HomeMy WebLinkAboutFAIRVIEW SHOPPING CENTER FILING FOUR (1409 W. ELIZABETH MULTI-FAMILY) - PDP - PDP120009 - DECISION - CORRESPONDENCE-HEARINGAdministrative Hearing
Project: Fairview Shopping Center Filing Four (1409 W. Elizabeth Multifamily)
Date: July 26, 2011
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Fairview Shopping Center Filing four (1409 West Elizabeth Multifamily) PDP
Administrative Hearing Findings, Conclusions, and Decision
June 28, 2012
Page 12 of 12
2. The Fairview Shopping Center Filing Four (1409 W. Elizabeth Multifamily)
#PDP120009 complies with the applicable district standards contained in Article
4, Division 4.18 of the Land Use Code.
3. The Fairview Shopping Center Filing Four (1409 W. Elizabeth Multifamily)
#PDP120009 complies with the applicable General Development Standards
contained in Article 3 of the Land Use Code.
DECISION
The Fairview Shopping Center Filing Four (1409 West Elizabeth Multifamily) Project
Development Plan, # PDP 120009 is hereby approved by the Hearing Officer with the
following condition: the width of the sidewalk adjacent to the east side of the building
must be a minimum of six feet, and the width of said sidewalk must be labeled on the
site plan submitted with the Final Plan application.
Dated this 28th day of June, 2012, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Peter Barnes
Zoning Administrator
Fairview Shopping Center Filing four (1409 West Elizabeth Multifamily) PDP
Administrative Hearing Findings, Conclusions, and Decision
June 28, 2012
Page 11 of 12
and in fulfillment of the C-C zone's emphasis on walkability. The Study makes the
following conclusions:
• Operation at the key intersections will be acceptable under full build -out of
the project.
• No new traffic signals or signal modifications will be required with the
construction of the project.
• No auxiliary lanes will be needed.
• Multi -modal Level of Service Standards can be achieved.
• Overall, the project is feasible from a traffic engineering standpoint.
The P.D.P. adequately provides vehicular, pedestrian and bicycle facilities necessary to
maintain the City's adopted Levels of Service standards.
SUMMARY OF CONCLUSIONS
In reviewing and evaluating Fairview Shopping Center Filing Four, Staff makes the
following findings of fact and conclusions:
A. The P.D.P. is located within the Campus West Study Area, calling attention to the
redevelopment potential of this area near the Colorado State University campus.
Redevelopment would further assist in fulfilling the vision of the Community
Commercial zone as an urbanizing and walkable district.
B. Fairview Shopping Center Filing Four at Campus West complies with the
applicable standards of Article Four — Community Commercial zone district.
C. The P.D.P. complies with the applicable Article Three General Development
Standards.
Staff recommends approval of Fairview Shopping Center Filing Four, #PDP120009.
HEARING OFFICER FINDINGS, CONCLUSIONS AND DECISION
After reviewing the staff report and the record of the public hearing, the Hearing Officer
makes the following findings and conclusions:
1. The proposed multi -family dwelling is a permitted use in the C-C zone district,
subject to an Administrative review and the requirements of the Land Use Code.
Fairview Shopping Center Filing four (1409 West Elizabeth Multifamily) PDP
Administrative Hearing Findings, Conclusions, and Decision
June 28, 2012
Page 10 of 12
(4.) Building Materials and Color
This standard requires that building materials shall either be similar to the materials
already being used in the neighborhood or, if dissimilar materials are being proposed,
other characteristics such as scale, and proportions, form, architectural detailing, color,
texture shall be utilized to ensure compatibility.
As mentioned, there is no defined architectural character in the immediate vicinity or in.
the C-C zone district as a whole. The proposed building uses a combination of brick
veneer, stucco, metal panel and lap siding as the primary exterior materials. Proposed
building colors include a warm buff for the stucco, grey for the siding, and a natural
burgundy for the brick veneer. The arrangement of these materials and color, in
combination with other features such as the covered entry, overhangs and generous
fenestration create an . interesting building that sets a standard of quality for the
surrounding area.
