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HomeMy WebLinkAboutEYE CENTER OF NORTHERN COLORADO - PDP - PDP150029 - DECISION - FINDINGS, CONCLUSIONS & DECISIONE. In accordance with Section 2.2.11(C) of the Code, the PDP shall not be considered a site specific development plan and no vested rights shall attach to the PDP. Nothing in this decision shall abrogate the Director's authority to grant one (1) extension of the PDP. As set forth in Section 2.2.11(C) of the Land Use Code, the extension may not exceed six (6) months in length. DATED this 141h day of March, 2016. Marcus A. McAskin Hearing Officer P 5. Based on a review of the materials submitted to the Hearing Officer in this case, the Hearing Officer concludes that the Modification of Standard (for Section 3.5.3(C)(2)(a) of the Code, as requested by the Applicant) meets the applicable requirements of Section 2.8.2(H) of the Code. Specifically, the Hearing Officer finds as follows: A. The Modification of Standard (the "Modification") requested by the Applicant is to Section 3.5.3(C)(2)(a) of the Land Use Code ("Orientation to Build -to Lines for Streetfront Buildings"). B. The standard set forth in Section 3.5.3(C)(2)(a) requires that for at least 30% of the total length of the building along Ziegler Road, the building must be extended to the applicable build -to line established for the Ziegler Road right-of-way (ROW), and that for at least 30% of the total length of the building along Precision Drive, the building must be located no greater than 15 feet from the Precision Drive ROW. C. The Subject Property is located in the Harmony Technology Park which is developing in a campus -like pattern envisioned by the Harmony Corridor Plan. The Ziegler Road frontage in not developing in an urban -like form where bringing smaller scaled buildings up to the street edge to create a more urban and pedestrian friendly context may be merited. D. The Hearing Officer specifically finds that the requested Modification is not detrimental to the public good. E. The Hearing Officer further finds that the Modification satisfies Section 2.8.2(H)(1) of the Code — the proposed building placement is equal to or better than a building placement that would have otherwise complied with the standard set forth in Section 3.5.3(C)(2)(a) of the Code, especially when analyzed in the context of the Subject Property's overall size (4.16 acres) and location within the Harmony Technology Park. DECISION Based on the findings set forth above, the Hearing Officer hereby enters the following ruling: A. The Eye Center of Northern Colorado Project Development Plan (PDP #150029) is approved for the Subject Property as submitted, subject to conditions set forth below. B. The Article 3 Modification (Request for Modification of Section 3.5.3(C)(2)(a) of the Land Use Code) is approved for the Subject Property. C. The Applicant's request for Alternative Compliance to allow 34 extra parking spaces (total of 211 parking spaces including 10 handicap accessible spaces) is approved. D. The Applicant shall submit a final plan for the Subject Property (Lot 1, Eye Center of Northern Colorado Subdivision) within three (3) years of the date of this decision. if Applicant fails to submit a final plan to the City within said three (3) year period, this PDP approval shall automatically lapse and become null and void in accordance with Section 2.2.11(C) of the Code. 5 From the Applicant/ Owner: Cathy Mathis, TB Group Brian Shearer, Architect, Marasco & Associates, Inc. From the Public: None. 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; and B. the Application complies with the applicable General Development Standards contained in Article 3 of the Land Use Code, including Section 3.2.2(K)(3) which permits the Hearing Officer to approve an alternative parking ratio or otherwise approve parking that exceeds the applicable parking ratio set forth in Section 3.2.2(K)(2)(a) of the Code. C. The Application complies with the applicable Harmony Corridor District (H-C) standards contained in Article 4 of the Land Use Code, including Section 4.26(D)(3)(a) which states that the maximum building height for all nonresidential buildings shall be six (6) stories. The Application proposes a one story building, in compliance with this standard. 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 in this case, the Hearing Officer concludes that the Applicant's request for Alternative Compliance submitted pursuant to Section 3.2.2(K)(3) of the Code meets the applicable requirements and review criteria set forth in Section 3.2.2(K)(3)(b) of the Code. Specifically, the Hearing Officer finds that the proposed alternative parking plan accomplishes the purposes of Section 3.2.2(K) of the Code equally well or better than would a plan that strictly complies with said Section. Further, the Hearing Officer finds that the Applicant's request to exceed the maximum number of allowable parking spaces by 34 spaces is reasonable and justified. The Hearing Officer adopts Staffs specific conclusion set forth on page ten of the Staff Report, namely that the request for Alternative Compliance is reasonable based on the unique operational aspects of a large-scale, high volume modern ophthalmology practice. The Hearing Officer finds that review criteria (1) — (6) set forth in Section 3.2.2(K)(3)(b) are satisfied, and that review criteria (7) is inapplicable to the application under review given that the Subject Property is located in the H-C zone district. 