HomeMy WebLinkAboutJ.L. WEST (726 S. LEMAY AVE.) - PDP - 39-99 - DECISION - FINDINGS, CONCLUSIONS & DECISIONA transit route currently goes down Riverside Avenue and Lemay Avenue, this
will be available for use by customers and employees.
FINDINGS OF FACT/CONCLUSIONS
After reviewing the staff report, the J.L. West Project Development Plan
submittal and considering all the evidence at the public hearing, the Hearing
Officer makes the following findings of fact and conclusions:
The Project Development Plan is located in the E Employment District. The
proposed land use of catering and office is permitted in the E zone district
subject to administrative review. The Project Development Plan complies
with all applicable district standards of Section 4.22 of the Land Use Code,
the E Employment district.
2. The Project Development Plan complies with all applicable General
Development Standards contained in Article 3 of the Land Use Code.
Decision
Based upon the findings and conclusions, the applicant's request for Project
Development Plan approval for J.L. West case number 39-99 is approved with
the following conditions:
1. The applicant shall comply with all notes and conditions set forth on the
applicant's submittal sheets 1 through 5 dated 3/26/12000 and prepared by
Hattman Associates.
Dated this 21 st day of April, 2000 per authority granted by Section 1.4.9 (E)
and 2.1 of the Land Use Code. /0
Steven Klau ing, Hea V g Officer
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The purpose of this Division is to ensure that the parking and circulation
aspects of the development are well designed with regard to safety, efficiency
and convenience for vehicles, bicycles, pedestrians and transit both within the
development and to and from surrounding areas. The evidence is that the plan
specifically complies with the following Article requirements: Division 3.2.2 (C)
(1) Safety Considerations Division 3.2.2(C) (2) Curb cuts and Ramps,
Division 3.2.2 (C) (4) Bicycle Facilities Division 3.2.2 (D) Access and Parking
lot Requirements Division 3.2.2(C,)(5) Walkways. 3.2.2 (E) Parking Lot Layout,
Division 3.2.2 (J) Setbacks Division 3.2.2 (K) Number of spaces for the
building uses Division 3.2.2 (L) Parking lot Stall Dimension, Division. 3.2.2
(M) Landscaping Division 3 2 3 Solar Orientation and Shading. Division 3.2.4
Site Lighting.
Division 3.3 Engineering Standards.
The Plat standards of Division 3.31 have been met.
Division 3.5 Building Standards
Division 3.5.1 Building and Project Compatibility
The building is proposed to be constructed of synthetic stucco with structural
steel awning and aluminum windows This is compatible with the established
architecture of the surrounding area. All accessory elements such as loading
dock, outdoor storage area and trash enclosure are integrated into the overall
design and are screened from the surrounding uses.
Division 3.6.1 Master Street Plan
The project includes the dedication of 11 feet of right of way. Riverside Avenue
and Lemay Avenue are designated as 4 lane arterial and are both built to
former standards. The additional dedication will comply with the master street
plan.
Division 3.6.4
The city transportation department has determined that the project meets the
applicable level of service requirements.
Division 3.6.5 Transit Facility Standards.
M
Division 3.2.1 Landscaping and Tree Protection
The applicant must submit a landscaping plan that ensures full tree stocking in
all landscaped areas within 50 feet of any business along high use or high
visibility sides. The proposed plan satisfies this requirement.
Division 3.2.1 (2) Street Trees
This Code section provides that street trees are spaced at 30 to 40 foot
spacing along adjacent streets. The plan fulfills this requirement.
Division 3.2.1 (D)(3) Minimum Species Diversity
The plan satisfies the minimum species diversity requirement by including
three species.
Division 3.2.1 (E)(2)(d)
The plan includes plantings 5 feet in width along the exposed perimeter walls
and satisfies this requirement.
Division 3.2.1 (E)(4)
The parking lot landscaping plan includes landscaping along the side lot lines
and is screened by plant material from abutting non residential uses and
therefore fulfills this requirement.
Division 3.2.1 (E)(5)
At least 6% of the site plan must be dedicated to landscaped areas. The
parking lot is 6,672 square feet, 6% of which would be 400 square feet. The
plan proposes 568 square feet of parking lot landscaping which satisfies this
requirement.
Division 3.2.1 (E)(6)
Landscape and building elements are placed to adequately screen areas of
low visual interest and visually intrusive site elements including the loading
area and trash inclosure.
Division 3.2.2 Access. Circulation and Parking
contained in Section 4.22 — Employment district) and Article 3 of the Land Use
Code (General Development Standards) subject to the conditions that follow.
