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210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP (#24-05)
Administrative Hearing
Findings, Conclusions, and Decision
October 10, 2005
Page 11
4. The proposed parking access design meets the test for a nominal and
inconsequential deviation from the Land Use Code.
DECISION
The 210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street — Modification of
Standards # 1 Type I (#24-05A) is hereby approved by the Hearing Officer.
The 210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street — Modification of
Standards # 2 Type I (#24-05B) is hereby approved by the Hearing Officer.
The 210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP, #24-05, is
hereby approved by the Hearing Officer without condition.
Dated this 13th day of October, 2005, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Petk Wray
Inte m Director of ent P nning
210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP (#24-05)
Administrative Hearing
Findings, Conclusions, and Decision
October 10, 2005
Page 10
enhanced by the design. Restaurant management would need to abide
by the provisions in 4.12(E)(3)(b)1-6.
The weight of the evidence established that the project complies with the applicable
development standards including land use and density standards for the (D) Downtown
District zoning.
SUMMARY OF CONCLUSIONS
The 210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, Project Development
Plan complies with the applicable requirements of the Land Use Code (LUC), more
specifically:
A. The process located in Division 2.2 - Common Development Review Procedures
for Development Applications of ARTICLE 2 - ADMINISTRATION;
B. The standards located in Division 3.2 - Site Planning and Design Standards,
Division 3.3 — Engineering Standards, Division 3.5 - Building Standards, and
Division 3.6 — Transportation and Circulation of ARTICLE 3 - GENERAL
DEVELOPMENT STANDARDS, except fort the standards in Section 3.2.2 (D) (2),
and 3.2.2 (K) (1) (a), described in the request for modifications; and
C. The proposed mixed -use dwellings are permitted in Division 4.12 Downtown District
(D) of ARTICLE 4 — DISTRICTS, subject to an administrative review.
D. In reviewing this proposed alternative plan for purposes of determining whether it
accomplishes the purposes of Division 2.8.2 of the Land Use Code — Modification
Review Procedures as required, the Hearing Officer has determined that:
1. The granting of the modifications would not be detrimental to the public good
because the off-street parking has been designed to be safe, convenient and
efficient.
2. An offsite parking arrangement would be an acceptable means to satisfy the
parking requirement. As proposed, the lifts will provide parking in a manner that is
better because it is onsite and appropriate for a dense downtown district infill site;
and
3. The 4% shortfall in parking provided is nominal and inconsequential when viewed
from the perspective of the entire development plan.
210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP (#24-05)
Administrative Hearing
Findings, Conclusions, and Decision
October 10, 2005
Page 9
after December of this year. The 7% shortfall is nominal and inconsequential when viewed
within the context of the entire development plan. To support this, other widely accepted
professional documents such as Architectural Graphic Standards, referenced in the
applicant's letter suggest dimensions for this condition that are even less than that proposed.
5. Compliance with Article 4.12 of the Land Use Code - Downtown District
Standards :
A. Permitted Land Use: Mixed -use dwellings are permitted in the Downtown
District —Canyon Avenue Subdisrict, subject to a Type I (Administrative)
review.
B. Applicable Standards of the Downtown District -Canyon Avenue Subdistrict:
1) Land Use Standards [Section 4.12 (D)]
a. Dimensional standards: The project exceeds the minimum lot width of
40 feet. The proposed project is 64%, below the maximum building
coverage standard of 75%. The project meets the Maximum FAR
standard since only one floor is not exclusively residential. The project
meets the front and rear yard setbacks. And finally, the project meets
the height restriction. The maximum height of the project is 56 feet,
less than the 168' maximum and over which would require a Planning
and Zoning Board Review.
2) Development Standards [Section 4.12 (E)(2)]
a. Facades: There are no blank walls facing the street or walkways that
span more than 50 feet. Storefronts have been integrally designed with
the upper floors of the building and are compatible with the entire
facade character. The materials, colors details signage and lighting
fixtures have been tastefully combined into a cohesive whole. The
buildings encourage outdoor use with balconies. The pedestrian area
in front of the building will be paved. The rooflines echo the
surrounding residential buildings. Windows all have sills, lintels and
mullions which cast shadow lines. Ground floor windows and glass
doors are large for display purposes. Windows on the ground floor do
not exceed 75% of the wall surface.
b. Site Design: The parking lot is proposed behind the existing building
and beneath the residential units, in accordance with the site design
standards. If a restaurant business occupied one of the ground floor
commercial condos, outdoor cafe areas would be permitted and
210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP (#24-05)
Administrative Hearing
Findings, Conclusions, and Decision
October 10, 2005
Page 8
The applicant requests this modification to be able to use lift parking, which is considered
obstructed, to provide required residential parking spaces based on the equal to or better
than rationale set forth in Section 2.8.2 (H)(1).
