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HomeMy WebLinkAbout800, 808 & 814 W. PROSPECT RD. MIXED-USE (OBSERVATORY PARK) - PDP - 41-02A - DECISION - CORRESPONDENCE-HEARINGCity of Fort Collins -Type . Administrative Hearing Findings, Conclusions, and Decision Frazier Subdivision PDR 41-02A Page 8 of 8 1. At the time of submittal for Final Compliance, the exterior building elevations shall be modified to: a. include a stone base on the south facade to match that on the east, west and north; b. add more stone veneer accents to the facade; c. upgrade the siding materials and include high -quality wood windows; and d. include a larger variation in the wall plane by more prominent articulation in the form of bay windows or other similar features, and a change in building materials in association with the vertical elements of the project on the south elevation. 2. At the time of submittal for Final Compliance, the applicant shall have secured the necessary easements or rights -of -way, or other form of legal access satisfactory to the City Attorney, in order to provide the pedestrian and bicycle facilities necessary to maintain the adopted Level of Service standards contained in Part II of the City of Fort Collins Multi -modal Transportation Level of Service Manual and to comply with the requirements of Section 3.6.4(B) of the Land Use Code. Dated this 9"' day of June, 2005. Claire B. Levy Hearing Officer City of Fort Collins -Type . Administrative Hearing Findings, Conclusions, and Decision Frazier Subdivision PDP, 41-02A Page 7 of 8 4. Section 3.5.3(D)(2)(a) requires building bays to be a maximum of thirty (30) feet in width, with separate bays being visually established by architectural features. This standard supports requiring a larger variation in the wall plane and a change in building materials to delineate separate segments, break up the long plane of the building and create a more human scale. 5. Section 3.5.3(D)(6) requires all facades to have a recognizable "base" and suggests several means to achieve this. The architectural renderings for this project show that the north, east and west facades satisfy this standard through use of stone. The importance of Prospect Road and the intent of the H-M-N zone to create a pedestrian street frontage require that the south facade that fronts on West Prospect Road also include a stone base. This will also enhance the overall architectural quality of the project, as required by 3.5.1(B). 6. As reflected in the Memorandum from Ted Shepard dated May 31, 2005, discussed at the hearing on June 1, 2005, one of the bases for finding the project will meet the adopted Level of Service standard is the availability of alternative modes of transportation by means of pedestrian and bicycle access to the north. This finding cannot be made, and thus the LOS standard cannot be achieved, until the applicant secures an easement or other form of legal access that is acceptable to the City Attorney to allow pedestrian and bicycle access through the property to the north. SUMMARY OF CONCLUSIONS A. The Frazier Subdivision Project Development Plan satisfies the land use standards of the H-M-N High Density Mixed -Use Zone District B. As conditioned below, the Frazier Subdivision Project Development Plan complies with the development standards of the H-M-N Zone District and all applicable General Development Standards contained in Article 3 of the Land Use Code. C. As conditioned below, the Frazier Subdivision Project Development Plan complies with the West Central Neighborhoods Plan. DECISION The Frazier Subdivision Project Development Plan, #41-02A, is hereby approved by the Hearing Officer subject to the following conditions: City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Frazier Subdivision PDP, 41-02A Page 6 of 8 Section 3.5.1(H) also supports continued application of some aspects of compatibility requirements. That section applies to land uses with significantly different visual character that are adjacent to each other where gradual transitions are not possible or not in the best interest of the community. The policies and goals of the West Central Neighborhoods Plan and the decision to rezone this area will result in adjacent land uses with significantly different visual character. In this situation, Section 3.5.1(H) directs the development plan to comply, to the maximum extent feasible, with the scale, form, materials and other standards in Division 3.5. 1. Section 3.5.1(B) requires new developments in or adjacent to existing developed areas to be compatible with the established architectural character of the area by using complementary design. In areas where the existing architectural character is not consistent with the purposes of the Land Use Code, Section 3.5.1(B) requires the architecture of new development to set an enhanced standard of quality for future projects or redevelopment in the area. This compatibility language expressly accommodates the situation where new zoning will cause or require the slow transformation of an area. The Hearing Officer finds that this requirement of enhanced quality applies to this project. Additional stone veneer accents, upgraded siding materials, and high -quality wood windows would enhance the quality of architecture and help set an enhanced standard of quality for future redevelopment in this area. 2. Section 3.5.1(C) reinforces the facade variation required by Section 4.24(E)(1)(e). Clearly, multifamily structures at the allowed maximum height of five stories cannot be similar in bulk to the surrounding area. However, given the disparity in size, the structure must be articulated and subdivided into massing that is proportional to the mass and scale generally prevailing. This can be achieved by making the divisions of the long plane of the building more distinct. A larger variation in the wall plane and a change in building materials to highlight further this change are necessary. 