HomeMy WebLinkAboutRETREAT AT 1200 PLUM ST. - PDP - 34-08 - DECISION - MINUTES/NOTESAdministrative Public Hearing Sign -In
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ii. Front yards facing Bluebell Street (Buildings A and B) at 11 feet
iii. Front yards facing Columbine Street (Building C only) at 12 feet
5. The Exception to Section 3.8.16 to permit 4 persons in 38 units is hereby
approved.
Dated May 7, 2009 per authority granted by S ctions 1.49 and 2.1 of the Land Use
Code.
Richard Vopez
Heari. L
ng Officer
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streetscape in this proposed development places the buildings up to the
street and creates a pedestrian realm that forwards the TOD Overlay Zone
and CC zoning. Additionally, the criteria for alternative compliance are
designed primarily for multifamily, yet the analytical elements are achieved
through the incorporation of private courtyards for residents, provision of
on -street parking, and strengthening the streetscape.
• Section 3.8.16 — Occupancy Limits; Increasing the Number of Persons
Allowed (Exception) The Hearing Officer finds that the recreational areas
and open space provided for this type of urban development coupled with
the fact that 314 parking stalls are provided where none in the TOD
Overlay Zone are required satisfies the protections for the adjacent
neighborhood. Furthermore, there is not a density limitation in the CC
zone district. The Hearing Officer grants the request for an increase in the
number of unrelated persons who may reside in individual dwelling units
from the allowable 3 persons to 4 persons for 38 units only.
The Retreat @ 1200 Plum Street, PDP complies with the land use and
development standards of the Division 4.18 CC, Community Commercial District.
The Retreat at 1200 Plum Street, PDP is proposed to be on a property that is
included in the TOD Overlay Zone.
DECISION
The Hearing Officer hereby enters the following rulings:
1. The Retreat @ 1200 Plum Street, Project Development Plan - #34-
08 is hereby approved with the following condition: Applicant shall
incorporate a base feature and the use of varying material or
scoring accents for the Parking Structure.
2. The requested Modification of Standards to Section 3.5.1(1)(1) reducing the
Trash Dumpster from 20 feet to 6 feet is hereby approved.
3. The requested Modification of Standards to Section 3.5.2(C)(2) permitting an
Alternative Street Facing Fagade is hereby approved.
4. The Alternative Compliance request to Section 3.5.2(D)(2)(a) are hereby
approved which will allow:
i. Front yards facing Plum Street (Buildings A, B & D) at 6 feet
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neighborhood. Furthermore, there is not a density limitation in the CC zone district.
Therefore, staff recommends that the Hearing Officer grant the request for an increase
in the number of unrelated persons who may reside in individual dwelling units from the
allowable 3 persons to 4 persons for 38 units only.
Hearing Officer:
The Hearing Officer agrees with Staff's recommendation to approve the increase in the
number of unrelated persons who may reside in individual dwelling units from 3 person
to 4 persons for 38 units only. The amenities provided and the location of the
development in near proximity to the University campus justify this specific increase in
the permitted density.
CONCLUSIONS AND FINDINGS OF FACT
The Hearing Officer makes the following conclusions and findings of fact:
Multi -family dwellings are permitted in the CC, Community Commercial District,
subject to an administrative review.
The Retreat at 1200 Plum Street complies with applicable General Development
Standards of Article 3, with the exception of two (2) Modification Requests, one
(1) Alternative Compliance Request, and one (1) Exception Request for the
following Sections:
• 3.5.1(1)(1) Outdoor Storage Areas/Mechanical Equipment (Trash
Enclosures) (Modification of Standards) The Hearing Officer finds that
the design of the trash enclosure into the building mitigates the need for
the entire 20 feet of setback and results in a modification that is
inconsequential from the perspective of the entire development plan.
• 3.5.2(C)(2) Street Facing Facades (Modification of Standards) The
Hearing Officer finds that the design of the entries for building C meet the
standard "equally well or better than would a plan that complies with the
standard" and the variation between the proposed design and the
standard is nominal and inconsequential to the overall development plan.
