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HomeMy WebLinkAboutPARKING AT 620 S. LEMAY AVE. - MJA/FDP - FDP150009 - DECISION - FINDINGS, CONCLUSIONS & DECISIONParking at 620 S. Lemay Ave (combined Maior Amendment/Final Plan)FDP150009 July 16,2015 5:30 p.m. — Conference Room A - D Sign -In Sheet Please Print Name/Address Legibly — we will mail a copy of the hearing decision report to those that print legible names and addresses Name (Please Print) Address Phone E-mail of 9'7c% 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Parking at 620 S Lemay Ave, FDP150009 Administrative Hearing Officer: July 16'", 2015 Page 7 RECOMMENDATION: Staff recommends approval of Parking at 620 S Lemay Ave combined Major Amendment and Final Plan, FDP150009. ATTACHMENTS: 1. Statement of Planning Objectives 2. Site Plan 3. Landscape 4. Plat 5. Photometric Plan 6. Alternative Compliance Request Parking at 620 S Lemay Ave, FDP150009 Administrative Hearing Officer: July 16", 2015 Page 6 B. Division 3.4 — Environmental, Natural Area, Recreational and Cultural Resource Protection Standards 1) 3.4.1 Natural Habitats and Features • This project is in the vicinity of a River. The Environmental Planner and the applicant have conducted a site visit to determine the "top of bank". From the agreed top of bank the parking is outside the 300 ft buffer. However, the project landscape plan is designed to with native and xeric plants to contribute to the habitat of wildlife. C. Division 3.6 — Transportation and Circulation 1) 3.6.3 Street Pattern and Connectivity Standards: • The project is not proposing the dedication of any new public streets. As mentioned before, the project will construct both sides of an extension of Poudre River Drive. 2) 3.6.4 Transportation Level of Service Requirements: • The Traffic Operations Department reviewed the project and it to be meeting the level of service requirements of the area. 4. Findings of Fact/Conclusion In evaluating the request for the Parking at 620 S Lemay Ave combined Major Amendment and Final Plan, Staff makes the following findings of fact: A. Parking at 620 S Lemay Ave combined MJ/FP complies with process located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. B. Parking at 620 S Lemay Ave combined MJ/FP is in conformance with Poudre Valley Health System Harmony Campus Overall Development Plan approved by the Planning and Zoning Board on January of 1999. C. Parking at 620 S Lemay Ave combined MJ/FP complies with relevant standards located in Article 3 — General Development Standards. D. Parking at 620 S Lemay Ave combined MJ/FP complies with relevant standards located in Division 4.20, Community Commercial — Poudre River District (C-C-R) of Article 4 — Districts. Parking at 620 S Lemay Ave, FDP150009 Administrative Hearing Officer: July 16`h, 2015 Page 5 c Minimizes the visual impact along the public street. As mentioned before the project includes street trees along the public sidewalks. o Minimizes the visual impacts on the surrounding neighborhood. Also mentioned before, the parking lot is landscaped along the interior and entire perimeter. This landscaping is designed to complement the nearby River landscaping. o Creates no physical impact on any facilities serving alternative modes of transportation. The parking does not detract from bicyclists, pedestrian or public transportation riders in the neighborhood. o Creates no detrimental impact on natural areas. The project is outside the 300 ft buffer from the top of bank of the river. o Handicap parking ratios are compliant. This project includes 2 new handicap parking stalls, with one of the two being a van accessible space. These two spaces maintain compliance with the required handicap parking spaces. The project's request for alternative compliance for the maximum number of parking spaces is compliant with the criteria set forth in this section of the Land Use Code. • As required, the sidewalk system provided contributes to the safety of the development and allows pedestrians to move from the parking lot to the public right-of-way and adjoining properties. 3) 3.2.3 Solar Access, Orientation, Shading • This project does not include any new buildings. Therefore, the solar access of abutting properties is not affected. 4) 3.2.4 Site Lighting: • A photometric plan was submitted for the project. As proposed, the project complies with the standards of the section with a minimum average 1 foot-candle for the parking lot areas. Also all the lighting fixtures are down directional and fully shielded. Parking at 620 S Lemay Ave, FDP150009 Administrative Hearing Officer: July 16`", 2015 Page 4 1) 3.2.1 Landscaping and Tree Protection: • The project site has several existing trees. A detailed tree mitigation plan was designed for this combined MJ/FP. The mitigation plan has been reviewed and accepted by the City Forester. o The project includes the planting of 48 new trees, both on the private property and street trees along Poudre River Drive and Hoffman Mill Road. o 19 of the 48 trees are upsized to qualify as mitigation trees. o Trees are planted in the parking lot interior and perimeter landscaped areas. 