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Home My WebLink AboutCENTERPOINT PLAZA - PDP - 35-01 - DECISION - FINDINGS, CONCLUSIONS & DECISIONCenterpoint Plaza PDP Administrative Hearing Findings, Conclusions, and Decision September 12, 2002 Page 5 of 5 Code and the transportation Level of Service criteria related to the affected street network andthe Timberline Road - Midpoint Drive and the Timberline Road - East Prospect Road intersections prior to Final Compliance approval. Dated this 17th day of September 2002, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. r l Cameron O'Oss Current Planning Director Centerpoint Plaza PDP Administrative Hearing Findings, Conclusions, and Decision September 12, 2002 Page 4 of 5 3. Compliance with Article 3 of the Land Use Code — General Development Standards The project development plan complies with all applicable sections of Article 3 of the Land Use Code. No evidence was presented to contradict the statements and conclusions of the staff report concerning compliance or to otherwise refute the compliance with the Article 3 Standards. In order to comply with the criteria set forth in Section 3.7.3, Adequate Public Facilities, pertaining to transportation facilities, only one building (either Building A or B on Lot 1) within the development may be submitted for Final Compliance review and, if approved, be issued a building permit and constructed. Subsequent Final Compliance reviews for future buildings in the Centerpoint Plaza development will be subject to the requirements set forth in the Adequate Public Facilities section of the LUC and the transportation levels of service criteria related to the affected street network and the Timberline Road - Midpoint Drive and the Timberline Road - East Prospect Road intersections at that time. SUMMARY OF CONCLUSIONS A. The Centerpoint Plaza Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Centerpoint Plaza Project Development Plan satisfies the development standards of the E zoning district. C. The Centerpoint Plaza Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. In order to ensure compliance with the Adequate Public Facilities standards of Section 3.7.3, limitations are placed on the phasing of development and provision of public transportation improvements. DECISION The Centerpoint Plaza Project Development Plan #35-01, is hereby approved by the Hearing Officer with the following condition: Only one building (either Building A or B, Lot 1) within the development may be submitted for Final Compliance review and, if approved, be issued a building permit and constructed. Subsequent building construction within the development will be subject to the requirements set forth in the Adequate Public Facilities section of the Land Use Centerpoint Plaza PDP Administrative Hearing Findings, Conclusions, and Decision September 12, 2002 Page 3 of 5 FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: E; approved planned commercial center (Spring Creek Center PUD) S: I, T; existing single family residential property and planned mixed -use (Johnson Property ODP) E: E; existing employment / industrial park (Prospect Park East, Prospect Industrial Park) W: E, I; existing undefined storage and City facility (large storage tanks, Light & Power station) The property was annexed in September, 1973 as part of the East Prospect Street First Annexation. Lot 1 of the Centerpoint Plaza Subdivision has not previously been platted. Lot 2 of the Centerpoint Plaza Subdivision (Building C) was platted as the north 1/2 of the Nor -Colo Subdivision in September 1978. It is being replatted as part of this current development request. 2. Compliance with Article 4 and the E-Employment Zoning District Standards: General office, medical office, warehouse, print shop, bars and taverns, and workshops and custom small industry uses are permitted in the E — Employment Zoning District, subject to administrative review. However, print shops, bars and taverns, and custom small industry uses are Secondary Uses in the E District and together shall occupy no more than 25% of the total gross area of the development plan (or in this case, the total gross leasable floor area of the proposed buildings). The proposed land uses, office, sign/paint shop and vehicle/equipment storage are classified as "public facilities" and permitted in the Industrial zone subject to Administrative Review. This proposal complies with the purpose of the E District as it is a primary workplace that includes office, warehouse, commercial, and light industrial uses in a planned business park. The Secondary Uses (print shop, bars and taverns, and custom small industry uses) may occur in all 3 buildings (A, B, and C) and will comprise only 16% of the total gross floor area of the buildings. Centerpoint Plaza PDP Administrative Hearing Findings, Conclusions, and Decision September 12, 2002 Page 2 of 5 NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 7:30 p.m. on September 12, 2002 in the City Council Chambers at 300 La Porte 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 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: Louise Herbert, VF Ripley Associates Kevin Fraser, Llc Frazer and Company Ventures Dick Fisher, Cobalt Design / Build Tom Fisher, Cobalt Design / Build Dave Karst, Cobalt Design / Build Jack Blake, Stewart and Associates Luis Hinojosa, Vaught Frye Architects From the Public: None Written Comments: None Commu.,ty Planning and Environmental-ervices Current Planning Citv of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: September 12, 2002 PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: Centerpoint Plaza Project Development Plan #35-01 VF Ripley Associates, Inc. c/o Louise Herbert 401 West Mountain Avenue, Suite 201 Fort Collins, CO. 80521 Co -Flex Investments, LLC 1708 East Lincoln Avenue Fort Collins, CO. 80524 Cameron Gloss Current Planning Director This is a request for 55,747 square feet of leasable floor area for non-residential land uses in 3 separate buildings on a 5.1 acre site. The property is located at the southeast corner of Timberline Road and Midpoint Drive. The proposed land uses include general office, medical office, warehouse, print shop, bars and taverns, and workshops and custom small industry uses. SUMMARY OF HEARING OFFICER DECISION: Approval, with conditions ZONING DISTRICT: E — Employment STAFF RECOMMENDATION: Approval, with conditions 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020