N. Section 3.5.1(H) Land Use Transition
This standard requires that compatibility be achieved by consideration of scale, form,
materials, color, buffer yard and operational standards. Staff has .considered the
cumulative effects of the issues related to neighborhood compatibility and pertinent
issues related to scale, form, materials and color have been addressed. In addition, it is
important to note that there is no one single standard in the Land Use Code that would
be equivalent to a compatibility test. In fact, the definition of Compatibility specifically
states that it "...does not mean the same as." . Rather, the Code breaks the issues down
to number of specific standards that are intended to address potential impact mitigation.
The P.D.P. has been evaluated by these standards and the P.D.P. is found to be in
compliance.
O. Section 3.5.2(D) — Residential Building Setbacks, Lot Width and Size
This standard requires a residential 30 foot setback from arterial streets. As previously
mentioned, West Elizabeth Street is designated on the Master Street Plan as a 4-lane
arterial. However, the proposed building location can be. evaluated against the
contextual setback requirement set forth in Section 3.10.4(B). The building takes its
contextual setback adjacent Wendy's building, just under 30 feet back from West
Elizabeth Street.
P. Section 3.6.4 — Transportation Level of Service
A Transportation Impact Study was submitted and evaluated by the City's Traffic
Engineering Department. West Elizabeth Street is classified as an arterial street. The
attached sidewalk has been widened by two feet to four extra feet from the required
minimum of five feet to seven feet to accommodate the expected level of pedestrians
Fairview Shopping Center Filing four (1409 West Elizabeth Multifamily) PDP
Administrative Hearing Findings, Conclusions, and Decision
June 28, 2012
Page 9 of 12
M. Section 3.5.1 — Building and Project Compatibility
(1.) Architectural Character
This standard requires that new projects be compatible with the established
architectural character and context of the general area. The standard also states that
where the architectural character is not definitively established, new projects should
establish an enhanced standard of quality.
As documented in the Campus West Area Study, there is no predominant architectural
character in the area. Consequently, the standard requires that new development shall
establish an enhanced standard of quality for future projects in the area.
The P.D.P. sets an enhanced standard through articulation and mix of exterior
materials. The flat portions of the roof are mitigated with cornices and overhangs.
Although the building itself is long, the 160 foot length is mitigated by recesses and
projections, creating well-defined shadow lines. The pedestrian scale of the building is
highlighted by the common plaza area being placed directly behind the sidewalk on
West Elizabeth Street. The building contains sufficient architectural features, such as
overhangs, entry features and seat walls providing both horizontal and vertical relief.
(2.) Building Size, Height, Bulk, Mass, Scale
Although the proposed building is somewhat larger than the existing adjacent restaurant
buildings, the building achieves overall compatibility with the area through its articulation
and further defined by its projecting and recessed components. There are no large,
massive, blank walls.
(3.) Privacy Considerations
This standard requires that the P.D.P. minimize infringement on the privacy of adjoining
uses. At the same time, the standard requires that there be opportunities for interactions
among neighbors without sacrificing privacy or security.
The building is three stories and has three windows on the south elevation. During the
initial stages of the P.D.P., large trees along the south property line were intended to be
planted; however, existing wet utilities precluded this option. The buildings to the south
(Sunstone Condominiums) are separated from the shared property line by a parking lot
that is approximately 57 feet wide. The combination of existing mature trees on the
property to the south, the existing fence and distance between the buildings provides a
sufficient amount of buffering to ensure the privacy of the existing residents occupying
the northern portions of the Sunstone Condos.
