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Home My WebLink AboutIN-SITU - PDP - 46-02A - DECISION - FINDINGS, CONCLUSIONS & DECISIONZ- 3. 4 �7'6U6S /?U 7Eo Do La h n _ \1d\ . �`J¢crwnon pE J J J fd N S�N� /UGLY L Lir-N&Ao orLy 8� � o l''I AREc--G LIfi itlL —-vAj61i--r# FC-KE �d2c�i/7��75- 12, yPE LNG^_—_ �00.3 (aDa /,I��NEk City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 12/17/03 In -Situ, Inc., Project Development Plan, #46-02A December 23, 2003 Page 6 CONCLUSIONS A. The land uses proposed by the PDP are permitted in the CCR, Community Commercial — Poudre River zone district. B. The PDP complies with the applicable development standards of the CCR zone district. C. The PDP complies with the applicable General Development Standards of Article 3 and 4 of the Land Use Code. DECISION The In -Situ Inc. Project Development Plan - #46-02A is hereby approved without condition. DATED THIS 23rd DAY OF DECEMBER, 2003. •1 PobertVVOid[ner, Hearing Officer I041TAL6 IT4.010-1RNAI City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 12/17/03 In -Situ, Inc., Project Development Plan, #46-02A December 23, 2003 Page 5 Of particular note, the hearing Officer incorporates the following finding specifically made by the Staff Report: The PDP complies with Section 3.6.4(B)(C) — Transportation Level of Service, with the proviso: "Lincoln Street is classified as an arterial street. It was recently improved in 2002 to include a new asphalt overlay, slight widening and construction of minor drainage improvements. This project was done as part of the city-wide ongoing operation and maintenance of city streets funded by the General Fund. This is known as the Pavement Management Program. It is important to note that Lincoln Street remains deficient in that it is not fully improved to the arterial standard which would include 115 feet of total right-of-way, four travel lanes, detached sidewalks, new curb and gutter. Such future improvements would have to be funded as a capital improvement project and would be beyond the scope of the Pavement Management Program. As developers, In -Situ will be financially responsible for improving their segment of the Lincoln Street frontage. This financial obligation will be in the form of a contribution -in -aid or escrow that will be earmarked for the future Lincoln Street capital improvement project. In the short term, therefore, there will be no improvements to Lincoln Street other than the two new driveways required to serve the project. There is no sidewalk along the south side of Lincoln Street and In -Situ will not be required to construct one at this time. Instead, the financial contribution will be made for the ultimate capital improvement project. A pedestrian crosswalk will be constructed to allow pedestrians and bicyclists to cross Lincoln to gain access to the existing walk on the north side of the street. The Poudre River Trail will provide bike and pedestrian access to the site from the south. As a result of the recent overlay project, Lincoln Street now has six foot wide bike lanes. The T.I.S. and the escrowing of funds for the future capital improvement project have been reviewed by the Transportation Department and found acceptable." RCW\57069\461907.1 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 12/17/03 In -Situ, Inc., Project Development Plan, #46-02A December 23, 2003 Page 4 Section 4.16(D)(3)(a)1 Section 4.16(D)(3)(a)2 Section 4.16(D)(3)(b)l Section 4.16(D)(3)(b)2 Section 4.16(D)(3)(b)3 Section 4.16(D)(3)(c)l Section 4.16(D)(3)(c)2 Section 4.16(D)(4) Buildings — Massing and Placement Parking Lots Character and Image — Outdoor Spaces Character and Image — Windows Character and Image — Rooflines Color and Materials Color and Materials Site Design B. The PDP complies with the Applicable General Development Standards. No testimony or other evidence was offered at the hearing or in the record to refute or contradict in any manner the conclusions of the Staff Report that the PDP fully complies with all requirements imposed by the applicable General Development Standards of the Land Use Code for the City of Fort Collins. The Hearing Officer therefore finds that the following standards are satisfied by this PDP: Section 3.2.1(D) Tree Planting Standards and Street Trees Section 3.2. 1 (E) (4) (a) Parking Lot Perimeter Landscaping Section 3.2.1(E)(5) Parking Lot Interior Landscaping Section 3.2.1(G) Tree Protection Sections 3.2.2(B)(C) Access Circulation & Parking and Development Standards Section 3.2.2(K)(2) Parking Lots — Maximum Number of Spaces Section 3.4.1 Establishment of Buffer Zones Section 3.4.1(I)(1) Natural Habitats and Features — Design and Aesthetics — Project Design Section 3.4.1(L) Compatibility with Public Natural Areas Section 3.4.1(M) Access to Public Natural Areas Section 3.4.3 Water Quality Sections 3.5.1(C)(E)(F) Building Project and Compatibility Section 3.5.3(B)(1) Relationship of Buildings to Streets, Walkways and Parking — Orientation to a Connecting Walkway Section 3.5.3(B)(2) Relationship of Buildings to Streets, Walkways and Parking Orientation to Build -to Lines for Streetfront Buildings Section 3.5.3(C)(D) Variation in Massing and Character and Image RCW\57069\461907.1 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 12/17/03 In -Situ, Inc., Project Development Plan, #46-02A December 23, 2003 Page 3 PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:35 p.m. on December 17, 2003 in Conference Room A of the Planning Department for the City of Fort Collins located at 281 N. 