3. Section 3.5.3(C) requires "substantial variation" in massing that includes a change in height and a projecting or recessed element when the horizontal plane exceeds the height by a ratio of more than 1:3. The Hearing Officer finds that the 12 to 18 inches proposed for the balconies does not constitute a "substantial variation" in massing. The change in roof height helps break up the mass. Modifications to the architecture to comply with other standards discussed in this section of the decision will achieve compliance with this standard. City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Frazier Subdivision PDP, 41-02A Page 5 of 8 applicable sections of Article 3, Divisions 3.2, 3.3, 3.4, 3.5, and 3.6 of the Land Use Code except as more specifically addressed below. Section 3.2.2(B) — Access, Circulation and Parking deserves particular mention. The location of the site and targeted population makes direct pedestrian and bicycle access north to the Colorado State University campus essential. The . applicant has indicated the intent to provide a pedestrian connection to the north through the adjoining property by means of an easement. Securing this easement or some other guarantee of legal access is necessary to comply with the Access, Circulation and Parking standards as well as the Transportation Level of Service standards in Section 3.6.5 (discussed below). B. The Hearing Officer finds that the project development plan does not substantially comply with the standards that address architectural character, building mass and scale, fagade treatment, and base and top treatments in Sections 3.5.1 (B) and (C), 3.5.3(C), 3.5.3(D)(2)(a), and 3.5.3(D)(6). Although the Staff Report concludes the standards in Article 4 supersede the standards in 3.5.1 (B) and (C), the Hearing Officer disagrees with this conclusion. Section 3.5.1 (A) states that the requirements in 3.5.1 should be read "in conjunction with" the more specific building standards contained in the zone district standards in Article 4. This language indicates that the standards in Section 3.5.1 apply together with, rather than being superseded by, the building standards in Article 4. The Hearing Officer further disagrees with the conclusion in the staff report concerning application of Section 1.7.2. This section provides direction when provisions of the Land Use Code are internally conflicting. "Intemally conflicting" commonly means that both standards cannot be applied simultaneously. The Hearing Officer does not find a conflict between the standards in Section 3.5.1 and Section 4.24(E). Rather, the standards in Section 3.5.1 amplify and expand on the standards in Section 4.24(E). Requiring projects in the H-M-N zone to meet the standards in Section 3.5.1 is also supported by the goals and policies in the West Central Neighborhoods Plan. Land Use Goal 7 of the Plan states the intention that high density infill should be sensitive to existing neighborhoods and create or maintain a desirable character for the neighborhood. In designating the area between Prospect Road and Lake Streets east of Shields as a redevelopment area, the West Central Neighborhoods Plan policies also express caution about creating incompatibility with surrounding areas as existing uses are converted to higher density uses. Thus, although the Plan acknowledges that strict compatibility requirements in the Land Use Code need to be modified to accommodate a wholesale change in zoning designation, the Plan also recognizes that aspects of compatibility and sensitivity to existing land uses remain important. City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Frazier Subdivision PDP, 41-02A Page 4 of 8 respect to all of these concerns with the exception of the quality of architecture, which will be addressed below. 2. Compliance with Article 4 and the H-M-N — High Density Mixed -Use Neighborhood Standards As is set forth above in the discussion about compatibility and is detailed in the Staff Report, the Project Development Plan complies with the Land Use and Density Standards for the H-M-N Zone. Regarding the Development Standards, the Hearing Officer adopts and incorporates the findings in the Staff Report concerning compliance with 4.24(E) with the exception of (E)(1)(e). Building facades in the H-M-N zone are required by 4.24 (E)(1)(e) to be Articulated with projections, recesses, covered doorways, balconies, covered box or bay windows and/or other similar features, dividing large facades into human -scaled proportions that reflect single-family dwellings nearby and avoiding repetitive monotonous, undifferentiated wall planes. The Staff Report relied primarily on the balconies to provide articulation of the building facade. Testimony by the applicant established that the balconies will project 12 to 18 inches from the main plane of the wall and will not function as usable space. The east -west dimension of the building envelope exceeds 176 feet according to the plat of Frazier Subdivision. The Hearing Officer finds that this degree of projection, given the length of the wall plane, does not provide sufficient articulation to "reflect single-family dwellings nearby and [avoid] repetitive monotonous, undifferentiated wall planes." In light of the very high density allowed in the H-M-N Zone District, its proximity to established low density single family zone districts, and the fact that single family uses will remain in the immediate area for the foreseeable future, the Hearing Officer finds that strict adherence to the letter and intent of this standard is important. The addition of a change in building materials associated with the gables, and more prominent articulation of the long building planes in the form of bay windows or other similar features is necessary for compliance with 4.24(E)(1)(e). 