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HomeMy WebLinkAboutHELLENIC PLAZA (635 S. SHIELDS ST.) - PDP - 30-05A - DECISION - FINDINGS, CONCLUSIONS & DECISIONAdministrative Public Hearing Sign -In Project: Meeting Location: 291 NJ. CSaI IeqP_ - Coni: rmce -9-00M A Date: ► �p - ?1�08 S = 30 AM PLEASE PRINT CLEARLY lame Address Phone Email �AN�i �12WkA4,t6 / ,5e,.o-1X FG_ 'L23-l�ZD a'✓ll'w�&O AG(U=b' lc•c-n''1 1✓rn� 5'z� �a, - r%- " L �mctc� 0 a��� f - iin. le • c rm� e SSZ INDSOfL, C.O NAJ 114 NYV1 Cr U i075 (0[7 u l (`✓ Ff roar&- Sim <PC. $o,c 1(oC3 -iz%e-t6�&t'uts C�o 22(o-O�570 Ftxr�o-r see- p C.ow�u.�-. J d/t1 AoS/f� �/6Zi �• Zd I�S�•�d yr fhb 33c—�y{l�lL J�toSiP/OL���s c..� S )•6G 4, L e e r13 y Pilo nz&L 14-t,4 JAB P. �,�, `o ss I 6TV s�M ��2 5 to rf Ee,14a Chvr A 6Dn Hellenic Plaza PDP Administrative Hearing Findings, Conclusions, and Decision December 20, 2008 Page 7 of 7 2. The modification will advance or protect the public interests and purposes of the standard for which the modification is requested equally well as a plan which complies with the standard for which the modification is requested. The proposed landscaped setback, in combination with the widened sidewalk requested for pedestrian connectivity, adequately separates and screens the Project from the parking lot to the west. DECISION The Hellenic Plaza Project Development Plan #30-05A, including a modification to Section 3.2.2 (J) is hereby approved by the Hearing Officer. Dated this 4th day of February 2008, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Planning and Z6ning Director Hellenic Plaza PDP Administrative Hearing Findings, Conclusions, and Decision December 20, 2008 Page 6 of 7 The Hearing Officer has reviewed the request for a modification to the standard requiring a five foot landscaped setback along the west property line and found that the applicable review criteria have been met. The resulting 2.5 foot wide landscape strip, in conjunction with the 6 foot -wide required sidewalk, provides adequate separation and screening between the Project and the adjacent property to the west. In addition to the general neighborhood compatibility issues that were raised, testimony provided at the hearing questioned whether the standards for off-street parking were being met by the PDP. It was an expressed fear of the opponents that the Project will have insufficient parking to address the needs of the development. As outlined on the proposed site plan and corroborated by the City staff at the hearing, the number of proposed off-street parking spaces exceeds the total required under the Land Use Code by 21 spaces. The Staff Report summarizes the PDP's compliance with these standards and there was no evidence submitted at the hearing to contradict the statements and conclusion of the Staff Report concerning compliance or to otherwise refute compliance with the Article 3 Standards. SUMMARY OF CONCLUSIONS A. The Hellenic Plaza Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Hellenic Plaza Project Development Plan complies with all applicable district standards of Sections 4.6 of the Land Use Code, (MMN) Medium Density Mixed Use Neighborhood zone district, and 4.9, (NCB) Neighborhood Conservation Buffer zone district, based on the proposed uses. Limited mixed -use restaurants will be subject to Planning and Zoning Board review if and when such uses are proposed in the future. C. The Hellenic Plaza Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code, except where a modification to Section 3.2.2 (J) has been granted. D. With respect to the Modification to Section 3.2.2 (J), the parking lot landscaped setback standard: Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the Land Use Code. Hellenic Plaza PDP Administrative Hearing Findings, Conclusions, and Decision December 20, 2008 Page 5 of 7 One neighbor expressed a fear that winter shadows cast by the Project would increase the potential for ice and snow buildup along sidewalks and other public areas. Public sidewalks are located south of the building along Birch Street and along the west side of Shields Street. At our latitude within the Northern Hemisphere, shadows cast over the winter months project toward the north. During morning hours, sunshine will help to clear snow from walks east of the building, and walkways south of the building will be exposed to sunshine during the hottest part of the day. The submitted shadow analysis indicated that only a small portion of the Project site will be significantly impacted by winter shadows and none of the shaded areas are located within public ways. Although the Hearing Officer finds that some of the concerns raised by the opponents of the PDP were insightful and might potentially improve acceptance of the PDP by the neighboring landowners, the PDP must be judged under the existing applicable regulations of the Fort Collins Land Use Code. These