2) 3.2.2 Access, Circulation and Parking: • Public sidewalks along Hoffman Mill Road were built prior. The public sidewalks along Poudre River Drive will be installed with this project. • Sidewalk extensions from the parking lot to the public sidewalks will also be installed with this project. • The LUC sets a maximum number of parking stalls based on the square footage of the buildings for a medical office. This standard is 4.5 spaces per 1,000 square feet. The existing building is 8,626 square feet. This allows for 39 off-street parking spaces. The existing parking lot is already met the maximum number of parking spaces. The limit of 39 spaces has led to parking on the existing landscaped areas of the project and notices of violation from the City concerning the impacts of the overflow parking. The proposal will meet the standards equally well and better than the current compliant number of spaces because it will alieve the impacts the overflow parking has had on the site and neighborhood. The Land Use Code does allow for `Alternative Compliance' to the number of off-street parking spaces if the decision maker finds that the project: o Does not detract from pedestrian convenience and connectivity. The project will enhance the pedestrian connectivity with new public sidewalks. Parking at 620 S Lemay Ave. FDP150009 Administrative Hearing Officer: July 16", 2015 Page 3 C-C-R Public Right -of -Way: Hoffman Mill Road West Poudre River Business Park C-C-R Third: Clinic (Original Boundary of the Development) 2. Compliance with Article 4 of the Land Use Code — Community Commercial — Poudre River (C-C-R): The project complies with all applicable Article 4 standards as follows: A. Section 4.20(A) and (B) — Permitted Uses The existing clinic is a listed permitted use in the C-C-R District and parking lots are allowed as an accessory to a permitted use. B. Section 4.5(E) — Land Use Standards 1) Section 4.20(D)(2)(a) requires the layout of new streets and sidewalk emphasize the characteristics and views of the River Landscape. The only street being built with this project is the Poudre River Drive. Although a portion of this street is to be constructed with this project it was laid out through prior development projects and right-of-way dedications. Therefore, this street will remain in compliance with the standard. 2) Section 4.20(D)(4)(a) requires the natural qualities of the River landscape be maintained and enhanced. This project does not touch the River landscape. The landscape design of the project does include native species and xeric plants to compliment the River landscape. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The project complies with all applicable General Development Standards; with the following relevant comments A. Division 3.2 — Site Planning and Design Standards Parking at 620 S Lemay Ave, FDP150009 Administrative Hearing Officer: July 16", 2015 Page 2 • Parking at 620 S Lemay Ave combined MJ/FP complies with relevant standards located in Article 3 — General Development Standards. • Parking at 620 S Lemay Ave combined MJ/FP complies with relevant standards located in Division 4.20, Community Commercial — Poudre River District (C-C-R) of Article 4 — Districts. COMMENTS: 1. Background: The subject property was annexed into the City in June of 1983 as part of Riverside- Lemay Annexation. Today the property is vacant and has received minimal improvements. These improvements include curb gutter and an attached sidewalk along the west boundary. Zoning History (most recent to past): • The property is currently located in the Community Commercial - Poudre River (C-C-R) District. The current C-C-R District zoning was designated upon the adoption of the City's Land Use Code in 1997. • Prior to the adoption of the Land Use Code the zoning for the property was Planned Business (B-P). The property was zoned B-P upon annexation into the city in 1983. The current surrounding zoning and land uses are as follows: Direction Zone District Existing Land Use North C-C-R Public Right -of -Way: Poudre River Drive C-C-R Riverside Lemay Annexation: Vacant Land South C-C-R Riverside Lemay Annexation: Vacant Land East C-C-R Riverside Lemay Annexation: Vacant Land City of Fit Collins ITEM NO FDP150009 MEETING DATE July 16th, 