HomeMy WebLinkAboutONE BOARDWALK PLACE - MOD. OF STAND. - MOD120003 - DECISION - CORRESPONDENCE-HEARINGa
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Meeting Location: GQ u,yc« C-110fAt d
Date: \7-VA1C- lle moo! a'
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entrance and the concentration of parking in the center of the site should prevent traffic
impacts on neighboring developments.
III. CONCLUSIONS
The Hearing Officer has reviewed all of the evidence and testimonies submitted by the
Applicant, citizens and staff and being fully advised, makes the following conclusions:
A. The granting of the Modification would not be detrimental to the public
good pursuant to Section 2.8.2(H)(1).
B. One Boardwalk Place will promote the general purpose of the Standard
for which the Modification is requested equally well or better than would
be a plan which complies with the standard for which the Modification is
requested.
C. The site plan will function well due to the attention paid to details such as
the number of parking spaces, screened parking lot, open space,
buffering, building height and architectural design.
IV. DECISION
The Hearing Officer herein:
D. Approves the Modification of Standard Request to Section 4.5(D)(1)(b),
which will allow the pending One Boardwalk,Place Project Development
Plan to have 24 dwelling units at a density of 10.48 dwelling units per
gross acre. The Modification is justifiable pursuant to Section 2.8.2(H)(1).
E. This Modification is valid for only one year from the date of this decision,
by which time a PDP incorporating the Modification must be filed. Section
2.8.1.
Dated June 25, 2012, per authority granted by Sections 1.49 and 2.1 of the Code.
Richard V. Lopez
Richard V. Lopez
Hearing Officer
7
(7) Summary
The applicant has provided a data table that compares and contrasts the proposed One
Boardwalk Place with both the previously approved Serrano Townhomes and
applicable LMN standards. The applicant contends that, with four extra dwelling units,
the proposed project performs at a high level and is compatible with the surrounding
residential neighborhood..
d. Staff Evaluation and Analysis.
The character of the area is defined by a large scale development that preceded the
adoption of City Plan and the Land Use Code. There are a variety of housing types in
both Miramont and Oak Ridge. Each of these housing types was developed on
individual tracts within the framework of the governing Overall development Plan. The
street pattern is curvilinear and based on the hierarchy of local, collector and arterial
roadways. Cul-de-sacs predominate the lower density residential areas. The proposed
One Boardwalk Place is located on one of the smallest and last remaining vacant
parcels. Development of this parcel, with four additional dwelling units, would not
disrupt the established pattern or character of the larger neighborhood.
The parcel is on the edge of the neighborhood along a collector and arterial street. This
is a natural location for residential density. For decades, suburban development has
been characterized by higher density located along the edges with land uses
transitioning to lower density toward the interior of the neighborhood. The proposed
PDP at 10.48 dwelling units per acre, maintains this relationship among various housing
types.
The site plan should perform at a high level of quality. The number of parking spaces
exceeds the minimum requirement and the surface parking lot is screened by the three
two-story buildings. Sufficient buffering is provided along both the west and southern
boundaries.. The site provides more opens space than the previously approved plan.
The proposed building architectural details will be distinctive.
e. Public Testimony.
Several members of the public testified about concerns of increased traffic and a
decrease in property values. One person stated that One Boardwalk Place would not
have garages which would result in a development of lesser quality.
f. Hearing Officer.
The Hearing Officer notes that Serrano Townhomes was approved for 18 dwellings.
The density permitted in this zone would allow for 20 dwellings. The Hearing Officer
finds that the increase in density that would allow 24 dwellings is a reasonable
modification. The density is within the range of densities in the neighborhood. Other
physical features will ensure that this development fits well with the surrounding
residential areas. The architecture, height of buildings, setbacks and the provision of
52 parking spaces should result in a building that blends into the fabric of the
neighborhood. The entrance to One Boardwalk is from Boardwalk Drive. This one
from the single family detached homes in the Miramont neighborhood.
The surrounding area is a mix of multi -family and single family housing. The proposed
density of One Boardwalk Place will fall between that of The Hamlet and The Lodge.
Density Hamlet One Boardwalk Place Lodge
du/ac 8.56 10.48 14.0
(2) Setbacks
The setback along the west property line, bordering The Hamlet at Miramont, is 16 feet.
This is the same setbacks s provided under the previously approved Serrano
Townhouses. The setback along the south property line, adjoining Mail Creek is 53
feet. This is an increase of 29 feet as compared with the 24 foot setback provided by
Serrano Townhomes.