regulations provide sufficient specificity to determine that the Applicant and Owner have designed the PDP in conformance with the applicable regulations and there is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the minimum requirements of the Land Use Code, and other applicable regulations, in designing the development 2. Compliance with Article 4 and the MMN — Medium Density Mixed Use and NCB —Neighborhood Conservation Buffer District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the MMN and the NCB zone districts. The Staff Report summarizes the PDP's compliance with these standards. In particular, the proposed mixed use dwelling units are permitted in both districts subject to an administrative review as identified in Sections 4.6(2)(a) and 4.9(2)(a) of the LUC. Should the applicant wish to pursue inclusion of a limited mixed -use restaurant within the Project at some point in the future, the proposal is subject to Planning and Zoning Board review. The Project is within '/< mile of the Colorado State University Campus, providing a variety of community and recreation facilities to serve the residents. The Project is also in conformance with the minimum density standards of Section 4.6(D) & (E) (1) (d), and 4.9(E) (2), land use standards relating to building height, calling for buildings to be three stories or less. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable sections of Article 3 of the LUC except the parking area landscape setback requirement found in Section 3.2.2 (J) where a modification of standard is being requested. Hellenic Plaza PDP Administrative Hearing Findings, Conclusions, and Decision December 20, 2008 Page 4 of 7 applicant had revised the development plan to address previously expressed neighborhood concerns about spillover parking impacts. 91 off-street parking spaces are provided where 70 spaces are required, with an estimated 7-9 of these parking spaces dedicated for non-residential use. Further, the Applicant testified that there is an opportunity for a degree of shared parking between the Project and the adjacent sorority to the west. While the Hearing Officer acknowledges and appreciates that nearby residents and owners have provided careful thought in the framing of their concerns; however, the weight of evidence presented by the Applicant and corroborated through the City staffs analysis, supports a finding that sufficient off-street parking has been provided. Requests were made to the Hearing Officer by area residents to consider the "quality of life" impacts that might arise due to the existence of the proposed mixed use development relatively close to existing residential units to the northeast and northwest. More specifically, concerns were addressed about the impact to views, appropriateness of the proposed architectural style and building materials, and siting of the building closer to S Shields Street. Admittedly, many, if not most, neighboring residential owners would not desire a departure from the existing pattern of single family residences, to a more intensive residential and commercial mixed use development, within close proximity to their houses. However, the subject property has long been planned and zoned for attached residential units and mixed use, such as contemplated by the PDP. Staff testimony indicated that zoning for parcels along the west side of Shields Street will lawfully result in building heights up to 3 stories which will, overtime, reduce views to the foothills for those single family residential owners to the east. One neighbor, in particular, expressed concern about the proposed greek revival architectural elements and accompanying materials, and whether the style was generally compatible with the Fort Collins community and, more specifically, the development site. The Project. architect provided an analysis of surrounding architecture which indicated that the larger neighborhood includes an eclectic mix of styles and materials, and that the proposed design draws stylistic elements from some of the surrounding fraternity and sorority buildings, but does not attempt to replicate them. One property owner questioned the City requirement that promotes building placement close to the street, as opposed to a generous green lawn between the street and the facade. The staff confirmed that the Applicant has designed an attractive streetscape along S. Shields Street that gives pedestrians a safe, pleasant walking environment. The building setback from the proposed curb line to the outdoor seating areas is approximately 24 feet. The Hearing Officer both sympathizes with the neighboring property owners and finds the Applicant/Owner has attempted, through the facade design, building placement, and landscape treatments, to mitigate impacts between the lawfully permitted use of the subject property and the neighboring residences. Hellenic Plaza PDP Administrative Hearing Findings, Conclusions, and Decision December 20, 2008 Page 3 of 7 Written Comments: Public Comment to the Administrative Hearing Officer from Leonard E. and Donna May Jenkins, forwarded from Shelby Sommer, expressing opposition to the Project. Letter from Ed Prijatel, dated January 17, 2008, expressing concern over insufficient off-street parking serving the Project. 