HomeMy WebLinkAboutTHE LEARNING EXPERIENCE AT MIRAMONT OFFICE PARK - PDP - PDP130023 - DECISION - FINDINGS, CONCLUSIONS & DECISIONCITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: March 18, 2014
PROJECT NAME: The Learning Experience at Miramont Office Park Project
CASE NUMBER: PDP130023
APPLICANT: Adam Rubenstein
Fort Collins Development Co., LLC
5150 East Yale Circle, Suite 400
Denver, CO 80222
OWNER: Miramont Office Park, LLC
4901 Hogan Drive
Fort Collins, CO 80525
HEARING OFFICER: Kendra L. Carberry
PROJECT DESCRIPTION: This is a request for approval of a Project Development Plan
(PDP) for the Learning Experience at Miramont Office Park, with one modification of standard to
reduce the size of the outdoor play area. The project is located at 4775 Boardwalk Drive and
encompasses two parcels, totaling 70,289 square feet or 1.61 acres. The PDP proposes a 10,000
square feet building and 4,524 square feet of outdoor play area to be used as a Child Care Center.
SUMMARY OF DECISION: Approved
ZONE DISTRICT: Harmony Corridor District (H-C)
HEARING: The Hearing Officer opened the hearing at approximately 5:30 p.m. on March 18,
2014, in Conference Room A, 281 North College Avenue, Fort Collins, Colorado.
EVIDENCE: During the hearing, the Hearing Officer accepted the following evidence:
(1) Planning Department Staff Report; (2) application, plans, maps and other supporting
documents submitted by the applicant (the Land Use Code (the "Code"), the Comprehensive Plan
and the formally promulgated polices of the City are all considered part of the record considered
by the Hearing Officer).
TESTIMONY: The following persons testified at the hearing:
From the City: Noah Beals
From the Applicant: Adam Rubenstein
From the Public: N/A
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FINDINGS
1. Evidence presented to the Hearing Officer established the fact that the hearing was
properly posted, legal notices mailed and notice published.
2. The PDP complies with the applicable General Development Standards contained in
Article 3 of the Code.
a. The PDP complies with Section 3.2.1, Landscaping and Tree Protection, because:
the tree mitigation plan was approved by the City Forester; existing street trees will be
preserved; and three trees on the property will be relocated.
b. The PDP complies with Section 3.2.2, Access, Circulation and Parking, because:
the PDP includes sidewalk connections extending to Boardwalk Drive, to the adjacent
office building, and to a pedestrian path connecting with the neighborhood to the west;
bicycle parking is provided near the building's main entrance, but separated from the
motor vehicle parking; the parking and circulation was already established, with the only
improvements being new crosswalk striping in the drive aisle, which will alleviate
potential vehicle and pedestrian conflicts; and the requirements for parking spaces and
dimensions are satisfied.
c. The PDP complies with Section 3.2.4, Site Lighting, because: the photometric plan
complies with the average minimum foot-candles for parking areas and building
surrounds; and the one type of light fixture being added to the site includes a light source
that is down directional and fully shielded.
d. The PDP complies with Section 3.4.1, Natural Habitats and Features, because the
property does not include any natural areas, habitats, or features within, or 500' outside of
its boundaries.
e. The PDP complies with Section 3.5.3, Institutional and Commercial Buildings,
because: the building provides a play yard, an increase in the number of trees and variety
in landscaping, all compensating for the lack of compliance with the 15' of the right-of-
way build-to-line requirement; the building elevations provide a recognizable base and top
treatment; and the overall design provides variation in massing.
f. The PDP complies with Section 3.6.3, Street Pattern and Connectivity Standards,
because the PDP maintains the two vehicle access points to Boardwalk Drive and the drive
aisle internal to the site.
g. The PDP complies with Section 3.6.4, Transportation Level of Service
Requirements, because the vehicular, pedestrian and bicycle facilities are consistent with
the standards contained in Part II of the City's Multimodal Transportation Level of Service
Manual.
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3. The PDP complies with the applicable standards contained in Article 4 of the Code for the
H-C zone district.
a. The PDP complies with Section 4.26(B), Permitted Uses, because a child care
center is a permitted use in the H-C zone district.
b. The PDP complies with Section 4.26(D)(3)(a), Land Use Standards, because the
proposed building is 1 story in height, below the 6-story maximum.
c. The PDP complies with Section 4.26(E)(1)(b), Development Standards, because
the PDP complies with the H-C District Plan and the H-C Design Standards.
4. The Modification of Standard meets the applicable requirements of Section 2.8.2(H) of the
Code.
a. The Modification would not be detrimental to the public good.
b. The PDP will promote the general purpose of Section 3.8.4(A) equally well or
better than a plan which complies with Section 3.8.4(A), because the proposed outdoor
play area provides enough square footage for those children using the area at one time.
c. The standard is intended to provide enough outdoor play area for the children who
are using the area at one time. Although the center will have a capacity of 170 children,
the applicant has stated that at most only 56 children would be using the outdoor play area
at one time, which is equal to the 33% of the total capacity of the center. The applicant's
proposal to provide 75 square feet of outdoor play area for 33% of the total child capacity
is sufficient outdoor play space tailored to the applicant's specific operations.
DECISION
Based on the foregoing findings, the Hearing Officer hereby enters the following rulings:
1. The PDP and Modification of Standard are approved as submitted.
DATED this 26
th
day of March, 2014.
_____________________________________
Kendra L. Carberry
Hearing Officer
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