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HomeMy WebLinkAboutPENNY FLATS, LOT 1B, FIRST REPLAT - MAJOR AMEND. - MJA110002 - DECISION - CORRESPONDENCE-HEARINGAJ � y C2- �J i ICDe�P� QZro�c�e✓ Page 1 of 1 Ken Waido From: Ted Shepard Sent: Monday, May 09, 2011 7:59 AM To: Ken Waido Subject: FW: #MJA 11-0002 Ken - Public input for Penny Flats: From: bobby stabile [mailto:naviaten@gmail.coml Sent: Saturday, May 07, 2011 6:27 PM To: Ted Shepard Subject: #MJA 11-0002 Dear Mr Shephard, As an owner of one unit at the existing Penny Flats, I would like to add my support to the proposed amendment for the project referred as "Penny Flats, Major Amendment to Lot 113 of the First Replat, #MJA 11-0002". A four story would be in keeping with the harmony with the existing building and the first floor units would be beneficial to the neighborhood as live -work capability. Thank you for your attention. Sincerely yours, . Robert Stabile (owner of 204 Maple Street, Unit 209 at Penny Flats) 5/9/2011 Penny Flats, Major Amendment #MJA 11-0002 Administrative Hearing Findings, Conclusions, and Decision May 13, 2011 Page 12 of 12 A note shall be added to the Site Plan stating that any future conversion of the first floor, street -facing mixed -use dwellings to commercial floor area shall be processed as a Minor Amendment. Dated this 12 day of May, 2011, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. 4�� 6t Ken Waido, Chief Planner Advance Planning Department Penny Flats, Major Amendment #MJA 11-0002 Administrative Hearing Findings, Conclusions, and Decision May 13, 2011 Page 11 of 12 B. The project results in an increase of four dwelling units which exceeds one -percent of the total, and removes commercial floor area in favor of mixed -use dwellings thus triggering a Major Amendment. C. The Major Amendment continues to comply with the applicable standards of the Downtown zone, Civic Center sub -district as well as the applicable General Development Standards. D. It is advantageous in an urban context for buildings to feature commercial floor area on the first floor along the street. In order to facilitate any future conversion of the mixed -use dwelling units to commercial floor area, such change of use maybe allowed as a Minor Amendment. . RECOMMENDATION Staff recommends approval of Penny Flats, Lot 113, First Replat, Major Amendment, #MJA110002, subject to the following condition: A note shall be added to the Site Plan stating that any future conversion of the first floor, street -facing mixed -use dwellings to commercial floor area shall be processed as a Minor Amendment. DECISION The major concern expressed at the administrative hearing was on the issue of parking and the reserved number of 24 parking spaces in the underground parking garage for 30 units, a ratio of only 0.8 spaces per unit. As was pointed out at the hearing, the proposed development is located in the Transit -Oriented Development (TOD) Overlay Zone. The TOD has no minimum parking requirements because the zone is designed to encourage the use of alternative modes of transportation and not have residents rely solely on the private automobile. The proposed development is located at the northern end of the Mason Corridor, and is in fact, just across the intersection of Maple Street and Mason Street from the Downtown Transit Center, the northern terminus of the mason Corridor. The policies of City Plan, the City's comprehensive plan, and the Master Transportation Plan, promote a compact urban form and the use of alternative modes, especially along the "spine" (Mason Corridor/College Avenue) of the community and in activity centers (including the Downtown). The inclusion of the live -work units on the ground floor facing mason Street reinforces this proposed development's attempt to address City plans. Therefore, the Hearing Officer believes a requirement for this proposed development to provide additional parking for the 30 units would be contrary to City's long range vision, goals, and policies. The Penny Flats Major Amendment # MJA110002, is hereby approved by the Hearing Officer with the condition as stated in the staff recommendation which states the following: Penny Flats, Major Amendment #MJA 11-0002 Administrative Hearing Findings, Conclusions, and Decision May 13, 2011 Page 10 of 12 A shadow analysis was performed for the approved six -story building. Since the proposed building is only four stories, any impact related to shadowing is reduced. E. Section 3.5.3 — Relationship of Buildings to Streets, Walkways and Parking This standard requires pedestrian orientation to a walkway or street. The building continues to orient to Mason Street. F. Section 3.5.3 — Mixed -Use Buildings — Character and Image, Facades, Entrances, Base and Top Treatments This standard prescribes architectural standards. The Major Amendment continues to provide facades that exceed the minimum wall articulations. Walls have clearly defined bays, multiple changes in plane, materials and texture, arcades, awnings and porticos. All sides of the building have high quality materials consistent with the front fagade. The building has been designed with appropriate base and top treatments including stone and masonry cornices and stone and the bases. G. Transportation Level of Service Requirements The Major Amendment adds four dwelling units and decreases commercial floor area by 2,998 square feet. These changes do not affect the levels of service along the surrounding public streets and intersections. 