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HomeMy WebLinkAboutSOUTH TRANSIT CENTER - PDP - 9-10 - DECISION - MINUTES/NOTESS o � Trwn s i-I- Cuvfix- Aj wt i n 40 Name Address Phone Email 'aY+e -��se� QS (ate O2 97c292, 18t53 ZE (bet, F11)`- �5 �� �� qZa 2N, -2'�j N*k 's ro l I ns6e, Ma,i I . ca 10 South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 23 of 23 As a condition of approval, the Hearing Officer requests in compliance with LUC Section 3.2.1(E) (1), the following additional landscape buffering are implemented. Along the west side of the existing six foot high wood and wire mesh fence and west property line, in between the proposed deciduous trees, provide in a continuous row, a combination of large shrubs such as deciduous Lilac and evergreen upright juniper plantings, and or evergreen trees. The section of new additional planting will extend approximately 375 feet in length south beginning at the proposed Transit Center Building envelope line. Dated this 30 day of November, 2010, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Pete Wray Senio City Planner, acting Hearing Officer E South Transit Center POP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 22 of 23 covered bus bays have benches and information kiosks creating gathering spaces for riders in appropriate locations to serve the use of the site, which are visible from and linked to the public sidewalk spurring off of Fossil Boulevard and the Mason Corridor Trail. The Hearing Officer agrees with staff. The PDP complies with all applicable requirements of Article 4 and the Commercial Zone District SUMMARY OF CONCLUSIONS In reviewing the request for the South Transit Center, PDP, the Hearing Officer makes the following Findings of Fact: 1. The PDP complies with the applicable requirements of the LUC, specifically the procedural requirements located in Division 2.1- General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan, subject to an administrative review. 2. The South Transit Center, PDP complies with the applicable General Development Standards of Article 3, with the exception of: - Two Modification of Standard Requests: 1. Section 3.5.3(B)(1) Orientation to a Connecting Walkway, and 2. Section 3.5.3(B)(2) Orientation to Build -to Lines for Street Front Buildings - One Alternative Compliance Requests: 1. Section 3.2.2(K)(2) for Nonresidential Parking Requirements 3. The South Transit Center, PDP complies with the land use and development standards of the Division 4.21 C, Commercial District. DECISION South Transit Center Project Development Plan, # 9-10 is hereby approved, including the request for Alternative Compliance per Section 3.2.2(K)(3), and as modified pursuant to Section 3.5.3(B) (1) and (2) of the City's Land Use Code by the Hearing Officer, subject to the following condition: South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 21 of 23 Staff recommends approval of the Modification of Standard Request to Section 3.5.3(B) (2) because the plan is not detrimental to the public good and "strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property." At the hearing, three neighboring property owners raised questions about the level of proposed screening along the west property boundary including potential visual, noise and lighting impacts. The Hearing Officer agrees with the staff recommendation for approval with Article 3 of the Land Use Code — General Development Standards, including Modification of Standards Section 3.5.3(B)(1) Orientation to a Connecting Walkway, and Section 3.5.3(B)(2), Orientation to Build to Lines. 4. Compliance with Article 4 of the Land Use Code - Division 4.21 C, Commercial District: A. Permitted Uses: "Transit facilities without repair or storage" are permitted in the C, Commercial District subject to a Type 1 (administrative) review and public hearing. B. Land Use Standards: The Commercial district limits building height to four (4) stories. The PDP is proposing a 27' %" structure, story height is defined to be 12' 8" in Section 3.8.17(2) (c), therefore the structure is meets the standard set forth in this section. C. Development Standards: Section 4.21(E) (2) Site Design states that: Pedestrian -oriented outdoor spaces shall be placed next to activity areas that generate the user. Because liveliness created by the presence of people is the main key to the attractiveness of such spaces, to the maximum extent feasible, the development shall link outdoor spaces to and make them visible from streets and sidewalk. Sculpture, kiosks or shelters are encouraged to be prominently placed in outdoor spaces. The proposed structure and user waiting area is centrally located to accommodate the primary use of this site, which is transit ridership. The South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 20 of 23 substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible. This standard would require the transit facility to be located no more than 15' from the street right-of-way. Unlike a typical lot that has public street frontage on one or more sides, this site is located at the terminus of Fossil Boulevard so has very limited right-of-way frontage. This limited frontage is located at the southeast comer of the site. A primary function of the transit center is to serve as the southern terminus to the Mason Corridor BRT route. To accomplish this it must directly connect to the guide way located at the northwest comer of the site. This public facility must also accommodate visitor and rider connectivity from not only the public street frontage but from the adjacent bike trail, the Mason Corridor, and from potential future development to the east. So, rather than locating the building at the southeast comer of the site as the strict application of the standard would require, we have centrally located the bus platform facility to efficiently work