Fairview Shopping Center Filing four (1409 West Elizabeth Multifamily) PDP
Administrative Hearing Findings, Conclusions, and Decision
June 28, 2012
Page 8 of 12
H. Section 3.2.2(K)(1) - Parking
This standard requires projects to provide a minimum number of residential parking
spaces based on the number of bedrooms per dwelling unit. The project proposes 6
studio units, 6 one -bedroom units, 6 two -bedroom units and 9 three -bedroom units for a
total 53 bedrooms. P.D.P. provides 63 vehicle parking spaces. The Land Use Code
requires 1.5 parking spaces for studio and one -bedroom units; 1.75 parking spaces for
two bedroom units and 2 parking spaces per three -bedroom unit. The project is required
to provide 44 parking spaces total. The P.D.P. provides 63 parking spaces; 47 standard
width, 12 compact width and 4 handicapped accessible spaces.
In addition, the property historically featured shared parking arrangement between
Wendy's and the fraternity house use. The P.D.P. proposes to keep the previous shared
parking agreement with Wendy's in place. An access and parking easement agreement
will be provided at time of final, identifying the terms and conditions by which the owners
of 1409 West Elizabeth Street and 1405 West Elizabeth Street will operate, manage
and maintain the drive isles and parking stalls that are shared between the two parcels.
Section 3.2.2(K)(5) — Handicap Accessible Parking
The proposed site plan satisfies this requirement in terms of the number of handicap
parking stalls, their location and configuration. The site plan shows 4 handicap spaces,
exceeding the 2% of total automobile parking spaces requirement.
J. Section 3.2.3(D) - Shading
This section sets a maximum shading standard but it specifically exempts structures
within the Community Commercial zone district.
K. Section 3.2.4 — Site Lighting
The proposed site lighting generally complies with the requirements set forth in this
section of the LUC. Parking lot lighting will feature down -directional and sharp cut-off
fixtures. The public street lighting has been factored into the Lighting Plan to avoid
redundancy.
L. Section 3.2.5 — Trash and Recycling Enclosures
The proposed trash collection / recycling enclosure satisfies the requirements set forth
in this section of the Land Use Code. A new trash enclosure is proposed on the
southwest corner of the site and is approximately 150 square feet in size on a concrete
slab. As proposed, the enclosure will be 6 feet in height, constructed of premium cedar
lumber.
Fairview Shopping Center Filing four (1409 West Elizabeth Multifamily) PDP
Administrative Hearing Findings, Conclusions, and Decision
June 28, 2012
Page 7 of 12
the slope and aspect of the different hydrozones. Regular and attentive maintenance is
stipulated in the landscape notes. The project meets the water conservation standards.
C. Section 3.2.1(E)(4) — Parking Lot Perimeter Landscaping
The parking consists of surface spaces, and is mostly located internal to site and
screened from public view by the building to the north as well as a 6 foot fence on the
south property line. The perimeter of the parking lot is adequately landscaped and
meets the standard.
D. Section 3.2.1(E)(5) — Parking Lot Interior Landscaping
Parking lot areas dedicated on the site plan are required to devote at least 6% of the
area of the parking lot to landscaped areas. There are no rows of parking that exceed
15 spaces. As illustrated on the landscape plan, proposed parking area allocate greater
than 6% to landscaped areas, including a tree within the parking area island, and at the
ends of parking aisles, when such areas can physically accommodate a tree.
E. Section 3.2.1(F) — Tree Protection and Replacement
As expected with an infill redevelopment site, there are existing trees. The City Forester
has inventoried the existing trees and determined a mitigation schedule. There are 15
existing trees and of this total, 5 trees will be preserved and 10 are to be removed. Of
the 10 trees to be removed, 6 were determined by the City Forester to be in poor
condition and 1 was considered to be in fair condition. For mitigation, 11 trees are
required with 7 "up -sized" on -site mitigation trees and 4 off -site mitigation trees. In
addition, at time of final, a note stipulating that 4 upsized mitigation trees will be planted
off site within one quarter mile and that planting locations will be provided and approved
by the City Forester.