As stated in 3.2.2.(A) of the Land Use Code, the general purpose of the parking
requirements of the LUC are to ensure that "parking and circulation aspects of all
developments 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."
The applicant has provided a functional and safe design for lift parking that allows for safe,
efficient, and convenient parking on site. The lifts proposed do not impair the smooth flow of
traffic along Magnolia. Each lift will be in the control of one loft owner so the operation of the
lifts will be in the control of one owner.
The Hearing Officer finds that the granting of the modification would not impair the intents
and purposes of the LUC because the proposed configuration provides 96% of the parking
requirement, and because the project is located within % a block from the Mason Street
Corridor and within easy walking distance from a major places of employment, a grocery
store, a hardware store, and numerous venues for entertainment within the downtown, which
staff expects will draw at least some residents who may not rely on automobiles for
transportation to the extent built into the parking standards.
Furthermore, the Hearing Officer finds that the use of lift parking in the garage will not be
detrimental to the public good and the modification satisfies the rationale set forth in 2.8.2 (H)
(2) (a).
Modification No. 2:
This is a separate, stand alone request for a modification of a standard set forth in Section
3.2.2 Access, Circulation and Parking of the Land Use Code (LUC), more specifically
Section 3.2.2(L) Parking Stall Dimensions. The applicant proposes to dimension the drive
aisle in the parking structure at 18-feet 8-inches instead of the required 24 feet.
According to this chart, the applicant is required to provide a drive aisle that is 24 feet wide.
The proposed drive aisle is one-way. The applicant requests a modification so that the drive
aisle can be dimensioned at 18-feet 8-inches based on the nominal and inconsequential
rationale set forth in Section 2.8.2(H)(4).
The Hearing Officer finds that the proposed plan satisfies the requirements set forth in the
LUC Section 2.8.2 (H) (1) in that it will not be detrimental to the public good and Section
2.8.2 (H) (2) (d). The proposed plan is sufficiently safe to meet the intent of the Land Use
Code with regards to parking safety, convenience and efficiency. The proposed 18-feet 8-
inch dimension is 93% of the 20-foot dimensional requirement that is likely to be in place
210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP (#24-05)
Administrative Hearing
Findings, Conclusions, and Decision
October 10, 2005
Page 7
the use of a native fieldstone veneer around the entire base of the
building. The top is established by the stucco top story and pitched roof
with deep eaves.
Based on the Staff Report and the evidence taken at the hearing, the Hearing Officer finds
that the project development plan complies with the applicable sections of Article 3, Divisions
3.3, 3.4, 3.5, and 3.6 of the Land Use Code, except as noted with the modifications set forth
in Section 3.2.
4. Modifications to Standards in Section 3.2 — Access Circulation and Parking
Modification No. 1:
The request is for a modification of two standards set forth in Section 3.2.2 Access,
Circulation and Parking of the Land Use Code (LUC), more specifically Section 3.2.2(D)(2)
Access and Section 3.2.2 (K)(1)(a) Parking Lots — Required Number of Off Street Spaces for
Type of Use. The applicant proposes to use lift structures to accommodate parking on the
site and is also unable to meet the requirements for the residential parking due to a
constrained site. This modification is requested in accordance with the review procedures
set forth in Section 2.8.2(H) of the Land Use Code.
3.2.2 Access, Circulation and Parking (K) Parking Lots — Required Number of Off Street
Spaces for Type of Use (1) Residential and Institutional Parking Requirements (a) Attached
Dwellings. This section of the Land Use Code requires that multifamily dwellings provide a
minimum of off street parking according to the chart in this section of the LUC. According to
this chart, the applicant is required to provide 31 offsite spaces for residents. The applicant
requests a modification so that he can provide a total of 30 spaces.
The Hearing Officer has determined that the request for a modification meets the
requirements of 2.8.2. (H), in that it is not detrimental to the public good and is considered
nominal and inconsequential by providing one less parking space.
The other section of the Land Use Code that the applicant wishes a modification for is 3.2.2
(D) (2) which states:
2) Access. Unobstructed vehicular access to and from a public street
shall be provided for all off-street parking spaces. Vehicular access shall
be provided in such manner as to protect the safety of persons using
such access or traveling in the public street from which such access is
obtained and in such manner as to protect the traffic -carrying capacity of
the public street from which such access is obtained.
210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP (#24-05)
Administrative Hearing
Findings, Conclusions, and Decision
October 10, 2005
Page 6
lintels and metal mullions. The colors chosen for the project unify the project
and coordinate well with the neighboring Edwards residence.
2) Special Height Review: [Section 3.5.1 (G)]—Since the building is in the
Downtown District and proposed to be over 40 feet, the project is subject to
the special height review standards. There are no residential uses to the east
of the project whose views will be adversely impacted by this project. The
applicant has worked closely with the neighbors to the west with regard to the
building design and they have indicated that they are pleased with the design
of the proposed building. The lighting plan will be finalized during Final Plan
review to ensure that the lighting of the building and parking structure do not
adversely impact the Edwards residence. The height and massing of this
mixed -use downtown project is well within appropriate range for neighborhood
scale.
