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Home My WebLink AboutSHOPKO P.U.D., PAD B - PDP - 28-03 - DECISION - FINDINGS, CONCLUSIONS & DECISION9 .. / cry( :�.. �-,,. ✓, L•r , c V-),� 1 l �- K�ilh Shpcl�Y (ISi, (v,c) 1' J CQr 0� (I cc� \/k-"- "C' LAA c v , 0 C ... �s ` Zr\'1 CD cN lc Z C�4i.1�r�{z�, I i ck- i 442- OIiSSamq A ��S /l /i WIOL-)o Sep FC t"C Shopko PUD, Pad 'B', Retailivffice Buildings PDP Administrative Hearing Findings, Conclusions, and Decision November 17, 2003 Page 4 of 4 Proposed Building One is setback 15' greater than build -to line standard specified in Section 3.5.3(B)(2)(b); however, there is an existing landscape berm that precludes the building from meeting the standard. Pursuant to Section 3.5.3(B)(2)(d), existence of the berm, and the building location adjacent an arterial street, provides sufficient justification to increase the building setback. The Project Development Plan, therefore, complies with all applicable requirements of Article 3. 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. SUMMARY OF CONCLUSIONS A. The Shopko PUD, Pad 'B', Retail/Office Buildings Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Shopko PUD, Pad 'B', Retail/Office Buildings Project Development Plan satisfies the development standards of the C zoning district. C. The Shopko PUD, Pad 'B', Retail/Office Buildings Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Shopko PUD, Pad 'B', Retail/Office Buildings Project Development Plan #28-03, is hereby approved by the Hearing Officer without condition. Dated this 18th day of November 2003, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. ameron Gloss Current Plannin Director Shopko PUD, Pad `B', Retail/Office Buildings PDP Administrative Hearing Findings, Conclusions, and Decision November 17, 2003 Page 3 of 4 FACTS AND FINDINGS The surrounding zoning and land uses are as follows: N: C; Existing discount retail (Shopko) S: C; Existing office; retail (Fountainhead POD) E: C Existing Office (Landings Office Park) W: C; Existing restaurant (Ruby Tuesday) The property was annexed into the City of Fort Collins in December 1979 as part of the South College Properties Annexation. The property was originally subdivided and platted in Larimer County as part of the Observatory Heights Subdivision in July 1925. The property was approved as Future Pad `B' (Tract `B' on the subdivision plat) of the Shopko PUD, Final that was approved by the Planning and Zoning Board in April 1993, for 17,500 square feet of retail and restaurant uses. 1. Compliance with Article 4 and the C Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the C Zoning District. 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 C District Standards. 2. Compliance with Article 3 of the Land Use Code — General Development Standards Two sections of the City's landscape design standards are in direct conflict as it relates to the Project. Section 3.2.1(D)(3) stipulates that one species of tree may not exceed 25% of the total provided on -site, while Section 3.2.1(F) requires that "existing significant trees ...shall be preserved to the extent reasonably feasible." There are 15 existing Austrian Pine trees that will either remain in their present location or be transplanted. These pine trees represent 31 % of the trees provided. Given that the general standards of Section 3.2.1(C) expressly state the City's intention to "protect significant trees", it appears fair and logical that preservation of the existing pine trees overrides the individual tree species limitation. Shopko PUD, Pad 'B', Retaib�rfice Buildings PDP Administrative Hearing Findings, Conclusions, and Decision November 17, 2003 Page 2 of 4 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. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 3:30 p.m. on November 17, 2003 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: Steve Olt, City Planner From the Applicant: Dan Bernth, Doberstein Lemburg Commercial Patricia Kroetch, North Star Engineering Carr Bieker, The Architects' Studio Oussama Abbas, The Architects' Studio From the Public: None Written Comments: None City of Fort Collins Comm, ty Planning and Environmenta, -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: November 17, 2003 Shopko PUD, Pad 'B', Retail/Office Buildings, Project Development Plan #28-03 Doberstein Lemburg Commercial C/o Dan Bernth 702 West Drake Road Building E, Suite B-102 Fort Collins, CO 80526 Woodland Paradise Corporation 118 North Tejon Street, Suite 402 Colorado Springs, CO 80903 Cameron Gloss Current Planning Director This is a request for P.D.P. approval for 17,000 square feet of retail and office space housed within two buildings on a 1.8 acre site. Both buildings will be one story, up to a maximum of 30 feet in height. The project will be accessed from existing drives into the Shopko Shopping Center form Boardwalk Drive and JFK Parkway. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: C- Commercial 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020