HomeMy WebLinkAboutWEST VINE STORAGE - PDP - PDP170016 - DECISION - HEARING OFFICER DECISION❑
HEARING DATE:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
C�
CITY OF FORT COLLYNS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
Apri126, 2018
West Vine Storage
PDP # 170016
Vine Street Storage, LLC
c/o Hattman Associates
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524 S. Loomis Street
Fort Collins, CO 80524
OWNER: Vine Street Storage, LLC
c/o Michael Rein
1050 W. Vine Drive
Fort Collins, CO 80521
HEARING OFFICER:
Marcus A. McAskin
PROJECT DESCRIPTION: This is a request for a Project Development Plan (PDP) to re-develop
1050 W. Vine Drive for an enclosed mini-storage faeility. As proposed, the facility would consist
of approximately 50,960 square feet of interior storage, 2,560 square feet of support facilities, for a
total of 53,520 square feet of new construction. The existing metal building will be retained and
incorporated into the project as well as the existing cell phone tower. The support facilities will
consist of office, maintenanee office and work space, a.n.,d a caretaker's apartment. The property at
1050 W. Wine Drive consists of 4.18 acres, more or less (the "Subject Property"), and the project
is proposed to be constructed as a single phase. The PDP proposes access from West Vine Drive
o.n.ly, including a secondary emergency-only access. The Subject Property is zoned Limited
Commercial (GL). The PDP includes a Request for Modification to raise the fence height along
Shields Street along the western edge of the Subject Property.
BACKGROLTND: As set forth in the Staff Report, the Subject Property was annexed to the City in
1995 as part of the Snyder Annexation. Since 2003, the Subject Property has been the home of
Apex Gutter. In 2013, Veriz.on and the American Tower Company received approval for and
constructed a wireless telecommunications facility in the form a cellular tower with support
equipment on the ground. The Arthur Irrigation Canal ("Arthur Ditch") forms the northern
boundary of the Subject Property.
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The Subject Property is located within the Northwest Sub-Area Plan (4.3 square miles) boundaries,
jointly adopted by the City of Fort Collins and Larimer County in 2006�. Enclosed Self-Storage is
a permitted use in the C-L zone district subjeet to Administrative (Type One) review.
The sucrounding zoning and land uses are as follows:
birecNon � Zone District` Ezisting Land Uses ''
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North Coun_ ' O � O en, semi-rural residential
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South Low Density Mixed-Use (L-M-N) Residential
South Low Density Residential (R-L) Residential
East Limited Commercial (GL) Residen.tial
SUMMARY OF DECISION: Conditionally approved.
ZONE DISTRICT: Limited Commercial (GL)
HEARING: The Hearing Officer opened the hearing on Thursday, April 26, 2018, in Conference
Rooms A-D, 281 North College Avenue, Fort Collins� Colorado, at approximately 6:00 p.m.
following the conclusion of the hearing on the Solera Subdivi.si.on matter (FDP #170021).
EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding:
Project Vicinity Map.
2. Planning Department Staff Report prepared for West Vine Storage (PDP #170016):
A copy of the Staff Report is attached to this decision as ATTACHMENT A and is
incorporated herein by reference.
3. Zoning Map.
4; Applicant's Project Narrative.
5. Applicant's Planning Objectives..
6. Applicant's Reyuest for Modification,
7. Administrative (Type 1) Hearings: Rules of Conduct.
8. Site Plan.
9. Landscape Plan.
10. Architectural Elevations.
11. Subdivision Plat.
' https:i%www.f�c�_�ov.com%plan���in�ipdf%nsp-doc.pdf�(last visited May 6�, 2018).
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12. Ecological Characterization Study.
13. Transportation Impact Study.
14. E-mail Correspondence from Neighboring Property Owner.
15. Affidavit of Publication dated April 18, 2018 evidencing proof of publication of
Notice of Hearing in the Fort Collins Coloradan on April 18, 2018.
l 6. Notice of Public Hearing dated April 12, 2018.
17. The PowerPoint presentation prepared by City Staff for the April 26, 2018 hearing.
18. The PowerPoint presentation prepared by the Applicant for the April 26, 2018
hearing.
19. Memorandum dated April 26, 2018 from Ted Shepard; Chief Plan.ner, regarding
Recommended Conditions of Appro�al.
20. The City's Comprehensive Plan, Code; and the formally promulgated polices of the
City are all considered part of the record con.sidered by the Hearing Officer.
TESTIMONY; The following persons testified at the hearing:
From the City: Ted Shepard, Chief Planner
From the Applicant: Vine Street Storage, LLC
Rick Hattman
524 S. Loomis Street
Fort Collins, CO 80524
From the Public: Kim Hoke, 619 West Street
John Parks, 1045 W. Vine Drive
Arne Oittinen, 407 Riddle Drive
Sigrid Sommerfeldt; 1027 W. Vine Drive
Colleen McKee, 1045 W. Vine Driye
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that notice of the public
hearing was properly posted, mailed and published.
2. Based on testimony provided at the public hearing and a review of the materials in the record
of this case, the Hearing Officer concludes as follows: '
A. The PDP is in conformance with the planning principles and future vision articulated
in the Northwest Sub-Area Plan.
