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HomeMy WebLinkAboutFIRST MAINSTREET BANK - PDP - 37-03 - DECISION - FINDINGS, CONCLUSIONS & DECISIONK6�,, Z (E /5, n -((A (, Ca ro la- Ca v-wa" 2, a 4- 0, 0 E00 9, (0, 171, AA����h gKy S c�ol,,l �d v.e� Zz—fro City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing First MainStreet Bank, PDP - #37-03 Date of Decision: July 12, 2004 Page 11 3. With the approval of the request for Modifications of Standards to Section 3.5.3(B)(1) and (2), the Project Development Plan complies with the applicable General Development Standards of Articles 3 of the LUC. 4. The Applicant's Request for Modifications of the Standards located in Section 3.5.3(B)(1) - Orientation to a Connecting Walkway and Section 3.5.3(B)(2) - Orientation to Build -to Lines for Streetfront Buildings is justified. DECISION The First MainStreet Bank Project Development Plan - #37-03 is hereby approved without conditions. DATED THIS 12TH DAY OF JULY, 2004. 1" Aid-x� Linda C. Michow, Hearing Officer LCM\57069.30\478716.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing First MainStreet Bank, PDP - #37-03 Date of Decision: July 12, 2004 Page 10 good. Specifically, the PDP complies with subsection (H)(1) in that the PDP, 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 standard. As stated above, the general purpose of Section 3.5.3 is to promote the design of an urban environment that encourages attractive street fronts and other connecting walkways that accommodate pedestrians as the first priority. The PDP meets this purpose by effectively incorporating a pedestrian walkway from Boardwalk Drive to Building B and a pedestrian plaza at the northwest corner of Building B. These elements of the Plan enhance the pedestrian scale of the development. In addition, the PDP complies with subsection (H)(4) in that the PDP's divergence from Section 3.5.3 is nominal when considered from the perspective of the entire development plan. To the extent Building B does not meet the build - to line requirement or have direct access to the sidewalks adjacent to Boardwalk Drive or Harmony Road, the PDP, as a whole, satisfies the purposes of the Standards set forth in Section 3.5.3. Recognizing that a bank building must have drive -through lanes for vehicular traffic, the PDP presents ample opportunity for pedestrian access and circulation through the development. Moreover, by locating the drive -through lane between Building B and the berming along Harmony Road, the PDP effectively reduces the visibility of the drive -through lane and car stacking from public view. For these reasons, the Hearing Officer approves the Request for Modifications to Section 3.5.3(B)(1) and (2). SUMMARY OF CONCLUSIONS The Hearing Officer's Findings and Conclusions are hereby summarized as follows: 1. The land uses proposed by the PDP are permitted in the HC — Harmony Corridor District. 2. The PDP complies with the applicable Land Use and Development Standards of the HC zone district, as codified in Article 4 of the LUC. LCM\57069.30\478716.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing First MainStreet Bank, PDP - #37-03 Date of Decision: July 12, 2004 Page 9 • Although direct pedestrian connections are not possible for Building B, there will be a wide walkway and raised crosswalk where the pedestrian crosses the drive -through exit lane. This drive has also been narrowed down to fourteen feet, resulting in a shorter crossing for the pedestrian. There will also be a plaza located at the northwest corner of the building, emphasizing visual continuity and pedestrian scale, containing a raised planter and seat walls. • By locating the drive -through lane between building B and the berming along Harmony Road, the lane and car stacking is effectively hidden from public view. Relying on a different criterion than the Applicant, Planning Staff recommends approval of the Modification request, finding that "the project as submitted, based on the land use, site layout, and its contextual compatibility with the surrounding land uses, is not detrimental to the public good; and ... will not diverge from the standards of the LUC except in a nominal, inconsequential way when considered from the perspective of the entire development plan. In making this recommendation, Planning Staff points out that the site layout makes it impossible to locate both Buildings A and B side by side at the required build -to line along Boardwalk Drive. Regarding the requirement for direct pedestrian access, Planning Staff notes that the Applicant has provided a pedestrian crossing with a twelve -foot wide enhanced walkway and pedestrian plaza. Staff believes that this Project's deviation in the Standards is a "nominal and inconsequential" waiver of the Standards. The Hearing Officer notes that no evidence was presented at the hearing to object to the Modification request. As stated in Section 3.5.3(A), the Standards sought to be modified are: "intended to promote the design of an urban environment that is built to human scale to encourage attractive street fronts and other connecting walkways that accommodate pedestrians as the first priority, while also accommodating vehicular movement." The Hearing Officer finds, based on the stated purpose of Section 3.5.3, as well as the justifications presented by Planning Staff and the Applicant, that the PDP meets the criteria set forth in Section 2.8.2(H)(1) and (4) and will not be detrimental to the public LCM\57069.30\478716.