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Home My WebLink AboutMARCH, OLIVE & PHARRIS, LLC LAW OFFICES - PDP - PDP140008 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS (3)ITEM NO PDP140008 MEETING DATE June 11, 2015 STAFF Noah Beals ADMINISTRATIVE HEARING OFFICER Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580 fcgov.com/developmentreview/ 970.221.6750 STAFF REPORT PROJECT: March, Olive & Pharris LLC Law Offices Project Development Plan, #PDP140008 APPLICANT: MaOIPH LLC Contact: 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 PROJECT DESCRIPTION: This is a request for approval of Project Development Plan (PDP) March, Olive & Pharris LLC Law Office, PDP140008. The project is located on the east side of S College Ave between Pitkin and Lake Street. The project changes the use of an existing structure from single family dwelling to office. With this change, the number of off-street parking spaces increases to 10. Additionally, 5 bicycle parking spaces are included. The site is zoned Community Commercial (C-C), and office use is permitted subject to an administrative (Type 1) review (Land Use Code Section 4.18(B)(2)(c)). RECOMMENDATION: Staff recommends the approval of Project Development Plan (PDP) March, Olive & Pharris LLC Law Office, PDP140008, with the following conditions that the Final Plan is not approved until: • A decree from the court, in the case known as Joshi and Pass LTD et.al. v. Swan Lake Trust et.al. 2014CV30539 District Court, Larimer County, Colorado, terminates the 1978 agreement. • The landscape plan illustrates the 3ft metal fence and ivy extending along the north side the parking stall labeled Parking Stall 1. • The parking table on sheet S1 is revised with the correct number of off-street parking spaces EXECUTIVE SUMMARY: The March, Olive & Pharris LLC Law Office Project Development Plan complies with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically: March, Olive & Pharris LLC Law Offices PDP #PDP140008 Type 1 June 11, 2015 Page 2 • The Project Development Plan is in compliance with the process located in Division 2.2 – Common Development Review Procedures for Development Applications of Article 2 – Administration. • The Project Development Plan is in compliance with the relevant standards located in Article 3 – General Development Standards. • The combined Project Development Plan is in compliance with the relevant standards located in Division 4.18 Community Commercial District (C-C) of Article 4 – Districts. COMMENTS: 1. Background: Historically the following approvals have been granted to the property: • L.C. Moore’s First Addition (annexation and plat) – July 1921 The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Use North Community Commercial (C-C) Commercial Use: The Healing Path South Community Commercial (C-C) Commercial Use: Multi-Tenant Business Building East Community Commercial (C-C) Public Right-of-Way: Alley Community Commercial (C-C) Residential: Single Family Dwellings West Community Commercial (C-C) Public Right-of-Way: S College Ave/US Highway 287 College Campus, Not zoned Colorado State University Zoning History (most recent to past): • During the citywide rezoning in 1997, the property was rezoned to Community Commercial (C-C). This zoning remains in effect today. • The property was rezoned to High Density Residential (RH) sometime between 1976 and1986. March, Olive & Pharris LLC Law Offices PDP #PDP140008 Type 1 June 11, 2015 Page 3 • The City Zoning Code was update in 1965 with new zone districts. At that time, the property was rezoned to Low Density Residential (RL). • In 1929, upon adoption of City Zoning Code the property was zoned “A” Residence. 2. Compliance with Article 4 of the Land Use Code – Community Commercial (C-C): The project complies with all applicable Article 4 standards as follows: A. Section 4.26(A) and (B) – Permitted Uses • The purpose of the C-C zone district is to encourage a combination residential and non-residential uses. The office use is consistent with the purposes and is a permitted use within this district. 3. Compliance with Article 3 of the Land Use Code – General Development Standards The project complies with all applicable General Development Standards; with the following relevant comments provided: A. Division 3.2 – Site Planning and Design Standards 1) 3.2.1 Landscaping and Tree Protection: • The existing landscaping includes the typical elements associated with a single family dwelling. The project is preserving 3 of the 6 existing trees. However, with an increase in parking area and new public right-of-way dedication the landscaping changes include the removal of 3 trees and some grass areas. • To reduce the impact of the new parking area it is surfaced with a product called grasscrete. Grasscrete is a paver system that allows for vegetation to grow in designed voids in the pavers. For this project the vegetation is intended to be a deep rooted fescue. • Parking areas are required to provide a landscape setback of 5 ft. from an interior property line. This project has new parking areas that extend within 1 foot or less of the interior property lines. To meet the alternative compliance of this landscape requirement, the project has included a 3 ft. high metal fence with ivy to be planted along the fence. The fence and ivy extend the full length of each parking stall along