OWNER: First MainStreet Bank, N.A.
401 Main Street
Longmont, Colorado 80501
-HEARING OFFICER:
SUMMARY OF DECISION:
Linda Michow, Esq.
Gorsuch Kirgis LLP
Tower I, Suite 1000
1515 Arapahoe Street
Denver, Colorado 80202
Approval
PROJECT DESCRIPTION AND PROCEDURE
The applicant and owner are seeking approval of a development for a bank and other
office uses on approximately 5 acres of land, that is currently vacant, located at the
northeast corner of Boardwalk Drive and Harmony Road. The proposed development
includes three two-story buildings, ranging in height between 31 and 37 feet, with a total
of 45,900 square feet of leasable floor area. To the north of the property is an existing
office park, zoned MMN; to the south, an existing shopping center (Harmony Market),
zoned HC; to the east is existing residential; and to the west, a mix of retail, multi -family
and day care uses, zoned MMN.
In 1995, a portion of the property received approval to construct a 6,600 square foot sit-
down restaurant; however, the project never commenced and the approval lapsed.
ZONE DISTRICT: The property is zoned HC, Harmony Corridor Zoning District.
LCM 57069.30\478716.01
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
GORSUCH KIRGI, LLP
ATTORNEYS AT LAw
TOWER 1, SUITE 1000 11515 ARAPAHOE STREET 1 DENVER, COLORADO 80202 1 TELEPHONE (303) 376-5000 1 FACSIMILE (303) 376-5001
LINDA C. MICHOW DIRECT DIAL: (303) 376-5061
email: Imichow@gorsuch.com
July 13, 2004
Ms. Georgiana Deines
Administrative Support Supervisor
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
Re: Farmstead Project Development Plan — #8-03
First MainStreet Bank, Project Development Plan — #37-03
Dear Georgiana:
Enclosed please find the Findings, Conclusions and Decision for the
above -captioned projects. We have also enclosed the audio tapes, along with
the original sign -in sheets from both hearings that were held on June 28, 2004.
Should you have any questions concerning the enclosed, please do not
hesitate to give me a call.
Very truly yours,
GORSUCH KIRGIS LLP
Linda C. Michow
LCM:cw
Enclosures
LCMU7069.30 and .311404713.03