5. Neighborhood Information Meeting There was no neighborhood meeting. SUMMARY OF CONCLUSIONS In evaluating Penny Flats, Lot 1B, First Replat, Major Amendment, staff makes the following findings of fact: A. Mixed -use dwellings and multi -family dwellings are permitted in the Downtown District, Civic Center Subdistrict, subject to an Administrative Hearing. Penny Flats, MajorAmendmenL#MJA 11-0002 Administrative Hearing Findings, Conclusions, and Decision May 13, 2011 Page 9 of 12 4. Compliance with Applicable General Development Standards: A. Section 3.2.2(K)(1)(a)1— Parking Multi -family and mixed -use dwellings within the Transit -Oriented Development (TOD) Overlay Zone have no minimum parking requirements. The project is located within the TOD Overlay zone. The existing ten surface parking spaces will be removed. All parking will be located in the existing underground garage and 24 spaces will be allocated for the proposed building. B. Section 3.4.7 — Historic and Cultural Resources The building is southeast of the historic Trolley Barn, a significant historic building designated in 1992 as a Local Landmark and owned by the City of Fort Collins. These standards require that the proposed development protect and enhance the value of the adjacent historic resource. The building is separated from the Trolley Barn by two other future buildings. The existing approved plan was carefully evaluated for compliance with this standard and the two intervening buildings preserve the integrity of the Trolley Barn primarily by use of brick and stone exterior materials and by stepping back the mass. The subject amendment does not revise the relationship between the Trolley Barn and Penny Flats. C. Section 3.5.1— Architectural Character, Building Size, Mass and Scale This standard requires that the Major Amendment remain compatible with the surrounding area, particularly the residential area to the west. The Major Amendment allows Penny Flats to remain complementary with the neighborhood and historic context of the surrounding area. The project continues to provide a logical transition from the existing neighborhood and Civic Center, both in terms of height and massing. Along Mason Street, the building is comparable in size and scale with the existing building and contributes to an urban context. The continued use of brick, stone, commercial display windows and detailing at the ground floor promote compatibility with the surrounding area. D. Section 3.5.3(G) — Height — Shadow Analysis This standard requires that buildings over 40 feet do not cause a substantial adverse impact on the distribution of natural and artificial light on adjacent public and private property. Penny Flats, Major AmendmeiIL #MJA 11-0002 Administrative Hearing Findings, Conclusions, and Decision May 13, 2011 Page 8 of 12 For the first floor, a raised sidewalk terrace behind the public sidewalk provides a transition from public space to private space. This semi-public space/private space acts as a zone for engaging with the public realm. For the upper stories, balconies are provided on the east elevation along Mason Street. Note that the building does not adjoin the north -south pedestrian spine that bisects the entire block. F. Section 4.16(D)(5)(e) — Building Character and Facades — Exterior Fagade Materials This standard requires that all street -facing facades shall be constructed of high quality materials for the full height of the building. The building maintains a combination of brick, stucco, split face concrete block and metal siding for the full height of the structure. A portion of the facade is a projecting bay consisting of stucco in contrast with flush wall of masonry. G. Section 4.16(E)(a) — Parking Lots This standard requires that parking lots not dominate street frontages. There is no surface parking associated with the Major Amendment. The existing parking lot is underground. In general, parking for the entire block has been designed to avoid interrupting the pedestrian focus of the project. H. Section 4.16(E)(c) — Plazas and Section 4.16(F) — Special Provisions — Civic Center Subdistrict This standard requires the project to provide for the civic center spine. The Major Amendment does not adjoin the civic center spine. This spine is designed to ultimately connect Mason Street North and the Discovery Science Museum to the City office building and Larimer County Justice Center to the south. Section 4.16(F)(4) — Incorporation of New Buildings This standard requires that new buildings be designed in a manner that establishes continuity and visual connection between new and existing buildings. The proposed building, as amended, will be similar in height, mass and scale as the existing building. With the use of similar materials, the proposed building will complement the overall Penny Flats project. Penny Flats, Major Amendment#MJA 11-0002 Administrative Hearing Findings, Conclusions, and Decision May 13, 2011 Page 7 of 12 The proposed building will decrease from six stories (77 feet) to four stories (58 feet). The maximum allowable height on Block 33 is six stories (85 feet). The Major Amendment, therefore, complies with this standard. B. Section 4.16(D) (4) (b) 1. — Building Mass Reduction for Taller Buildings - Base This standard requires that