F. Section 3.2.2 — Access, Circulation and Parking
The site is served by West Elizabeth Street to the north and shares a common entry
with the' Wendy's fast food restaurant to the east. The existing sidewalk along West
Elizabeth Street is attached and only three feet wide and will be replaced by a larger
attached walk that is 10 feet wide, necking down to 8 feet in width to accommodate a
tree. This exceeds the standard sidewalk width by 2-4 feet.
G. Section 3.2.2(C)(4) — Bicycle Facilities
This section requires bicycle parking spaces equal to 5 percent of the total number of
automobile parking spaces provided by the development. As proposed, the project
includes 63 vehicular parking spaces, thus requiring 3 bicycle parking spaces. The
project provides 22 exterior bicycle parking spaces via 2 "ring -shaped" racks located on
the north and south entrances of the proposed building.
Fairview Shopping Center Filing four (1409 West Elizabeth Multifamily) PDP
Administrative Hearing Findings, Conclusions, and Decision
June 28, 2012
Page 6 of 12
This standard requires that development in the C-C zone shall feature a series of
blocks. The Fairview Shopping Center Filing Four multi -family project is located on a
northern portion of an existing block that was previously established by existing streets.
Given this existing block structure, the P.D.P. complies with the standard.
F. Section 4.18(E)(2)(b) — Block Size
This standard requires that all blocks shall be limited to a maximum size of seven acres.
The blocks are already established, thus the P.D.P. complies with this standard.
G. Section 4.18(E(2)(c) — Minimum Building Frontage
This standard requires that 40% of each block side and 50% of the total of all block
sides shall consist of building frontage, plazas or other functional open space. Since
Fairview Shopping Center Filing Four occupies only a small portion the northern one-
half of the total block, the standard requiring 50% of the total of all block sides to feature
building frontage is not applicable.
H. Section 4.18(E)(2)(d) — Building Height
This standard requires that all buildings be at least 20 feet in height and no higher than
five stories. As proposed, the Fairview Shopping Center Filing Four P.D.P. features a 39
foot, three story building, meeting the standard.
5. Compliance with Article Three — General Development Standards:
The following General Development Standards are applicable to Fairview Shopping
Center Filing Four P.D.P.
A. Section 3.2.1 — Landscaping and Tree Protection
The P.D.P proposes to protect the three large existing honey locust trees along West
Elizabeth Street. Foundation plantings are provided appropriately. In general, the
proposed landscaping is appropriate for scope of the project and satisfies the applicable
LUC standards.
B. Section 3.2.1(E)(3) —Water Conservation Standards
Water conservation techniques and materials are incorporated into the P.D.P.
landscape plan by the use of mostly drought tolerant trees and moderate water use
plant materials where practical. An automatic, underground irrigation system will be
designed to address specific needs of different plan species, soil conditions as well as
Fairview Shopping Center Filing four (1409 West Elizabeth Multifamily) PDP
Administrative Hearing Findings, Conclusions, and Decision
June 28, 2012
Page 5 of 12
the study was completed but did not achieve adoption as an official Sub -Area on equal
status with the other plans such as the Harmony Corridor Plan.
The primary focus of the study was on the commercial core along West Elizabeth
Street. With regard to multi -family development, the study identified that while parking is
a constraint, residential development would "add vitality and ambience to the district,
add interest to new architecture, and add housing choices in a very convenient
location." In general, Fairview Shopping Center Filing Four can be seen as an
incremental step toward redevelopment and upgrading the Campus West neighborhood
so that it is more urban and walkable, by constructing new physical public and private
improvements.
4. Compliance with Article Four, C-C Zone District Standards:
A. Section 4.18(B)(2)(a) - Permitted Use
As mentioned, multi -family dwellings are a permitted use in the C-C zone, subject to
Administrative Review.