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Based on the Staff Report and the evidence taken at the hearing, the Hearing Officer finds that the project development plan complies with the City of Fort Collins -Type 1 Administrative Hearing Findings, Contusions, and Decision Frazier Subdivision PDP, 41-02A Page 3of8 M-N) zone district, and the rezoning of this site to H-M-N. The site and adjacent parcels on West Prospect Road currently contain single family dwellings. The area was previously zoned for low density residential uses. 1. Compatibility with Surrounding Uses: The land uses and zoning for the surrounding properties are as follows: N: H-M-N; Existing Apartments and Existing Fraternity House S: R-L; Existing Single Family Detached Dwelling Units E: H-M-N; Existing Single Family Detached Dwelling Units W: H-M-N; Existing Single -Family Detached Dwelling Units The H-M-N zoning is intended to be a setting for higher density multi family housing closely associated with, and in close proximity to, the Colorado State University Main Campus. Multi family dwellings are permitted subject to administrative review (4.24(B)(2)(a)) as are commercial and retail uses (4.24(B)(2)(c)). The H-M-N zone does not have a maximum allowed density. Instead, it requires a minimum overall average density of twenty (20) dwelling units per net acre of residential land. The density proposed for the Frazier Subdivision Project is 38.19 dwelling units per net acre. The P.D.P., therefore, complies with the density standard in 4.24(D)(1). While the density and proposed use are not compatible with existing uses to the east and west, it is anticipated that the area will be redeveloped consistent with the current H-M-N zone and therefore compatibility will be achieved over time. The properties on the south side of West Prospect Road will remain single family, detached dwelling units. This incompatibility was anticipated and expressly planned for in development of the West Central Neighborhoods Plan and the rezoning of the property on the north side of West Prospect to H-M-N, High Density Mixed -Use Neighborhood. Compatibility with uses to the south and mitigation of adverse impacts can be achieved by meeting the Development Standards in the H-M-N zone and the General Development Standards in Article 3. Testimony at the public hearing indicated concerns about the impact of additional traffic, the sufficiency of vehicular ingress and egress, whether there would be pedestrian access north to the Colorado State University Campus, the adequacy of parking, the need for pedestrian and bicycle upgrades to West Prospect Road, the quality of architecture and construction, the adequacy of drainage facilities, and the compatibility of a 15 foot setback in a residential area. The weight of the evidence established that the project complies with the applicable development standards and with other Fort Collins standards with City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Frazier Subdivision PDP, 41-02A Page 2 of 8 West Prospect Road between Whitcomb Street and Shields Street. The site is currently addressed as 800, 808 and 814 West Prospect Road and contains three single family detached dwelling units. SUMMARY OF HEARING OFFICER DECISION: Approval with conditions ZONING DISTRICT: The site is zoned H-M-N, High Density Mixed -Use Neighborhood and is within the West Central Neighborhoods Plan. STAFF RECOMMENDATION: Approval with conditions 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. Igel - R Lq ■ i The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:15 p.m. on May 11, 2005 in the City Council Chambers at 300 La Porte Avenue, Fort Collins, Colorado. After the May 11, 2005 hearing staff learned that some members of the public were not able to gain access to the hearing room. Accordingly, new notice was issued and the Hearing Officer presided over a continued hearing on June 1, 2005. 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) letters from the public and from the applicant's representative; and (4) public testimony provided during the hearing. All evidence received during the hearing on May 11 was incorporated into the record for the continued hearing on June 1. The LUC, the City's Comprehensive Plan (City Plan) including the West Central Neighborhoods Plan, and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. FACTS AND FINDINGS The site is within a sub -area plan known as the West Central Neighborhoods Plan, which was adopted by City Council in March of 1999. Implementation of the plan resulted in the creation of the High Density Mixed -Use Neighborhood (H- City of Fort Collins Commt,_ _,y Planning and Environmental - _rvices Current Planning 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: May 11, 2005 continued to June 1, 2005 Frazier Subdivision Mixed -Use and Condominium Project P.D. P. #41-02 A Mr. Kevin Frazier c/o Mr. Don Brookshire Eastpoint Studio 3207 Kittery Court Fort Collins, CO 80526 Mr. Kevin Frazier Frazier & Company Ventures, LLC 141 South College Avenue Suite 103 Fort Collins, CO 80524 Claire B. Levy, Esq. Claire B. Levy LLC 3172 Redstone Road Boulder, CO 80305 PROJECT DESCRIPTION: The Applicant requested approval of a Project Development Plan for a mixed -use and multi -family structure that would contain a total of 55 dwelling units. The project would include 812 square feet of non- residential use, which would be limited to the administrative permitted uses found in the H-M-N zone. The site is 1.68 acres, and is located on the north side of 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020