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Home My WebLink AboutGARDENS ON SPRING CREEK - MAJOR AMENDMENT (SUPPLEMENTAL DOCUMENTS) - MJA150006 - DECISION - FINDINGS, CONCLUSIONS & DECISIONCity of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 12/05/01 Community Horticulture Center PDP - #53-85AV December 13, 2001 Page 4 concerns, the testimony from adjacent owners reflected overwhelming support for this project. SUMMARY OF CONCLUSIONS A. The proposed land uses for a community horticultural center, as a public facility, and neighborhood park are permitted in the E- Employment zone district, and meet the purposes of the E zone district. B. The PDP complies with all applicable general development standards contained in Article 3 of the Land Use Code. C. The PDP complies with the applicable land use and development standards in Division 4.22, Employment District, of the Land Use Code. DECISION The Centre for Advanced Technology, 22nd Filing, Community Horticultural Center - Project Development Plan, #53-85, is hereby unconditionally approved by the Hearing Officer. DATED THIS 13th DAY OF DECEMBER, 2001. Linda C. Michow, Hearing Officer LCM\57069.171395618.01 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 12/05/01 Community Horticulture Center PDP - #53-85AV December 13, 2001 Page 3 The testimony by adjacent residential property owners expressed overall support for the project; however, there was some concern about the potential noise from use of the proposed bandstand for concerts and live music. The applicant testified that the issue of noise would be addressed and mitigated through the City's existing noise ordinance which imposes limits on noise levels throughout the City. The applicant further testified that concerts would be small with low amplification and that the future design of the bandstand would include sound tests to further mitigate noise levels. The site plan also indicates that the availability of parking will also serve to limit the size of events scheduled for the facility. Given the size and proposes uses of the property, the City's existing noise ordinance and future design considerations of the bandstand offered by the applicant, the Hearing Officer finds that the PDP, including the use of the proposed bandstand for live entertainment, will not have a detrimental effect on the residential neighborhood to the west of the property. In addition, because the City is the applicant in this case, the Hearing Officer is confident that the applicant will comply with all of its ordinances and will work with the neighboring property owners in the design of the bandstand. C. Conformance with Article 3 of the LUC The staff report indicates that the PDP is in conformance with all applicable general development standards set forth in Article 3 of the LUC. In particular, the evidence reflects that the PDP complies with Division 3.2, site planning and design standards, in that it meets all of the criteria relative to landscaping and tree protection and parking and traffic circulation. According to the staff report, the proposal is also in compliance with Division 3.3, concerning engineering standards, Division 3.4, regarding environmental and natural resource protection, and Division 3.5, building standards. There was no evidence or testimony presented at the hearing to refute the statements and conclusions made in the staff report, nor has the Hearing Officer found any contrary evidence through independent review of the LUC and application materials. Certain testimony by neighboring property owners raised concerns about the safety of the irrigation facilities, trail construction detours, and lighting along the interior paths. The applicant addressed these concerns to the apparent satisfaction of the adjacent property owners and to the satisfaction of the Hearing Officer. Apart from these specific LCM\57069.171395618.01 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 12/05/01 Community Horticulture Center PDP - #53-85AV December 13, 2001 Page 2 conference room of the City of Fort Collins Planning Department located at 281 North College Avenue, Fort Collins, Colorado. RECORD OF HEARING: 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 agents; (3) a sign-up sheet of persons attending the hearing and citizens speaking in favor of or against the application; (4) email correspondence from and between City staff and Wndtrail Neighborhood HOA concerning the project; (5) a tape recording of the public hearing; (6) as well as the Fort Collins Land Use Code (LUC), Comprehensive Plan and any and all formally promulgated policies of the City, as applicable. FACTS AND FINDINGS A. Property Overview The property was annexed in September, 1965 as part of the Fourth College Annexation. The property, as part of the Center for Advanced Technology Overall Development Plan, was approved by the Planning and Zoning Board in September, 1983 for recreational uses. The property, comprising approximately eighteen acres, is proposed to contain a horticultural center with community gardens, band stand/gazebo, conservatory, and public park. B. Conformance with Division 4.22, E Zone District Uncontroverted evidence at the public hearing established that the proposed horticultural center, as a public/community facility, is a permitted use in the E- Employment zoning district, subject to administrative Type I review. The evidence further showed that a neighborhood park is also a permitted use within the E zoning district, subject to building permit review. The staff report and testimony indicates that the proposed uses meet the purpose of the E District, which is intended to provide, in part, for development of work places consistent with the availability of public facilities and services and to promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities and streetscapes. LCM157069.171395618.01 Citv of Fort Collins Commu. .y Planning and Environmental Current Planning rvices CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: December 5, 2001 PROJECT NAME: Centre for Advanced Technology, 22Id Filing, Community Horticulture Center - Project Development Plan - #53-85AV APPLICANT: City of Fort Collins c/o Jim Clark 281 North College Avenue Fort Collins, Colorado 80524 OWNER: HEARING OFFICER: City of Fort Collins 281 North College Avenue Fort Collins. Colorado 80524 Linda Michow, Esq. Gorsuch Kirgis LLP Tower 1, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 PROJECT DESCRIPTION: A project development plan (PDP) to construct a public horticultural center and public park on approximately 18 acres located on the west side of Centre Avenue, east of the Windtrail residential neighborhood, south of Spring Creek, and north of the proposed Rolland Moore Drive street extension. The PDP proposes one main conservatory building, two accessory outbuildings, a parking lot for approximately 75 vehicles, gazebo and bandstand, gardens, bicycle/pedestrian trails, and a small (1 to 2 acres) neighborhood park. SUMMARY OF HEARING OFFICER DECISION: Approval. ZONE DISTRICT: E — Employment Zoning District. NOTICE OF PUBLIC HEARING AND NEIGHBORHOOD MEETING: Testimony presented reflects that proper notice was given and that City staff conducted several neighborhood meetings prior to the public hearing. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:30 p.m. on December 6, 2001 in a LCM157069.171395618.01 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020