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 to the City of Fort Collins; (3) summary minutes of a neighborhood informational meeting; and (4) a transcript of testimony prepared by a transcription service during the hearing. The Land Use Code for the City of Fort Collins ("LUC"), the City's Comprehensive Plan, and the formally promulgated policies of the City are all considered part of the evidence and record considered by the Hearing Officer. FINDINGS The Hearing Officer notes that 'no testimony or other evidence was offered at the hearing or in the record to refute or contradict in any manner the conclusions of the Staff Report that the PDP fully complies with all requirements of the Land Use Code for the City of Fort Collins. Moreover, the applicant's presentation did not reveal or indicate any conflict with the Land Use Code justifying denial of the PDP. Due to the absence of any contradictory testimony, the Hearing Officer accepts and incorporates the findings and conclusions contained in the Staff Report in support of this administrative decision. By way of summary only, the following findings are made: A. The PDP Complies with the Requirements of Article 4 and the Applicable Zone District. The PDP includes an office area (administrative and sales departments) and light assembly area (assembly of components into water testing and monitoring instruments). The light assembly is considered a custom small industry for the City of Fort Collins. Both of the uses associated with the PDP are permitted in the CCR zone district, subject to Administrative (Type One) review. In addition, the PDP fully complies with the following requirements and standards of Article 4 of the Land Use Code: RC1M57069\461907.1 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 12/17/03 In -Situ, Inc., Project Development Plan, #46-02A December 23, 2003 Page 2 The surrounding zoning and land uses are: North: R-L Existing Single Family Neighborhood (Buckingham) South: P-O-L Poudre River Trail, Poudre River /Udall Natural Area East: C-C-R Existing Office/Outside Storage for Construction Company West C-C-R Existing Office/Outside Storage for Oil Company The Poudre Valley Creamery formerly used the site as an outside storage yard. The Staff Report established that a 1984 aerial photograph revealed about 40 semi -trailers and old milk trucks were being stored on the site. The project site is presently vacant and largely denuded with the exception of two young Cottonwood trees. On February 4, 2003, City Council approved two Modifications of Standard to allow a portion of the building and parking lot to encroach into the 300-foot buffer zone of the Poudre River and to allow more than 125 feet of the building to parallel the river. See Sections 3.4.1(E)(2)(Buffer Zone Performance Standards) and Section 4.16(D)(3)(a)(3) (Frequent Views/Access). The proposed structure would encroach into the Poudre River buffer zone more than the allowable 20%. In addition, the length of the proposed building parallel to the Poudre River would exceed the maximum of 125 feet established by the Land Use Code, as it existed in February of 2003. These Council -approved Modifications were valid for one year after approval. However, on June 17, 2003, the City Council by ordinance amended Section 4.16(D)(3)(a)(3) pertaining to the allowable length of a building along the river. This amendment effectively eliminated the restriction on the property for which one of the Modifications of Standard was approved, thus rendering the Modification related to building length unnecessary to permit the proposed building. A neighborhood information meeting was held on October 23, 2003. Minutes from this meeting are attached to the Staff Report. Increased traffic on Lincoln Street was the primary issue raised at the neighborhood informational meeting. ZONE DISTRICT: The parcel is zoned within the C-C-R, Community Commercial — Poudre River zoning district. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notice mailed, and notice published. RCW\57069\461907.1 City of Fort Collins Commt y Planning and Environmental _rvices Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT: December 17, 2003 In -Situ, Inc. Project Development Plan — #46-02A APPLICANT: Craig and Chris McKee c/o V-F Ripley and Associates 401 West Mountain Avenue Fort Collins, Colorado 80521 OWNER: Craig and Chris McKee In=Situ, Inc. P.O. Box I Laramie, Wyoming 82073 HEARING OFFICER: Robert C. Widner, Esq. Gorsuch Kirgis LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 SUMMARY OF HEARING OFFICER DECISION: Approval without condition. PROJECT DESCRIPTION AND PROJECT BACKGROUND: The applicant and owner seek approval of a Project Development Plan (" PDP") for a newly constructed 59,300 square feet, two-story building. The property is located on the south side of East Lincoln Street and on the north side of the Poudre River. The Hydro Construction Company and Team Petroleum are immediately adjacent property uses on the east and vtiest of the project site. The project site is approximately 4.5 acres in size zoned C-C-R, Community Commercial — Poudre River. The proposed new building features office area for administrative and sales staff and an open workshop area for light assembly of water testing and monitoring instruments. The building and parking would be constructed in phases with Phase One being 29,300 square feet with 111 spaces and Phase Two being 30,000 square feet with 30 spaces. PXW570 5VA51907.1 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221=6750 • FAX (970) 416-2020