with the BRT guide way design, the bike trail, and separated visitor park -and -ride spaces. Strict application of this standard would render the project infeasible as a primary public facility addressing important community needs outlined in the city's Comprehensive Plan regarding transportation. ii. Staffs Evaluation of Applicant's Request Staff has determined that the proposed modification to Section 3.5.3(B)(2), regarding orientation to build -to lines for streetfront buildings, is not detrimental to the public good and "strict. application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property" (Section2.8.2(H)(3)). The street right-of-way, that the building should be 15' or less away from, is only present along 54' of the southeast corner of the site. This limits the location of the structure to that corner of the site. This corner is the lowest elevation on the site making its most functional use be the detention area and the functionality would be limited because the bus bays would not be able to surround the transit facility with only 15 feet of space around the building. iii. Staff's Recommended Action South Transit Center POP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 19 of 23 Staff has determined that the proposed modification to Section 3.5.3(B)(1), regarding orientation to a connecting walkway, is not detrimental to the public good and promotes the general purpose of the standard equally well or better than a plan that complies with the standard. The entire purpose of this site is to safely and conveniently provide alternative transportation options, and as such the most appropriate design of the South Transit Center facility is to be centrally located to the bus bays. The plan provides designated walks for pedestrians directly to the station, but crossing the bus drive aisle is unavoidable without limiting the functionality of the transit station. iii. Staffs Recommended Action Staff recommends approval of the Modification of Standard Request to Section 3.5.3(B) (1) because the plan is not detrimental to the public good and "the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested. B. Modification of Standard to Section 3.5.3(B) (2) Orientation to Build -to Lines for Streetfront Buildings. This section requires buildings "be located no more than 15' from the right- of-way of an adjoining street if the street is smaller than a full arterial or has on -street parking." The only public street that adjoins this site is Fossil Boulevard, which is a local street (smaller than a full arterial) as designated by the Master Street Plan. The South Transit Center building should be no more than 15' from Fossil Boulevard based on this standard. i. Applicant's Modification Request Build -to lines based on a consistent relationship of buildings to the street sidewalk shall be established by development projects for new buildings and, to the extent reasonably feasible, by development projects for additions or modifications of existing buildings, in order to form visually continuous, pedestrian -oriented streetfronts with no vehicle use area between building faces and the street Applicable Criteria from Section 2.8.2 Modification Review Procedures: (3) The granting of.a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 18 of 23 findings for your review: 3.5.3(B) (1) — Orientation to a Connecting Walkway. At least one main entrance of any commercial or mixed -use building shall face and open directly onto a connecting walkway with pedestrian frontage. Applicable Criteria from Section 2.8.2 Modification Review Procedures: Section 2.8.2(H)(2) The plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard. This standard is intended to provide direct pedestrian connectivity from the public frontage (considered to be the primary origination of pedestrian traffic) to the building without crossing an intervening driveway. As a primary function of the transit center, this facility must accommodate pedestrian connectivity from not only the public street frontage but from the adjacent bike trail and from potential future development to the east. So, rather than focusing a building entrance toward a single connecting walkway, the site centrally locates the bus platform areas with direct pedestrian connections to the bike trail, the adjacent public street, and the east property line. The station building and central platform area is completely surrounded by bus drive aisles and bus bays. Although this requires each of these pedestrian connections to cross the bus drive areas, this orientation provides better and safer pedestrian conditions than alternative plans. By circulating the buses around a central platform rather than through multiple bus bay islands, we reduce the number of times a pedestrian needs to make these bus drive crossings that are inherent in design of multiple bays. Once a pedestrian arrives from their origination point (parking lot, street sidewalk or bike trail) they are able to circulate from station -to -bay or from bay -to -bay without crossing any additional drives. Also, the bus drives are much safer to cross than a typical visitor drive or parking lot aisle. The bus operators are keenly aware of pedestrian/rider patterns and operate at very low speeds in the station areas. The site is configured to provide direct pedestrian connectivity from the bike trails and street sidewalk to the platform and building by only crossing the bus drive, but no intervening parking lot drive aisle or publicly -used drive. ii. Staff's Evaluation of Applicant's Request South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 17 of 23 Purpose. These standards are intended to promote the design of an urban environment that is built to human scale to encourage attractive street fronts and other connecting walkways that accommodate pedestrians as the first priority, while also