B. The Application complies with the applicable procedural and administrative
requirements of Article 2 of the Land Use Code.
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C. The Application complies with the relevant standards of Article 3— General
Development Standards.
D. The Application complies with relevant standards located in Division 4.24 of the
LUC, containing the Limited Commercial District (GL) regulations.
3. Based on testimony provided at the public hearing and a review of the materials submitted,
the requested Modification of Standard to Section 4,24(D)(2)(b) of the LUC — Fences, is
approved. Section 4,24(D)(2)(b) requires, in relevant part, fencing along streets shall be
wrought iron, or its visual equivalent, and any fencing along streets that exeeeds four (4)
feet in height shall be placed in segments between buildings; and not as a continuous
perimeter fence.
4. In making such finding, the Hearing Officer specifically finds that the granting of the
Modifieation will not be detrimental to the public good and that:
Modification criterion 2.8.2(H)(1) is satisfied: The plan as submitted will promote the
general purpose of the standard for which the modif cation is requested equally well or better
than would a plan which complies with the standard for which a modification is requested.
Modification criterion 2.8.2(H)(4) is satisfied: The plan as submitted will not diverge from
the standards of the Land Use Code ... except in a nominal, inconsequential way when
considered from the perspeetive of the entire development plan, and will continue to advance
the purposes of the Land Use Code as contained in Section 1.22.
The Hearing Officer concludes that the granting of the Modification will promote the general
purpose of the standard for whic. h the modification is requested equally well or b.etter than
would a plan which complies with the standard for which a modification is requested, and is
inconsequential when considered in the context of the entire proposed PDP because the fence
is metal which is a visual eyuivalent to wrought-iron. Even though the fence would be six
feet in height, the proposed fence includes a decorative top panel which would otherwise not
normally be included on a fence that is four feet in height. Consequently, the Hearing Officer
concludes that the proposed fence would be as e.qually attractive as a four-foot high fence.
The Hearing Officer concurs with Staffls conclusion that the proposed fence is equal to or
better than a fence complying with the applicable portion of Section 4.24(D)(2)(b) of the
LUC. Therefore; the Hearing Officer concludes that the plan as submitted will promote the
general purpose of the standard for which the modification is requested equally well or better
than would a plan which complies with the Section 4:24(D)(2)(b) standard;
In addition, the Hearing Officer concludes that the varied alignment of the fence along the
western perimeter minimizes the repetitiveness of the fence and will promote increased site
security. The Hearing Officer finds that the proposed Modification of Standard to Section
4.24(D)(2)(b) of the Code does not diverge from the standards of the LUC except in a
nominal and inconsequential fashion, and that the PDP will continue to advance the purposes
of the LUC as set forth in Section 1.2.2 ofthe LUC; specifically improving the public health,
safety and welfare of the community by ensuring that development proposals are sensitive
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to natural areas and features. Consistent with the Ecologieal Characterization Study, the
PDP provides a 50-foot buffer from the Arthur Ditch (as required by the Buffer Zone Table
set forth in Section 3,4.1 of the LUC). In addition, site lighting and illumination on the
Subject Property ha. s bene designed to not spillover into the natural habitat buffer zone along
the Arthur Ditch. The Hearing Officer concludes that granting the requested Modification of
Standard is reasonable when viewed in the context of providing additional security given the
decreased level of site lighting and illumination associated with the on-site natural habitat
buffer. �
The Application's satisfaction of the applicable Article 2, 3 and 4 requirements of the Land
Use Code is sufficiently detailed in the Staff Report, a copy of which is atta.ched as
ATTACHMENT A and is incorporated herein by reference.
DECISION
Based on the findings set forth above, the Hearing Officer hereby enters the following ruling:
A. That the reyuest for modification to Section 4:24(D)(2)(b) of the Code is justified by the
applicable standards in 2.8.2(H)(1) and (4).
B. The West Vine Storage Project Development Plan (PDP #170016) is approved for the
Subject Property on the condition that the applicant shall, at the time of submittal for final
plan, include in the utility plans and drainage plans the required sizing of the rain gardens
and stormwater detention ponds that deinonstrate comp(iance with all applicable criteria and
standards relating to water yuality, low-impaet development, and off-site stormwater #7ows.
C. In order to enhance the compatibility with adjacent residential uses, the hours of operation
of the proposed West Vine Storage project, including the hours duringwhich deliveries may
be permitted, sh.all be limited to between 7:00 a.m. and 10:00 p.m. ("Hours of Operation
Limitation"), as authorized by Section 4.24(E)(1)(c) of the Code. The final plan shall include
the Hours of Operation Limitation.
D. The Applicant shall submit a final plan within three (3) years of the date of this decision. If
Applicant fails to submit a final plan to the City within said three (3) year period, this PDP
approval shall automatically lapse and beeome null and void in accordance with Section
2.2. l 1(C) of the Code.
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DATED this 7th day of May, 2018.
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Marcus A. McAskm
Hearing Officer
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W EST V I IV E STO RAG E, P D P 170016
April 26, 2018, 5:30 pm — Conference Rooms A-D
Si�n-In Sheet
P�EAS� PR0.6�T L'EG�BLY
(NOTE: We will mail a copy of the hearing decision report to those that pri'nt legib'le names and addresses.)
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