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HomeMy WebLinkAboutPENNY FLATS (BLOCK 33) - PDP - 32-05 - DECISION - FINDINGS, CONCLUSIONS & DECISIONADMINISTF PROJECT_ DATE ,TIVE HEARING �s e5wlr, sleet- If Wknl- ext. "�4n "J2 &.- -, h i 5 1 � 1, 0 D ' L 22i-63b-V v na Jv ,�// rrtr/ S� . u ga3n, 3- 2-3Js ti C060F l I 161P eZ •+ Z" 3 -PA HOW00-D O« t;;-C ?05Z-1 6q 1- y� chwu Zcr <v �. Go►.� S`hi��lsrd z Gz S4- Z21 - G• & c�j rz City of Fort Collins -Type t Administrative Hearing Findings, Conclusions, and Decision Penny Flats PDP #32-05 Page 8 of 8 DECISION The Hearing Officer APPROVES PDP #32-05 for Penny Flats subject to the following conditions to be met at Final Plan Approval: A. The Applicant shall receive approval from the BNSF Railroad for the proposed sidewalk and improvements on the northeast corner of the site in a form acceptable to the City (such as a permit or license, easement or signature on the plans) or redesign that area to provide a continuous sidewalk connection without encroaching on railroad property; and B. The City shall have vacated the existing alley right-of-way and approved the transfer of such land to the Applicant to be used for the pedestrian spine. Condition B revised and dated nunc pro tunc to the 10th day of March, 2006. l� �1 Claire B. Levy Hearing Officer City of Fort Collins -Type t Administrative Hearing Findings, Conclusions, and Decision Penny Flats PDP #32-05 Page 7 of 8 on a wide pedestrian walkway along the street. All buildings are extended to the build -to lines to the maximum extent feasible. A single, large dominant building mass has been avoided in all proposed buildings. Numerous changes in mass break up the volumes and are integrally related to entries, building structure and the organization of space within and without. Standard 3.5.3(D) requires buildings to contribute to the uniqueness of a zone district, in this case the Downtown District — Civic Center Subdistrict. The proposed project contributes substantially to the uniqueness of the Downtown Civic Center zone district and sets a high bar for future residential and mixed -use projects in the area. The design's emphasis on pedestrian spaces, outdoor experience and more urban streetscape, along with the transition in height and massing are tailored to this site both in terms of its immediate context and its wider context within the zone district. All facades exceed the minimum requirements for wall articulation. Walls have clearly defined bays, multiple changes in plane, materials and texture, arcades, awnings and porticos. All sides of each building have high quality materials consistent with the front facade. Primary building entrances are recessed into the building mass or feature a foyer and are covered with either an awning or portico. Awning length corresponds to building bays for a human scaled effect. All buildings have been designed with appropriate base and top treatments including stone and masonry cornices and stone and the bases. Transportation and Circulation Regarding transportation and circulation standards, the project complies with the private drive standards. More detailed review will occur at the Final Plan Review stage. The Transportation Impact Study does not show any significant impact on the levels of service of surrounding streets. The project will not significantly impact the surrounding neighborhood. SUMMARY OF CONCLUSIONS A. The proposed mixed use development is an allowable use in the Downtown District — Civic Center Subdistrict, subject to a Type 1 Administrative Hearing. B. The PDP complies with the applicable District Standards and the General Development standards provided it meets the conditions set forth below. City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Penny Flats PDP #32-05 Page 6 of 8 Despite the urban nature of the project, it creates appropriate opportunities for privacy by the residents by the arrangement of the residential uses and the placement of private spaces. The north -south orientation along the pedestrian spine also creates opportunities for interactions among neighbors. Thus, the project complies with Section 3.5.1(D). The project is subject to special height review because it exceeds forty (40) feet in height. Buildings over forty feet must meet the criteria in Section 3.5.1(G) with respect to views, light and shadow, privacy, and neighborhood scale. The applicant submitted photographs showing views of the property from various perspectives. These photographs establish that the proposal will not substantially alter the opportunity for, and quality of, desirable views from public places, streets and parks within the community. In addition, the Hearing Officer recognizes that the allowable height in the Downtown District presumes that some interference with views of the foothills to the west will occur and are acceptable. The shadow analysis demonstrates compliance with standard 3.5.1(G)(1)(a)2, which requires a design that will not have a substantial adverse impact on the distribution of natural and artificial light on adjacent public and private property. The taller buildings are located on the east side of the block, limiting the extent