accommodating vehicular movement. The sheer nature of the transit hub is to provide access for the public to the BRT corridor and multiple Transfort bus routes. The station is a starting point and terminus for the Mason Corridor BRT, south city and regional Transfort routes, and multiple Transfort route transfers. The users of the Transit Center will include: - riders from the BRT or Transfort routes making transfers, - riders driving by car to the park -and -ride lot to use the services, - bicyclists or pedestrians from the adjacent city bike trail, - bicyclists from the adjacent public street (located at the southeast comer of the property), or - pedestrians from this public street or from a future redeveloped parcel east of the site. As such, the station needs to be designed to efficiently accommodate the many bus routes, but also must well accommodate pedestrian connections from many locations in addition to the street front. The site itself is uniquely situated to provide this purpose well. it is directly adjacent to both the city bike trail and the proposed Mason Corridor route. It is also served from the south by a public street, Fossil Boulevard, which then connects directly to a future signalized intersection at College Avenue. However, the site serves as a terminus to Fossil Boulevard, so has only limited street frontage. Rather than a typical lot that has significant primary street frontage from which pedestrians, bicycles and vehicles enter and exit, this lot has: 1) limited street frontage, and 2) must equally accommodate pedestrians, bicycles and vehicles from the northwest (trail and BRT), southwest (trail), southeast (street), and east (future development parcels), not just the street. As such, the two Land Use Code standards 3.5.3(B)(1) regarding orientation to a connection walkway and 3.5.3(B)(2) regarding orientation to build -to lines for streetfront buildings, cannot be met as written without compromising the function of the South Transit Center. For consideration of the modification request, we submit the following South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 16 of 23 All development plans that are adjacent to a state or federal highway shall provide the access design facilities, including supporting circulation facilities, identified within any applicable adopted access control plans, when such facilities are needed because of the development plan. The South College Corridor Access Control Plan designates an "access circulator" to be located on the east side of this site. Its purpose is to give the parcels to the north (Spradley Barr Dealership) and east (vacant land) access to the signal that will ultimately be located at Fairway Lane and College Avenue. The PDP has provided an access circulator in accordance with this plan. H. Section 3.6.6 — Emergency Access The PDP has been reviewed by emergency access referral agencies, such as Poudre Fire Authority, and has been determined to have adequate access for their emergency vehicles. 4. Modification to Applicable General Development Standards A. Modification of Standard to Section 3.5.3(B) (1) Orientation to a Connecting Walkway. This section requires "at least one main entrance of any commercial or mixed -use building shall face and open directly onto a connecting walkway with pedestrian frontage." This access shall not cross a vehicle use area. i. Applicant's Modification Request As a transit hub and public facility, it will help to achieve many fundamental goals of City Plan and the Land Use Code. However, the unique needs of such a facility result in a site plan that while meeting the intent of the code, is unable to meet two specific requirements. As a result, we are requesting two modifications of standards in order to facilitate the optimal design for this facility. We submit that the granting of the modification requests would not be detrimental to the public good, and would like to offer the following information specifically regarding each request. Modification of Standards Reauests - Section 3.5.3. (B)(1) and 0 The standards under 3.5.3 Mixed -Use, Institutional and Commercial Buildings are indicated with the following purpose: South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 15 of 23 This standard requires that "at least one main entrance of any commercial or mixed -use building shall face and open directly onto a connecting walkway with pedestrian frontage." The PDP is requesting a Modification of Standard to this standard under Section 2.2.11(H) of the LUC. This will be discussed further in Section 5 of this report. ii. Orientation to Build -to Lines for Streetfront Buildings This standard requires new buildings to be built within 15' of the right-of- way of an adjoining street smaller than a full arterial. The PDP is requesting a Modification of Standard to this standard under Section 2.2.11(H) of the LUC. This will be discussed further in Section 5 of this report. iii. Character and Image a. Site Specific Design. "Building design shall contribute to the uniqueness of a zone district, and/or the Fort Collins Community with predominant materials, elements, features, color range and activity areas tailored specifically to the site and its context." As this area's architectural and design character is not in compliance with the current standards of the LUC, the PDP is setting an enhanced standard of quality for future development and redevelopment in the area. b. Fagade Treatment. The fagade meets the criteria of this section as follows: - Building bays are broken up and articulated with columns and ribs; - There are no blank walls exceeding 30 feet; and - All sides of the building contain consistent materials and design elements. c. Entrances. The primary entrance is well defined in accordance with this section. d. Base and top Treatments. All facades shall have a recognizable