buildings over three stories shall have a base that is differentiated from the remainder of the building. The proposed building will feature pedestrian entrances and double -height windows along Mason Street. The base is includes non-residential store -fronts on the ground floor and residential units above. This is intended to create an interaction between the mixed -use dwelling units and the public street and sidewalk. The use of different exterior materials further distinguishes the base from the remainder of the building. C. Section 4.16(D)(4)(b)2. — Building Mass Reduction for Taller Buildings — Upper Floor Setbacks This standard requires that upper portions of taller buildings shall be further set back above the base in such a manner as to contribute to a significant aspect of the building design. The existing approved building contains six stories with the sixth story being stepped back from the fifth story by a 45 degree angle. As proposed, the building has been reduced to four stories. While the fourth story is not stepped back by a significant angle, it is slightly stepped back and there are exterior material changes, similar to the lower five stories that were previously approved. This includes a cornice at the top of the masonry and a change in material to the siding of the fourth story. D. Section 4.16(D)(5)(a) — Building Character and Facades — Blank Walls This standard requires that no blank walls that face a public street, public plaza or walkway shall exceed 50 feet in length. There are no blank walls that exceed 50 feet in length. E. Section 4.16(D)(5)(b) — Building Character and Facades — OutdoorActivity This standard requires that buildings promote outdoor activity with balconies, arcades, terraces, decks and courtyards to the extent reasonably feasible. Penny Flats, Major Amendmenr #MJA 11-0002 Administrative Hearing Findings, Conclusions, and Decision May 13, 2011 Page 6 of 12 2. Differences Between Approved Plan and Proposed Amendment: Proposed Amendment Previously Approved Amendment Building Height, Stories 4 6 Building Height, Feet 58' 77'-4" Floor Area Residential 23,959 26,409 Floor Area Commercial 0 2,998 Floor Area Common/Circulation 4,322 5,132 Floor Area Total 1 bedroom units 18 11 2 bedroom units 8 14 3 bedroom units 4 1 Total Bedroom Count 46 42 Total Unit Count 30 26 Surface Parking 0 10 Below Grade Parking no change As can be seen by the table, the primary change is the removal of first floor commercial space in favor of dwelling units. This is due to the challenges of filling commercial floor area one block west of North College Avenue and the dearth of customers either walking or driving by the site. In other words, the site is not conducive to ground floor retail or services. The street -facing, first floor units, however, will be designated as "mixed -use dwellings" in order to promote home occupations or live -work opportunities. Further, these units will feature store -front architecture so that should there be a reverse in market trends, conversion from residential back to commercial remains feasible. 3. Compliance with Applicable Downtown District - Civic Center Subdistrict Standards: A. Section 4.16(D)(2) — Building Height This standard establishes the maximum allowable building heights in the Civic Center on a block -by -block basis. Penny Flats, MajorAmendmeilL#MJA 11-0002 Administrative Hearing Findings, Conclusions, and Decision May 13, 2011 Page 5 of 12 COMMENTS: Background: The surrounding zoning and land uses are as follows N: D—Downtown District - Civic Center Subdistrict with LMN—Low Density Mixed - Use Neighborhood (existing residential and a mixed -use project); NE: POL—Public Open Land — Discovery Science Museum; E: D—Downtown District - Civic Center Subdistrict — vacant land and abandoned tire shop and drive -through restaurant; SE: D—Downtown District - Civic Center Subdistrict — existing Downtown Transit Terminal and existing office, retail and mixed -use; S: D—Downtown District - Civic Center Subdistrict — Existing office and industrial (City office building and the former Haiston Oil Company), with existing Larimer County government offices; SW: D—Downtown District— Civic Center Subdistrict— Existing park and municipal government offices; W: D—Downtown District— Civic Center Subdistrict— Existing single family residential and existing office with NCB —Neighborhood Conservation Buffer District; NW: NCB —Neighborhood Conservation Buffer District— Existing residential. Block 33 is currently divided into three ownerships; Penny Flats LLC (Coburn Development — existing building), Brinkman Partners (proposed building) and the City of Fort Collins. The historically significant Trolley Barn at the northwest corner of the block will be retained in City ownership. The balance of the City -owned parcels may ultimately be sold to a private developer in order to build out the mostly residential mixed -use project. There are a few existing buildings on the southwest quadrant of the block that will be demolished at the time of redevelopment. The redevelopment process began in July, 2004 when City Council passed Resolution #2004-081which directed the City Manager to initiate a process for disposition and appropriate development of Block 33. The City issued Request For Proposal (RFP) #P955 in September, 2004 to seek a qualified development team to purchase the property and develop it