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HomeMy WebLinkAboutNEW BELGIUM BREWERY, PROCESS WATER FACILITY - PDP - 1-95D - DECISION - FINDINGS, CONCLUSIONS & DECISION4 V. i l! i ''� �} oi''►� -So 2- H�TI vE- H_ E/�►R �w G ------- --- �-- -/VEl✓ -DEL G� � �"�- --13 iCEt,./E� % �'X PA/►L J'io^/ --------- 1 TE.D _ J'H�Pg�-�---�U�C.�6.N__? �c-.9�✓svi.vG---��'�% - - 2- 2 Kas -- _ � ��kT2-�cc�t�ocrGK__ i�b�.�r-t-1- s-r�rz-. �s��ra•---------- — --------------------------- --- - New Belgium Brewery Expanb,un-Process Water Facility PDP Administrative Hearing July 18, 2001 Page 8 of 8 A. The New Belgium Brewery Expansion, Process Water Facility, Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The proposed land uses comply with the New Belgium Overall Development Plan. C. The New Belgium Brewery Expansion, Process Water Facility, Project Development Plan complies with the Development Standards for the Industrial zoning district. D. The New Belgium Brewery Expansion, Process Water Facility, Project Development Plan complies with the General Development Standards of the Land Use Code. E. Future development of the property will be required to meet Land Use Code Division 2.6 DEVELOPMENT CONSTRUCTION PERMITS; and, Division 2.7 BUILDING PERMITS. DECISION Based on the findings and conclusions, the request for the New Belgium Brewery Expansion, Process Water Facility, Project Development is approved subject to the following condition: 1. The Applicant shall provide a letter, acceptable to the City Engineer, clarifying the location of street phasing for future improvements to Buckingham Street, prior to submittal for any building permits for new construction. Dated this 25th day of July 2001, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Glo Current Plann ng Director New Belgium Brewery Expana.on-Process Water Facility PDP Administrative Hearing July 18, 2001 Page 7 of 8 Facility. The sidewalk will be constructed along this distance in phases. Phase One will be constructed no later than June 30, 2002. Phase Two will be constructed no later than June 30, 2006. In any event, a subsequent P.D.P. along Buckingham would trigger sidewalk improvements in conjunction with any new development if it occurs prior to these deadlines. Funds needed to widen of the north half of Buckingham Street will be escrowed in accordance with Section 3.3(E) and codified in a Development Agreement. E. Emergency Access There will be two points of access, one from Buckingham Street and one from Linden Street. In addition, the building containing the chemical storage tanks will be equipped with an automatic fire extinguishing system. FINDINGS OF FACT In evaluating the request for New Belgium Brewery Expansion, Process Water Facility, P.D.P., Staff makes the following findings of fact: A. The proposed land use is in compliance with the approved Overall Development Plan. B. The proposed land use is considered light industrial and is permitted in the Industrial zone district as an administrative review. C. The P.D.P. satisfies the Development Standards of the Industrial zone district. D. The P.D.P. complies with the applicable General Development Standards. STAFF RECOMMENDATION Staff recommends approval of New Belgium Brewery Expansion, Process Water Facility, P.D.P., #1-95D. FINDINGS AND CONCLUSIONS After reviewing the staff report and the record of the public hearing, the Hearing Officer makes the following findings and conclusions: New Belgium Brewery Expansion -Process Water Facility PDP Administrative Hearing July 18, 2001 Page 6 of 8 western portion of Lot One will remain undisturbed. Street trees along Buckingham will be planted in the future at the time the street is widened and sidewalk installed. Section 3.2.1(E)(1) requires that: "Buffering Between Incompatible Uses and Activities. In situations where the Director determines that the arrangement of uses or design of buildings does not adequately mitigate conflicts reasonably anticipated to exist between dissimilar uses or building designs, one (1) or more of the following landscape buffering techniques shall be used to mitigate the conflicts. As mentioned, there is 570 feet on the western portion of Lot One that is adjacent to the R-L zone. Even thought the proposed development is west of this adjacency, the berms and landscaping are designed and oriented to buffer the residential area. The berms achieve a height of ten feet which is higher than the water surface elevation of the ponds. The evergreen trees will be planted on the berms. This buffering will mitigate any potential conflicts between the Treatment Facility and the neighborhood. There are three existing trees that will be removed as a result of this P.D.P. As mitigation, four 3-inch caliper shade trees will be planted as per the recommendation of the City Forester. B. Access, Circulation and Parking The Treatment Facility will