B. Section 4.18(D)(2) — Secondary Uses
This standard requires that since residential uses are considered secondary, and since
the project is less than ten acres, the P.D.P. must demonstrate how the project
contributes to the overall mix of land uses within the surrounding area but shall not be
required to provide a mix of land uses within the development. The P.D.P. is located on
West Elizabeth Street, nestled in between Wendy's fast food restaurant (to the east)
and CB and Potts restaurant (to the west). This proximity between residential and
commercial uses will contribute to the walkable character of the area and further
urbanize the C-C zone district.
C. Section 4.18(E)(1)(b) — Central Feature or Gathering Space
The proposed plan provides an updated plaza space on the north side of the building
featuring two sitting areas.
D. Section 4.18(E)(1)(c) - Integration of the Transit Stop
This standard requires transit stops to be centrally located and adjacent to the core
commercial area. West Elizabeth Street is served by Transfort Route #11 and a transit
stop is currently located near this site; east of the intersection of West Elizabeth Street
and City Park Avenue.
E. Section 4.18(E)(2)(a) - Block Structure
Fairview Shopping Center Filing four (1409 West Elizabeth Multifamily) PDP
Administrative Hearing Findings, Conclusions, and Decision
June 28, 2012
Page 4 of 12
The subject property was part of the Sixth Fairview Annexation in February, 1965 and
was first subdivided as part of the Twelfth Fairview Subdivision in 1970. In 1977, the
Fairview Shopping Center was approved and then replatted in 1979. Wendy's fast food
restaurant was approved on Lot 1 at this same time as Phase II of the Fairview
Shopping Center P.U.D. The existing building was approved as Nautilus Health Club
and was part of Phase II of the Fairview Shopping Center in January, 1987. In July
1992, the commercial health club (then vacant) was converted to the Pi Kappa Phi
fraternity house through an administrative change.
2. Context of the Surrounding Area:
Campus West is a mature, mixed -use neighborhood with one of the highest residential
densities in the City of Fort Collins. Its proximity to Colorado State University offers the
advantage of access to C.S.U. by means other than a vehicle. West Elizabeth Street (a
constrained arterial street) is a convenient east -west travel corridor that connects a
significant number of student -oriented multi -family dwelling units to the main campus of
C.S.U. and commercial services. Its' signalized intersection with City Park Avenue
allows for safe crossing for bicyclists and pedestrians and leads directly to the heart of
the campus.
The Campus West area not only features a mix of land uses but a mix of structures of
different ages. The area has continually evolved, along with the growth of the university,
for decades. For example, newer projects include two-story mixed -use buildings along
the street exemplifying the principles of new urbanism as well as older steel commercial
buildings set back behind large parking lots.
Several years ago, the City of Fort Collins funded a capital project resulting in the
construction of street improvements, sidewalk widening, crosswalk enhancements,
street trees, street furniture and decorative street lights along two blocks of West
Elizabeth Street between Shields Street and City Park Avenue. More than simply a
face-lift, these public improvements have enhanced pedestrian and bicycle safety as
well as the image of the area. The Fairview Shopping Center Filing Four multi -family
project assists with the area's transition from an auto -dominated development pattern to
a more walkable district and further encourages private sector redevelopment on a
parcel -by -parcel basis, in concert with City Plan.
3. Campus West Study:
The C-C zoning was placed on the Campus West area in 1997 in order to implement
City Plan. At the time, there was concern that the vision of C-C zoning (ambitious
redevelopment incorporating new urbanism principles) was incongruous with the
character and existing development pattern of the area. Consequently, the City studied
the area to rectify the vision of the zoning with the constraints on the ground. In 2001,
Fairview Shopping Center Filing four (1409 West Elizabeth Multifamily) PDP
Administrative Hearing Findings, Conclusions, and Decision
June 28, 2012
Page 3 of 12
From the Public:
None
Written Comments:
None
FACTS AND FINDINGS
The site is located within the Campus West Study Area, approximately %2 mile west of
South Shields Street. The proposed land use, multi -family, is permitted in the C-C zone
district subject to Administrative Review. The P.D.P. satisfies the applicable criteria of
the General Development Standards of Article Three and the Community Commercial
(C-C) district standards of Article Four. The City of Fort Collins Land Use Code states
the purpose of the C-C zone district is to:
"provide a combination of retail, offices, services, cultural facilities, civic uses and
higher density housing. Multi -story buildings are encouraged to provide a mix of
residential and nonresidential uses. Offices and dwellings are encouraged to
locate above ground -floor retail and services."
