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Home My WebLink AboutWAFFLE HOUSE - PDP - 17-02 - DECISION - FINDINGS, CONCLUSIONS & DECISIONNo Text R I 2� Zi A -F,75 " f'r1&zP =zs Tep 31•-s, y-- _ p P-"5 r; o� F I�s �J 9 --cam bilrJ afxca--t 1 — Ex. Tree Darrah Hous Ex Trey Ex. Drive .. -..._r".�.::..�..,...,..«... EI Ex. Concrete Walk r- - ---� Ex. City ®.,. ; _.. Me Rack ) � ® "ram "M Ex. Ash 1 Proposed Waffle House , Trash Enclosure New I 1806 SF Concrete I �• Concrete m i Entry -- -- -. Service Area 7 ) R Q O Color Concrete Panels mCD CD O T I (� I Asphalt Parking Colored I Parallel Parking-(2) ' Lot Crosswalk I - Ex. I L,.: Hadb7erry 1 ,L Ex. Cky t Bikej. EA - Shrub Plantings Around Parking Lot I d1316 Reds I.ad Warne House Rent mt _...._� ) r:. Fx Asphalt -` stss.cale0ewe. I Pole Lights Outpost Sunsport , American Alley Project Development Plan Ex. Concrete Walk Elm - 20' ROW September 25.2002 W A F F L E H. O\ U SE Illustrative Site Plan 6W� '1 E� LAND fW1. Lis l'"9' Community Planning and Environmental Services Advance Planning Department City of Fort Collins 9.25.02 To: Interested Parties Fm: Clark Mapes, Project Planner G1 dd k RE: Staff Recommendation for 9.25.02 Hearing Staff acknowledges the response to comments presented by the applicants today in an informal meeting. In general, staff agrees that the revised building design adequately responds to the comments, and so staff is now able to recommend approval if the following conditions are met: Add a note to the plans that no signage shall be placed on the north face of the building. Provide the clarified sign frieze detail as discussed between staff and the applicant. 3. Change the texture of the masonry above the sill, on the western portion of the building to ground face block, as a compromise to using brick as a more refined and urban material than split face block. 4. Specify a rust or bronze color for the window structures. 281 North Colleg enue • P.O. Box 580 • Fort Collins, CO 8052' 780 • (970) 221-6376 FAX (970) �. 6111 • TDD (970) 224-6002 • E-mail: apLmuu.,6@fcgov.com 5t (--? 1� — c N S 413FT" �.Z5.oz vJQT� �- 40usz �jt%a��er �r,neay - �-4- �ud! (/(%5 LC� of'/FOri CoLL ,,LS CC�i�iLies/Sror�twaTCJ Kr¢�' 7re —Cc o City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision 616 S. College Avenue - PDP—#17-02 Administrative Hearing Date: September 25, 2002 Page 7 1. The Applicant shall comply with the conditions of approval, with the exception of item number 2, specified in Clark Mapes' memo dated September 25, 2002, attached hereto as Exhibit B. 2. The Applicant shall design and construct the building in conformance with the Applicant's revised site plan submitted on September 25, 2002, attached hereto as Exhibit C. 3. The Applicant shall design, construct and incorporate two sign frieze panels, one on the south wall and one on the west wall of the building, in conformance with the illustrations attached hereto as Exhibit D and as approved by City of Fort Collins Planning Staff. 4. The Applicant shall comply with all applicable development standards set forth in Article 3 of the LUC, including but not limited to, section 3.5.1(1) concerning mechanical equipment screening. DATED THIS 30t' day of September, 2002. M- Linda C. Michow, Hearing Officer LCMG57069.22\422682.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision 616 S. College Avenue - PDP — #17-02 Administrative Hearing Date: September 25, 2002 Page 6 2. sloping roof with overhang and brackets; 3. stepped parapets. Short of depicting the above examples through illustrations in the LUC, the regulations do provide sufficient detail and guidance to require the Applicant to enhance the design of the Waffle House building with more architectural features than the standard Waffle House prototype. And, consistent with these requirements, City staff provided the Applicant with examples of architectural detailing and characteristics, as set forth in Attachments 10, 11 and 12 of the Staff Report. The Hearing Officer notes that features such as window sills, individual windows with trim details, sign friezes, and a top element are depicted in Attachments 10, 11 and 12 of the staff report. The Applicant has agreed to add these types of features as reflected in the revised site plan, attached as Exhibit C. In addition, the Applicant has agreed to incorporate a sign frieze on the south and west walls of the building consistent with the illustrations depicted on attached Exhibit D. The Hearing Officer finds that this revised site plan meets the standards and intent of Article 3 of the LUC. SUMMARY OF CONCLUSIONS A. The. Waffle House Project, PDP #17-02, satisfies the land use standards of the Community Commercial (C-C) Zone District, subject to the conditions of approval stated below. B. The Project complies with the administrative and procedural requirements set forth in Division 2.1, Division 2.2 and Division 2.4 of Article 2, Administration. C. The Project meets the applicable requirements of Article 3, General Development Standards, including but not limited to sections 3.4.7 and 3.5.3, subject to the conditions of approval stated below. DECISION AND CONDITIONS OF APPROVAL The Hearing Officer hereby approves the Waffle House PDP, No. 17-02, 616 S. College Avenue, Fort Collins, Colorado subject to the following conditions of approval: LC M\57069.221422682.