require the attention of one or two employees on a daily basis. For this reason, there is no new circulation system for vehicles, bicycles, pedestrians or transit. Access to the site will be via internal service roads that are not available to the public. In fact, these service roads will be gated for security purposes. C. Site Lighting Security lighting will be down directional. All lighting is internal to the property. There will be no illumination cast beyond the property line. D. Required Improvements Prior to Issuance of Certificate of Occupancy There is approximately 2,596 feet of frontage along Buckingham Street which is presently not improved to the collector street standard. Since the Treatment Facility will generate no new employees and is closed to the public, the required public improvements along Buckingham will be phased in over a time frame not to exceed five years. Presently, the existing sidewalk on the north side of Buckingham Street terminates at the eastern edge of the existing brewery, near the intersection with First Street. There is approximately 1,583 feet of street frontage to the eastern property line of Treatment New Belgium Brewery Expans.on-Process Water Facility PDP Administrative Hearing July 18, 2001 Page 5 of 8 Lot One is 1,583 feet in length along Buckingham Street. Only the westerly 570 feet are adjacent to the Buckingham neighborhood zoned R-L, Low Density Residential. There is no development within this 570 feet. In fact, the western edge of the proposed development is an additional 320 feet east of the R-L zone district boundary line. Even though there is no land development directly adjacent to the R-L zone, the P.D.P. provides for landscape berms that achieve an overall height of ten feet between Buckingham Street and the Treatment Facility. The landscaping consists of clusters of evergreen trees to provide year-round screening. This combination of separation, earthen berming and landscaping sufficiently screens the Treatment Facility from the R- L zone. Section 4.23(E)(3)(a)(3) requires that: "A minimum eighty -foot deep landscaped yard shall be provided along any boundary line that adjoins a residential land use or a zone district (whether within or beyond the city's jurisdictional boundary) that is predominately characterized by residential uses as permitted uses. This residential buffer yard may be reduced to thirty (30) feet if the adjoining residential land use or zone district (whether within or beyond the city's jurisdictional boundary) is separated by a public street. Buckingham Street represents the zone district boundary line between the Industrial and Low Density Residential zones. As mentioned, there is 570 feet on the western portion of Lot One that abuts this zone district boundary line. In the area of this 570 feet, there is no land development. Therefore, the requirement for an 80-foot deep landscaped yard is satisfied. Section 4.23(E)(3)(b)(1) requires that: "Storage, loading and work operations shall be screened from view along all district boundary lines along all public streets." As mentioned, Buckingham Street represents a district boundary line along a public street for Lot One. The storage, loading and work operations for the Treatment Facility are located on the northern portion of the site, not along Buckingham Street. For Lot Two, a future P.D.P. will be required as this tract is only being platted, not developed, at this time. 3. Compliance with Applicable General Development Standards: A. Landscaping and Tree Protection The primary purpose of the landscape plan is to screen the open ponds from Buckingham Street by use of earthen berms and evergreen trees. Existing trees on the New Belgium Brewery Expanwon-Process Water Facility PDP Administrative Hearing July 18, 2001 Page 4 of 8 2.) A Major Amendment to allow 16 fermentation tanks up to a height of 50 feet was approved in July of 1997. 3.) A Minor Amendment to allow construction of a 4,000 square foot central utility plant was approved in September of 1997. 4.) A Project Development Plan for brewery, office, warehouse and parking expansion on an additional 2.63 acres was approved in October of 1997. 5.) Six Minor Amendments have been approved between October of 1998 and February of 2000. 