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HomeMy WebLinkAboutVIALE COLLEGIO - PDP - 1-02 - DECISION - FINDINGS, CONCLUSIONS & DECISIONViale Collegio PDP Administrative Hearing Findings, Conclusions, and Decision September 12, 2002 Page 7 of 7 DECISION The Viale Collegio Project Development Plan #1-02, is hereby approved by the Hearing Officer without condition. Dated this 26th day of September 2002, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron G10ss- Current P,I'anning Director Viale Collegio PDP Administrative Hearing Findings, Conclusions, and Decision September 12, 2002 Page 6 of 7 Based on the City Traffic Operations staff testimony, the Applicant's Traffic Memorandum and the evidence presented on the issue of traffic impacts affecting the abutting alley and nearby intersections, the Hearing Officer is convinced that conflicts between bicycles, pedestrians and vehicles within the area is an existing problem which will not deteriorate in any significant manner by the traffic generated by the Project. Traffic projections provided in the applicant's Transportation Memorandum are based on actual traffic counts. 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 Although the Hearing Officer finds that many of the concerns raised by opponents of the PDP are insightful and might potentially improve the 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. The regulations provide sufficient specificity to determine that the Applicant and Owner have designed the PDP in conformance with the applicable regulations. There is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the minimum requirements of the Land Use Code in designing the development. SUMMARY OF CONCLUSIONS A. The Viale Collegio Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Viale Collegio Project Development Plan complies with all applicable district standards of Section 4.14 of the Land Use Code, (CC) Community Commercial zone district. C. The Viale Collegio Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. Viale Collegio PDP Administrative Hearing Findings, Conclusions, and Decision September 12, 2002 Page 5 of 7 Solar Access, Orientation, Shading As mentioned, public testimony indicated a concern over the perceived shading impacts the project would have to the adjacent building and site to the south. The Hearing Officer finds that the Project is in conformance with the solar access standards specified in this section. At our latitude within the Northern Hemisphere, shadows cast over the winter months project toward the north. The existing building to the north has no windows, openings or solar collection system, so the building would not be directly impacted by the loss of sunshine. The building to the south would not be significantly impacted by shadows during the majority of the year based on the sun's altitude over the horizon. Building and Project Compatibility Section 3.5.1 of the LUC requires that new developments be compatible with the established character of the area. Pursuant to this section, the proposed building includes architectural details that scale the building such that each floor matches the elevation of that on adjacent buildings. The development is built close to the street, virtually matching the setback of abutting buildings. The Applicant testified at the hearing that the project is consistent with the purpose of the CC zoning district which encourages multi -story buildings that provide a mix of residential and nonresidential uses and where offices and dwellings are encouraged to locate above ground -floor retail and services. Design Standards for Mixed Use Buildings The staff report outlines the Project's conformance with Section 3.5.3 concerning the design of mixed -use buildings. Specifically, the proposal provides compatible building massing, minimum wall articulation, appropriate architectural "base" and "top" treatments, and a recessed main floor building entrance off of College Avenue. Transportation Level of Service Requirements Section 3.6 of the LUC imposes standards for all modes of transportation. The Staff Report indicates that the Project is in compliance with Section 3.6 of the LUC. A common issue repeatedly raised by many opponents involved adverse traffic conditions in the area of College and Laurel, and at the alley and Laurel intersection, and a general perceived lack of safety for bicycles and pedestrians. The opponents specifically expressed concern about high traffic speeds along the alley and adjacent intersections that create safety problems for all users. Viale Collegio PDP Administrative Hearing Findings, Conclusions, and Decision September 12, 2002 Page 4 of 7 3. Compliance with Article 3 of the Land Use Code — General Development Standards The project development plan complies with all applicable sections of Article 3 of the LUC as explained below. Landscaping and Tree Protection. The staff report outlines the Project's compliance with Section 3.2.1 concerning landscaping and tree protection and there was no evidence introduced at the hearing to contradict the Staff Report. The City Forester has deemed one tree present on the site "significant". Loss of this tree will be mitigated through planting of one tree on -site and one tree off - site. Such mitigation is occurring in compliance with Section 3.2.1(I)(7). Parking and Access. The staff report outlines the Project's compliance with Section 3.2.2 concerning access, circulation and parking. The Applicant and City staff testified at the hearing that the Project provides residential off-street parking spaces exceeding the number required under the LUC. Some area residents expressed concern that vehicles associated with the project, both on a temporary (during