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing First MainStreet Bank, PDP - #37-03 Date of Decision: July 12, 2004 Page 8 Buildings shall be located no more than fifteen (15) feet from the right-of-way of adjoining street if the street is smaller than a full arterial or has on -street parking. As the Applicant has explained in its written Modification Request dated March 30, 2004, Building B (the bank building) is not located within fifteen feet from a street right-of-way because the 80-foot Harmony Road setback requirement makes this build -to line on Harmony Road impossible. As the Applicant further notes, "since the private drive access onto Boardwalk is a fixed location, it is impossible to efficiently place Building B between the bank and the Boardwalk access." The Applicant has presented the following basis for approval of the Modification of Standards requests: A justification for this proposal relating to the Modification Criteria Section 2.8.2(H)(1) is that the proposed plan will serve the standard equally well or better than would a plan that strictly complies with the standard. We believe that the proposed project meets this criterion in the following ways: • In order to meet the strict application of the code for the build -to line standard, Building B would have to be located on Boardwalk Drive. There are several reasons why this is not feasible or practical. If Building B is placed on the north side of the bank, the efficiency of the site is reduced significantly. There is limited space between the bank and access drive making it impossible to place a building in that location and still make both buildings function efficiently. • The relationship of the bank on the site to parking lot is a necessary function of the facility. The building entrance needs to be adjacent to the parking lot for convenient access. The drive -through has to be on the east side of the building in order to function properly. LCMZ7069.304378716.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing First MainStreet Bank, PDP - #37-03 Date of Decision: July 12, 2004 Page 7 difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Section 3.5.3(B)(1) Modification Request. The PDP does not meet the Orientation to a Connecting Walkway standard of Section 3.5.3(B)(1). This Section provides: At least one main entrance of any commercial or mixed -use building shall face and open directly onto a connecting walkway with pedestrian frontage. As the Applicant has explained in its written Modification Request dated March 30, 2004, Building B (the bank building) is encompassed entirely with the drive - through lanes for the bank and therefore does not have direct access to the public sidewalks on either Boardwalk Drive or Harmony Road. Section 3.5.3(B)(2) Modification Request. The PDP does not meet the Orientation to Build -to Lines for Streetfront Buildings standard specified in Section 3.5.3(B)(2). This Section provides, in pertinent part, that: Build -to lines based on a consistent relationship of buildings to the street sidewalk shall be established by development projects for new buildings in order to form visually continuous, pedestrian - oriented streetfronts with no vehicular use area between building faces and the street. LCM\57069.30\478716.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing First MainStreet Bank, PDP - #37-03 Date of Decision: July 12, 2004 Page 6 3. The Applicant has met the Criteria of Division 2.8 - Modifications of Standards. In accordance with Division 2.81 of the LUC, the Applicant has submitted two requests for Modification to the Standards of Article 3 arising from the Project's noncompliance with two requirements found in subsection (B) of Section 3.5.3 (Mixed -Use, Institutional and Commercial Buildings). A modification may only be granted where the Hearing Officer finds that the granting of the modification would not be detrimental to the public good, and that one of the following factors exists: (1) 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 standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exception physical conditions or other extraordinary and exception situations, unique to such property, including but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical Section 2.8.1 provides that "[tjhe decision maker is empowered to grant modifications to the General Development Standards contained in Article 3 and the Land Use Standards and Development Standards contained in Article 4... for: (1) overall development plans and/or project development plans which are pending approval at the time the request for proposed modification is filed..." LC M\57069.3OW78716.