6.) An Overall Development Plan on the entire .49 acre site was approved on June 21, 2001. At this time, the current brewery operations consist of approximately 125,000 square feet and takes up 7.17 acres located at the western edge of the property. The balance of the property, which is the subject of this P.D.P., remains vacant. Compliance with Overall Development Plan: The O.D.P. designated a 6.99 acre parcel as "Process Treatment Facility" in the same location as indicated on the P.D.P. The P.D.P., therefore, is in compliance with the O.D.P. 2. Compliance with the Industrial Zone District: A. Land Use The proposed land use, a treatment facility for water used in the brewing process, is considered to be "light industrial' which is a permitted use subject to administrative review. B. Development Standards Section 4.23(E)(3)(a)(1) requires that: "Industrial and commercial activities shall not be located adjacent to a residential area unless the activities and related storage are contained within a building or otherwise completely screened from view of the residential area." New Belgium Brewery Expansion -Process Water Facility PDP Administrative Hearing July 18, 2001 Page 3 of 8 Public Comment: Mr. Baca stated that he has been opposed to the brewery from the time of its original construction and that the City approved the original development application despite receiving a petition signed by more than 60 neighborhood residents. He raised concern that increases in truck traffic due to past brewery expansions, and odor of the brewery operation, are adversely impacting the adjacent neighborhood. It is his opinion that the neighborhood opposes the brewery operation. Further, he expressed opposition to the process water facility proposed under this PDP application. It is his opinion that the proposed ponds will create additional odors and that conditions are particularly offensive due to the prevailing winds toward the northwest. Applicant Response: The Hearing Officer inquired about the increase in odor associated with the process water facility. The applicant responded that the majority of the odor is caused in the aerobic process and that a dome covers that particular basin. The system is sealed and there is considerable effort made to contain the odor. BACKGROUND The staff report states the following: 1. Background The surrounding zoning and land uses are as follows: N: I; Outside Storage and Vacant (City of Fort Collins Streets Facility) S: T; Vacant (Poudre Development "Oxbow" Parcel) S: R-L; Existing Single Family (Buckingham) S: I; Industrial (Phelps-Tointon Millwork and Vanworks) E: R-L; Existing Single Family (Andersonville) W: E; Existing Employment Park and Nightclub The following approvals have been granted to New Belgium Brewery: 1.) Initially approved as an I-P Site Plan Review in March of 1995 on 4.54 acres. New Belgium Brewery Expana„m-Process Water Facility PDP Administrative Hearing July 18, 2001 Page 2 of 8 STAFF RECOMMENDATION: Approval HEARING OFFICER DECISION: Approval, with conditions ZONING DISTRICT: ( I )- Industrial NOTICE OF PUBLIC HEARING: Notice of public hearing was made on July 3, 2001 by mailing to property owners within 1,000 feet of the subject property. The public hearing was advertised in the Coloradoan. PUBLIC HEARING After reviewing the Staff Report and recommendation, a public hearing was held on the subject application at 4:30 PM on July 18, 2001. The hearing was held in Conference Room A at 281 North College, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The following is a list of those who attended the meeting: From the City: Ted Shepard, Chief Planner Sheri Wamhoff, Development Review Engineer From the Applicant: Angie Milewski, BHA Design Luke Oldenburg, BHA Design Floris Delee, NBB Fred Porter, NBB Dennis Shipee, NBB Kim Jordan, NBB Patricia Kroetch, North Star Design From the Public: Tom Baca, Jr., owner and resident of 224 1st St. Written Comments: None Commi y Planning and Environmental xvices Current Planning City of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION HEARING OFFICER: Cameron Gloss Current Planning Director PROJECT NAME: New Belgium Brewery Expansion — Process Water Facility, Project Development Plan CASE NUMBER: #1-95D APPLICANT: New Belgium Brewery C/o BHA Design 4847 Innovation Drive Fort Collins, CO 80525 OWNER: New Belgium Brewery 500 Linden Street Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request for a Process Water Treatment Facility, consisting of a series of ponds and a small building, for the purpose of treating water that has been used in the brewing process. There would be chemical storage within the proposed building. The site is 42 acres in size divided between two lots. The Treatment Facility would be on Lot One. Lot Two would remain undeveloped at this time subject to a future P.D.P. The site is located on the north side of Buckingham Street between the existing brewery on the west and Lemay Avenue on the east. The parcel is bounded by the City of Fort Collins Streets Facility on the north. The site is zoned, I, Industrial. SUMMARY OF RECOMMENDATION AND DECISION: The proposed land use is considered light industrial and complies with the approved Overall Development Plan and is a permitted use in the Industrial zone district. The P.D.P. complies with Development Standards of the Industrial zone. The P.D.P. also complies with the applicable General Development Standards. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020