HomeMy WebLinkAboutMARCH, OLIVE & PHARRIS, LLC LAW OFFICES - PDP - PDP140008 - DECISION - FINDINGS, CONCLUSIONS & DECISION (3)1
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CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: June 11, 2015
PROJECT NAME: March, Olive & Pharris LLC Law Offices
CASE NUMBER: PDP140008
APPLICANT: MaOLPH LLC
Brad March
110 East Oak Street, Suite 200
Fort Collins, CO 80524
OWNER: Joshi and Pass Ltd.
1401 Linden Lake Road
Fort Collins, CO 80524
HEARING OFFICER: Kendra L. Carberry
PROJECT DESCRIPTION: This is a request for approval of a Project Development Plan
(PDP) for the law offices of March, Olive & Pharris, LLC, located on the east side of South
College Avenue between Pitkin and Lake Street. The PDP changes the use of an existing
structure from a single-family residential to office, removes and replaces 3 trees, adds fencing,
increases the number of off-street parking spaces to 10, and adds 5 bicycle parking spaces.
SUMMARY OF DECISION: Approved with conditions
ZONE DISTRICT: Community Commercial (C-C)
HEARING: The Hearing Officer opened the hearing at approximately 5:00 p.m. on June 11,
2015, 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; and (3) an email dated July 21, 2014, with an attached
letter, from Cynthia McCrery (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, Kimberly Schutt, Martina Wilkinson
From the Applicant: Brad March
From the Public: Jim Wurst, Cynthia McCrery, Paul Matonis, Neil Wiler, Tom Peck
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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:
3 of the 6 existing trees are preserved and protected; pavers will be installed in the new
parking area; a 3' metal fence with ivy extends the full length of each parking stall along
the north and south property line; and juniper bushes are being replanted in the front of the
building.
b. The PDP complies with Section 3.2.2, Access, Circulation and Parking, because:
all access points currently established will be maintained; the PDP includes 10 parking
spaces, less than the maximum; and the PDP includes 5 new bicycle spaces.
c. The PDP complies with Section 3.2.4, Site Lighting, because no changes are
proposed to the existing site lighting.
d. The PDP complies with Section 3.2.5, Trash and Recycling Enclosures, because
space in the existing garage will be used as the trash and recycling storage area.
e. The PDP complies with Section 3.4.7, Historic and Cultural Resources, because the
Landmark Preservation Commission and History Colorado found that the property would
qualify for their respective historic designations, and the Historic Preservation Planner
determined that the PDP complies with applicable historic preservation standards.
f. The PDP complies with Section 3.5.3, Commercial Buildings – Relationship of
Buildings to Streets, Walkways, and Parking, because the PDP includes a widened
walkway connecting the primary entrance to the sidewalk, and the vehicle use areas are on
the side and rear of the building.
3. The PDP complies with the applicable standards contained in Article 4 of the Code for the
Community Commercial (C-C) zone district.
a. The PDP complies with Section 4.26(A) and (B), Permitted Uses, because an office
use is permitted in the C-C zone district.
4. A 1978 recorded agreement between the owners of the properties of 1304, 1312, and 1318
South College Avenue and the City (the "1978 Agreement") provided that, if the use of 1312
South College Avenue changed to a nonresidential use, the driveway access on South College
Avenue would be eliminated and the property would take access from a shared driveway on the
property of 1318 South College Avenue. The 1978 Agreement also required that existing
landscaping be preserved unless otherwise approved by the City. The PDP will remove one tree
identified in an exhibit to the 1978 Agreement to be preserved, and the PDP continues access from
the existing driveway on 1312 South College Avenue. However, the evidence presented at the
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hearing demonstrates that a quiet title action concerning the 1978 Agreement is pending in the
Larimer County District Court, Case No. 2014CV30549, and the parties to that case are ready to
settle the case by terminating the 1978 Agreement, pending this decision. The evidence also
demonstrated that the City has no objection to the removal of the tree, and even with the 1978
Agreement in effect, the tree is eligible for removal with City approval.
DECISION
Based on the foregoing findings, the Hearing Officer hereby enters the following rulings:
1. The PDP is approved as submitted with the following conditions:
a. The approval shall be effective only upon a court order, in the case known as Joshi
and Pass Ltd., et al. v. Swan Lake Trust, et al., Case No. 2014CV30539, Larimer County
District Court, terminating the 1978 Agreement;
b. The landscape plan shall be revised to include the 3' metal fence and ivy extending
along the north side of the parking stall labeled Parking Stall 1; and
c. The parking table on sheet S1 shall be revised to reflect the correct number of off-
street parking spaces (10).
DATED this 15
th
day of June, 2015.
_____________________________________
Kendra L. Carberry
Hearing Officer