• 3.5.2(D)(2)(a) Residential Building Setbacks, Lot Width and Size
(Alternative Compliance) The Hearing Officer finds the property is located
in the CC zoning district and the TOD Overlay Zone, which are designed
to promote infill and compact urban development. A critical component of
achieving the aforementioned design components is the streetscape. The
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(A) Except as provided in subsection (B) below, or pursuant to a certificate of
occupancy issued by the city to the owner of the property, the maximum
occupancy allowed per dwelling unit in a single-family, two-family or multi-
family dwelling shall be:
(1) one (1) family as defined in Section 5.1.2 and not more than one (1)
additional person; or
(2) two (2) adults and their dependents, if any, and not more than one (1)
additional person.
Section 3.8.16(E) of the LUC allows an owner to petition the appropriate decision
maker for an increase in the number of unrelated parties allowed within an
individual unit by:
(E) Increasing the Occupancy Limit.
(2) With respect to multiple -family dwellings, the decision maker
(depending on the type of review, Type 1 or Type 2) may, upon receipt
of a written request from the applicant and upon a finding that all
applicable criteria of this Land Use Code have been satisfied, increase
the number of unrelated persons who may reside in individual dwelling
units. The decision maker shall not increase said number unless
satisfied that that the applicant has provided such additional open
space, recreational areas, parking areas and public facilities as are
necessary to adequately serve the occupants of the development and
to protect the adjacent neighborhood.
Applicant's Request as stated in the Applicants Narrative or Planning Objectives:
Since the development is proposing four bedroom units, the issue of unrelated
occupants arises. The developer would like to propose an increase in the occupancy
limit per LUC Section 3.8.16(E)(2). The project will provide approximately 30' x 60'
courtyard amenity areas within buildings A and B. The areas are approximately 1,800
sq. ft. each and will contain a large hot tub, seating, and landscaping in each courtyard.
In addition, there will be approximately 7, 000 square feet of interior amenity space in
Building B, where the community services described above will be available for use by
the building's occupants.
Staff Analysis of Exception Request
Staff has reviewed the request in accordance with the review criteria outlined in Section
3.8.16(E)(2) and finds that the recreational areas and open space provided for this type
of urban development coupled with the fact that 314 parking stalls are provided where
none in the TOD Overlay Zone are required satisfies the protections for the adjacent
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We are proposing the following street setbacks:
• Front yards facing Plum Street (Buildings A, B & D) - 6 feet
• Front yards facing Bluebell Street (Buildings A and B) — 11 feet
• Front yards facing Columbine Street (Building C only)- 12 feet
We are requesting approval for an alternative site layout that we feel meets the
standard equally well or better than a plan that complies with the standards per
Review Criteria 3.5.2(D)(2)(a) 2b. and c. in the following ways:
• The buildings will have off-street parking located in a parking structure.
• The buildings will have private amenity areas. Buildings A & B will have
interior courtyards (30' x 60) and there will be approximately 7, 000 square
feet of interior amenity space in Building B.
• The buildings feature ground level patios with walk -out doors, and
balconies at the upper stories, giving the building a quality residential
appearance. The closer setbacks give the building more of the urban feel
that typically occurs with higher density housing.
• The project provides street enhanced sidewalks that exceed the
standards, reinforcing the streetscape as a comfortable pedestrian route
and gathering area with an urban residential character that exemplifies the
urban infill goals of the City.
Staff Analysis of Alternative Compliance Request
The property is located in the CC zoning district and the TOD Overlay Zone, which are
designed to promote infill and compact urban development. A critical component of
achieving the aforementioned design components is the streetscape. The streetscape
in this proposed development places the buildings up to the street and creates a
pedestrian realm that forwards the TOD Overlay Zone and CC zoning. Additionally, the
criteria for alternative compliance are designed primarily for multifamily, yet the
analytical elements are achieved through the incorporation of private courtyards for
residents, provision of on -street parking, and strengthening the streetscape. Therefore,
based upon the criteria set forth in Section 3.5.2(D), staff recommends approval of the
alternative compliance setback request.
Hearing Officer:
The Hearing Officer agrees with Staff's recommendation to approve the alternative
compliance setback request of Section 3.5.2(D).
