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Home My WebLink AboutCITY OF FORT COLLINS VEHICLE STORAGE BUILDINGS - PDP - 23-03A - DECISION - FINDINGS, CONCLUSIONS & DECISIONI • l 1 'I 1t1 ` Ito .� l 1 1 LJ i i i (II , I� 1 I i l� City of Fort Collins Vehicle Storage Buildings PDP Administrative Hearing Findings, Conclusions, and Decision February 5, 2004 Page 5 of 5 designed the PDP in conformance with the applicable regulations and there is no authority for the Hearing Officer to mandate that the Applicant exceed the minimum requirements of the Land Use Code, and other applicable regulations, in designing the development Therefore, the Project Development Plan 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 otherwise refute the compliance with Article 3. SUMMARY OF CONCLUSIONS A. The City of Fort Collins Vehicle Storage Buildings Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The City of Fort Collins Vehicle Storage Buildings Project Development Plan includes a permitted use within the E zoning district. C. The City of Fort Collins Vehicle Storage Buildings Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The City of Fort Collins Vehicle Storage Buildings Project Development Plan #23-03A, is hereby approved by the Hearing Officer without condition. Dated this 19th day of February 2004, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. ameron Gloss Current PlanMg g Director City of Fort Collins Vehicle Storage Buildings PDP Administrative Hearing Findings, Conclusions, and Decision February 5, 2004 Page 4 of 5 perceived problems with speeding vehicles would become worse due to traffic generated from the storage facility. As part of the Applicant's submittal, it was confirmed that the facility would provide parking for vehicles currently stored behind the City Service Center building located east of Wood Street. Testimony was provided by the City Traffic Engineer, outlining past events, including the lack of street extension to Vine Drive, that contribute to the present traffic conditions. The City Traffic Engineer also testified that there would be no additional traffic impact given that the City vehicles to be parked within the facility are already located within the immediate area. There was also considerable discussion at the hearing relative to the merits of limiting future public access from Shields Street, although there are no immediate plans for this access restriction. The Hearing Officer acknowledges and appreciates that residents have provided careful thought in the framing of their concerns; however, the weight of evidence presented by the Applicant and corroborated by the City staff, supports a finding of compliance with the Transportation Level of Service Requirements. Adverse air quality impacts within the immediate area of the site was another issue raised by an area resident. The resident specifically expressed concern about the type of exhaust venting for vehicles "running" in the buildings and the potential for health impacts to citizens and facility employees. Based on the proposed roof -top venting system, the Hearing Officer is convinced that vehicle emissions will not cause a significant health risk. Requests were made to the Hearing Officer by area residents to consider the impacts on the quality of life that might arise due to the removal of the existing community garden space located on the property. Some residents expressed a desire for the City to incorporate a community garden into the site design. The Applicant has proposed that the community garden be moved to the Community Horticulture Center presently under construction. The Hearing Officer sympathizes with the neighboring property owners, but finds that there are no specific criteria within the applicable Land Use Code that would require that the community garden space be retained. There was considerable discussion at the hearing regarding projected density and size of landscape materials along abutting street frontages. The Applicant confirmed that evergreen screening would be provided on -site that meets or exceeds all size and horizontal spacing requirements. Although the Hearing Officer finds that some of the concerns raised by the opponents of the PDP were insightful and might potentially improve acceptance of the PDP by the neighboring landowners, the PDP must be judged under the existing applicable regulations of the Fort Collins Land Use Code. These regulations provide sufficient specificity to determine that the Applicant has City of Fort Collins Vehicle Storage Buildings PDP Administrative Hearing Findings, Conclusions, and Decision February 5, 2004 Page 3 of 5 Chris Marshall, 408 Park Street/515 Loomis Street Written Comments: None FACTS AND FINDINGS The surrounding zoning and land uses are as follows: N: E — Existing Vehicle Maintenance Building E: NCM — Existing Single Family Residential S: E — Existing Vehicle Storage W: E — Existing Service Center 1. Compliance with Article 4 and the E Zoning District Standards: The Project Development Plan complies with the applicable requirements of Article 4 and the E Zoning District, including all use and design -related standards specific to this district. Public facilities are considered a permitted use within the district, no "secondary uses" are included, and all proposed buildings are less than 50,000 square feet in area. The hearings officer finds that the building height and overall design is in keeping with the character of the surrounding area, and that it is not "reasonably feasible" to provide direct pedestrian connection to the public sidewalk given the vehicle oriented nature of the use. The Staff Report summarizes the PDP's compliance and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with Article 4. 2. Compliance with Article 3 of the Land Use Code — General Development Standards Testimony was offered at the hearing by neighboring residential landowners concerning the anticipated or feared impacts of the proposed development and its design upon the residential area. These impacts included increased traffic; access, negative impact to air and visual quality, and removal of the existing community garden. An issue raised by several neighboring residents involved adverse traffic impacts. It was an expressed fear that the present traffic congestion and City of Fort Collins Vehicle Storage Buildings PDP Administrative Hearing Findings, Conclusions, and Decision February 5, 2004 Page 2 of 5 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. =[c] The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:30 p.m. on February 5, 2004 in the City Council Chambers at 300 LaPorte 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 discussion at 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: Bob Barkeen, City Planner Eric Bracke, Traffic Engineer Wes Lamarque, Stormwater Engineer From the Applicant: Ron Kechter, City Operations Russ Lee, BHA Design Chris Reeland, Aller Lingle Architects Aaron McKelvey From the Public: Ruth Inglis-Widrick, 401 Wood Street Ben Stein, 616 Park Street Tasha Kotliar, 115 N. Washington Street City of Fort Collins Community Planning and Environmental Services 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: February 5, 2004 City of Fort Collins Vehicle Storage Buildings Project Development Plan #23-03A BHA Design c/o Russell Lee 4803 Innovation Drive Fort Collins, CO 80525 City of Fort Collins Operations Services Department 117 North Mason Street Fort Collins, CO 80524 Cameron Gloss Current Planning Director This is a request to construct three vehicle storage buildings totaling 23,500 sq. ft. of floor area, including approximately 47 interior vehicle bays. The buildings will be located at the northwest corner of Vine Drive and Wood Street. The facilities' purpose is for the storage of trucks and heavy equipment used by the City's Utility Department for maintenance and installation work. These vehicles are currently stored outside behind the City Service Center Building (East of Wood Street). SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: E- Employment STAFF RECOMMENDATION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020