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Home My WebLink AboutBANK OF COLORADO - PDP - 16-03 - DECISION - FINDINGS, CONCLUSIONS & DECISIONNo Text Bank of Colorado PDP Administrative Hearing Findings, Conclusions, and Decision February 19, 2004 Page 5 of 5 The Applicant shall submit a Letter of Intent for all needed off -site easements, in a form acceptable to the City Engineer, prior to Final Plan approval. Dated this 20th day of February 2004, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. �f Cameron Gloo Current Planninq Director Bank of Colorado PDP Administrative Hearing Findings, Conclusions, and Decision February 19, 2004 Page 4 of 5 Financial services, which include banks, are considered a permitted use within the district, subject to Administrative Review. The hearings officer finds that the building height and overall design is in keeping with the character of the surrounding area, and that facade articulation is provided consistent with this section. 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 The Applicant submitted an alternative compliance request to the maximum number of off-street parking spaces provided in Section 3.2.2. The Hearing Officer has evaluated this request and found that the three additional spaces are needed to serve the property, given the amount of traffic generated (documented in a Traffic Impact Study), and lack of parking available on -street or on adjacent lots. The Project Development Plan complies with all other 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 Bank of Colorado Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Bank of Colorado Project Development Plan includes a permitted use within the I zoning district. C. The Bank of Colorado Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Bank of Colorado Project Development Plan #16-03, is hereby approved by the Hearing Officer subject to the following condition: Bank of Colorado PDP Administrative Hearing Findings, Conclusions, and Decision February 19, 2004 Page 3 of 5 FACTS AND FINDINGS The surrounding zoning and land uses are as follows: N: M-M-N; Vacant (miscellaneous outbuildings from old farmstead) S: C; Existing Multi -Family (Buffalo Run Apartments) E: M-M-N; Vacant W:I; Existing Multi -Tenant Commercial/Industrial Building The site was annexed into the City in 1994. The following represents the planning activity on the parcel since annexation: • The 17-acre Lincoln East Overall Development Plan was approved in 1996. This O.D.P. envisioned a mix of convenience retail, business services, auto -related services and industrial land uses. This O.D.P. has since expired. • Lincoln East Convenience Center Preliminary P.U.D. (Diamond Shamrock convenience store, fuel facility, carwash and lube shop on 2.3 acres) was approved in 1997. • Lincoln East Convenience Center Final P.U.D., First Filing (Schrader's Country Store, fuel facility and carwash on 1.4 acres) was denied in June of 1998. • Lincoln East Convenience Center, Second Filing, (auto lube shop on less than one acre) was denied in June of 1998. • The East Mulberry Corridor Plan was adopted by City Council in September of 2002. • The property was part of a larger re -zoning from I, Industrial to M-M-N, Medium Density Mixed -Use Neighborhood, on May 20, 2003 to implement the East Mulberry Corridor Plan. 1. Compliance with Article 4 and the I Zoning District Standards: The Project Development Plan complies with the applicable requirements of Article 4 and the I Zoning District, including all use and design -related standards specific to this district. At the time the PDP was submitted, the property was zoned I, Industrial, therefore, the Project is subject to the I Zoning District standards. Bank of Colorado PDP Administrative Hearing Findings, Conclusions, and Decision February 19, 2004 Page 2 of 5 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 February 19, 2004 in Conference Room A at 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; (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: Ted Shepard, Chief Planner Katie Moore, Development Review Engineer From the Applicant: Dan Bernth, Doberstein Lemburg Commercial, Inc Tom Kule, Bank of Colorado Louise Herbert, VF Ripley Associates Matt Rankin, Vaught Frye Architects Patricia Kroetch, North Star Design, Inc. From the Public: None Written Comments: None City of Fort Collins Comm. _iy 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: February 19, 2004 Bank of Colorado Project Development Plan #16-03 Bank of Colorado c/o V-F Ripley and Associates 401 West Mountain Avenue Fort Collins, CO 80521 Drahota Construction Company 4700 Innovation Drive Fort Collins, CO 80525 Cameron Gloss Current Planning Director This is a request to construct a one-story, 5,447 square foot bank, with three drive - through lanes. The parcel is 1.71 acres in size and located at the northeast corner of Lemay Avenue and East Lincoln Avenue. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: M-M-N, Medium Density Mixed -Use Neighborhood STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020