EXCEPTIONS
Section 3.8.16 — Occupancy Limits; Increasing the Number of Persons Allowed
Section 3.8.16(A) specifies:
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The citation for the applicable review criteria for a Modification is as follows:
"(H) Step 8 (Standards): Applicable, and the decision maker may grant a
modification of standards only if it finds that the granting of the modification would
not be detrimental to the public good, and that:
(1) 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;
(4) The plan as submitted will not diverge from the standards of the Land
Use Code that are authorized by this Division to be modified except in a
nominal, inconsequential way when considered from the perspective of
the entire development plan, and will continue to advance the purposes of
the Land Use Code as contained in Section 1.2.2. "
Staff Evaluation of Applicant's request
Staff has evaluated the applicant's request against the criteria provided in
Section 2.8.2(H) of the Land Use Code. Specifically, Staff finds that the design
of the entries for building C meet the standard "equally well or better than would
a plan that complies with the standard" and the variation between the proposed
design and the standard is nominal and inconsequential to the overall
development plan. Therefore, Staff recommends approval of this request.
Hearing Officer:
The Hearing Officer agrees with Staff's recommendation to approve the
modification of Section 2.8.2(H). Building C entries on the North and South sides
of the building meet the standard. At the public hearing, the owner of the
property South of Building C, stated that he was in negotiations with the applicant
for the purchase of his property. If the property is acquired and the applicant
decides to modify the size and orientation of the entries, Section 2.8.2(H) should
be re-evaluated and consideration given to the location of the entries.
ALTERNATIVE COMPLIANCE
Section 3.5.2(D) — Residential Building Standards
The code requires the minimum setback of every residential building from any public
street right-of-way be fifteen (15) feet. The applicant is requesting Alternative
Compliance set forth in Section 3.5.3(D)(2)(a).
Applicant's Summary of Alternative Compliance Request
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We are requesting approval for this modification that we feel complies with the
standards per Review Criteria 2.8.2(H)(1) and (4) in the following ways:
Criteria (1): 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.
A goal of this City Standard is to have building facades that allow a quality
street presentation, where entrances are generally designed with
pedestrian -scale porches and massing that allow the building to have an
attractive appearance from the street. As a response to these goals,
Building C is designed with "four sided" architecture, where all of the faces
of the building are highly articulated and feature fagade bump -outs, and a
hierarchy of material coursing that reduces the overall massing of the
structure. As a result, the proposed West elevation of Building C has an
attractive street presentation, and provides a "street facing fagade" equal
to the standard. Overall, the proposed building is more attractive than a
strict interpretation of the standard- in which the front is highly articulated
and the other building sides are less articulated.
• Two sidewalk connections are provided for Building C that are clearly
illuminated, and are identifiable from Columbine Street. The entrances
are only 42 feet from Columbine Street and serve only eight units with
each sidewalk connection. We feel that this configuration is "equal to"
providing only one entrance that faces Columbine Street directly.
• A shade arbor is proposed along the street -facing fagade of Building C,
which further enhances the fagade and overall massing of the structure
and provides additional pedestrian -scale interest.
Criteria(4): The plan as submitted will not diverge from the standards of the Land
Use Code that are authorized by this Division to be modified except in a nominal,
inconsequential way when considered from the perspective of the entire
development plan, and will continue to advance the purposes of the Land Use
Code as contained in Section 1.2.2.
• Columbine is a dead end street with little vehicular traffic, and in functional
terms, the street frontage at Building C remains "public" mainly to be used
by this development. Even though Columbine Street is a public street,
and therefore requires a street -facing fagade, the benefit of having a
street -facing fagade in this context is inconsequential. There does not
appear to be any benefit to the general public with having the Building C
entrance face Columbine Street.
Review of the Modification Criteria — Section 2.8.2(H):
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Review of the Modification Criteria — Section 2.8.2(H):
The citation for the applicable review criteria for a Modification is as follows:
"(H) Step 8 (Standards): Applicable, and the decision maker may grant a
modification of standards only if it finds that the granting of the modification would
not be detrimental to the public good, and that:
(4) The plan as submitted will not diverge from the standards of the Land
Use Code that are authorized by this Division to be modified except in a
nominal, inconsequential way when considered from the perspective of
the entire development plan, and will continue to advance the purposes of
the Land Use Code as contained in Section 1.2.2."