base and top according to this section. The structure proposed has an articulated base of ground face CMU with a textured belt on top of it. The top is accentuated by a sloping roof. G. Section 3.6.1 —Master Street Plan South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 14 of 23 consistent with the purposes of this Land Use Code, the architecture of new development shall set an enhanced standard of quality for future projects or redevelopment in the area. Compatibility shall be achieved through techniques such as the repetition of roof lines, the use of similar proportions in building mass and outdoor spaces, similar relationships to the street, similar window and door patterns, andlor the use of building materials that have color shades and textures similar to those existing in the immediate area of the proposed infill development. Brick and stone masonry shall be considered compatible with wood framing and other materials. A defined architectural character, consistent with this LUC, has not been established in this area, as the existing buildings were developed over time in the County. The existing structures in the neighborhood are one to two story, flat -roofed, buildings with a mix of masonry and metal finishes. The proposed structure is consistent in terms of height and the east and west.elevations tie in the look of a flat roof (that is actually a butterfly roof, viewed from the north and south elevation) that provides shelter for the passenger waiting areas. The proposed building materials enhance the existing building stock's finishes; CMU block, concrete and accents of grey exposed metal structure are used in conjunction with wood and panelized rain screens to create a modern addition to the area. This structure enhances the standard of quality for future redevelopment in the area. iii. Building Materials a. General. As discussed in the previous section, the building materials are similar to the existing building stocks, but unique articulations are made enhancing the standard of quality for future redevelopment in the area. b. Windows. Clear anodized, aluminum storefront windows are used meeting the standards of this section. iv. Building Color The building color scheme is compatible with the surrounding area. The current building stock is made up of white, beige and grey buildings. This PDP incorporates terra cotta tones in with grey and beige. F. Section 3.5.3 — Mixed -Use, Institutional and Commercial Buildings i. Relationship to a Connecting Walkway South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 13 of 23 C. Section 3.2.4 — Site Lighting The PDP complies with the lighting standards set forth in this section. A. Section 3.2.5 — Trash and Recycling Enclosures A trash enclosure is provided on the north end of the parking lot. It is appropriately sized, is enclosed by a masonry wall and sits on a concrete pad meeting the standards of this section. B. Section 3.5.1 —Building and Project Compatibility i. Purpose The purpose of this section is to ensure that the physical and operational characteristics of proposed buildings and uses are compatible when considered within the context of the surrounding area. They should be read in conjunction with the more speck building standards contained in this Division 3.5 and the zone district standards contained in Article 4. The South Transit Center, PDP, proposes one structure on the site, the rapid transit station. The structure is centrally located to the bus bays, which circle the building, to provide easy access for all users. The site is located along the existing Mason Corridor Trail. Commercial uses exist to the north and south; vacant commercial ground is to the east; the Burlington Northern Santa Fe (BNSF) Railroad is directly west of the site Oust beyond the Mason Corridor Trail); and Urban Estate residential neighborhoods are beyond that. The closest residence is 550+ feet away from the property's boundary. The majority of rapid transit buses will access the site from the Mason Street Extension, which will run adjacent to the Mason Corridor Trail and the BNSF Railroad; some buses and all other vehicular traffic will access the site from Fossil Boulevard. The majority of the bus fleet is expected to be natural gas by the time this facility opens, limiting the facilities impact on air quality and noise in the area. ii. Architectural Character New developments in or adjacent to existing developed areas shall be compatible with the established architectural character of such areas by using a design that is complementary. In areas where the existing architectural character is not definitely established, or is not South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 12 of 23 site may be required based on needs created by the proposed development. This Section sets forth parking requirements in terms of numbers and dimensions of parking stalls, landscaping and shared parking. It also addresses the placement of drive-in facilities and loading zones. The proposed park -and -ride lot meets all the design, landscaping, safety and multi -modal user requirements of this section of the code. The number of parking spaces provided does not impact the projects compliance with the purpose of this section. 2. Compliance with Review Criteria: The use proposed clearly does not fit any of the options available in the LUC for non-residential uses. The entire purpose of this facility is to encourage people to park and utilize public transportation. Based on analysis done by Transfort the 169 space parking lot is the minimum size parking lot this type of facility can function with. Staff has determined that the alternative compliance parking ratio meets the criteria set forth in this section as it is based on "the number of expected customers or clients" that will use the facility. The Hearing Officer agrees with staff in that the Alternative Compliance request parking ratio meets the criteria set fort in Section 3.2.2. vi. Handicap Parking a. The PDP provides 6 handicap parking spaces meeting the dimensional and accessibility requirements of this section. vii. Parking Stall Dimensions a. The PDP provides 163 standard parking stalls, which all meet the dimensional requirements of this section. viii. Landscaping a. As discussed previously in Section 3.A.viii.a of this report, 15% of the interior parking lot is landscaping, the minimum required by this section is 10%. 