of shadow on the private properties to the west. Shadowing will be limited to the adjacent streets. With respect to privacy of adjacent residential areas, the buildings most proximate to residential uses across Howes Street are primarily two -stories with a stepped back third story. There will be a taller structure on the corner of Howes Street and Maple Street. The design and setback of these structures should alleviate concerns regarding infringing on the privacy of residents on Howes Street. The project is compatible with the overall scale of the neighborhood in which is it situated. Therefore, the Hearing Officer approves the proposed height in excess of forty (40) feet. Residential Building Standards The residential building standards in Section 3.5.2 apply to the townhouses on Howes Street and to Buildings 3 and 7, which have no commercial uses in them. These buildings comply with those standards in Section 3.5.2 that apply in the context of an urban, mixed -use project. Mixed -Use Building Standards The remaining buildings must meet the standards in Section 3.5.3 for Mixed Use, Institutional and Commercial Buildings. All mixed -use buildings front City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Penny Flats PDP #32-05 Page 5 of 8 the block. The Trolley Barn is owned by the city and is not included in the project. The proposal must nonetheless adhere to the standards in Section 3.4.7. The General Standard for protection of historic structure requires new structures to be compatible with the historic character of a landmarked building, whether on the development site or adjacent thereto. More specifically, the height, setback and/or width of new structures must be similar to those of existing historic structures on any block face on which the new structure is located. Horizontal elements are to be aligned with those of existing historic structures and window patterns of existing structures must be repeated in new construction. Section 3.4.7(F) also addresses building material, visual and pedestrian connections and preservation of landscaping. The Trolley Barn is a quasi -industrial style structure, having been used for transportation purposes. For this reason, it is not possible to achieve strict conformance to the standards for new construction for architectural elements such as cornices, windows, moldings, etc. The proposed building materials and overall design are compatible with buildings of the same era as the Trolley Barn. The site layout will allow future users of the Trolley Barn to interact with pedestrian activity at Penny Flats. There is no landscaping of historic significance currently associated with the Trolley Barn site. The Penny Flats project incorporates landscaping that will transition to the adjacent Trolley Barn parking lot. Building Standards Division 3.5 of the Land Use Code contains general building standards, which are to be applied in conjunction with the zone district standards in Article 4. The project complies with Section 3.5.1 (B) and (C), which pertain to architectural character, and building size, height, bulk, mass and scale. The design of the project complements the neighborhood and historic context. It transitions appropriately from the existing neighborhood and Civic Center, both in terms of height and massing. On the west side along Howes Street, the townhouses proposed are two stories with a third story that is set back from the fagade. The elevations are broken down into fifteen foot bays, which blend well with the existing dwellings across the street. The facades that front on Maple and Mason Streets are composed of 24 foot modules, which is appropriate for the commercial fronts and the more urban context. The project sets an enhanced standard for future redevelopment with its generous use of brick, stone, commercial display windows and detailing that echoes the site's railroad era connection. City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Penny Flats PDP #32-05 Page 4 of 8 The project complies with the dimensional standards set forth in Section 4.12(D)(2). The proposed buildings will cover approximately 57% of the site above grade and will have a Floor Area Ratio of less than 1.0. The buildings comply with the maximum front yard setback and the minimum rear yard setback, and, at 55 feet, are substantially lower than the maximum allowed height of 168 feet. The project complies with the building design and fagade standards in Section 4.12(E)(1) and (2). It has been designed to make the storefronts an integral part of the building and to be compatible with the overall facade character. With a pedestrian spine down the center of the block and additional east -west pedestrian connections, the buildings promote and accommodate outdoor activity. The residential uses have generous balconies and other areas for outdoor activity. With regard to the site design standards in Section 4.12(E)(3), parking is primarily located below grade with tuck -under parking behind the buildings. Special provisions apply to the Civic Center Subdistrict and are set forth in Section 4.12(E)(5). These provisions require projects to incorporate the "Civic Spine" described in the Downtown Civic Center Master Plan to connect civic buildings and to unify parks and plazas. The provisions require use of local sandstone and a design that establishes continuity between new and existing buildings within and adjacent to the subdistrict. The Penny Flats proposal meets these standards by incorporating the pedestrian spine mentioned above, and using architecture that draws from the existing civic buildings and the older buildings nearby. 