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Home My WebLink AboutPENNY FLATS - MAJOR AMENDMENT - 19-09 - DECISION - MINUTES/NOTESAdministrative Public Hearing Sign -In Project: ��NN y )r-7L A i -s /`'1.4 J'/� /C �41&7�A 0 M Eiv �- Meeting Location: ,DS ( N . Go GLEGE' ,4LENye- Date: 1�-ucu�r7- y a6o 9 T PLEASE PRINT CLEARLY ...�Q Q� !1�'Nr��l.'{4�r�f�v"�XN� .t '�.;�.. >„�, �'C � n.. ..� d n� �,3� � V5 � iAl ".. Ir�� '2 r :. ) I ��FP�A��YFY 7'W w � l4 .._. n ,� u".' T�'e ....,.i. t .h+�,. rho v4' � �' Y y h,a,l�lY.' N�1 � , N}TY➢'� F�� a��RnMI. "��.. �• �.y � fww;,. � j �� G'! �t�� k�e' ,�, �fGi zz y —77ft z- 40 w z wE,J (K b 2�z 3S ► 14 J Lz (J "1 d D D S � 2 — '!,3 S zQ I � r24.1-e,r ® c�bV r Vt d ev,",%, �l VGl C'og✓� V5t §pw�6nrt�k�L.�p�y,,,�{'�� is i2s� o�/cc l ev b ✓�-�lgel/, Ctli, au�i it k( (� &Ta( �� Y (0,&3 'POU 3 60.1 Penny Flats Major Amendment, #19-09 Administrative Hearing Findings, Conclusions, and Decision August 17, 2009 Page 6 of 6 SUMMARY OF CONCLUSIONS A. The Penny Flats Major Amendment is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Penny Flats, Major Amendment complies with all applicable district standards of Section 4 of the Land Use Code. C. The Penny Flats, Major Amendment complies with the applicable standards of the D-Downtown District zoning district and Civic Center Subdistrict. D. The Penny Flats, Major Amendment complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Penny Flats Major Amendment, #19-09 Project Development Plan, is hereby approved by the Hearing Officer without condition. Dated this 14th day of August 2009, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. 0/* Steven J. Dush, AICP Director of Current Planning Penny Flats Major Amendment, #19-09 Administrative Hearing Findings, Conclusions, and Decision August 17, 2009 Page 5 of 6 shadow impact upon a small section of the Trolley Barn's southeast corner. The corner that is impacted is about 400 square feet in size, which is approximately 3% of the total Trolley Barn and is deemed to not be a substantially adverse impact. It should also be noted that the buildings where height modifications are requested are not located adjacent to the Trolley Barn. Finally, the findings, review and recommendation for this application are based purely upon the information submitted as a part of the application, the staff report, testimony from the public hearing and the applicable plans and policies of the City of Fort Collins. The Hearing officer received inquires from the citizens regarding the parking adequacy, timing of the project, building design, height and the pedestrian spine within the project. Overall, there were no concerns from the citizens attending the meeting regarding the aforementioned issues, simply an inquiry and the statements from staff and those of the applicant satisfied the inquires with the exception of parking. Staff had confirmed that parking for the site is adequate and complies with City requirements and that the increase in dwelling units and decrease of commercial space tended to balance out the parking needs. Furthermore, the Hearing Officer asked staff who clarified that the project is located within the Transit Overlay District (TOD), which does not have a parking requirement, yet the parking that was provided would be adequate to service the property. The Hearing Officer finds that the amended plan complies with the permitted height of the zoning district (85' and 5-6 stories) and provides for a streetscape along Mason Street that is more articulated and organic as the static height of the existing plan is livened by introduction of additional height with Building 4. Furthermore, the thoughtful articulation of the buildings provides for a transition between the adjacent block to the east (Block 23), which permits buildings to be 115' and 7-9 stories in height. Penny Flats Major Amendment, #19-09 Administrative Hearing Findings, Conclusions, and Decision August 17, 2009 Page 4 of 6 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 within Block 33 is currently City -owned. The historically significant Trolley Barn at the northwest corner of the block will be retained in City ownership. There are a few existing buildings on the southwest quadrant of the block that will be demolished at the time of redevelopment. 2. Compliance with Article 4 and the D — Downtown District - Civic Center Subdistrict Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the D Zone District and the Civic Center Subdistrict. The Staff Report summarizes the PDP's compliance with these specific standards and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with Article 4 or the D District Standards or Civic Center Subdistrict Standards. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable requirements of Article 3 including all landscaping, parking, and building height standards. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to other refute the compliance with Article 3. The Hearing Officer does acknowledge the written comments from Carol Tunner and Tim Merriman related to shadowing, compatibility standards and parking requirements. The Hearing Officer recognizes the City's recently adopted standards for height restrictions and finds that the modification to the plans for increased height is in compliance with the City's plans as the zoning for Block 33 permits buildings to be 85 feet and 5-6 stories and therefore does not violate the city's plans. Evidence submitted at the meeting and as part of the application demonstrate that parking is in compliance with the City requirements; compatibility with Article 3 standards in accordance with the findings listed in the Staff report have been fully achieved; and there will not be any shadowing upon the residential neighborhood buildings with the proposed amendment. The increased height does have a Penny Flats Major Amendment, #19-09 Administrative Hearing Findings, Conclusions, and Decision August 17, 2009 Page 3 of 6 From the Applicant: Dan Romer, Colburn Development, Inc John Koval, Colburn Development, Inc. From the Public: S. McClary — 416 Laporte Avenue Pat Ferrier — 13 00 Riverside Avenue Shauna Troxell — 2407 Charolais Clayton Troxell — 204 W. Maple, Ste. 101 Randy Callahan — 405 Mason Ct., # B217 Amy Artzer — 204 W. Maple, # 201 Written Comments: Letter dated July 31, 2009 from Carol Tunner, 1400 Wimbledon Court; Fort Collins, CO 80524 Letter dated August 4, 2009 from Daniel Rotner (Applicant) in response to letter from Carol Tunner E-mail dated August 5, 2009 from Tim Merriman; PO Box 2246, Fort Collins, CO 80522 FACTS AND FINDINGS 1. Site Context/Background Information 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 — vacant land; 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; Penny Flats Major Amendment, #19-09 Administrative Hearing Findings, Conclusions, and Decision August 17, 2009 Page 2 of 6 square feet. The original approved floor area of commercial uses was 29,246 square feet will be decreased to 25,400 square feet for a loss of 3,846 square feet. Also, the original number of parking spaces would increase from 317 to 323 for a gain of six spaces. Finally, the height of Buildings Three and Four will increase from four stories (54 feet) to six stories for gain of two stories (84 feet). The site is 2.6 acres and zoned D, Downtown District, Civic Center Subdistrict. SUMMARY OF HEARING OFFICER DECISION: ZONING DISTRICT: Downtown District — D — Civic Center Subdistrict 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 5:00 p.m. August 4, 2009 in Conference Room A at 281 North College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; (3) a sign up sheet of persons attending the hearing; and (4) a tape recording of the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Ted Shepard, Chief Planner Penny Flats Major Amendment, #19-09 Administrative Hearing Findings, Conclusions, and Decision August 17, 2009 Page 1 of 6 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: August 4, 2009 PROJECT NAME: Penny Flats Major Amendment CASE NUMBER: 19-09 APPLICANT: Dan Romer Coburn Development, Inc. 1811 Pearl Street Boulder, CO 80302 OWNER: City of Fort Collins c/o Ken Mannon, Operations Services Director 117 N. Mason Fort Collins, CO 80524 HEARING OFFICER: Steve Dush Current Planning Director LEGAL INTERESTS: Penny Flats, LLC 1811 Pearl Street Boulder, CO 80302 PROJECT DESCRIPTION: Penny Flats is an approved project consisting of eight buildings on Block 33 which is bounded by Maple Street, Howes Street, Cherry Street and Mason Street. One building has been constructed and is partially occupied. The current request is for a Major Amendment to future Buildings Three and Four. As proposed, the amendment consists of increasing the total number of dwelling units from 147 to 170 for a gain of 23 units. In addition, the total floor area of the project would increase from 200,838 square feet to 222,831 square feet for a gain of 21,993 City of F6rt Collins August 17, 2009 Attendees of the Penny Flats Major Amendment Public Hearing, Planning, Development and Transportation Current Planning 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov. com/currentplanning Please find attached to this letter a copy of the Type I Administrative Hearing Findings, Conclusions and Decision for the Penny Flats Major Amendment # 19-09. This final decision of approval may be appealed to the City Council in accordance with Section 2-48 of the Code of the City of Fort Collins which is generally outlined below. The appellant must submit written notice of appeal, reasons for the appeal, and a filing fee of $100 to the City Clerk's Office within 14 days of the date of final action by the Hearing Officer. The City Clerk will place the item on the Council agenda for hearing as expeditiously as possible. Written notice of an appeal from a final decision of the Hearing Officer to the City Council is given by the City Clerk to the appellant, the applicant and to all other parties -in -interest 14 days prior to the date set for the hearing. An appeal of the Hearing Officer's final decision is based on the minutes of the proceedings at the Administrative Hearing and any other materials received by the Hearing Officer. New evidence will not be considered on an appeal. The City Council may uphold, overturn, or modify the decision of the Hearing Officer. If you have specific questions about the appeal process, please contact me at 221-6765. Sincerel A Steven J. Dush, AICP Director of Current Planning