construction and with on -going delivery vehicles) and permanent basis, would park illegally in nearby private parking lots. Also, comments were received about a perceived lack of parking for visitors to the Project. One resident stated that the City's parking standards are inadequate given the relative lack of available on -street parking. While these comments about parking demand are insightful and might potentially improve acceptance of the project by the neighborhood, the Hearing Officer has no authority to the mandate that the Applicant provide additional off-street parking spaces beyond that number required under the LUC. Evidence and testimony provided by the Applicant also indicates that access to the site from College Avenue and through the alley to the east meets applicable standards. The driveway approach from College Avenue (a State Highway) complies with the CDOT design standards for 20-foot curb radii. Testimony further indicated the alley is at the platted 20 foot width, and is paved in a continuous section at this width, except for two specific locations where power poles encroach approximately one foot into the alley right-of-way. A neighboring property owner testified that the alley was of inadequate width for safe maneuvering of vehicles in and out of the Project from the alley. It appears, based on this information, that the issue of safe vehicular access has been adequately addressed to the satisfaction of the Hearing Officer and City staff. Therefore, based on the evidence presented at the hearing, the Project complies with Section 3.2.2 of the LUC. Viale Collegio PDP Administrative Hearing Findings, Conclusions, and Decision September 12, 2002 Page 2 of 7 ZONING DISTRICT: CC — Community Commercial District. 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. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:05 p.m. on September 12, 2002 in the City Council Chambers at 300 La Porte 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; and (3) a tape recording of public testimony provided during 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 Ward Stanford, Traffic Engineer Susan Joy, Development Review Engineer From the Applicant: Jim Hillhouse, Hillhouse Architects Jeff Couch, Civil Engineer From the Public: John Mark, 719 Remington Dr. Joseph Simpson, DDS and Ingrid Simpson, 718 S. College Joe and Carolyn Knapp, 641 Remington Lisa Steketee, 632 Remington 4' Community Planning and Environmental Services Current Planning City of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: September 12, 2002 PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: Viale Collegio Project Development Plan #1-02 Hillhouse Architects C/o Jim Hillhouse 8897 Gander Valley Lane Windsor, CO 80550 Venturpro, LLP 706 South College Avenue Fort Collins, CO 80525 Cameron Gloss Current Planning Director The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP") proposing a three-story, 29,500 sq.ft., mixed -use building located at 706 South College Avenue, a half block south of Laurel Street. The project would include 5,500 sq.ft. of ground floor retail area, 12,200 sq.ft. of office lease area located on the second floor of the building and 20 one - bedroom efficiency apartment units located on the third floor of the building. Parking would be provided by a ground -level parking lot behind the first story and covered by the upper level office and residential units. The parking lot will provide 33 off-street spaces, two of which will be handicap accessible. The project would be accessed from College Avenue and the adjacent alley to the east. SUMMARY OF HEARING OFFICER DECISION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 = FAX (970) 416-2020 Viale Collegio PDP Administrative Hearing Findings, Conclusions, and Decision September 12, 2002 Page 3 of 7 Written Comments: None FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: CC — retail, indoor recreation S: CC — medical office/clinic E: NCB — single family residential W: CSU — Colorado State University The property was annexed in 1873 as part of the City of Fort Collins Annexation. 2. Compliance with Article 4 and the CC — Community Commercial Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the CC zone district. The Staff Report summarizes the PDP's compliance with these standards and no specific evidence was presented to contradict or otherwise refute the compliance with Article 4 or the CC District Standards. In particular, the proposed multi -family residential, office, retail, restaurants and other similar uses are permitted within the CC zone district subject to an administrative review. Further the project provides two different land use types, one of which is residential. See Section 4.14(D)(2) of the LUC. According to the staff report, the Project is also in conformance with Section 4.14(E)(1) standards relating to building orientation, Section 4.14(E)(1)(b) that requires a central feature or gathering place, and Section 4.14(E)(1)(c) calling for integration of transit stops to the existing transit service. While there was no direct testimony or evidence presented at the public hearing to contradict the Project's compliance with these standards, the testimony of Dr. and Mrs. Simpson (owners of property abutting to the south), identified concern over the proposed building height. The Hearing Officer finds that the proposed three story building with a height of 39'-11" is within the City's permitted maximum of five stories and 40 feet (not subject to special height review). While a lower building height may be desired by neighboring property owners, there is no basis in Article 4 of the City's LUC upon which the Hearing Officer could require a reduction in the project's height. 1