The project site is .68 acres. The proposed project is three stories, 39 feet in height,
with public sidewalk improvements, and is in alignment with the vision of the Campus
West Community Commercial District Planning Study Report and the intent of the C-C
zone district.
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: CSU; Colorado State University — Student Housing;
S: M-M-N; Existing multi -family;
E: C-C; Wendy's fast food restaurant, additional retail beyond;
W: C-C; Existing commercial (C.B. & Potts restaurant).
Fairview Shopping Center Filing four (1409 West Elizabeth Multifamily) PDP
Administrative Hearing Findings, Conclusions, and Decision
June 28, 2012
Page 2 of 12
SUMMARY OF HEARING OFFICER DECISION:
ZONING DISTRICT: Community Commercial (C-C)
HEARING OFFICER DECISION: Approved with condition
STAFF RECOMMENDATION: Approval
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 5:30 p.m. on June 26, 2012 in Conference Room A at 281
North 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;
(3) a sign up sheet of persons attending the hearing; and (4) 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:
Courtney Levingston, City Planner
Marc Virata, Civil Engineer III, City of Fort Collins
From the Applicant:
Dave Derbes, 3003 E. Harmony Road, Suite 300, Fort Collins, CO 80528
Nick Haws, 200 S. College Avenue, Suite 10, Fort Collins, CO 80524
Ian Shuff, 712 Whalers Way, Suite B-100, Fort Collins, CO 80525
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
June 26, 2012
Fairview Shopping Center Filing four
(1409 West Elizabeth Multifamily)
Project Development Plan
#PDP 120009
Brinkman Partners, LLC
c/o Dave Derbes
3003 E. Harmony Rd, Suite 300
Fort Collins, CO 80528
Abraham S. Ramos, Inc
605 S. College Avenue
Fort Collins, CO 80524
Peter Barnes
City of Fort Collins Zoning Administrator
This is a request to demolish the existing two-story residential building (formerly a
fraternity house) located at 1409 West Elizabeth Street and construct a new three-story,
27 unit, multi -family building in its place. The 27 dwelling units would be distributed
among 3 floors in one building and include 6 studio units, 6 one -bedroom units, 6 two -
bedroom units and 9 three -bedroom units for a total of 51 bedrooms, leased by the unit,
and 63 on -site parking spaces. In addition, 22 bicycle parking spaces are proposed. The
site is zoned Community Commercial (C-C), and multi -family buildings are a permitted
use, subject to an administrative (Type 1) review and public hearing.
Planning, Development & Transportation Services
,,F,�`o�rt` Collins
of
June 28, 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 Fairview Shopping Center Filing Four (1409 West Elizabeth Multifamily)
Project Development Plan, #PDP 120009 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 Fairview Shopping Center
Filing Four (1409 West Elizabeth Multifamily) Project Development Plan, #PDP 120009.
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 26, 2012.
This final decision of the Administrative Hearing Officer may be appealed to the City
Council, in accordance with Chapter 2, Article 11, Division 3 of the City Code, within 14
calendar days of the date of final action June 28, 2012 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on July 12, 2012. Guidelines explaining the
appeal process, including the Code provisions previously referenced, can be found
online at fcgov.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 970-416.2355.
Sincerely,
/0.� 13 0-,�
Peter Barnes
Zoning Administratorr