0 South Transit Center POP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 11 of 23 Improvements will include a new 4,500 sq. ft. building, 11 bus bays for the Bus Rapid Transit and Transfort fixed -route buses, covered passenger waiting areas, a 169-space park -and -ride facility, as well as bike and pedestrian trail connections. Altemative Compliance Request— Section 3.2.2(K) (3) The Land Use Code regulates maximum parking requirements for nonresidential uses in Section 3.2.2(D) (2) (a). However, there is no comparable or similar land use within these criteria that match a transit facility. So, staff has instead worked closely with Transfort to analyze their projections for actual use of the facility and to determine parking quantities needed for the park -and -ride use and trail parking use. Our site plan indicates approximately 170 parking spaces which are considered the minimum amount needed to serve this facility. The Land Use Code regulates maximum parking requirements for nonresidential uses in order to ensure that new developments does not provide excessive amounts of unnecessary and unused impervious surface site treatments, and to encourage use of alternative transportation modes. Although the ratio of parking to building size for the transit center seems high in comparison to other commercial uses, the fundamental purpose of the park and ride facility is to allow and encourage the community to park here to utilize alternative modes of transportation to reach multiple destinations within the city. When this park -and -ride facility is in place, it will in turn reduce the need for parking in other areas in the city, so it is important that this parking is right -sized for this need. As a result, the Applicant is requesting alternative compliance allowed in Section 3.2.2(K)(3) that would allow the park -and -fide facility to be sized based on projected use of this public facility, considered to be a minimum of 169 spaces. c. Staffs Review of the Alternative Compliance Request 1. Compliance with the general purpose of Section 3.2.2 Access, Circulation and Parking: Purpose. This Section is intended to ensure that the parking and circulation aspects of all development are well designed with regard to safety, efficiency and convenience for vehicles, bicycles, pedestrians and transit, both within the development and to and from surrounding areas. Sidewalk or bikeway extensions off- South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 10 of 23 signal will be installed with the overall Mason Street Corridor project. ii. Access and Parking Lot Requirements a. In accordance with this section pedestrians and vehicles are separated to the maximum extent feasible, as discussed previously with designated walkways and colored pavement where walkways cross drive aisles. b. In accordance with this section unobstructed vehicular access is provided from the public street to the parking lot within the site. c. All vehicle use areas are proposed to be paved in accordance with this section. iii. Parking Lot Layout a. The parking lot is designed in accordance with the standards of this section, as it has all of the following: well defined circulation routes for vehicles, bicycles and pedestrians; conveniently located parking for all users; landscape islands with raised curbs defining parking aisles and providing pedestrian refuge areas; and articulated pedestrian walkways though potential areas of conflict. iv. Setbacks a. The parking lot is setback 6' from the east lot line and 15' from the north property line, exceeding the minimum requirement of 5' designed by this section. v. Required Number of Off -Street Spaces for Type of Use a. There are no complementary uses provided in the LUC to use for the parking minimum or maximum for this proposed use. The applicants have prepared an Alternative Compliance Request pursuant to Section 3.2.2(K) (3). b. Applicant's Alternative Compliance Request Project Overview The South Transit Center is a transportation hub located at the south terminus of the Mason Corridor, a 5.5-mile multi -modal transportation corridor running north -south along the Burlington Northern Santa Fe Railroad through the heart of Fort Collins. South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 9 of 23 b. Utility easements are spaced according to the standards of this section. B. Section 3.2.2 — Access, Circulation and Parking 1. Development Standards a. Safety Considerations. "To the maximum extent feasible, pedestrians shall be separated from vehicles and bicycles." Due to the PDP's use it is impossible to completely separate pedestrians from the bus travel lanes. There are 4 locations where pedestrian accesses are provided from sidewalks to the South Transit Center facility, these walkways are accentuated by colored paving. Walkways through the parking lot are also articulated by colored paving to call attention to them. Where pedestrians and bicycle traffic share walkways, the walkways shall be a minimum of 8' wide. The Mason Corridor Trail is nearly 12' wide to accommodate multi - modal users. b. "Curbcuts and ramps shall be located at convenient, safe locations." Ramps are provided at all crosswalks and pedestrian connections into the South Transit Center Facility. c. Convenient bicycle parking spaces of at least 5% of the