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Home My WebLink AboutLEVON'S 2ND PHASE, WAREHOUSE & OFFICE BUILDING - MAJOR AMENDMENT - 19-96D - DECISION - FINDINGS, CONCLUSIONS & DECISIONNIA ./- T- 5 J— ,�avc ScMtil�., M 11'o✓J' !`� �e�� c� I (SO✓� Odc)v-e- Ss Levon's Warehouse and Office Building PDP Major Amendment Administrative Hearing Findings, Conclusions, and Decision December 10, 2001 Page 4 of 4 and the proposed site circulation pattern incorporating a second drive aisle, will reduce the potential for vehicular conflicts between the different site users. Appeals were made regarding the potential dangers of siting a school so close to an existing rail line. Admittedly, there is some potential for conflicts, however, these conflicts are likely to be less than that of a school sited next to a street. Train speeds and frequency of train traffic on this section of line would not likely generate unreasonable and significant volumes particularly when compared to the relatively high volumes and speeds of vehicular traffic travelling on public streets. The play area will also be fenced, reducing the likelihood of children to enter the railroad tracks. Lastly, there was an expressed concern that limited space for vehicles stacking behind the stop sign west of the railroad tracks may cause a conflict with vehicles exiting the site, heading eastbound. The Hearing Officer concludes that the staggering of pick-up/drop-off times will greatly reduce the likelihood of significant conflict at this area. SUMMARY OF CONCLUSIONS A. The Project Development Plan Major Amendment is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Project Development Plan Major Amendment satisfies the development standards of the CN zoning district. C. The Project Development Plan Major Amendment, complies with all applicable General Development Standards contained in Article4.18 of the Land Use Code. D. Future development of the property will be required to meet Land Use Code Division 2.7 BUILDING PERMITS. DECISION The Levon's 2"d Warehouse and Office Building Project Development Major Amendment, #19-96D, is hereby approved by the Hearing Officer without condition. Dated this 20th day of December 2001, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron GI Current Plan ling Director Levon's Warehouse and Office Building PDP Major Amendment Administrative Hearing Findings, Conclusions, and Decision December 10, 2001 Page 3 of 4 The proposed development is adjacent to the following surrounding zoning and land uses: N: LMN — Hickory Street, Hickory Mobile Home Park, Union Pacific Railroad right-of-way and tracks; CN — existing industrial uses; E: CN - Union Pacific Railroad right-of-way and tracks, vacant land; S: POL — Work Center for Roosevelt National Forest, Salyer Natural Area; and W: CN — The city owned Hickory Trail, Rural residential property with horses, Industrial Uses. 1. Compliance with Article 4 and the CN Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the CN Zoning District. The Staff Report summarizes the PDP's compliance with these specific standards and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with Article 4 or the CN District Standards. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable requirements of Article 3 including all off-street parking requirements. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to other refute the compliance with Article 3. Testimony was offered at the hearing by neighboring business owners concerning the anticipated and feared impacts of the proposed child care center and private school and its design on the existing business operations within the first phase of the Levon's Warehouse and Office development. These impacts included sufficiency of off-street parking, vehicular conflicts during peak times of school pickup/drop-off times, increased difficulty for truck circulation, and conflicts with the adjacent railroad tracks to the east. The common issue raised involved adverse traffic circulation conflicts both on - site and immediately off -site. It was an expressed fear of the opponents that a significant number of trucks make deliveries to existing businesses in the development and this type of use would create traffic congestion and an unreasonable hazard for children. The weight of the evidence, however, indicated that the staggering of the care center/school pick-up and drop-off times Levon's Warehouse and Office Building PDP Major Amendment Administrative Hearing Findings, Conclusions, and Decision December 10, 2001 Page 2 of 4 The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:05 p.m. on December 10, 2001 in Conference Rooms C and D at 281 North College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE 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 representatives to the City of Fort Collins; (3) a sign up sheet of persons attending the hearing and citizens speaking in favor of or against the application; and (4) a tape recording of testimony provided during the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting From the City: Troy Jones, City Planner Dave Stringer, Development Review Engineer From the Applicant: Charles Maserlian, Applicant/Owner Dave Schulman, private school representative Greg Fischer, Architect From the Public: Dan and Peggy Wilson, 315 Hickory Street #2 Joe Marcisofsky, 318 E. Oak Written Comments: None FACTS AND FINDINGS The property was annexed into the City of Fort Collins as part of the North College Avenue Consolidated Annexation in December of 1959. .- City of Fort Collins Community Planning and Environmental . ervices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT/OWNER: HEARING OFFICER: December 10, 2001 Levon's 2"d Warehouse and Office Building Major Amendment # 19-96 D Charles Maserlian Fort Collins Truck Sales 700 N. College Ave. Fort Collins, CO 80524 Cameron Gloss Current Planning Director PROJECT DESCRIPTION: The applicant is proposing to change the permitted uses occupying the approved 20,000 square foot Levon's 2"d office/warehouse building to additionally allow a childcare center and a private school. The site is located in the 300 block of West Hickory Street. The property is bounded by Hickory Street on the north, the Union Pacific Railroad track and right-of-way on the east, Hemlock Street on the south, and regional bicycle trail on the west. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: Commercial — North College (CN) STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020