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Home My WebLink AboutPENNY FLATS, LOT 1A, FIRST REPLAT - MAJOR AMEND. - MJA120001 - DECISION - CORRESPONDENCE-HEARINGAdministrative Public Hearing Sign -In Project: PAW ^/ Y F/- ATS g 4 o T 1 A434 0 G. 3 Meeting Location: mod( N• Gar i e 6s- Date: /I,FV IS- -2e101 PLEASE PRINT CLEARLY Name _ Address Phone Email 6 l! MOO w. n A.� (Lvv�a> �� AQ_$�.1 �L. c�uoN D�vc—�> air e00�ou o o ;;�-447--3361 Ckvoi Penny Flats, Lot 1A, First Replat, Major Amendment # MJA 20001 Administrative Hearing Findings, Conclusions, and Decision May 22, 2012 Page 10 of 10 DECISION The Penny Flats, Lot 1A, First Replat, Major Amendment, #MJA120001 is hereby approved by the Hearing Officer without condition, dated this 22 day of May, 2012, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Pete VVray, Senior City Planner Penny Flats, Lot 1A, First Replat, Major Amendment # MJA 20001 Administrative Hearing Findings, Conclusions, and Decision May 22, 2012 Page 9 of 10 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. As part of this Major Amendment to Building Three, the major walkway spine will be constructed north to Cherry Street. 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 buildings. With the use of similar materials, the proposed building will complement the overall Penny Flats project. FINDINGS OF FACT I CONCLUSIONS: In evaluating Penny Flats, Lot 1A, First Replat, (Building Three), Major Amendment, staff makes the following findings of fact: A. Multi -family dwellings are permitted in the Downtown District, Civic Center Subdistrict, subject to an Administrative Hearing. B. The project results in an increase of two dwelling units which exceeds one -percent of the total 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. RECOMMENDATION: Staff recommends approval of Penny Flats, Lot 1A, First Replat, Major Amendment, #MJA120001. Penny Flats, Lot 1 A, First Replat, Major Amendment # MJA 20001 Administrative Hearing Findings, Conclusions, and Decision May 22, 2012 Page 8 of 10 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 three 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 — Outdoor Activity This standard requires that buildings promote outdoor activity with balconies, arcades, terraces, decks and courtyards to the extent reasonably feasible. The west elevation features balconies on the fourth floor. Along the spine there are three entrances contributing to activity at the ground floor. 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. 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. Penny Flats, Lot 1A, First Replat, Major Amendment # MJA 20001 Administrative Hearing Findings, Conclusions, and Decision May 22, 2012 Page 7of10 G. Transportation Level of Service Requirements The Major Amendment adds two dwelling units. This increase does not affect the levels of service along the surrounding public streets and intersections. At the Hearing, no verbal public comments were received. A letter dated May 4, 2012 from Mr. and Mrs. Dawson was included as written comments during the Hearing. These owners previously resided at Penny Flats in Unit 307 before the fire. In the letter, the owners stated support for the proposed Major Amendment. 5. Compliance with Applicable Article 4 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. The proposed building will decrease from six stories (65 feet) to four stories (50 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 base that is differentiated from the remainder of the building. The architectural elevations for Building Three do not significantly change with the proposed Major Amendment. The base remains distinctive and differentiated from the building fields for the three upper floors. 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. Penny Flats, Lot 1A, First Replat, Major Amendment # MJA 20001 Administrative Hearing Findings, Conclusions, and Decision May 22, 2012 Page 6 of 10 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 buildings and contributes to an urban context. The continued use of brick with entrances along the major walkway spine promotes 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. 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 the Civic Center major walkway spine. 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, multipl&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 brick and masonry cornices and split -face concrete block at the base. Penny Flats, Lot 1A, First keplat, Major Amendment # MJA 20001 Administrative Hearing Findings, Conclusions, and Decision May 22, 2012 Page 5 of 10 As can be seen by the table, the primary change is the increase in the number of units from 21 to 19 and the lowering of the height from six to four stories. 