Staff Evaluation of Applicant's request:
Staff has evaluated the applicant's request against the criteria provided in Section
2.8.2(H) of the Land Use Code. Specifically, Staff finds that the design of the trash
enclosure into the building mitigates the need for the entire 20 feet of setback and
results in a modification that is inconsequential from the perspective of the entire
development plan. Therefore, Staff recommends approval of this request.
Hearing Officer:
The Hearing Officer agrees with Staff's recommendation to approve the Section 3.5.1(1)
— Outdoor Storage Areas/Mechanical Equipment requested modification of the location
of the trash enclosure areas. The Hearing Officer finds that the granting of the six foot
setback and location of the trash enclosures into the building will not be detrimental to
the public good.
Modification #2: Section 3.5.2(C)(2): street -facing front facade
The code requires that every building containing four (4) or more dwelling units shall
have at least one (1) building entry or doorway facing any adjacent street that is smaller
than a full arterial or has on -street parking.
The applicant is proposing that the entrance of building C, not face directly on to
Columbine, but rather face North and South. The applicant has proposed that the
modification of the standard would not be detrimental to the public good and that the
current design with entries facing North and South, meets the requirements for a
modification set forth in Sections 2.8.2(H)(1) & (4) of the LUC.
The Applicants iustification is as follows:
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The applicant is proposing trash facilities at Aster Street and Columbine Street be
located a minimum of 6 feet from the Right of Way (ROW) where a minimum of 20 feet
are required.
The Applicants justification is as follows:
We are requesting approval for this modification that we feel complies with the
standards per Review Criteria 2.8.2(H)(1) and (4) in the following ways:
Criteria (1): 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.
And,
Criteria(4): The plan as submitted will not diverge from the standards of the Land Use
Code that are authorized by this Division to be modified except in a nominal,
inconsequential way when considered from the perspective of the entire development
plan, and will continue to advance the purposes of the Land Use Code as contained in
Section 1.2.2.
The proposed 6 foot setback is adequate for the trash enclosures at both Aster and
Columbine Street to operate without impeding pedestrian flow at the adjacent sidewalk.
The main service doors will not encroach into the R.O.W. when fully open.
The wall enclosures have been designed to be fully integrated into the main
architectural fagade, using a precast base course material, and a stone veneer material
for the top course. The main service doors are fully opaque painted steel. Each door
panel is framed with a wide steel band, with vertical banding accents on the interior
portion of each panel. The intent of this design is to provide pleasing aesthetics that are
appealing to pedestrians in close proximity to the enclosures.
We are providing wider sidewalks at both Aster and Columbine Streets and the trash
enclosures are integrated into an overall streetscape that enhances pedestrian
circulation. Both Aster Street and Columbine are essentially dead-end streets, and
locations of the enclosures at the end of these streets are at portions of the site where
impact on pedestrians and adjacent properties are minimal.
The walls of the trash enclosures have been designed to be eight feet six inches in
height, and additionally the trash containers within the enclosures are fully covered.
These factors are sufficient to mitigate the possibility of odors or trash from escaping
from the enclosures.
Given the location and design of the trash enclosures, and the treatment of a functional
pedestrian streetscape around the enclosures, we feel that the 6 foot setback is equal to
the 20 foot setback in this circumstance.
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3. Privacy.
Buildings or structures greater than 40' in height shall be designed to avoid infringing on
the privacy of adjacent public and private property, particularly adjacent residential
areas and public parks. While there may be instances of nominal privacy infringement,
staff finds that this will be temporary as the area redevelops and achieves the intent of
the CC zone district.
4. Neighborhood Scale.
Buildings or structures greater than 40' in height shall be compatible with the scale of
the neighborhoods in which they are situated in terms of relative height, height to mass,
length to mass, and building or structure scale to human scale. This application
proposes buildings that meet the minimum height requirements and do not exceed the
maximums of the CC zone district. Additionally, this property is located in an area that
will undoubtedly with this project provide an opportunity for additional redevelopment.
This proposed development anticipates the desired Neighborhood Scale and is not
incompatible with respect to the neighborhood context and desired development
pattern.
H. Section 3.6.4 — Transportation Level of Service Requirements
The Transportation Impact Study that was submitted as part of the Retreat at 1200
Plum Street, PDP has been reviewed by City staff. The project represents infill re-
development that will generate a significant increase in the number of trips to and from
the area. The trip generation was discussed and agreed to in a scoping meeting
between the Applicant and City staff and the project will comply with the Transportation
Level of Service Requirements.