4 EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as part of the record of this proceeding: (1) Planning Department Staff Report for Eye Center of Northern Colorado Project Development Plan, PDP#150029; (2) Applicant's Request for Alternative Compliance — Parking, prepared by TB Group dated December 2, 2015 (2 pages); (3) Site Plan and Floor Plan (2 sheets); (4) Landscape Plan (2 sheets — sheet 2 and sheet 3); (5) Building Elevations (2 sheets); (6) Building color rendering (1 page); (7) Preliminary Plat (Eye Center of Northern Colorado Subdivision) (1 sheet); (8) Transportation Impact Study prepared by Delich Associates dated November 2015 (25 pages); (9) Parking Analysis prepared by Delich Associates dated November 25, 2015 (7 pages); (10) Rendered site plan (1 page); (11) Project Vicinity Map; (12) Notice of Public Hearing Letter dated February 17, 2016; (13) Affidavit of Publication of the Fort Collins Coloradoan dated February 23, 2016 evidencing publication of the Notice of Hearing on February 23, 2016; and (14) the PowerPoint presentation prepared by the Applicant for the March 2, 2016 hearing. In addition, the City's Comprehensive Plan, the Land Use Code, the Harmony Corridor Plan, the Harmony Technology Park ODP (and all amendments thereto, including the Harmony Technology Park ODP — Seventh Amendment approved in 2014), and the formally promulgated polices of the City are all considered part of the record considered by the Hearing Officer. 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: Ted Shepard, Chief Planner 3 As part of its PDP submittal, the Applicant is requesting a Modification of Standard to Land Use Code Section 3.5.3(C)(2)(a), Relationship of Buildings to Streets, Walkways and Parking — Orientation to Build -to Lines for Streetfront Buildings, requesting to site the proposed medical office building and surgery center in the location shown in the site plan submitted as part of this PDP submittal, which location does not strictly comply with the requirements of Section 3.5.3(C)(2)(a) of the Code. Pursuant to Land Use Code Section 4.26(13)(2)(c), the proposed medical office and surgery center is permitted in the H-C zone district, subject to a Type One administrative review. BACKGROUND: The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Harmony Corridor District (H-C) Intel South Harmony Corridor District (H-C) Windsong at Rock Creek Memory Care East Harmony Corridor District (H-C) Vacant, Tract C (42 acres), Harmony Technology Park West LDensity Residential District Low Wildwood Farm neighborhood SUMMARY OF DECISION: Approved. ZONE DISTRICT: Harmony Corridor District (H-C) HEARING: The Hearing Officer opened the hearing on Wednesday, March 2, 2016, in Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado, prior to the public hearing on the Harmony Ridge PUD Third Replat matter (FDP #150043). 2 CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: March 2, 2016 PROJECT NAME: Eye Center of Northern Colorado Project Development Plan (PDP) CASE NUMBER: PDP #150029 APPLICANT: Eye Center of Northern Colorado c/o Ms. Cathy Mathis TB Group 444 Mountain Avenue Berthoud, CO 80513 OWNER: Harmony Technology Park, LLC c/o M.A.V. Development 2723 South State Street Ann Arbor, MI 48104 HEARING OFFICER: Marcus A. McAskin PROJECT DESCRIPTION: The Project Development Plan (PDP) that is the subject of this application proposes a 32,903 square foot, one-story medical office building and surgery center located on approximately 4.16 acres located in the NW '/a of Section 4, Township 6 North, Range 68 West of the 6th P.M., City of Fort Collins, Larimer County, and as more particularly described in the preliminary plat (the "Subject Property"). The Subject Property is included within the Harmony Technology Park Overall Development Plan and is located at the southeast corner of Ziegler Road and Precision Drive. Primary ingress and egress to and from the Subject Property will be from Precision Drive. The PDP proposes 211 parking spaces divided between three parking lots (primary lots located to the north and south of the proposed medical office building, with one small parking area proposed on the east side of the building). The Subject Property is located in the Harmony Corridor District (H-C), which is intended to implement the design concepts and land use vision of the Harmony Corridor Plan; specifically, to create an attractive and complete mixed -use area with a major employment base. The Application proposes to replat the Subject Property as Lot 1, Eye Center of Northern Colorado Subdivision. A final plat will be required at the time of Final Plan submittal.