3. Compliance with Article 3 of the Land Use Code — General Development Standards Site Planning and Design The proposal fully complies with the Site Planning and Design Standards contained in Division 3.2. The Hearing Officer adopts the analysis and findings of the Staff Report with respect to these standards. Environmental, Natural Area, Recreational and Cultural Resource Protection Division 3.4 contains standards regarding natural area, recreational and cultural resource protection. These standards generally do not apply with the exception of the standards in Section 3.4.7 for Historic and Cultural Resources. The Trolley Barn, a designated local landmark, sits on the northwest corner of City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Penny Flats PDP #32-05 Page 3 of 8 S: D—Downtown District - Civic Center Subdistrict — Existing office and industrial (City office building and Haison Oil Company), with existing Larimer County government offices beyond; SW: D—Downtown District — Civic Center Subdistrict — Existing park and municipal government offices beyond; W: D—Downtown District — Civic Center Subdistrict — Existing single family residential and existing office with NCB —Neighborhood Conservation Buffer District beyond; NW: NCB —Neighborhood Conservation Buffer District with NCM— Neighborhood Conservation Medium Density beyond. The land directly north is zoned Downtown and is being developed with a mixed use development. This proposal is designed to have the least intensive retail uses on the north side. The land to the east is also zoned Downtown. There are commercial uses located on a portion of the site. Part of it is currently vacant. When redeveloped, the development will be in accordance with the Downtown District — Civic Center Subdistrict standards. To the south are existing offices and industrial uses on land also within the Downtown District. This proposal has located the more intensive retail uses on the southeast comer of the block. The land to the west is currently occupied by single family dwellings. This land is within the Downtown District — Civic Center Subdistrict. The Civic Center Master Plan calls for this area to be developed with a combination of townhouses and office uses. The Penny Flats project places townhouses along the western frontage, which will serve as a transitional use to the existing single family use and which will be compatible when this area redevelops in accordance with the Civic Center Subdistrict. Based on the foregoing analysis, the Hearing Officer finds that the proposal is compatible with the surrounding land uses in all directions. 2. Compliance with Article 4 and the Downtown District (D) Development Standards. A mixed use development with retail, office and residential uses is an allowed use in the Downtown District — Civic Center Subdistrict subject to a Type 1 Administrative Hearing. City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Penny Flats PDP #32-05 Page 2 of 8 SUMMARY OF HEARING OFFICER DECISION: Approved with conditions ZONING DISTRICT: D — Downtown District, Civic Center Subdistrict STAFF RECOMMENDATION: Approval with conditions. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:06 p.m. on March 1, 2006 in the City Council Chambers at 300 La Porte 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) 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. FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The following zoning and land uses surround the proposed development: N: D—Downtown District - Civic Center Subdistrict with LMN—Low Density Mixed -Use Neighborhood (existing residential and a mixed -use project currently under construction) beyond; NE: POL—Public Open Land — vacant land; E: D—Downtown District - Civic Center Subdistrict — vacant land and existing tire shop and Taco John's beyond; SE: D—Downtown District - Civic Center Subdistrict — existing Downtown Transit Terminal and existing office, retail and mixed -use beyond; Commui._ _ f Planning and Environmental'. -vices Current Planning 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: March 1, 2006 Penny Flats P D P#32-05 Dan Rotner Coburn Development Inc. 1811 Pearl Street Boulder, CO 80302 City of Fort Collins c/o Ken Mannon, Facilities Operations 117 N. Mason Street Fort Collins, CO 80524 Claire Levy, Esq, Claire B. Levy, LLC 3172 Redstone Road Boulder, CO 80305 PROJECT DESCRIPTION: Penny Flats is a mixed -use development on approximately 2.6 acres consisting of eight buildings with 147 residential units and approximately 30,000 square feet of commercial space. The property is located on Block 33 in the Downtown District, Civic Center Subdistrict. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020