3. Compliance with Applicable Article 2 — Administration: The Penny Flats, Lot 1A, First Replat, Major Amendment complies with the applicable requirements of the Land Use Code, including the procedural requirements located in Division 2.2 — Common Development Review Procedures for Development Applications; and Division 2.4 — Project Development Plan. 4. Compliance with Applicable Article 3 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 seven surface parking spaces will be removed. All parking will be located in the existing underground garage. 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 125 feet. The existing approved plan was carefully evaluated for compliance with this standard and all 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. Penny Flats, Lot 1A, First rteplat, Major Amendment # MJA 20001 Administrative Hearing Findings, Conclusions, and Decision May 22, 2012 Page 4 of 10 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. In October of 2011, Building Five caught fire and was destroyed. It is being rebuilt. Building Four was heavily damaged and is being restored. 2. Differences Between Approved Plan and Proposed Amendment: Proposed Amendment Previously Approved Amendment Building Height, Stories 4 6 Building Height, Feet 50' 65' Floor Area Residential 16,602 21,313 Floor Area Commercial 0 0 Floor Area Common/Circulation 0 0 Floor Area Total 16,602 21,313 1 bedroom units 15 12 2 bedroom units 6 7 3 bedroom units 0 0 Total Bedroom Count 27 26/34 Total Unit Count 21 19 Surface Parking 0 7 Below Grade Parking no change no change Penny Flats, Lot 1A, First keplat, Major Amendment # MJA 20001 Administrative Hearing Findings, Conclusions, and Decision May 22, 2012 Page 3 of 10 From the Public: None Written Comments: Letter from Albert & Linda Dawson, dated May 4, 2012 (655 Reva Ridge Rd., Twin Lakes, CO 81251). FACTS AND FINDINGS The increase in the number of dwelling units constitutes a change of more than one percent in the number of units thus triggering a Major Amendment. The Amended plan complies with the development standards of the Downtown zone as well as the applicable General Development Standards. 1. Background The surrounding zoning and existing 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 — Building Four), Brinkman Partners (Building Five) and the City of Fort Collins. The historically significant Trolley Barn at the northwest corner of the block will Penny Flats, Lot 1A, First Replat, Major Amendment # MJA 20001 Administrative Hearing Findings, Conclusions, and Decision May 22, 2012 Page 2 of 10 SUMMARY OF HEARING OFFFICER DECISION: ZONING DISTRICT: D, Downtown, Civic Center sub -district 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 4:30 p.m. on May 15, 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: Ted Shepard, Chief Planner From the Applicant: Dan Rotner, Coburn, 3020 Carbon PI. #203, Boulder, CO 80301 Kevin Brinkman, Brinkman Partners, 3003 East Harmony Rd., Suite 300, Fort Collins, CO 80528 Dave Derbes, Brinkman Partners, 3003 East Harmony Rd., Suite 300, Fort Collins, CO 80528 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: May 15, 2012 Penny Flats, Lot 1A, First Replat, Major Amendment # MJA 120001 Kevin Brinkman, Brinkmau Partners 3003 Harmony Road, Suite 300 Fort Collins, CO 80528 210 Maple, LLC 3003 Harmony Road, Suite 300 Fort Collins, CO 80528 Pete Wray Senior City Planner This is a request to amend the approved plan for the proposed building (Building Three) immediately north of the existing corner building (Building Five) and west of the building under construction after the fire (Building Four) all located at the northwest corner of Mason Street and Maple Street. As presently approved, Building Three consists of six stories (65 feet), 19 dwelling units and 26 bedrooms. (Eight of these units included a den which could have been converted to a bedroom for a potential total 34 bedrooms.) As proposed, this amendment would lower the height to four stories (50 feet); increase the number of dwelling units to 21 and increase the number of bedrooms to 27. (None of the 21 units would include dens.) As approved, Building Three contains 21,313 square feet. As proposed by the Major Amendment, Building Three would contain 16,602 for a decrease of 4,711 square feet. There would be a decrease of seven parking spaces which were located at -grade below the second floor. There would be no change to the below -grade parking. The parcel is zoned D, Downtown, and Civic Center sub -district. Planning, Development & Transportation Services Fort Collins May 22, 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 Penny Flats, Lot 1A, First Replat, Major Amendment, # MJA120001 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 Penny Flats, Lot 1A, First Replat, Major Amendment, # MJA120001. 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 May 15, 2012. This final decision of the Administrative Hearing Officer may be appealed to the City Council, in accordance with Chapter 2, Article Il, Division 3 of the City Code, within 14 calendar days of the date of final action May 22, 2012 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on June 5, 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 970-221-6754. Sincerely, Pete Wray Senior City Planner