MODIFICATIONS TO APPLICABLE GENERAL DEVELOPMENT STANDARDS;
EXCEPTIONS AND ALTERNATIVE COMPLIANCE
MODIFICATIONS
(1) As specified in Section 2.8.2 Modification Review Procedures, (H)
(Standards), the Administrative Hearing Officer may grant a modification of
standards only if he/she finds that the granting of the modification would not
be detrimental to the public good.
The Applicant has proposed the following Modifications:
Modification #1: Section 3.5.1(1) — Outdoor Storage Areas/Mechanical
Equipment
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would unify with the balance of the project and help mitigate the concerns expressed by
the property owner to the East. Staff recommends the following Condition:
Applicant shall incorporate a base feature and the use of
varying material or scoring accents for the Parking Structure.
The buildings as proposed are either 4 or 5 stories (55' — 70') in height. Of note is that
the CC district has a minimum height requirement, which creates an expectation for
vertical urban development, which this development proposes. A concern expressed by
the property owner of the rental home located at the Northwest corner of Columbine and
Plum was that a four story is not compatible. However, Staff finds that the intent of the
zoning district, the requirements of the zoning district and the vision for this area are
achieved by this development application and would also submit that the low intensity
uses in this area will eventually redevelop in accordance with the intent of the zoning.
G. Section 3.5.1(G) — Building Height Review- Special Height Review
The purpose of this section is to establish a special process to review buildings or
structures that exceed 40' in height and define and reinforce downtown and designated
activity centers.
1. Views.
A building or structure shall not substantially alter the opportunity for, and quality of,
desirable views from the public places, streets and parks within the community.
Desirable views are views by the community of the foothills, mountains and/or
significant local landmarks. Staff finds that the requirements of the CC zone district
relative to minimum height requirements, the existing trees, required landscaping and
existing development in the immediate vicinity render this standard not applicable.
2. Light and Shadow.
Buildings or structures greater than 40' in height shall be designed so as not to have a
substantial adverse impact on the distribution of natural and artificial light on adjacent
public and private property. Adverse impacts include, but are not limited to, casting
shadows on adjacent property sufficient to preclude the functional use of solar energy
technology, creating glare such as reflecting sunlight or artificial lighting at night,
contributing to the accumulation of snow and ice during the winter on adjacent property,
and shading of windows or gardens for more than 3 months of the year. While the
applicant conducted a shadow analysis that demonstrated negligible impacts, this
property is located within the CC zoning and as such, a shadow analysis is not
necessary in accordance with Section 3.2.3(D) (1).
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The property is located in the City's defined Transit -Oriented Development Overlay
Zone. Section 3.2.2(K)(1)(a)l states:
"Multi -family dwellings and mixed -use dwellings within the Transit -Oriented
Development (TOD) Overlay Zone shall have no minimum parking
requirements. "
Since the Retreat at 1200 Plum Street, PDP contains only multi -family dwellings as the
proposed land use, there are no minimum on -site parking requirements associated with
the project. However, the applicant is proposing an on -site parking structure, with
access from Plum Street, that contains 314 parking spaces (compact, long-term,
handicap). For reference only, and based on the minimum parking requirements for the
mix of 1-, 2-, 3-, and 4-bedroom dwelling units, a total of 369 parking spaces would be
required if the project were not in the TOD Overlay Zone.
D. Section 3.2.3(C) — Access to Sunshine
This standard is intended to ensure, to the maximum extent feasible, the protection to
sunshine for planned solar energy systems or for solar -oriented rooftop surfaces that
can support solar collectors or collectors capable of providing for the anticipated hot
water needs of the buildings in the project between the hours of 9:00 am and 3:00 pm
MST, on December 21. This development can meet the standards as outlined in this
code section.
E. Section 3.2.3(D) (1) and (2) — Shading
These standards are designed so as not to cast a shadow onto structures on adjacent
property using specific parameters and the evaluation of the impact of trees on an
individual basis. However, Section 3.2.3(D) (1) is not applicable since the property is
located within the CC zoning district and the trees that will be planted as part of this
proposed'development will not have a significant adverse impact upon the surrounding
properties.