total parking spaces shall be provided. The PDP includes 51 covered bicycle parking spaces located conveniently to the South Transit Center Building. The minimum required bicycle parking is 9 spaces. d. Walkways internal to the site "shall be located and aligned to directly and continuously connect areas or points of pedestrian origin, and shall not be located ... based on the outline of a parking lot configuration." These walkways shall be a minimum of 6' wide. The PDP includes a 10' wide, colored walkway from the parking lot into the South Transit Center facility; this walkway also serves to provide the sites to the east a connection to the South Transit Center when they develop at some time in the future. e. A Transportation Impact Study has been submitted for the overall Mason Corridor Project. This site was included in that assessment and the existing infrastructure, with the addition of traffic signals at Mason Street Extension and Harmony Road and Fairway Lane and College Avenue. The traffic signal at Harmony Road and Fairway Lane is expected to be installed with the construction of the South Transit Center; the Mason Street Extension and Harmony Road • E South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 8 of 23 c. All "landscape islands shall include one or more canopy shade trees, be of length greater than eight feet in its smallest dimension, include at least 80 square feet of ground area per tree... and have raised concrete curbs." The PDP's landscape islands are in compliance with this standard, with the exception of 3 islands that are hindered by utility easements or parking lot lighting required for safety purposes. d. "Connecting walkways through parking lots... shall have one canopy shade tree per 40 lineal feet of such walkway planted within 5 feet of such walkway." There are two walkways in this PDP that this standard applies to and both have trees meeting this standard. e. "Parking bays shall extend no more than 15 parking spaces without an intervening tree, landscape island or landscape peninsula." The PDP is in compliance with this standard. vii. Screening a. Low visual interest or visually intrusive site elements, such as trash enclosures, shall be shall be screened by landscaping or building elements. The PDP is in compliance with this standard, the trash enclosure has a concrete wall surrounding it with landscape islands on two sides. viii. Tree Protection and Replacement a. A Tree Mitigation Plan was submitted and reviewed against this section by the City Forester. The site is very dense with trees currently and it has been determined that 98 mitigation trees are required. Thirty-seven (37) trees are planned to be transplanted onto the site, which is a value of 56 mitigation trees (per the City Forester). The remaining 42 mitigation trees will be accomplished through upsizing trees on the site. ix. Utilities and Traffic a. Shade trees shall be planted at least 40' from street lights and ornamental trees shall be at least 15' from street lights, There are no street lights provided in this PDP, as there are no streets. There are several parking lot lights and trees are separated from them adequately. South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 7 of 23 juniper plantings, and or evergreen trees. The section of new additional planting will extend approximately 375 feet in length south beginning at the proposed Transit Center Building envelope line. iv. Landscape Area Treatment The PDP provides landscaping for all areas not covered by buildings and paving surfaces. The proposed landscaping materials include: low-water seed mix grasses in low -use areas; planting beds with cobble mulch ground cover; foundation plantings over approximately 56% of the high visibility areas of the structure; and irrigated turf grass in high use areas. Staff has determined that the landscape treatment is in accordance with the standards of this section. v. Parking Lot Perimeter Landscaping This section requires trees be provided at a ratio of 1 per 40 lineal feet along a side lot line. The PDP has 13 trees (1 tree per 3T) along the east parking lot perimeter, meeting this standard. a. Parking lots with more than 6 spaces shall be screened from abutting uses. "Screening from all nonresidential uses shall consist of a wall, fence, planter, earthen berm, plant material or a combination of such elements, each of which shall have a minimum height of 30 inches." The PDP provides the appropriate screening to meet this standard, see the East Landscape Section provided on Sheet 2 of 2 of the Landscape Plan set. vi. Parking Lot Interior Landscaping a. According to this Section and Section 3.2.2(M)(1), parking lots with more than 100 spaces shall have at least 10% of the interior space of the parking lot be landscaped areas. The parking lot is 55,124 square feet and 8,572 square feet (15%) is proposed as landscaped areas internal to the parking lot, exceeding the minimum requirement. b. One canopy shade tree shall be provided per 150 square feet of landscaped area required. The minimum landscape area required (10%) is 5,512 square feet, which means a minimum of 37 canopy shade trees shall be provided. The PDP is providing 37 canopy shade trees meeting this standard. South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 6 of 23 (e) Landform shaping: utilizing berming or other grade changes to after views, subdue sound, change the sense of proximity and channel pedestrian movement. The PDP Landscape Plan includes an approximate 7' landscape strip across approximately 75% of the west property line that includes informal groupings of canopy shade trees, ornamental grasses and vines growing on the existing fence; and a 5' landscape strip between the Mason Corridor Trail and the bus travel lane that includes various shrubs for screening. These two landscaping strips extend the