Loading...
HomeMy WebLinkAboutTHE OVAL FLATS - PDP - 26-08 - DECISION - MINUTES/NOTES"W PROJECT: Oval Flats, Project Development Plan (PDP) - #26-08 APPLICANT: BP Laurel LLC c/o Kevin Brinkman 3003 East Harmony Road, Suite 300 Fort Collins CO 80528 OWNER: Colorado Delta Association of Sigma Alpha Epsilon c/o Dave Stewart 3801 Automation Way, Suite 200 Fort Collins, CO 80528 PROJECT DESCRIPTION: This is a request for a single mixed -use building containing 48 dwelling units, 3,012 square feet for the SAE Fraternity lodge space, and 4,585 square feet of commercial/retail space. The dwelling units would be divided between 10 one - bedroom units, 19 two -bedroom units, 16 three -bedroom units, 3 four -bedroom units. The proposed building is an L-shaped structure four stories (54'-1 ") in height and fronts on West Laurel and South Howes Streets. The lodge space, commercial/retail spaces, and 2 dwelling units would be on the first floor and the upper three floors would contain 46 dwelling units. There will be 58 on -site parking spaces to be accessed from the alley along the west side of the property. The site is located at the northwest corner of West Laurel Street and South Howes Street. The site presently contains the Sigma Alpha Epsilon fraternity house, although the building has been vacant for about 3 years. The existing structure is to be demolished if the PDP is approved. The site is 36,068 square feet (0.83 acre) in size, is zoned CC, Community Commercial, and is in the Transit -Oriented Development (TOD) overlay zone. RECOMMENDATION: Approval of the PDP Zwkt L&�+# Fm Administrative Public Hearing Sign -In oval Project: Project Development Plan Meeting Loc Date: PLEASE PRINT CLEARLY W,1, f + �r A`ddr'ess� x r rr; M 1/A 3 PV- OVAI ►1N `h/l. �--j c WAS Co "In swe cr tv . or n q*�-qgLI-1121 jo ki S i Ue s'l-, rt , e ;#-� S�Su IS' T+ glib - V S-Wo L►//u � 1 �f- , COV C7 c-VAo o/1M (0 7G -5-567 - ! (1 c7 �i?�A,,'Ovmr- iniD5a2 C0 86 5, tg q7b 4.-Do-73 coo CQSQ, ✓!o� 4I- J46 e.- C�cti- CC. 99D u5 9 9:y r-&4Llcsr 1 ;- I t� At it 4 I�TE rL d y � E 0,1, I C s5�3 Oval Flats PDP Administrative Hearing Findings, Conclusions, and Decision February 4, 2009 Page 5 of 5 requirement for off-street parking. However, the request by the applicant to increase the occupancy limits set forth in Section 3.8.16 concerned the adjoining neighbors. The Hearing Officer asked for clarification with the request to increase the Occupancy Limits as set fort in Section 3.8.16. The applicant clarified their request and subsequently withdrew the aforementioned request and will therefore be required to fully comply with Section 3.8.16. No evidence was presented to contradict the statements and conclusions of the staff report concerning compliance or to otherwise refute the compliance with the Article 3 Standards. SUMMARY OF CONCLUSIONS A. The Oval Flats Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Oval Flats Project Development Plan satisfies the development standards of the CC zoning district. and is included in the TOD overlay zone. C. The Oval Flats Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Oval Flats Project Development Plan #26-08, is hereby approved by the Hearing Officer. Dated this 4th day of February 2009, per authority grante� by Sections 1.4.9(E) and 2.1 of the Land Use Code. s // Steven I Dush, AICP Director of Current Planning Oval Flats PDP Administrative Hearing Findings, Conclusions, and Decision February 4, 2009 Page 4 of 5 2. Compliance with Article 4 and the CC -Community Commercial Zoning District Standards: Multi -family dwellings, mixed -use dwellings, retail establishments and offices are permitted in the CC — Community Commercial Zoning District, subject to administrative review. This proposal complies with the secondary use restrictions of the CC District as the proposed mix of multi -family and mixed use units, retail establishments and offices is supportive of , and contributes to, the mixture of uses within the campus area. In addition, all applicable development standards of Article 4 have been met. There was no evidence provided to.otherwise refute compliance with this section. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The project development plan complies with all applicable sections of Article 3 of the Land Use Code, except Section 3.5.3(B)(2)(c) that states: "Buildings shall be located at least ten (10) and no more than twenty-five (25) feet behind the street right-of-way of an adjoining street that is larger than a two-lane arterial that does not have on -street parking." The building is proposed to be located right on the ROW line for West Laurel Street, a 4-lane arterial that does not have on -street parking. There are, however, exceptions to the build -to line standards that the Director can grant, as set forth in Section 3.5.3(B)(2)(d). In accordance with the exception criteria along with continuity and streetscape design, the Hearing Officer determines that the proposed design complies with the exception criteria and results in a superior streetscape design and pedestrian realm. Public testimony at the hearing identified concerns regarding adequate landscaping and sufficient parking. With respect to landscaping, the applicant indicated and staff verified that adequate landscaping would be provided and that there will be more plants and trees than exist on the site currently. In terms of parking, the public testimony was focused upon providing adequate off-street parking. Since the property is located within the TOD overlay zone, there is not a Oval Flats PDP Administrative Hearing Findings, Conclusions, and Decision February 4, 2009 Page 3 of 5 From the Applicant: Matt Blakely Jon Sweet Ian Shuff Mick Aller Brandon Grebe Paul Brinkman Dale Young Kevin Brinkman From the Public: Lee Cook Carolyn Early Chris Ray Korby Clarke Ruth Rollins Rick Reider Written Comments: None FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: CC; Existing single family detached dwelling unit S: Not Zoned; Colorado State University Main Campus E: CC; Existing Multi -Family W: NCB; Existing Commercial (Woody's Standard Restaurant) The property is part of the original Map of the Town of Fort Collins, 1873; therefore, it has never had to be annexed. The site contains one large structure that was originally built in 1926 and used for a fraternity. There have been several alterations and additions to the building over time. It had been occupied as the Sigma Alpha Epsilon fraternity house until about 3 years ago. The structure is currently vacant. Oval Flats PDP Administrative Hearing Findings, Conclusions, and Decision February 4, 2009 Page 2 of 5 The site is located at the northwest corner of West Laurel Street and South Howes Street. The site presently contains the Sigma Alpha Epsilon fraternity house, although the building has been vacant for about 3 years. The existing structure is to be demolished if the PDP is approved. The site is 36,068 square feet (0.83 acre) in size, is zoned CC, Community Commercial, and is in the Transit -Oriented Development (TOD) overlay zone. SUMMARY OF HEARING OFFICER DECISION: Approval. ZONING DISTRICT: CC — Community Commercial 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 February 2, 2009 in Conference Rooms A and B at 281 N. 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; and (3) 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: Steve Olt, City Planner Oval Flats PDP Administrative Hearing Findings, Conclusions, and Decision February 4, 2009 Page 1 of 5 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: February 2, 2009 Oval Flats Project Development Plan #26-08 BP Laurel LLC c/o Kevin Brinkman 3003 East Harmony Road, Suite 300 Fort Collins CO 80528 Colorado Delta Association of Sigma Alpha Epsilon c/o Dave Stewart 3801 Automation Way, Suite 200 Fort Collins, CO 80528 Steven J. Dush Director of Current Planning This is a request for a single mixed -use building containing 48 dwelling units; 3,012 square feet for the SAE Fraternity lodge space, and 4,585 square feet of commercial/retail space. The proposed building is an L-shaped structure four stories (54'-1 ") in height and fronts on West Laurel and South Howes Streets. The lodge space, commercial/retail spaces, and 2 dwelling units would be on the first floor and the upper three floors would contain 46 dwelling units. There will be 58 on -site parking spaces to be accessed from the alley along the west side of the property.