(3) Parking
With 24 two -bedroom units, the minimum required number of parking spaces is 42. As
proposed One Boardwalk Place provides 52 spaces, 10 spaces in excess of the
standard. Further, the parking is located within a centralized courtyard and screened
from view from The Hamlet, The Lodge and the two public streets.
(4) Height
The three proposed buildings are two stories in height which matches the buildings in
The Hamlet to the west and are lower than The Lodge to the north.
(5) Architectural Quality
The buildings are designed to a high level of quality specifically intended to capture the
Craftsman Bungalow style and complement both The Hamlet and The Lodge.
Architectural details include the following:
• Pitched roofs with bales and dormers
• Overhanging eaves
• Timber beam corbels and brackets
• Synthetic stone veneer
• Cemetious horizontal lap siding
• Board and batten siding
• Taper -sawn shingles
• Patios and balconies
• Projecting window bays
(6) Open Space
One Boardwalk Place provides 58% open space as compared with Serrano
Townhomes with 40% open space.
G
B. ARTICLE FOUR - MODIFICATION OF LOW DENSITY MIXED -USE
NEIGHBORHOOD DISTRICT STANDARD.
In the LMN zone, the maximum allowable density is capped a 9.00 dwelling per gross
acre. This density can be modified pursuant to Section 2.8.2(H).
Section 4.5(D)(1)(b) - Density.
a. Standard.
The maximum density of any development plan taken as a whole shall be nine (9)
dwelling units per gross acre of residential land, except that affordable housing projects
(whether approved pursuant to overall development plans or project development
plans) containing ten (10) acres or less may attain a maximum density, taken as a
whole, of twelve (12) dwelling units per gross acre of residential, land.
b. Description of the Modification:
The Applicant is proposing an increase in density from 9 dwelling units per gross acre
to 10.48 units per gross acre. As proposed, there would be three 8-plex buildings. All
building would be two stories. The 52-space parking lot is centralized with the three
buildings situated along the north, east and west perimeters. The 52 spaces exceed
the minimum required number of 42 spaces.
c. Summary of Applicant's Justification.
(1) Density.
The applicant contends that the pending PDP with 24 units at 10.48 dwelling units per
gross acre promotes the general purpose of the standard for which the Modification is
requested equally well or better.
The site is relatively small and located at the signalized intersection of a collector street
(Boardwalk Drive) and an arterial street (Lemay Avenue). This site is the last
undeveloped parcel in the general area. A neighborhood park is located across the
street. There are three long-term care facilities in the vicinity. Both Oak Cottonwood
Farm (Miramont) and Oak Ridge are large, mixed use, master planned communities.
Across Boardwalk Drive to the north is as multi -family project called The Lodge at
Miramont. The Lodge consists of 108 dwellings units on 7.7 acres for a density of 14.0
dwelling units per gross acre. The project includes three-story buildings exclusively.
To the west is a multi -family project called The Hamlet at Miramont. The Hamlet
consists of 100 dwelling units on 11.68 acres for a density of 8.56 dwelling units per
gross acre. This project includes two-story building exclusively.
To the south is Mail Creek which separates both The Hamlet and One Boardwalk Place
il
From the Applicant:
Ian Schuff, Aller-Lingle-Massey Architects
From the public:
Members from the public testified. A copy of the sign -in sheet is attached hereto.
11. FINDINGS.
A. Request for Modifications - Section 2.8.2(H) - Standards.
The modification of the stand may be granted only if the Hearing Officer finds that the
granting of the modification would not be detrimental to the public good and;
the plan as submitted will promote the general purpose of the stand
for which the modification is requested equally well or better than
would be a plan which complies with the standard for which a
modification is requested; or
2. The granting of a modification from the strict application fo any
standard would, without impairing the intent and purpose of the
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 specially 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 exceptional physical conditions or other extraordinary
and exceptional 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 solar energy system, the strict application
of the standard sought to be modified would result in unusual and
exceptional practical 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 divert from the standards of the 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 purpose of the Code as contained in Section 1.2.2.