entire length of the South Transit Center structure and bus drive aisles, with the exception of the connection to the Mason Street Extension located on the northwest end of the site. Staff has determined that this buffering meets the standards of this section. The Hearing Officer does not agree with staff. First, while the PDP is compatible with the abutting existing BNSF railroad use, this use represents a narrow track and right of way delineation; it is not a compatible use adjacent to Urban Estate Residential. The proposed landscape buffering techniques applied on the Landscape Plan of the PDP shows, according to staff, an acceptable level of screening. The existing elevated railroad tracks, combined with existing trees within the BNSF property provide some additional level of screening. However, in review of the issues raised by area residents at the Neighborhood Meeting and Hearing, including visual, noise, odor, and lighting impacts from the proposed Transit Building and buses, additional landscape buffering is warranted. What have not been mentioned are the impacts of the existing railroad use, which results in significant noise, exhaust, and visual impacts to the surrounding area? The above mentioned railroad impacts can not be adequately mitigated with this proposed PDP. As a condition of approval, the Hearing Officer requests, in compliance with LUC Section 3.2.1(E) (1), the following additional landscape buffering are implemented. ■ Along the west side of the existing six foot high wood and wire mesh fence and west property line, in between the proposed deciduous trees, provide in a continuous row, a combination of large shrubs such as deciduous Lilac and evergreen upright South Transit Center POP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 5 of 23 provided will be canopy shade trees as noted on the Landscape Plan. The PDP is in compliance with the standards of this section. ii. Street Trees a. This section requires street trees be provided in the adjoining right- of-way in connection with the development. There are no streets included in this PDP. All vehicle use areas are private drives, either internal to the parking lot or internal to the South Transit Center facility. The southeast end of the site is the only location that connects to a public street, Fossil Boulevard; canopy shade trees are provided meeting the standards of this section from Fossil Boulevard to the entrance of the parking lot and transit facility. iii. Buffering between Incompatible Uses and Activities a. This section of the Code requires buffering techniques be used to mitigate conflicts between incompatible uses. Staff has determined that the proposed use is compatible with the surrounding uses. However, residents at the neighborhood meeting expressed concern about buffering being needed along the west property line. Based on this feedback, staff provided buffering measures to comply with the LUC Section 3.2.1(E)(1) requiring use one of the following forms of landscaping to mitigate conflicts: (a) Separation and screening with plant material: planting dense stands of evergreen trees, canopy shade trees, ornamental trees or shrubs, (b) Integration with plantings: incorporating trees, vines, planters or other plantings into the architectural theme of buildings and their outdoor spaces to subdue differences in architecture and bulk and avoid harsh edges, (c) Establishing privacy: establishing vertical landscape elements to screen views into or between windows and defined outdoor spaces where privacy is important, such as where larger buildings are proposed next to side or rear yards of smaller buildings; (d) Visual integration of fences or walls: providing plant material in conjunction with a screen panel, arbor, garden wall, privacy fence or security fence to avoid the visual.effect created by unattractive screening or security fences, South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 4 of 23 This PDP complies with the applicable requirements of the LUC; specifically the procedural requirements located in Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan in Article 2 - Administration. The proposed PDP is to develop the South Transit Center for the City of Fort Collins on approximately 4.3 acres, directly adjacent to the Railroad Property (BNSF) and the Mason Corridor Trail. The site is a permitted use in the Commercial (C) Zone District, subject to an administrative (Type 1) review and public hearing. Neighborhood Meeting The LUC does not require that a neighborhood meeting be held for development proposals that are not subject to a Planning and Zoning Board (Type 2) review. However, a neighborhood information meeting was held on December 2, 2009. Several emails were sent to staff following the neighborhood meeting. Neighbors expressed concerns which included: the site not being compatible for this use; the site not being large enough to accommodate the needs of this use; the added traffic congestion on Harmony Road; buffering along the west side of the site needing to be substantial; and the possible noise, light and smell impacts on the surrounding neighbors. 