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing First MainStreet Bank, PDP - #37-03 Date of Decision: July 12, 2004 Page 5 is no traffic signal at Whalers Way and Boardwalk and that it is a difficult intersection. The Hearing Officer understands the frustration associated with traffic concerns voiced by the adjacent resident; however, there is no evidence in the record to support signalization of the intersection at Whalers Way and Boardwalk Drive, nor is there evidence to suggest that this particular development will contribute to an unacceptable Level of Service along any adjacent streets. Moreover, the Hearing Officer finds that any perceived traffic problem is already existing and is therefore not the sole obligation of this Applicant to remedy. Considering all of the testimony and evidence presented at the hearing, including the transportation impact study submitted by the Applicant, the Hearing Officer finds that the First MainStreet Bank PDP complies with Section 3.6.4 of the LUC. With regard to Division 3.5, Building Standards, the Hearing Officer finds that the PDP complies with Section 3.5.1, concerning Building and Project Compatibility. More specifically, Section 3.5.1(B), Architectural Character, provides that "[n]ew developments in or adjacent to existing developed areas shall be compatible with the established architectural character of such areas by using a design that is complementary." As stated in the Staff Report, "the building design and massing proportions for the 3 buildings reflects a complementary and compatible style with that of the existing commercial, office, residential, and retail uses that surround this property." There was no evidence presented at the hearing to refute this finding by Planning Staff. Section 3.5.1(C) Building Size, Height, Bulk, Mass, Scale provides that "Buildings shall either be similar in size and height, or if larger, be articulated and subdivided into massing that is proportional to the mass and scale of other structures on the same block..." The Staff Report indicates that each of the three proposed buildings contains a series of hipped and gabled rooflines, and that the overall height of each building is comparable to the height of the surrounding two and three story buildings. The Hearing Officer finds that the PDP complies with Section 3.5.1(C) of the LUC. LCM\57069.30\478716.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing First MainStreet Bank, PDP - #37-03 Date of Decision: July 12, 2004 Page 4 Officer finds that the proposed design and scale of the buildings will not present a drastic and abrupt change in scale and height of buildings from those in the surrounding areas - particularly in light of the setback and berming between the residential neighborhood and the proposed Project. 2. The PDP Complies with Article 3 of the Land Use Code — General Development Standards. The Hearing Officer finds that the First MainStreet Bank PDP complies with the following applicable General Development Standards: Section 3.2.1 (Landscaping and Tree Protection); Section 3.2.2 (Access, Circulation and Parking); Division 3.3 (Engineering Standards); and Division 3.6 (Transportation and Circulation). The Staff Report explains at length how the project complies with these General Development Standards and the Hearing Officer accepts and adopts Staffs findings. With the exception of traffic concerns expressed by an adjacent residential neighbor to the east, no evidence or testimony was presented at the hearing to dispute these findings. Section 3.6.4, concerning Transportation Level of Service Requirements, requires in subsection (B) that "[a]II development plans shall adequately provide vehicular, pedestrian and bicycle facilities necessary to maintain the adopted transportation Level of service standards contained in ... the City of Fort Collins Multi -modal Transportation Level of Service Manual..." The Applicant's transportation impact study dated March 2004 and submitted into the record, indicates that First MainStreet Bank PDP will generate approximately 2600 additional daily trips. The study also reveals that, with the addition of this Project, key intersections in the area (Boardwalk/Whalers Way; Harmony/Boardwalk) will continue to operate at acceptable levels. The City's traffic engineer, Ward Sanford, confirmed that these intersections and streets are currently operating under capacity and that in the short-range future the peak levels of traffic will remain within an acceptable level of service ("LOS") range of A to D. Testimony also revealed that Whalers Way is a collector street that is designed to carry or "collect" traffic onto Boardwalk Drive and Harmony Road. The only member of the public to testify at the hearing raised concerns about traffic along Whalers Way and Boardwalk Drive. The resident testified that there LC M\57069.30\478716.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing First MainStreet Bank, PDP - #37-03 Date of Decision: July 12, 2004 Page 3 1. Section 4.21(D)(1) Harmony Corridor Land Use Standards. The Staff Report indicates, and there was no evidence to refute the finding that the First MainStreet Bank PDP complies with the Harmony Corridor land use and locational standards and is further in conformance with the policies of the Harmony Corridor Plan. 2. Section 4.21(D)(3) Dimensional Standards. The Staff Report states that the PDP complies with the height limitation set forth in Section 4.21(D)(3)(a), which limits the maximum building height for all non-residential uses to six stories. Because all of the proposed buildings in the First MainStreet Bank PDP will be a maximum of two stories in height, the PDP complies with Section 4.21(D)(3)(a). The remainder of the dimensional standards specified in Section 4.21(D) relate to residential development and therefore do not apply to this particular PDP. 3. Section 4.21(E)(1) Harmony Corridor Development Standards. There was no evidence or testimony presented at the hearing to refute the finding in the Staff Report that the PDP is in compliance with the City's adopted Harmony Corridor design standards and is in conformance with the policies of the Harmony Corridor Standards and Guidelines. 