1. Compatibility with Surrounding Uses N: NCB: Existing commercial use (Elderhaus Adult Day Care) E: NCL: Existing single-family residential uses S: CSU: Existing university uses (CSU Alumni Center) W: MMN, RL: Existing single-family residential uses and existing sorority house The Project includes the properties located at 609 S. Shields St. (single-family residential use to be demolished) and 635 S. Shields St. (former fraternity use was demolished and property is currently vacant). The proposal includes a subdivision plat for both properties. Testimony was offered at the hearing by neighboring residential landowners concerning the anticipated or feared impacts of the proposed development and its design upon the residential land uses within the adjacent City Park Heights and Mantz neighborhoods. These impacts included parking, winter shadows, architecture and aesthetics, and views to the foothills. Evidence further established that one neighborhood meeting and other opportunities were made available for the opponents of the project to engage the Applicant and Owner in the property's design and operational issues. The Applicant and Owner acknowledged that they had taken steps during the public process to adjust the design of the proposed development plan to help mitigate impacts on the neighboring residential uses. Unfortunately, the adjustments did not, to some attendees and neighbors, address the potential issues and concerns. A common issue repeatedly raised by many opponents, expressed in both written and oral testimony, involved parking impacts to the immediate area surrounding the site. The opponents specifically expressed concern about the amount of off-street parking provided by the Development and the potential for tenants or commercial users to find on -site parking unavailable, which may result in greater on -street parking usage on adjacent residential streets. Evidence provided by the applicant and corroborated by the staff, indicated that the Hellenic Plaza PDP Administrative Hearing Findings, Conclusions, and Decision December 20, 2008 Page 2 of 7 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. G,cl The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:30 p.m. on January 30, 2008 in Conference Room A, 281 N. College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; and (3) a tape recording of public testimony provided during 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: Shelby Sommer, Associate Planner From the Applicant: Barbara Siek Dave Lingle, Aller Lingle Architects Emily Szilagyi-Mack, Aller Lingle Architects Don Brookshire, Eastpoint Studio Jade Miller, DMW Civil Engineers John Mosier, Landmark Construction From the Public: Siu Au Lee, 939 Pioneer Avenue Shawn Moscrip, 616 Monte Vista Avenue Bill Prather, 600 S. Shields Street (American Baptist Church) iiA City of Fort Collins Plannin Development and Transportati...Services Planning and Zoning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: U HEARING OFFICER: PROJECT DESCRIPTION: January 30, 2008 Hellenic Plaza Project Development Plan #30-05A Eastpoint Studio c/o Don Brookshire 522 Kinnikinnick Ct. Fort Collins, CO 80550 Hellenic Plaza, LLC PO Box 1613 Fort Collins, CO 80522 Cameron Gloss Planning and Zoning Director The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP") proposing redevelopment of a 1.67 acre residential site at 609 and 635 S. Shields, on the northwest corner of Shields and Birch Streets. The proposal includes 39 two and three -bedroom multi -family dwelling units (83 total bedrooms) plus 8,203 square feet of commercial space. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICTS: MMN—Medium Density Mixed -Use Neighborhood and NCB — Neighborhood Conservation Buffer District. STAFF RECOMMENDATION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Plannir,.. Development and Transportati%,.c Services Planning and Zoning City of Fort Collins February 5, 2008 Dear Participant in the Hellenic Plaza PDP Administrative Hearing, Enclosed is a copy of the Type I Findings, Conclusions, and Decision for the Hellenic Plaza Project Development Plan, P.D.P. , File #30-05A, approving the requested plan. This final decision 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. 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 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 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. Sincerely, bq &)� V vw Shelby Sommer Associate Planner 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020