HomeMy WebLinkAboutSWALLOW APARTMENTS - AMENDED PDP - 45-00B - DECISION - FINDINGS, CONCLUSIONS & DECISION1
Swallow Apartment Building 1-
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Administrative Hearing
Findings, Conclusions, and Decision
May 19, 2002
Page 4 of 4
SUMMARY OF CONCLUSIONS
A. The Swallow Apartment Building PDP is subject to administrative review and the
requirements of the Land Use Code (LUC).
B. The Swallow Apartment Building PDP satisfies the development standards of the
C zoning district.
C. The Swallow Apartment Building PDP complies with all applicable General
Development Standards contained in Article 3 of the Land Use Code.
D. The Alternative Compliance request for a ten -foot setback from Swallow Road
accomplishes the purpose of the standard equally well as would a 15-foot
setback.
DECISION
The Swallow Apartment Building PDP, #45-00B, is hereby approved by the Hearing
Officer without condition.
Dated this 7th day of June 2002, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Cameron Glo
Current Planning Director
Swallow Apartment Building PDP
Administrative Hearing
Findings, Conclusions, and Decision
May 19, 2002
Page 3 of 4
FACTS AND FINDINGS
1. Site Context
The surrounding zoning and land uses are as follows:
N: C; Existing Office Building (3030 South College Avenue)
S: C; Existing Shopping Center (The Shops at Foothills Fashion Mall)
E: M-M-N; Existing Small Business in Single Family House (The Hearing Center)
W: N-C-M; Existing Gas Station (Diamond Shamrock)
This a redevelopment of an existing automatic carwash. The parcel is platted as
Lot 2, Block 3, Thunderbird Estates, Ninth Subdivision.
2. Compliance with Article 4 and the C Zoning District Standards:
In terms of land use, multi -family dwelling units are permitted uses in the
Commercial zone district and eligible for a Type I (Administrative Review) and
there is no maximum density limitation.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
While there was no direct testimony or evidence presented at the public hearing
to contradict compliance with General Development standards prescribed within
the Land Use Code, neighboring resident's testifying identified two common
issues: transportation impacts and loss of views. The primary concern
expressed was the perceived negative impacts of on -street parking spillover and
traffic to the adjacent neighborhood. A secondary issue was the potential loss of
views from neighboring properties.
With respect to the traffic and parking impacts, staff responded with a clarification
that additional traffic generated from the development would not warrant
transportation improvements, such as traffic signals, stop signs and turn lanes.
Additionally, guest parking will usually occur during weekends and off -business
hours; such parking demand will likely be satisfied with on- and off-street parking
near neighboring offices. The staff report outlines the Project's conformance
with Section 3.2.2 concerning access, circulation and parking.
Although testimony was received about the potential loss of views from
neighboring properties, the PDP must be judged under the applicable
regulations, none of which directly address view protection.
Swallow Apartment Building PUP
Administrative Hearing
Findings, Conclusions, and Decision
May 19, 2002
Page 2 of 4
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 4:47 p.m. on May 29, 2002 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) Current
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 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:
Ted Shepard, Chief Planner
From the Applicant:
Tricia Diehl, Lagunitas Companies
From the Public:
Betty J. Witmer, 204 E. Swallow Rd.
Ethel McCurry, 205 Linda Ln.
Written Comments:
None
City of Fort Collins
Commu...ty 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:
APPLICANTS/OWNERS:
HEARING OFFICER:
PROJECT DESCRIPTION:
May 29, 2002
Swallow Apartment Building PDP
#45-00B
Mr. John Prouty
Lagunitas Companies
Fort Collins, CO 80525
Cameron Gloss
Current Planning Director
The Applicant has submitted a PDP application for an eight-plex apartment building
containing 7,195 square feet, with two -and -one half stories located at the southwest
corner of East Swallow Road and Remington Street. The site is .48 acre in size.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: C, Commerical
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.
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020