4. Section 4.21(E)(2)(b) Site Design. This Section requires that "where an employment or industrial use abuts a residential area, there shall be no drastic and abrupt change in the scale and height of buildings." The proposed PDP abuts the residential development to the east and therefore must be found in compliance with this Section. As the Staff Report indicates, "the buildings in the First MainStreet Bank PDP will be two stories in height, each containing from 11,000 square feet to 22,000 square feet of gross leasable floor area. The buildings will be residential in character and will be set back between 100' and 200' from the single-family residential neighborhood to the east, with earthen berming and landscaping in the setback areas." The Hearing LCMX57069.304478716.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing First MainStreet Bank, PDP - #37-03 Date of Decision: July 12, 2004 Page 2 PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:30 p.m. on June 28, 2004 in the City Council Chambers of the City of Fort Collins located at 300 LaPorte Avenue, Fort Collins, Colorado. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the June 28, 2004 administrative hearing was properly posted, legal notice mailed and notice published. RECORD OF HEARING: The Hearing Officer accepted into the record the following evidence: (1) Planning Department Staff Report; (2) Application, maps, plans and other supporting documents submitted by the applicant and the applicant's representatives; (3) summary minutes of two neighborhood meetings; (4) sign -in sheet for public testimony; and (5) an audio tape of the administrative hearing. The City of Fort Collins Land Use Code ("LUC"), and the formally promulgated policies of the City are made part of the evidence and record considered by the Hearing Officer. FINDINGS OF FACT Based on the evidence presented at the hearing, the Hearing Officer finds that the First MainStreet PDP meets the applicable criteria and requirements of the LUC as discussed hereinbelow. In general, the Hearing Officer accepts the findings by City staff contained in the Staff Report. More specifically, the PDP meets the specific requirements of the LUC as summarized below: 1. The PDP Complies with Division 4.21 of the Land Use Code — Harmony Corridor District. The Hearing Officer finds that, subject to administrative review, the proposed uses of a bank and offices are permitted within the HC Zone District. The Hearing Officer further finds that the PDP meets the applicable Land Use and Development Standards set forth in Division 4.21 of the LDC, including the following specific provisions: LCM\57069.304478716.01 City of Fort Collins Commu. f Planning and Environmental I vices Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: June 28, 2004 PROJECT: First MainStreet Bank, Project Development Plan = #37-03 APPLICANT: VF Ripley Associates, Inc. c/o Cathy Mathis 401 West Mountain Avenue, Suite 201 Fort Collins, Colorado 80521 OWNER: First MainStreet Bank, N.A. 401 Main Street Longmont, Colorado 80501 -HEARING OFFICER: SUMMARY OF DECISION: Linda Michow, Esq. Gorsuch Kirgis LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 Approval PROJECT DESCRIPTION AND PROCEDURE The applicant and owner are seeking approval of a development for a bank and other office uses on approximately 5 acres of land, that is currently vacant, located at the northeast corner of Boardwalk Drive and Harmony Road. The proposed development includes three two-story buildings, ranging in height between 31 and 37 feet, with a total of 45,900 square feet of leasable floor area. To the north of the property is an existing office park, zoned MMN; to the south, an existing shopping center (Harmony Market), zoned HC; to the east is existing residential; and to the west, a mix of retail, multi -family and day care uses, zoned MMN. In 1995, a portion of the property received approval to construct a 6,600 square foot sit- down restaurant; however, the project never commenced and the approval lapsed. ZONE DISTRICT: The property is zoned HC, Harmony Corridor Zoning District. LCM 57069.30\478716.01 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 GORSUCH KIRGI, LLP ATTORNEYS AT LAw TOWER 1, SUITE 1000 11515 ARAPAHOE STREET 1 DENVER, COLORADO 80202 1 TELEPHONE (303) 376-5000 1 FACSIMILE (303) 376-5001 LINDA C. MICHOW DIRECT DIAL: (303) 376-5061 email: Imichow@gorsuch.com July 13, 2004 Ms. Georgiana Deines Administrative Support Supervisor City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 Re: Farmstead Project Development Plan — #8-03 First MainStreet Bank, Project Development Plan — #37-03 Dear Georgiana: Enclosed please find the Findings, Conclusions and Decision for the above -captioned projects. We have also enclosed the audio tapes, along with the original sign -in sheets from both hearings that were held on June 28, 2004. Should you have any questions concerning the enclosed, please do not hesitate to give me a call. Very truly yours, GORSUCH KIRGIS LLP Linda C. Michow LCM:cw Enclosures LCMU7069.30 and .311404713.03