3. Compliance with Article 3 of the Land Use Code — General Development Standards: The PDP complies with the applicable General Development standards as follows: A. Section 3.2.1— Landscaping and Tree Protection i. Minimum Plantings - Full Tree Stocking Landscape planters are provided along approximately 56% of the highly visible faces of the South Transit Center building. The planting areas range from 2' to 12' in width along the face of the structure and have greater than 55 square feet of planting area. A "full tree stocking° is provided in the following locations:: planters internal to the platform area, tree plantings along the west side of the Mason Corridor Trail, trees in the detention area south of the structure, trees on the north end of the site and trees within and along the perimeter of the parking lot. At least 50% of the trees LJ South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 3 of 23 The following is a list of those who attended the meeting: From the City: Emma McArdle, City Planner Andrew Carney, Civil Engineer I From the Applicant: Angela Milewski, BHA Design Incorporated Jerod Huwa, BHA Design Incorporated David Lingle, Aller-Lingle-Massey Architects Matt Newman, Aller-Lingle-Massey Architects Kurt Ravenschlag, Transfort Jason Wenger, HDR Engineering From the Public: Diane Reiser, 4719 Crest Road, Fort Collins Ruth Rollins, 5029 Crest Road, Fort Collins Rick Reider, 5029 Crest Road, Fort Collins Written Comments: No written comments were distributed at the Hearing. FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The surrounding zoning and land uses are as follows: N: C, Commercial; Existing Spradley Barr Dealership S: C; Existing warehouses E: C; Vacant W: UE, Urban Estate; Existing single family development The property was annexed into the Arbor South First Annexation in March of 2001 _ It has remained unplatted since that time. The site is currently unimproved; a small on the south end has a gravel parking lot for users of the Mason Corridor Trail. 2. Compliance with Article 2 of the Land Use Code - Administration: South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 2 of 23 The PDP includes a 169 space "park-n-ride" lot, 11 bus bays and a 4,253 square foot building. A north/south drive is provided along the east side of the site, as designated by the South College Access Control Plan. It will serve to give the sites to the east and north access to Fairway Lane and College Avenue, the future location of a traffic signal. The PDP includes two modification of standard requests; one to the "orientation to connecting walkway" standard, which requires the front of a building open directly onto a connecting walkway with pedestrian frontage that does not pass a vehicle use area; and the second is to the "build -to" line standard, which requires structures be located within 15 feet of the adjoining street right-of-way. SUMMARY OF HEARING OFFICER DECISION: ZONING DISTRICT: 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. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:00 p.m. on November 15, 2010 in Conference Rooms A-C 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) the notification letter that was sent to property owners within 800'; (4) neighborhood meeting notes and a sign -in sheet of attendees; (5) correspondence from neighbors following the neighborhood meeting in December of 2009; (6) a sign up sheet of persons attending the hearing; and (7) a tape recording of the hearing. The Land Use Code (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. South Transit Center PDP, # 9-10 Administrative Hearing Findings, Conclusions, and Decision November 30, 2010 Page 1 of 23 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: November 15, 2010 South Transit Center Project Development Plan #9-10 Jerod Huwa BHA Design, Inc. 1603 Oakridge Drive Fort Collins, CO 80525 City of Fort Collins Transfort 250 N. Mason Street Fort Collins, CO 80524 Pete Wray Senior City Planner This is a request for a "transit facility without repair or storage," known as the South Transit Center, Project Development Plan (PDP), to be located southwest of South College Avenue and Harmony Road, just south of the Spradley Barr dealership (northwest of West Fairway Lane and Fossil Boulevard). The proposed development is on approximately 4.3 acres, directly adjacent to the BNSF Railroad and the Mason Corridor Trail. The site is in the Commercial (C) Zone District. The site would be the south terminus of the Mason Corridor. Mason Street is proposed to extend to the site, from the north, along the railroad tracks. The Mason Street Extension will only be used by the rapid transit buses; users will access the site via Fossil Boulevard or pedestrians can access the site via the existing Mason Corridor Trail that runs adjacent to the railroad tracks. Fort Collins November 30, 2010 Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134-fax fcgovcom Attendee of the South Transit Center Project Development Plan, # 9-10 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 South Transit Center Project Development Plan, # 9-10. 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 November 15, 2010. 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 November 30, 2010 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on December 14, 2010. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcgov.com/cityclerk/appeals.phr), 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. I, Pete Wray Senior City Planner Emma McArdle From: Angelina Sanchez -Sprague Sent: Tuesday, November 30, 2010 1:17 PM To: 'philofarm@gmail.com'; 'cresrens@gmail.com'; 'trm@lpbroad.net'; 'muftah78@yahoo.com'; 'kuj@cojensen.net'; 'earthchem@aol.com'; 'eric_leftwich@hotmail.com'; 'william.mathews@opm.gov'; 'diane_reiser@hotmail.com; 'rickreider@gmail.com'; 'ruthie.rollins@gmail.com'; 'Matt; 'David Lingle'; 'Angela Milewski'; 'Jerod Huwa'; Andrew Carney; Kurt Ravenschlag; Steve Seefeld; Steve Dush Cc: Emma McArdle; Pete Wray Subject: Adm Hearing Officer Decision —South Transit Center PDP # 9-10 Attachments: Scanner. DevRev@FCgov.com_20101130_142146.pdf rnv � Scanner.DevRev@ =Cgov.com_20101.. Attached for your review is a copy of the Administrative Hearing Officer's Type I Administrative Hearing, Findings, Conclusions, and Decision on the South Transit Center Project Development Plan, # 9-10. Please call on the Project Planner Emma McArdle (emcardle@fcgov.com) or the Hearing Officer Pete Wray (pwray@fcgov.com) if you have any questions. Angelina Sanchez -Sprague Community Dev. & Neighborhood Services Phone: 970.221.6525