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Penny Flats Subdivision, First Replat, #21-10
Administrative Hearing Findings, Conclusions, and Decision
October 18, 2010
Page 7 of 7
SUMMARY OF CONCLUSIONS
In evaluating the request for Penny Flats Subdivision, First Replat, Staff makes
the following findings of fact:
A. The Replat complies with the applicable standards of the Downtown,
Civic Center Sub -district zone.
B. The Replat complies with the applicable standards of the General
Development Standards.
Staff recommends approval of Penny Flats Subdivision, First Replat, #21-10.
DECISION
The Penny Flats Subdivision, First Replat, # # 21-10, is hereby approved by the
Hearing Officer without condition.
Dated this 18th day of October, 2010, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Ir/ I . lwl
-• Olt
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Penny Flats Subdivision, First Replat, #21-10
Administrative Hearing Findings, Conclusions, and Decision
October 18, 2010
Page 6 of 7
3. Compliance with Applicable General Development Standards:
A. Section 3.3.1(8)(1) - Plat Standards - Lots
This standard requires that each lot within the Replat comply with
minimum lot area requirements as per the Downtown zone district, and
that each lot have vehicular access to a public street.
The replat will further divide Lot 1 into three smaller lots. Lots 1 and 1 B
have direct frontage onto Maple Street and Mason Street respectively. Lot
1A does not have direct frontage to a public street but access is provided
by an access easement for both the parking structure below ground and
the surface access drive. There are no public streets within the Replat.
B. Section 3.3.1(8)(2) — Plat Standards — Street System and Natural
Areas
This standard requires that the general layout of lots, roads, driveways,
utilities, drainage facilities be designed in a way that enhances an
interconnected street system and preserves natural areas.
There will be no changes to the public street system and no impacts on
natural areas as a result of this replat.
C. Section 3.3.1(C)(1) - Dedications
This standard requires that all necessary dedications for public streets,
utilities and drainage facilities be made as necessary to serve the area
contained within the plat.
Since the request is to further subdivide an existing platted lot, there are
no requirements to dedicated land for public streets, utilities or drainage
facilities.
4. Public Testimony:
At the hearing, a resident asked for clarification of the current proposal to
replat the property. He wanted to better understand what improvements
existed on the site and what improvements were being proposed with this
request. John Koval of Coburn Development Inc. described the existing
improvements on -site and stated that there are no proposed changes to
the residential dwelling units, commercial floor area, utilities, easements,
or street improvements as established on the approved Site Plan as
recorded at the City of Fort Collins.
Penny Flats Subdivision, First Replat, #21-10
Administrative Hearing Findings, Conclusions, and Decision
October 18, 2010
Page 5 of 7
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 will be no architectural changes as a result of this replat.
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.
There will be no changes to the pedestrian spine that bisects the entire
block. Balconies do not change as a result of this replat.
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.
There will be no changes to the combination of brick, stucco, split face
concrete block and metal siding for the full height of each structure.
G. Section 4.16(E)(a) — Parking Lots
This standard requires that parking lots not dominate street frontages.
There will be no changes to the parking lots, both above and below
ground, as a result of this replat.
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.
There will be no changes to the civic center spine connecting Mason
Street North to the north to the City office building to the south.
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Penny Flats Subdivision, First Replat, #21-10
Administrative Hearing Findings, Conclusions, and Decision
October 18, 2010
Page 4 of 7
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 interviewed 8 finalist teams and chose Coburn Development, Inc.
In September of 2009, a Major Amendment to increase the total number of
dwelling units from 147 to 170 for a gain of 23 units was approved. In
addition, the total floor area of the project increased from 200,838 square
feet to 222,831 square feet for a gain of 21,993 square feet. The original
approved floor area of commercial uses was 29,246 square feet was
decreased to 25,400 square feet for a loss of 3,846 square feet. The
original number of parking spaces increased from 317 to 323 for a gain of
six spaces. Finally, the height of Buildings Three and Four increased from
four stories (54 feet) to six stories for gain of two stories (84 feet).
2. 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.
There will be no change in approved building height as a result of this
replat.
.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.
There will be no architectural changes as a result of this replat.
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.
There will be no architectural changes as a result of this replat.
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Penny Flats Subdivision, First Replat, #21-10
Administrative Hearing Findings, Conclusions, and Decision
October 18, 2010
Page 3 of 7
FACTS AND FINDINGS
EXECUTIVE SUMMARY:
The request to replat a part of Penny Flats is in conformance with the applicable
Downtown, Civic Center Subdistrict standards and General Development
Standards of Article Three of the Land Use Code.
COMMENTS:
1. Background:
The surrounding zoning and land used 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 — Museum and Discovery Science Center;
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 with NCM—
Neighborhood Conservation Medium Density beyond.
All the property, with the exception of the subject parcel, within Block 33 is
currently City -owned. The balance of the block is approved for a 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.
Penny Flats as a whole is 2.6 acres and is a public -private partnership
between the City of Fort Collins and Coburn Development, Inc. The
process began in July, 2004 when City Council passed Resolution #2004-
081 which directed the City Manager to initiate a process for disposition
and appropriate development of Block 33. The City issued Request For
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Penny Flats Subdivision, First Replat, #21-10
Administrative Hearing Findings, Conclusions, and Decision
October 18, 2010
Page 2 of 7
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 4:05 p.m. on October 14, 2010 in Conference Room B 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; and, (3) a sign up sheet of persons
attending 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:
Stephen Olt, City Planner
Ted Shepard, Chief Planner
From the Applicant:
John Koval, Coburn Development Inc., 3020 Carbon Place, # 203,
Boulder, CO 80301
From the Public:
Leighton Cochran, Icochran a@cppwind.com
Heather McNeill, climb2a-msn.com
Written Comments:
None
Penny Flats Subdivision, First Replat, #21-10
Administrative Hearing Findings, Conclusions, and Decision
October 18, 2010
Page 1 of 7
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE
PROJECT NAME:
CASE NUMBER:
APPLICANT:
HEARING OFFICER:
PROJECT DESCRIPTION:
October 14, 2010
Penny Flats Subdivision, First
Replat
#21-10
John Koval
Coburn Development, Inc.
3020 Carbon Place, # 203
Boulder, CO 80301
Penny Flats, LLC
3020 Carbon Place, # 203
Boulder, CO 80301
Stephen Olt
City Planner
This is a request to further subdivide existing Lot One, which presently contains
38,024 square feet, into three lots. One lot would be for the existing building and
contain 16,987 square feet. The other two lots would be north of the existing
building and contain 10,675 square feet and 10,362 square feet respectively.
These lots are currently vacant. The parcel is located at the northwest corner of
North Mason Street and Maple Street and zoned Downtown, Civic Center
Subdistrict.
This application is for a replat only. There are no changes to the residential
dwelling units, commercial floor area, utilities, easements, or street
improvements as established on the existing approved Site Plan as recorded at
the City of Fort Collins.
SUMMARY OF HEARING OFFICER DECISION: Approval w/no condition
ZONING DISTRICT: D - Downtown, Civic Center Subdistrict
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Planning, Development 8r Transportation Services
of
F�`o'rt` Collins
October 18, 2010
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 Subdivision, First Replat, #21-10 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 Subdivision, First
Replat, #21-10.
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 October 14, 2010.
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 October 18, 2010 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on November 1, 2010. 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 970-221-6341.
Sincerely,
Aa-A��-a
Steph n Olt
City Planner