according to the Civic Center Master Plan, adopted by the City Council in July 1996. The City chose Coburn Development, Inc. which built the existing building at the immediate corner of Mason and Maple Streets. Penny Flats, MajorAmendmenL#MJA 11-0002 Administrative Hearing Findings, Conclusions, and Decision May 13, 2011 Page 4 of 12 with the development standards of the Downtown zone as well as the applicable General Development Standards. A condition of approval to add a note to the Site Plan is recommended. This note would allow any future conversion of the first floor units back to commercial floor area to be processed as a Minor Amendment. Penny Flats, Major Amendmern #MJA 11-0002 Administrative Hearing Findings, Conclusions, and Decision May 13, 2011 Page 3 of 12 John Graves Ken Mannon Written Comments: Email From: bobby stabile [mailto:naviaten@gmail. com] Sent: Saturday, May 07, 2011 6:27 PM To: Ted Shepard Subject: #MJA 11-0002 Dear Mr. Shepard, As an owner of one unit at the existing Penny Flats, I would like to add my support to the proposed amendment for the project referred as "Penny Flats, Major Amendment to Lot 1 B of the First Replat, #MJA 11-0002". A four story would be in keeping with the harmony with the existing building and the first floor units would be beneficial to the neighborhood as live -work capability. Thank you for your attention. Sincerely yours, Robert Stabile (owner of 204 Maple Street, Unit 209 at Penny Flats) TESTIMONY: During the administrative hearing two questions were raised: 1) maintenance of the building's fagade; and 2) number of parking spaces for future residents of the proposed 30 units. Applicant response: The front fagade (Mason Street) was reviewed by the Downtown Development Authority and the property owner will be responsible for long-term maintenance. Applicant response The development will have 24 designated parking spaces in the underground parking garage that will be available for rental by the residents. Others will need to use on -street parking, if they have a vehicle(s). FACTS AND FINDINGS The increase in the number of dwelling units and the loss of first floor commercial space in favor of mixed -use dwellings constitutes a change in character thus triggering a Major Amendment. The two uses, mixed -use dwellings and multi -family dwellings are permitted in Downtown zone - Civic Center sub -district. The Amended plan complies Penny Flats, Major Amendment #MJA 11-0002 Administrative Hearing Findings, Conclusions, and Decision May 13, 2011 Page 2 of 12 use dwellings to commercial floor area shall be processed as a Minor Amendment. 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. A letter to Affected Property Owners was sent on April 23, 2011, providing notice of the scheduled administrative hearing. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:35 p.m. on May 9, 2011 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: Ted Shepard, Chief Planner, Current Planning Department From the Applicant: Kevin Brinkman Dave Derbes From the Public: Jim Roeder Heather McNeill Anthony McNeill Michael Cheser City of F Collins Planning, Development and Transportation Services Current Planning 281 N. College Avenue PO Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov.com/Currentp/anning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMIN HEARING DATE PROJECT NAME: CASE NUMBER: APPLICANT: May 9, 2011 Penny Flats Major Amendment #MJA 11-0002 Brinkman Partners, LLC 3003 E Harmony Road Fort Collins, CO 80528 OWNER: BPPL Penny Flats LLC 3003 E. Harmony Road Fort Collins, CO 80528 HEARING OFFICER PROJECT DESCRIPTION: Ken Waido, Chief Planner City of Fort Collins Advance Planning Department The proposed project is a mixed use development consisting of 27 multi -family residential apartment units with 3 select live -work units on the first floor. The proposed uses are permitted and encouraged within the Downtown Civic Center Sub District and will bring additional residents to the urban core that will serve to support the commercial district. The proposed project is located at 311 N. Mason Street, Building 4, Lot 1 B. The zoning is D - Downtown Civic Center. SUMMARY OF HEARING OFFICER DECISION: ZONING DISTRICT: D, Downtown (Civic Center Sub District) STAFF RECOMMENDATION: Staff recommends approval of Penny Flats, Lot 1 B, First Replat, Major Amendment, #MJA-11-0002, subject to the following condition: A note shall be added to the Site Plan stating that any future conversion of the first floor, street -facing mixed- l Planning, Development & Transportation Services City 01 Community Development & Neighborhood Services Fort Collins North 011egeAvenue P.P.O. Box 580 � Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov. com May 13, 2011 Attendee of the Project, Penny Flats, Lot 1 B, First Replat, Major Amendment, #MJA-11- 0002, 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 Penny Flats, Lot 1 B, First Replat, Major Amendment, #MJA — 11-002. 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 provided testimony at the public hearing. 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 May 13, 2011 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on Friday, May 27, 2011. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcqov.comfcgov.com/ci�clerk/appealsphp, 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 221-6343. Sincerely, At, W4 Ken Waido Chief Planner