K
Modification must be filed. The request has been evaluated by the criteria of Section
2.8.2(H) and found to be in compliance due to the pending PDP, with 24 dwelling units,
being equal to or better than a plan that would have been capped at 20 dwelling units
J. SURROUNDING ZONING AND LAND USES
Direction Zone Land Use
N MMN Multi -family (The Lodge at Miramont)
S RL Miramont Subdivision
E RL Oakridge Subdivision
W LMN Multi -family (The Hamlet at Miramont)
The property was annexed into the City as part of the Keenland Annexation in August
of 1980. The parcel was rezoned from RP, Planned Residential, to LMN in March of
1997 in fulfillment of City Plan. The property is surrounded on three sides by the Oak -
Cottonwood Farm Overall Development Plan but is not included within the plan.
The site was partially developed as Serrano Townhomes which was approved in .
December of 2005. This approval has since expired per Section 2.2.11(D)(4). Serrano
Townhomes consisted of six 3-plex buildings for a total of 18 dwelling units for a density
of 7.86 dwelling unites per gross acre.
K. NOTICE OF PUBLIC HEARING:
Evidence presented to the Hearing Officer established that the hearing was properly
posted, legal notices mailed and notice published
L. PUBLIC HEARING:
The Hearing Officer opened the hearing at approximately 6:05 P.M. in the Council
Chambers.
M. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER
EVIDENCE:
The Hearing Officer accepted the following evidence from the hearing: (1) Planning
Department Staff Report; (2) application, plans, maps and other supporting documents
submitted by the Applicant to the City of Fort Collins; (3) opportunity for public testimony
was provided during the hearing and members of the public were present and
submitted a variety of documents. The Land Use Code, the City's Comprehensive Plan
(City Plan) and the formally promulgated polices of the City are all considered part of
the evidence considered by the Hearing Officer.
The following persons attended the hearing:
From the City of Fort Collins:
Ted Shepard, Planner
2
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
FINDINGS, CONCLUSIONS AND DECISION
OVERVIEW.
A. ADMINISTRATIVE HEARING DATE: June 11, 2012
B. PROJECT NAME: One Boardwalk Place
C. CASE NUMBER: MOD 120003
D. APPLICANT: One Boardwalk, LLC
c/o The Birdsall Group
444 Mountain Avenue
Berthoud, Colorado 80513
E. OWNER: One Boardwalk, LLC
405 Mason Court, Suite 111
Fort Collins, CO 80524
F. HEARING OFFICER: Richard V. Lopez
G. PROJECT DESCRIPTION:
This is a request for a Modification of Standard to Section 4.5(D)(1)(b) which limits the
maximum residential density in the Low Density Mixed -Use Neighborhood (LMN) zone
at 9.00 dwelling units per acre for One Boardwalk Place, a pending PDP. The request
seeks a maximum density of 10.48 dwelling units per gross acre which would result in
four additional dwelling units from 20 to 24. The parcel. is 2.29 acres in size and located
at the southwest corner of South Lemay and Boardwalk Drive. The site is partially
developed and formerly known as Serrano Townhomes which was approved for 18
dwelling units but has since expired.
H. SUMMARY OF HEARING OFFICER DECISION:
Approval of the request for Modification of Standard to Section 4.5(D)(1)(b) which would
allow the pending One Boardwalk Place Project Development Plan to construct 24
dwelling units at a density of 10.48 dwelling units per gross acre. The Modification is
valid for only one year.
I. EXECUTIVE SUMMARY.
One Boardwalk Place is a pending residential development project. A stand-alone
Request for Modification of Standard is allowed per Section 2.8.1 and, if granted, is
valid for only one year by which time a Project Development Plan incorporating the
Planning, Development & Transportation Services
rt� Collins
of
June 25, 2012
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134-fax
fcgov.com
Attendee of the One Boardwalk Place Modification of Standard, #MOD120003 Public
Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing Findings,
Conclusions and Decision for the Project Hearing of the One Boardwalk Place
Modification of Standard, #MOD120003.
Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been
mailed to the applicant and any person who attended and/or provided testimony at the
public hearing held on June 11, 2012.
This final decision of the Administrative Hearing Officer may be appealed to the City
Council, in accordance with Chapter 2, Article II, Division 3 of the City Code, within 14
calendar days of the date of final action June 25, 2012 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on July 9, 2012. Guidelines explaining the appeal
process, including the Code provisions previously referenced, can be found online at
fcqov.com/cityclerk/appeals.php, or may be obtained in the City Clerk's Office at 300
LaPorte Avenue.
If you have any questions about the attached Decision or the appeal process, please
contact me at 970-221-6343.
Sincerely,
%C
Ted Shepard
Senior Planner