F. Section 3.5.1 —Building and Project Compatibility
This standard is designed to ensure compatibility of new buildings with the surrounding
context. In this case, the context includes a 1 story rental unit located at the Northwest
corner of Plum and Columbine; a Sorority to the East across Aster on the North side of
Plum; the Cambridge House Apartments to the East on the South side of Plum and the
Sunstone Condominiums and a Fraternity to the North. The building materials include
stone, stucco and the residential buildings are well articulated. The parking structure is
a combination of concrete materials with metal trellis for "living walls", which are
designed to soften the streetscape with greenery and also serve to break up the mass
of the building. However, the parking structure lacks some of the architectural
appointments of the residential buildings such has a defined base and use of stone that
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Building Orientation, The Retreat ground floor will not include a commercial use
therefore the orientation requirement set forth in Section 4.18(E)(1)(a), does not apply.
Central Feature or Gathering Place set forth in Section 4.18(E)(1)(b) is achieved by the
two interior courtyards for Buildings A and B and niches along the streetscape adjacent
to the buildings that provide casual gathering areas that include seating opportunities
and welcoming landscaping. Of note are the combined stormwater detention facilities
that include landscaping and additional opportunities for seating. These unique and
cutting edge stormwater retention facilities may be considered a central feature.
Minimum Building Frontage set forth in Section 4.18(E)(2)(c), requires 40% of each
block side or 50% of the total of all block sides to consist of either building frontage,
plazas or other functional open space. The proposed buildings included in this
development front the entirety of all adjacent streets. The subject blocks are bounded
by West Plum Street to the South, Aster Street and Scott Avenue to the East, Bluebell
Street in the center, and Columbine Street to the West.
Building Height set forth in Section 4.18(E)(2)(d) requires a minimum height of 20'. The
proposed buildings are to be either 4 or 5 stories in height, which exceeds the minimum
height while not exceeding the 5 stories height limit.
3. Compliance with Applicable General Development Standards:
The Retreat PDP complies with the applicable General Development Standards as
follows:
A. Section 3.2.1 — Landscaping and Tree Protection
The PDP satisfies the applicable standards set forth in this section of the LUC. Existing
and proposed street trees are being provided, foundation plantings will be provided in
the parkway along all adjacent streets. Some existing trees on -site are to be removed
and will be replaced with the required number of mitigation trees.
B. Section 3.2.2 — Access, Circulation and Parking
The site is an infill project surrounded by existing development. Connections for
vehicles, bikes and pedestrians are existing in the area, but not along all streets. The
existing circulation network provides 3' attached walks along all streets, but only offers
bike lanes along Plum Street. The proposal includes planters, detached walks, trees,
bike lanes and auto travel lanes on all streets included in the proposal. The addition of
detached walks and bike lanes provides for a safer route for students traveling to and
from C.S.U.
C. Section 3.2.2(K) - Parking Lots — Required Number of Off -Street Spaces for Type
of Use
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FACTS AND FINDIN
Multi -family dwellings are permitted in the CC, Community Commercial District, subject
to an administrative review. The Retreat at 1200 Plum Street complies with the
applicable requirements of the Land Use Code (LUC). In addition, The Retreat
complies with applicable General Development Standards of Article 3 with
modifications and exceptions described more fully in this Decision.
1. Compatibility with Surround Uses.
The surrounding zoning and land uses are as follows:
N: CC; Existing multi -family dwelling units (Sunstone Condos)
S: CC; Existing multi -family dwelling units (Cambridge House, Town Square Condo)
E: CC; Existing sorority house (Tau of Gamma Phi Beta)
W: CC; Existing single family detached dwelling units
2. Compliance with Division 4.18 CC, Community Commercial District
A. Purpose
The purpose of the Community Commercial District is as follows:
The Community Commercial District provides a combination of retail, offices,
services, cultural facilities, civic uses and higher density housing. Multi -story
buildings are encouraged to provide a mix of residential and nonresidential uses.
Offices and dwellings are encouraged to locate above ground -floor retail and
services.
The Retreat is a multi -family student housing project containing 197 dwelling units in 4
buildings and a separate building containing 314 parking spaces. The 4 multi -family
buildings contain a total of 451 bedrooms. There are no minimum off-street parking
requirements for this development because it is located in the Transit -Oriented
Development (TOD) Overlay Zone. Buildings A and B are proposed to be 5 stories tall,
approximately 70 feet in height. Buildings C, D and the parking structure are proposed
to be 4 stories tall, approximately 55 feet in height.
