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Color Pro Remodel
Administrative Hearing
Findings, Conclusions, and Decision
April 14 2005
Page 5 of 5
SUMMARY OF CONCLUSIONS
A. The Color Pro Remodel Project Development Plan is subject to administrative
review and the requirements of the Land Use Code (LUC).
B. The Color Pro Remodel Project Development Plan complies with all applicable
District Standards contained in Article 4 of the Land Use Code
C. The Color Pro Remodel Project Development Plan complies with all applicable
General Development Standards contained in Article 3 of the Land Use Code.
DECISION
The Color Pro Remodel Project Development Plan, #10-05, is hereby approved by the
Hearing Officer subject to the following condition.
The Applicant shall, subject to the review and approval of the City of Fort Collins Utility
Department, amend the landscape plan to include shrubs and/or vegetative
groundcovers within the five foot -wide strip abutting the southwest property line.
Dated this 2nd day of May 2005, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Cameron Gloss
Current Plannin irector
Color Pro Remodel
Administrative Hearing
Findings, Conclusions, and Decision
April 18, 2005
Page 4 of 5
The parking lot is located behind and next to the building and an existing six foot -
high cedar stockade fence is located adjacent to the LMN zone district to the
southwest and the adjacent commercial property to the northeast.
There was considerable discussion at the hearing from a neighboring resident
regarding the fence that lies in between the parking area and adjacent lots to the
south, relative to its design and materials. The applicant stated for the record that
the fence will be replaced by a new fence of similar design and of the same
materials.
Upon review of the parking area perimeter landscaping requirements, it was
determined that landscape materials would need to be provided next to the fence
along the south property line in order to be compliant with Section 3.3.1(E)(4).
Since this entire strip of land is encumbered by a utility easement, the Hearing
Officer will add a condition that landscape materials be added to this area at the
discretion of the City of Fort Collins Utilities Department.
Parking and Access. The staff report outlines the Project's compliance with
Section 3.2.2 concerning access, circulation and parking. A total of 4 bicycles will
be accommodated in a proposed rack, which provides a bicycle parking in the
amount of 29% of the on -site parking spaces where a maximum of 5% is
required. Direct, safe and convenient vehicular, bicycle and pedestrian
movements are provided within and through the property. Off-street parking is
less than the maximum permitted for non-residential uses within the E district.
Therefore, based on the evidence presented at the hearing, and the condition of
approval added by the Hearing Officer, the Project complies with Section 3.2.2 of
the LUC.
B. Division 3.3, Engineering Standards
One (1) additional foot of right-of-way will be dedicated by the applicant by
separate instrument that will bring the Riverside Avenue right-of-way width to
standard.
C. Division 3.5, Building Standards
The existing one-story building, with an internal mezzanine, is well below the
maximum 4-story building height permitted within the district.
Color Pro Remodel
Administrative Hearing
Findings, Conclusions, and Decision
April 18, 2005
Page 3 of 5
FACTS AND FINDINGS
1. Compatibility with Surrounding Uses:
The surrounding zoning and land uses are as follows
N:
I;
commercial/office/retail
S:
LMN;
residential
E:
E; I;
commercial/office/retail
W:
E; LMN
commercial/office/retail residential
The property was annexed into the City in June 1967 as part of the First Lemay
Annexation.
The property was platted as part of the Riverside Subdivision approved by the
City Council in February, 1973.
2. Compliance with Article 4 and the E Zoning District Standards:
The proposed print shop use is permitted within the Employment zone district
subject to administrative review. Color Pro Printing presently operates just north
of the proposed location and also within the E zone district.
There are no other Land Use or Design Standards within Article 4 that are
applicable to the development.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
The PDP complies with all applicable General Development Standards, more
specifically as follows:
A. Division 3.2 Site Planning and Design Standards
Landscaping and Tree Protection. The staff report outlines the Project's
compliance with Section 3.2.1 concerning the installation of trees and
landscaping. All trees necessary to satisfy the full tree stocking requirements
and street tree requirements have been provided.
Color Pro Remodel
Administrative Hearing
Findings, Conclusions, and Decision
April 18, 2005
Page 2 of 5
properly posted, legal notices mailed and notice
published.
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 2:30 p.m. on April 18, 2005 in Conference Room A at 281 N.
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;
and (3) 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:
Steve Olt, City Planner
From the Applicant:
Mark Johnson and Laurene Rogers, owners
Don Shields, Architect
From the Public:
Steve Hood, 3501 S. Stover #7-153
Susan Day, 1134 McHugh Street
Written Comments:
None
Community Planning and Environmental Services
Current Planning
Citv of Fort Collins
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: April 18, 2005
PROJECT NAME:
CASE NUMBER:
OWNER:
APPLICANT:
HEARING OFFICER:
PROJECT DESCRIPTION:
Color Pro Remodel, 1437 Riverside
Avenue, Project Development Plan
#10-05
Mark Johnson & Laurene Rodgers
1819 Locust Court
Fort Collins, CO 80524
Whickham Gustafson Architects
c/o Don Shields
1449 Riverside Avenue
Fort Collins, CO 80524
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to remodel an existing 3,918 square foot building
and change the use from a medical/dental office to a commercial print shop.
Improvements will include interior and exterior building remodeling, and landscaping
intended to bring the site up to present City standards. The project is located at 1437
Riverside Avenue, between McHugh and Montgomery Streets.
SUMMARY OF HEARING OFFICER DECISION: Approval, with conditions
ZONING DISTRICT: E-Employment
STAFF RECOMMENDATION: Approval
NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established
no controversy or facts to refute that the hearing was
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020