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision 616 S. College Avenue - PDP — #17-02 Administrative Hearing Date: September 25, 2002 Page 5 resources in the City and to ensure that new buildings contribute to the unique character of the CC zone district. The Hearing Officer has reviewed the applicable provisions of the City's land use regulations in the context of the evidence and testimony presented at the hearing. While certain provisions of the LUC contain broad statements about compatibility, the regulations also provide specific standards and, thus, sufficient guidance to review the Applicant's Project in relation to the LUC regulations. For instance, Section 3.5.3(D) provides: building design shall contribute to the uniqueness of the zone district... with predominant materials, elements, features, color range and activity areas tailored specifically to the site and its context ... A standardized prototype design shall be modified if necessary to meet the provisions of this Land Use Code. (emphasis added) This subsection further supplies examples and explanations of this requirement, including without limitation the following: (6) Base and Top Treatments. All facades shall have: (a) a recognizable base consisting of (but not limited to): 1. thicker walls, ledges, or sills; 2. integrally textured materials such as stone or other masonry; 3. integrally colored and patterned materials such as smooth -finished stone or tile; 4. lighter or darker colored materials, mullions or panels; or 5. planters. (b) a recognizable "top" consisting of (but not limited to): 1. cornice treatments, other than just colored "stripes" or "bands", with integrally textured materials such as stone or other masonry or differently colored materials; LCM\57069.22\422682.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision 616 S. College Avenue - PDP — #17-02 Administrative Hearing Date: September 25, 2002 Page 4 structures and structures in designated historic districts, whether on or adjacent to the project site. Section 3.4.7(B) further provides that "new buildings must be compatible with the historic character of any such historic buildings, whether on the project site or adjacent thereto." The uncontroverted evidence indicates that the Project is directly adjacent to the Darrah House, which, as Mr. Mapes testified, is a structure "eligible" for federal, state and local historic designation. Photographs of the Darrah House reveal the historic features of the structure. It is the City's position that the initial design of the Waffle House Project did not adequately address or respect the historic character of the Darrah House because of its flat, uniform concrete block facade. In response to this concern, the Applicant submitted revised site plan drawings at the hearing, a reduced copy of which is attached hereto as Exhibit C, that accomplishes the following: ■ adds a concrete window sill of a different color from the building facade under the window sills to define the windows; ■ adds stripes along the upper windows and awnings to define the upper windows; ■ incorporates block pieces between every two panes of window glass to break up the monotonous window front; ■ adds a cornice treatment on the top element of the building which protrudes 4" from the block face; ■ adds pilasters to the north wall; ■ adds two sign friezes; and ■ uses split face CMU block building. The Applicant testified that while certain features, such as the sign friezes, are not required by the City's regulations, it was willing nonetheless to redesign portions of the Project to address the City's concerns. Clark Mapes agreed that features, such as sign friezes, are not specifically required by the Land Use Code, but that the overall intent of the applicable regulations is to protect historic LCM\.57069.224422682.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision 616 S. College Avenue - PDP — #17-02 Administrative Hearing Date: September 25, 2002 Page 3 3. The Project is in compliance with CC District Standards (Division 4.14): Based on the evidence presented at the hearing, the Project complies with all applicable provisions of Division 4.14 of the LUC. Specifically, the land use standard set forth in subsection (E)(2)(d), the only applicable standard, requires that all buildings shall have a minimum height of twenty (20) feet. The staff report and testimony of staff indicate that the proposed Waffle House building technically complies with the minimum 20-feet height standard in that the peaked portion of the roof is twenty feet in height, even though the remainder of the building is approximately fifteen feet in height. There was no evidence or testimony presented to oppose this finding. 