2015 STAFF Noah Beals ADMINISTRATIVE HEARING OFFICER PROJECT: Parking at 620 S Lemay Ave combined Major Amendment and Final Plan, FDP150009 APPLICANT: Cara Scohy CS Designs, INC. 2519 S Shields St. #129 Fort Collins, CO 80526 OWNER: Gwen Hatchette 700 E Elizabeth Street Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request for consideration and approval of a combined Major Amendment and Final Plan (MJ/FP), Parking at 620 S Lemay Ave. The project is located on the south east corner of Poudre River Drive and Hoffman Mill Road. The project will plat 1.05 acres of land, expanding the boundaries of original development to the east side of Hoffman Mill Road. This additional acreage will be developed into a parking lot. The parking lot includes 36 parking spaces. The current zoning is Community Commercial — Poudre River (C-C-R) District. Parking lots are allowed as an accessory to a permitted use. The parking lot expansion is considered accessory to the clinic of the original development. RECOMMENDATION: Staff recommends approval of Parking at 620 S Lemay Ave combined Major Amendment and Final Plan. EXECUTIVE SUMMARY: The approval of Parking at 620 S Lemay Ave combined Major Amendment and Final Plan complies with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically: • Parking at 620 S Lemay Ave combined MJ/FP complies with process requirements located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. Planning Services 281 N College Ave — PO Box 580 — Fort Collins, CO 80522-0580 fcgov.com/developmentreview/ 970.221.6750 ATTACHMENT A Staff Report (attached) DATED this 28th day of July, 2015. Section 3.2.2(K)(2)(a) of the Code, as requested by the Applicant) meets the applicable review criteria set forth in Section 3.2.2(K)(3)(b) of the Code. Specifically, the Hearing Officer finds as follows: A. Pursuant to the Table set forth in Section 3.2.2(K)(2)(a) of the Land Use Code, the maximum number of parking spaces for the medical office building is 39 (4.5 spaces per 1,000 square feet of the gross leasable area of the existing medical office building). The proposed alternative plan provides for a total of 72 parking spaces; and B. The proposed alternative plan accomplishes the purposes of Section 3.2.2(K) of the Code equally well or better than a plan which complies with the maximum parking ratio set forth in Section 3.2.2(K)(2)(a) of the Code taking into account the number of employees occupying the existing Concentra medical office building, the number of expected visitors to the medical office building, and testimony and other evidence that employees and visitors have been using an undeveloped area to the south of the existing building as overflow parking which has resulted in the City issuing parking violations; and C. The proposed alternative plan reasonably satisfies the review criteria set forth in Section 3.2.2(K)(3)(b) of the Code, including maintaining the applicable handicap parking ratios, not creating any detrimental impact on natural areas or features, and minimizing the visual and aesthetic impact on the surrounding neighborhood. DECISION Based on the findings set forth above, the Hearing Officer hereby enters the following ruling: The Application (combined Major Amendment and Final Plan (MJ/FP) for 620 S. Lemay Ave., FDP #150009) is approved for the Subject Property as submitted, subject to the following conditions: 1. The Applicant/Owner shall resolve and correct any technical issues as directed by City staff prior to recordation of the final plat and site plan; 2. The Applicant/Owner shall pay all fees and costs incurred by the City and its consultants, if any, in the review and processing of the Application prior to the recordation of the final plat and site plan; and 3. The final site plan and construction drawings shall be amended as necessary to clearly identify that Applicant/Owner will be required to install a marked pedestrian crossing across Hoffman Mill Road in order to adequately protect pedestrian safety. The pedestrian crossing shall consist of a painted/marked pedestrian crossing, flashing pedestrian beacon, or other similar improvements approved by the City Traffic Engineer and conforming to applicable City and MUTCD standards. 8. Affidavit of Publication dated July 7, 2015, evidencing proof of publication of Notice of Hearing in the Fort Collins Coloradan. 9. Notice of Public Hearing dated July 2, 2015. 10. A copy of the Planning Department Staff Report prepared for the above -referenced Application is attached to this decision as ATTACHMENT A and is incorporated herein by reference. TESTIMONY: The following persons testified at the hearing: From the City: Ryan Mounce, City Planner From the Owner: Cara Scohy, CS Designs, Inc. From the Public: Roberta Dinkel, 1208 Hoffman Mill Road, Fort Collins Ray Dinkel, 1208 Hoffman Mill Road, Fort Collins FINDINGS 1. Evidence presented to the Hearing Officer established the fact that notice of the public hearing was properly posted, mailed and published. 