the north and south property line. • Additionally, the project is replanting some juniper bushes in front of the building. Previous caretakers of the property removed bushes that were in this location. March, Olive & Pharris LLC Law Offices PDP #PDP140008 Type 1 June 11, 2015 Page 4 2) 3.2.2 Access, Circulation and Parking: • All access points currently established are maintained. The project includes driveway and sidewalk that extend to S College Ave. These improvements seek to enhance the safety conditions of the sidewalk and driveway by widening both. • Parking conditions of the site change. The garage structure is converted into office use and surface parking stalls are added. A total of 10 parking stalls are provided, with one of these being a van accessible handicap space. • At the time of submittal the parking requirements of the Land Use Code did not include a minimum number of parking spaces. It did include and a maximum number of spaces. The maximum number of spaces is based on the total square footage of the buildings, it allows 3 parking space for 1,000 square feet. The square footage of the building is approximately 4,000 square feet. This project only includes 10 spaces, which is less than the maximum of 12. • The project includes 5 new bicycle spaces located on the north side of the building. 3) 3.2.4 Site Lighting: • The project includes no changes to the existing site lighting. 4) 3.2.5 Trash and Recycling Enclosures: • To meet the trash and recycling enclosure requirement, space in the existing garage structure has been designated as the trash and recycling storage area. B. Division 3.4.7 – Historic and Cultural Resources 1) 3.4.7(A) & (B) Historic: • The Landmark Preservation Commission found the property would qualify for designation. • History Colorado has also found the property would qualify for National and State Register listing. • The Historic Preservation Planner reviewed the plans for compliance with the applicable historic preservation standards and found the project to be in compliance with the applicable historic preservation standards. C. Division 3.5.3 – Commercial Buildings March, Olive & Pharris LLC Law Offices PDP #PDP140008 Type 1 June 11, 2015 Page 5 1) 3.5.3 Relationship of Buildings to Streets, Walkways, and Parking • Commercial buildings are required to have a connecting walkway from the main entrance of the building to the public sidewalk. As mentioned before the sidewalk location will not change with this project, but the sidewalk will be widened. The sidewalk provides direct connection from the public sidewalk to the main entrance of the building. • In promoting multi-modal transportation, commercial buildings are required to be built within a certain distance to the public right-of-way. Additionally, vehicle use areas are prohibited between the building façade and the public right-of-way. Since this is an existing structure, the build-to-line is not applicable, but the prohibition of vehicle use area between the building and the public right-of-way is. This project introduces new vehicle use areas. The new areas are to the side and the rear of the buildings, in compliance with the standard. 3. 1978 Agreement A. The 1978 Agreement was signed by the owners of the properties of 1304, 1312, and 1318 S College Ave and the City Manager, at that time. In summary the agreement conditioned the change of use of 1312 S College Ave. It stipulated that if 1312 S College changed to a nonresidential use that the driveway access on S College Ave would be eliminated and the property would take access from a shared driveway on the property of 1318 S College Ave. The agreement also identified existing landscaping that should be preserved. The project as shown would not meet the conditions of the 1978 Agreement. Specifically, it removes a tree that was identified to be preserved and continues access from the existing driveway. After reviewing the project, City staff does not object to the access of the property continuing from the existing driveway and the removal of the tree. 4. Findings of Fact/Conclusion After evaluating the request for the Project Development Plan, March, Olive & Pharris LLC Law Office, Staff makes the following findings of fact: A. The combined PDP/FP complies with all applicable administrative standards contained within Article 2 of the Land Use Code. B. The combined PDP/FP complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. C. The combined PDP/FP complies with all applicable district standards of Section 4.18 of the Land Use Code, C-C — Community Commercial District. March, Olive & Pharris LLC Law Offices PDP #PDP140008 Type 1 June 11, 2015 Page 6 RECOMMENDATION: Staff recommends approval of the of Project Development Plan, March, Olive & Pharris LLC Law Office,- #PDP140008, with the following conditions that the Final Plan is not approved until: • A decree from the court, in the case known as Joshi and Pass LTD et.al. v. Swan Lake Trust et.al. 2014CV30539 District Court, Larimer County, Colorado, terminates the 1978 agreement. • The landscape plan illustrates the 3ft metal fence and ivy extending along the north side the parking stall labeled Parking Stall 1. • The parking table on sheet S1 is revised with the correct number of off-street parking spaces ATTACHMENTS: 1. Plan set 2. Planning Objectives 3. Emails from Citizens 4. 1978 Agreement