3) Mixed -use, Institutional and Commercial Buildings: [Section 3.5.3]—The
proposed project meets the standards of this section of the code as follows:
a. Orientation to a Connecting Walkway [Section 3.5.3 (B)(1)]—The
sidewalk is linked to the front doors of the project by a sidewalk that
serves as a connecting walkway.
b. Orientation to Build -to Lines for Streetfront Buildings: [Section 3.5.3
(B)(2)(a)]—This project is being built on top of and behind an existing
commercial building so the build -to line is by definition established. It is
also in compliance with the standard at ten feet and it is aligned with
existing buildings on the block, most notably the residence to the west.
C. Variation in Massing: [Section 3.5.3 (C)]—The massing of the proposed
building is appropriate to its design and location with projecting eaves,
inset windows and balconies and a projecting arcade at the ground
level.
d. Character and Image: [Section 3.5.3 (D)]—The proposed building
design is site specific in that it draws directly from the neighboring
Edwards residence for architectural inspiration. No facade is left blank.
The front walls are articulated with an arcade and columns, along with
fenestration and awnings which reinforce the human scale of the project.
The side walls are articulated with false windows and metal grates that
ventilate the parking structure. These elements echo the pattern of
articulation on the front facade. The rear wall is designed with a
permanent metal trellis and vines for architectural interest. All four
facades are created with the same high quality materials including brick,
stucco and stone veneer. The base of the building is established with
210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP (#24-05)
Administrative Hearing
Findings, Conclusions, and Decision
October 10, 2005
Page 5
5) Curbcuts and Ramps: [Section 3.2.2 (C)(2)]—Curbcuts and ramps have been
provided in all circumstances where they are warranted on site.
6) Site Amenities: [Section 3.2.2 (C)(3)]—This PDP includes separate parking
facilities for bicyclists, enhanced amenities for pedestrians, and ramps and
walkways for clear and direct access to all entrances and the garage.
7) Access and Parking Lot Requirements: [Section 3.2.2(D)]—The parking lot
has been designed with clear circulation routes and traffic control devices.
The standard contained in Section 3.2.2 (D)(2) is not met with this design but
is addressed in Modification Request # 1. Therefore, approval of this PDP is
contingent upon the approval of the modification.
8) Parking Lots — Required Number of Off-street Spaces for Type of Use:
[Section 3.2.2 (K)]—The proposed project is required to provide a minimum of
31 parking spaces based on the number of bedrooms per unit and the total
number of units. Due to site constraints, the applicant is one space short of
meeting the parking requirement. The applicant has submitted a request for
modification for this shortfall; it is also contained in Modification Request # 1.
Therefore, the approval of this PDP is again contingent upon the approval of
the modification request. Non-residential parking is based on a maximum
allowed and will be accommodated in diagonal parking on street. Handicap
accessible parking spaces have been provided in the residential parking
structure as well as on Magnolia Street. All parking meets the standards for
stall dimensions.
9) Site Lighting: [Section 3.2.4]—Lighting proposed for this project must meet the
standards for site lighting. The applicant has improved the plan during the
course of staff review of the plans and will polish the plans during Final Plan
review so that the standards are fully met.
10)Trash and Recycling Enclosures: [Section 3.2.51—The trash enclosure for this
project is sized to accommodate recyclables and has both walk-in and trash
vehicle sized entries. The pad is to be constructed of concrete.
B. 3.5 Building Standards for Mixed -Use, Institutional and Commercial
Buildings
1) Building and Project Compatibility: [Section 3.5.1]—The architecture of this
project is compatible with the existing buildings, especially the Edwards
residence immediately to the west. This mixed -use building is articulated by
variations in material and massing that are proportional to the massing and
scale of nearby structures. Glass used in the project shall not cause
excessive glare. Windows have been defined by stone and/or brick sills and
210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP (#24-05)
Administrative Hearing
Findings, Conclusions, and Decision
October 10, 2005
Page 4
are not subject to a Planning and Zoning Board (Type 2) review. Therefore, a City -sponsored
and facilitated neighborhood information meeting was not held for the 210 & 212 W.
Magnolia St. — Urban Living Lofts at Magnolia Street, PDP proposal.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards:
The 210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP
proposal meets all of the applicable standards in ARTICLE 3 - GENERAL
DEVELOPMENT STANDARDS of the LUC. Of specific note are Division 3.2 - Site
Planning and Design Standards, Division 3.3 — Engineering Standards, Division
3.5 - Building Standards, and Division 3.6 - Transportation and Circulation. A
request for modification was submitted for Section 3.2.2 (D) (2), and 3.2.2 (K) (1) (a),
which will be described below.