2. Based on testimony provided at the public hearing and a review of the materials in the record of this case, the Hearing Officer concludes as follows: A. the Application complies with the applicable procedural and administrative requirements of Article 2 of the Land Use Code; B. the Application complies with the applicable General Development Standards contained in Article 3 of the Land Use Code; and C. the Application complies with the applicable Community Commercial — Poudre River (C-C-R) District standards contained in Article 4 of the Land Use Code. Specifically, Section 4.20(B)(2)(c) of the Land Use Code permits medical offices (offices, financial services and clinics), subject to administrative review and the proposed parking lot constitutes an accessory use to the existing Concentra medical office building. Section 5.1.2 of the Land Use Code defines "accessory use" as "a use of land ... customarily used with, and clearly incidental and subordinate to, the principal building or use, and ordinarily located on the same lot with such principal building." The Land Use Code does not require an accessory use to be located on the same legal lot as the principal building. 3. The Application's satisfaction of the applicable Article 2, 3 and 4 requirements of the Land Use Code is sufficiently detailed in the Staff Report, a copy of which is attached as ATTACHMENT A and is incorporated herein by reference. 4. Based on testimony provided at the public hearing and a review of the materials submitted to the Hearing Officer is this case, the Hearing Officer also concludes that the Request for Alternative Compliance (for the maximum parking ratio set forth in the Table set forth in 3 BACKGROUND: The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses Public Right -of -Way: Poudre River Drive North Community Commercial — Poudre Riverside Lemay Annexation: Vacant River (C-C-R) Land South Community Commercial — Poudre Riverside Lemay Annexation: Vacant River(C-C-R) Land East Community Commercial — Poudre Riverside Lemay Annexation: Vacant River (C-C-R) Land Public Right -of -Way: Hoffman Mill Road West Community Commercial — Poudre River (C-C-R) Poudre River Business Park Third: Clinic (Original Boundary of the Development) SUMMARY OF DECISION: Approved, with conditions ZONE DISTRICT: Community Commercial — Poudre River (C-C-R) HEARING: The Hearing Officer opened the hearing on Thursday, July 16, 2015, in Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado at approximately 5:30 p.m. EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as part of the record of this proceeding: Statement of Planning Objectives. 2. Site Plan (including Landscape Plan, Hydrozone Plan and Site Photometric Plan). 3. Plat (Poudre River Business Park, Fourth Filing). 4. Alternative Compliance Request. 5. Vicinity Map. 6. Applicant PowerPoint Presentation. 7. The City's Comprehensive Plan, Code, and the formally promulgated polices of the City are all considered part of the record considered by the Hearing Officer. CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: July 16, 2015 PROJECT NAME: Parking at 620 South Lemay Avenue Combined Major Amendment and Final Plan CASE NUMBER: FDP #150009 APPLICANT: Cara Scohy, RLA ASLA CS Designs, Inc. 2519 S. Shields St. #129 Fort Collins, CO 80526 OWNER: Gwen Hatchette 700 E. Elizabeth Street Fort Collins, CO 80524 HEARING OFFICER: Marcus A. McAskin PROJECT DESCRIPTION: This is a request for consideration and approval of a combined Major Amendment and Final Plan (MJ/FP) for a proposing parking lot located at 620 S. Lemay Ave. The parking lot proposes 36 additional parking spaces to support the existing Concentra medical office building located on Lot 1, Poudre River Business Park, Third Filing. The project is located on the south east corner of Poudre River Drive and Hoffman Mill Road. The project will plat 1.05 acres of land, expanding the boundaries of original development to the east side of Hoffman Mill Road. This additional acreage is proposed to be developed into a parking lot. The parking lot includes 36 parking spaces. The current zoning is Community Commercial — Poudre River (C-C-R) District. Parking lots are allowed as an accessory to a permitted use. The parking lot expansion is considered accessory to the existing Concentra medical office building. The proposed accessory use is permitted in the Community Commercial — Poudre River (C-C-R) District.