4. The Project is or will be in Compliance with Article 3 — General Development Standards: The evidence presented at the hearing establishes that the Project complies, or will comply based on conditions of approval, with all of the applicable requirements of Article 3, as explained below. The staff report indicates that the Project complies with Article 3, except with respect to architectural design issues concerning the building. For this reason, City staff initially recommended denial of the Project. Clark Mapes, the City's planner, testified at the hearing that a subsequent meeting with the applicant on the day of the hearing served to resolve the architectural and design issues of the Project. Mr. Mapes stated that, with certain conditions of approval, as outlined in his memo dated September 25, 2002, attached hereto and incorporated herein as Exhibit B, he could recommend approval of the Project. Mr. Mapes outlined the following, applicable standards of Article 3 which, until the date of the hearing, had not been met by the Applicant: Section 3.4.7(A), (B) & (E), with respect to preserving historical resources; Section 3.5.1, with respect to building and project compatibility; and Section 3.5.3, with respect to urban design characteristics of the CC district. As Mr. Mapes testified and as set forth in the LUC, Section 3.4.7(A) provides that one of the purposes of the standard is intended to ensure that new construction is designed to respect the historic character of the site and any historic properties in the surrounding neighborhood and to protect designated or eligible historic LCMX57069.20A22682.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision 616 S. College Avenue - PDP — #17-02 Administrative Hearing Date: September 25, 2002 Page 2 RECORD OF HEARING: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department staff report and staff memo dated September 25, 2002; (2) application, plats, maps, reports and other supporting documents submitted by the Applicant and the Applicant's agents to the City of Fort Collins; (3) various photographs and sketches of the Project in the context of other neighboring uses and buildings; and (4) a tape recording of testimony provided during the hearing. The Fort Collins Land Use Code ("LUC"), the City's Comprehensive Plan, and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. ATTENDANCE AT HEARING: The hearing was attended by those individuals identified on Exhibit A, attached hereto and incorporated herein. The Applicant was represented by Michael Chalona of Land Images; Walter Barineau, Barry Cowart, and Ken Williams of Waffle House, and Todd Rogers, attorney for Waffle House. FACTS AND FINDINGS 1. The Project is in Compliance with Article 2, Administration: Pursuant to Section 2.2.8 of the LUC, the undersigned Hearing Officer finds that the record reflects that all of the procedural requirements and development review procedures for development applications and project development plans have been met with respect to this Project. 2. The Proposed Use Is a Permitted Use within the Community -Commercial (CC) Zone District: The staff report indicates, and Section 4.17(13)(2)(c)(2) of the LUC provides, that the proposed land use, as a standard restaurant, is a permitted use in the C-C zone district, subject to administrative review. No evidence presented at the hearing contradicts this finding, although Judith Reid, owner of the Darrah House, questioned the odor, noise and fumes that the proposed use would emit. The Applicant testified in response that: (1) the ventilation system is designed to minimize odors, (2) no deep fryers are used and (3) there will be no outdoor seating to contribute to the noise. LCMG57069.22W22682.01 Citv of Fort Collins Community Planning and Environmental Services Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: APPLICANT: September 25, 2002 616 S. College Avenue — PDP — #17-02 Land Images, Inc. 215 W. Magnolia Street;.4202 Fort Collins, Colorado 80521. . OWNER: Dodge Holdings, Inc. 616 S. College Avenue Fort Collins, Colorado 80524 HEARING OFFICER: Linda C. Michow, Esq. Gorsuch Kirgis LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 PROJECT DESCRIPTION: The Applicant has submitted a request to redevelop an existing .28 acre lot, demolishing an existing building formerly housing a Cluck-U fast food restaurant, and constructing a new building to contain a Waffle House restaurant (the "Project'). The property, zoned Community -Commercial (CC), is located on the east side of College Avenue, between Myrtle and Laurel Streets, adjacent to the Darrah House on the north, and a retail shop on the south side. SUMMARY OF HEARING OFFICER DECISION: Approval.with.:,conditions. ZONE.DISTRICT:..Community-Commercial'Zone District (.CC) NOTICE OF PUBLIC HEARING AND NEIGHBORHOOD MEETING: Evidence presented to the Hearing Officer established that the hearing was properly noticed in accordance with the City of Fort Collins Land Use Code. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:30 p.m. on September 25, 2002 in the City Planning Offices, conference rooms C & D, 281 N. College Avenue, Fort Collins, Colorado. LC M157069.22\422682.01 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 o FAX (970) 416-2020