B. Permitted Land Use
The proposed land use is permitted in the CC District, subject to an Administrative
review and public hearing in front of the Hearing Officer. This was accomplished on
April 23, 2009.
C. Development Standards
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PUBLIC HEARING:
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 5:30 p.m. on April 23, 2009, in the Community Room, 215 N.
Mason, 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 applicants' representatives to the City of Fort Collins;
(3) opportunity for public testimony was provided during the hearing. Members of the
public commented on the parking, traffic impacts, pedestrian and bicycle flows and .
(4) The Land Use Code, the City's Comprehensive Plan (City Plan) and the formally
promulgated polices of the City are all considered part of the evidence considered by
the Hearing Officer.
The following persons attended the hearing:
From the City:
Steve Dush, City of Fort Collins
Steve Olt, City of Fort Collins
Sheri Langenberger, City of Fort Collins
From the Applicant:
Rondo Fehlberg, Glenwood Intermountain Properties
Nick Haws, Northern Engineering
Russell Lee, VFR Design
Doug Dohn, Dohn Construction
From the Public
Seven citizens attended and spoke. A copy of the sign in sheet is attached
hereto.
NEIGHBORHOOD INFORMATION MEETING
The applicant held a neighborhood information meeting on March 24, 2009. This was
not required, but the information obtained from the meeting has been considered in the
staff review. The topics from the neighborhood meeting included the design of the
parking structure; the compatibility of a four story structure adjacent to the existing
single story rental home at the NW corner of Plum and Columbine and the use of Scott
Avenue.
3
tI
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE
PROJECT NAME:
CASE NUMBER:
April 23, 2009
The Retreat at 1200 Plum Street
Project Development Plan #34-08
APPLICANT: Northern Engineering
C/O Nick Haws
200 South College Avenue, Suite 100
Fort Collins, CO 80524
OWNER: Glenwood Intermountain Properties
1425 N. University Ave.
Provo, Utah 87604
HEARING OFFICER: Richard V. Lopez
PROJECT DESCRIPTION:
This is a request for a luxury student housing project containing 197 units, located on
2.63 acres in the 700 block of West Plum Street. The site is approximately 350 feet
from the Western edge of the Colorado State University campus. The property is zoned
Community Commercial District (CC) and currently contains several single-family
homes built in the 1950's that are being used as rental properties for students. The
proposal consists of four (4) multi -family housing structures and a parking structure that
contains 314 spaces. The two larger buildings contain 90 and 83 units and are
proposed to be 70 feet in height. The smaller buildings contain 16 and 8 units and are
proposed to be 55 feet in height. The parking structure is proposed to be 55' in height.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT CC - Community Commercial District
NOTICE OF PUBLIC HEARING:
Evidence presented to the Hearing Officer established the fact that the hearing was
properly posted, legal notices mailed and notice published.
2
�.F,�ort Collins
May 7, 2009
Dear Participant:
Planning, Development and
Transportation Services
Current Planning
281 N. College Ave.
PO Box 580
Fort Collins, CO 80522-0580
970.221.6750
970.224.6134 - fax
fcgo v. com/currentptanning
RE: Administrative Hearing for: The Retreat at Plum Street, Project Development
Plan (PDP), # 34-08)
Final Action Date: May 7, 2009
Appeal Application due to City Clerk by: May 21, 2009
Enclosed is a copy of the Type I Administrative Hearing Findings, Conclusions, and
Decision for the The Retreat at Plum Street, Project Development Plan (PDP), # 34-08).
The Hearing Officer has approved the application.
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. 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 by the appeal by date
shown above.
Information regarding the grounds for appeal is available on the City Clerk's page of the
City's website at http://fcqov.com/cityclerk/appeals.php. If appealed, the City Clerk will
place the item on the Council agenda for hearing as expeditiously as possible. The City
Clerk will provide written notice of an appeal from a final decision of the Hearing Officer to
the City Council to the appellant, the applicant and all other parties -in -interest 10 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 may 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 221-6750.
Sincebush
ev
Current Planning Director