Land Uses
Division 4.22 E Employment
The project is located in the E Employment District. The proposed uses offices
and food catering are permitted in the E zone district subject to administrative
review. The Hearing Officer finds that the land use is permitted and includes
the required elements for this district.
Compliance With Article Two Administration
Division 2.2.2 Neighborhood Meetinq
As previously stated herein a neighborhood meeting is not required for
the approval of this Project Development Plan by Type 2 Administrative review.
The Planning Staff representative testified that the property was posted and
proper notice was published.
Compliance With Division 4 Development standards
Division 4.22 E; Employment District
The secondary use of food catering is limited to no more than 25% of the total
gross square footage of the site. The site is 39,714 square feet and the
proposed building will be approximately 16,083 square feet with he food use
occupying one half or about 8,042 square feet which is less than 25% of the
total.
The building complies with the maximum building height requirement.
The proposed building is less than 50,000 square feet and therefore is not
subject to Planning and Zoning Board review.
Article 3 of the Land Use Code — General Development Standards
The application must comply with all applicable Article 3 General Development
Standards. Evidence was presented at the hearing and was included within
the applicant's submittal materials which the hearing officer finds applicable to
the following specific standards and which meet these standards.
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2100 West Drake Road, #128
Fort Collins, CO 80526
Background
The applicant's submittal materials and the staff report are a part of the record
and are incorporated herein by reference.
The evidence is that the surrounding zoning and land uses are:
N: I; Riverside Avenue
CCR; Existing medical clinic, Union Pacific Railroad right of way,
Burlington Northern and Santa Fe Railroad right of way, vacant
property
RC; vacant property
POL; Poudre River Trail
S: E; Existing retail and commercial establishments.
E I; Riverside avenue
E; Existing retail establishments.
CCR; Union Pacific Railroad right of way, vacant land
W: NC; Lemay Avenue, existing retail and commercial
establishments.
The site was annexed as part of the First Lemay Annexation in
September 1967.
Findings
The Hearing Officer finds that this is a request for approval of a Project
Development Plan, that review as an Administrative Type 1 review is
appropriate and that the zoning for the site is E Employment. The Hearing
Officer finds that the applicant has submitted a request for the subdivision of
an existing lot and the approval of development Plan on the southern lot. The
proposed use on this lot is general commercial and office. The Hearing Officer
finds that these are permitted uses in the E zoning district in the Land Use
Code Section 4.22 subject to administrative review.
The Hearing Officer finds that the submittal complies with the permitted uses
within the E District, that the request complies with the District Standards
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the approval of a development plan for the resulting
southern lot.
Hearing Officer Recommendation: Approval with Conditions
Zoning District: E: Employment zone district
Notice of Public Hearing and
Neighborhood Meeting:
The planning staff representative testified that the
property was properly posted, legal notice mailed
and published. There is no requirement for a
neighborhood meeting and one was not held.
Public Hearing
The Hearing Officer, presiding pursuant to The Fort Collins Land Use Code,
(LUC) opened the hearing at 5:30 p.m. on April 13, 2000 in the conference
room of the City of Fort Collins Planning Department located at 281 North
College Ave. Fort Collins, CO. The Hearing Officer admitted the staff report
and the Applicant's submittals into the record.
Hearing Testimony Written Comments and Other Evidence
The following individuals testified at the hearing:
From the City of Fort Collins:
Troy Jones
City Planner
Marc Virata
Engineering Department
For the Applicant:
Ric Hattan
145 West Swallow
Fort Collins, Colorado 80525
Roger Albrecht
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City of Fort Collins
Commi ty Planning and Environmental rvices
Current Planning
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
Hearing Officer: Steven Klausing, Hearing
Officer Administrative, Type 1
Project Name: J.L. West Project Development Plan
Case Number: #39-99
Owners: Roger Albrecht
2305 Nottingham Ct.
Fort Collins CO 80526
Applicant: Ric Hattman
Hattman Associates
1454 W. Swallow
Fort Collins, CO 80525
Pro
ect Description:
This is a two part request. The Applicant is
requesting approval of the re -platting of an existing
lot into two lots. The second request is the
approval of a development plan on the southern lot.
The Applicant is proposing to continue the existing
use on the northern lot and is not proposing any
development on that lot at this time. The northern
lot currently has an existing restaurant on it called
Wok & Roll and is located at the intersection of
Lemay and Riverside Avenue. The lot is
approximately 39,714 square feet in size. When
subdivided the northern lot will be 19,058 square
feet and the southern lot will be 16,083 square feet
in size. The Applicant is proposing the construction
of a 3,240 square foot mixed use building on the
southern lot. This Project Development Plan is a
request for the subdivision of the existing lot and
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020