Further discussions of these particular standards follow.
A. 3.2 Site Planning and Design Standards
1) Landscaping and Tree Protection: [Section 3.2.1]—The PDP provides full tree
stocking on the street frontages and landscaping throughout the project. The
applicant has worked with the City's Forester to his satisfaction regarding
street tree species and tree mitigation. *** trees that must be removed with
this project will be mitigated offsite.
2) Landscape Buffering between Incompatible Uses and Activities: [Section
3.2.1.(E)(1)]—The PDP provides ivy vines growing from planters in the ground
around the perimeter of the mixed -use building to subdue the differences in
architecture and bulk between the mixed -use building and surrounding
buildings and parking lots.
3) Landscape Area Treatment: [Section 3.2.1 (E)(2)]—All areas that require
landscaping are shown on the plans with appropriate planting designs
including.trees, turf, foundation plantings and trellises with vines.
4) Safety Considerations: [Section 3.2.2 (C)(1)]—Pedestrians coming to this site
arrive on the detached sidewalk and do not have to cross a drive aisle to
reach the front door from the sidewalk. Bikes have a separate and convenient
entrance to the parking garage and the bike parking facility: Though the
parking structure itself is tight on space, pedestrian and bicyclist safety has
been considered in this design as well. Entries have a striped area or
designated walkway in front of them, and a separate walkway has been
provided from the stair structure to the alley.
210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP (#24-05)
Administrative Hearing
Findings, Conclusions, and Decision
October 10, 2005
Page 3
Dave Edwards, 218 W. Magnolia St.
Steve Slezak, 231 S. Howes St.
Priscilla Siano, 212 W. Mulberry St.
Tomas, Herrera, 423 N. Mason St.
Written Comments:
None
FACTS AND FINDINGS
1. Compatibility with Surrounding Uses:
The surrounding zoning and land uses are as follows:
N: D — Downtown District, Canyon Avenue Subdistrict. Existing commercial (First
National Bank building and parking lot) with D beyond;
E: D — Downtown District, Canyon Avenue Subdistrict. Existing commercial (First
Interstate Bank and parking lot);
W: D — Downtown District, Canyon Avenue Subdistrict. Existing residential and
commercial (Edwards residence and existing multifamily residential and office) with
federal offices beyond;
SE: D — Downtown District, Canyon Avenue Subdistrict. Existing commercial space
and one single family residence
S: D — Downtown District, Canyon Avenue Subdistrict. Existing commercial office
buildings.
SW: D — Downtown District, Canyon Avenue Subdistrict. Existing commercial office (US
Bank) with existing office and multifamily dwelling units beyond.
2. Compliance with Article 2 of the Land Use Code - Administration:
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 development is for mixed use dwelling units comprising both commercial and
residential lofts ad parking, which are permitted uses in the D — Downtown District, Canyon
Avenue Subdistrict, subject to an administrative (Type 1) review and public hearing. The
LUC does not require that a neighborhood meeting be held for development proposals that
210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia Street, PDP (#24-05)
Administrative Hearing
Findings, Conclusions, and Decision
October 10, 2005
Page 2
SUMMARY OF HEARING OFFICER DECISIONS: Approval
ZONING DISTRICT: The property is zoned D, Downtown District,
Canyon Avenue 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 3:00 p.m. on October 3, 2005 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 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:
Anne Aspen, City Planner
Marc Virata, Civil engineer I
From the Applicant:
Alan Strope, Urban Living Concepts, LLC
Corey Seitz, Urban Living Concepts, LLC
Justin Larson, Architecture, LLC
From the Public:
City of Fort Collins
Commu / Planning and Environmental 'vices
Current Planning
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE
PROJECT NAME:
CASE NUMBER:
APPLICANTS:
OWNERS:
HEARING OFFICER:
PROJECT DESCRIPTION:
October 3, 2005
210 & 212 W. Magnolia St. —
Urban Living Lofts at Magnolia Street
Type I, Project Development Plan
#24-05
Alan Strope
Urban Living Concepts, LLC
3201 E. Mulberry St., Suite B
Fort Collins, CO. 80524
Urban Living Concepts, LLC
3201 E. Mulberry St., Suite B
Fort Collins, CO.80524
Pete Wray
Interim Director of Current Planning Director
The owner of the existing 2250 square foot commercial building at 210-212 Magnolia Street
requests to adaptively reuse the existing building and to construct a 3-story, 18-unit
residential loft project above. Parking will be in the form of an enclosed parking structure
behind the commercial space and below the residential units. The site is .39 acres. The
project proposed is contingent upon two modifications requested, which are discussed
below. The property is located on the north side of Magnolia St. just west of Mason St. The
property is in the D - Downtown, Canyon Avenue Subdistrict Zoning.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020