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Home My WebLink About210-212 W. MAGNOLIA ST., URBAN LIVING LOFTS - MOD #1 - 24-05/A - REPORTS - RECOMMENDATION/REPORTRequest for Modification #1—210-212 W. Magnolia —Urban Living Lofts at Magnolia — Filing #24-05A October 3, 2005 Administrative Hearing Page 5 FINDINGS OF FACT/ CONCLUSION In reviewing this proposed alternative plan for purposes of determining whether it accomplishes the purposes of 2.8.2 of the Land Use Code as required, Staff has determined that: 1. The granting of the modification 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. STAFF RECOMMENDATION: Staff recommends approval of the modification request. ATTACHMENTS: Request for modification of standards letter from applicant and associated illustrations Request for Modification #1—210-212 W. Magnolia —Urban Living Lofts at Magnolia — Filing #24-05A October 3, 2005 Administrative Hearing Page 4 The applicant requests a modification so that he can provide a total of 30 spaces based on the nominal and inconsequential rationale set forth in Section 2.8.2(H)(4). 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. 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 (1-11)(1). STAFF'S ANALYSIS OF MODIFICATION REQUEST 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." Staff 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 'h 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 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. Request for Modification #1—210-212 W. Magnolia —Urban Living Lofts at Magnolia — Filing #24-05A October 3, 2005 Administrative Hearing Page 3 (b) the proposed project would, without impairing the intents and purposes of the LUC, substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan, adopted policy, ordinance or resolution, and that the strict application of such a standard would render the project practically infeasible, or (c) strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties or exceptional or undue hardship due to exceptional physical conditions unique to such property. (d) plan will not diverge from the standards of the LUC except in a nominal way when considered from the perspective of the entire development plan and will continue to advance the purposes of the LUC. APPLICANT'S REQUEST This is a request for modification to the following sections 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 following chart: I Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit' One or less 1.5 J J Two 1.75 I Three 2.0 i Four and above 2.5 According to this chart, the applicant is required to provide 31 offsite spaces for residents as follows: 4 one -bedroom units @ 1.5 spaces each = 6 spaces 12 two -bedroom units @ 1.75 spaces each = 21 spaces 2 three -bedroom units @ 2 spaces each = 4 spaces TOTAL = 31 Request for Modification #1—210-212 W. Magnolia —Urban Living Lofts at Magnolia — Filing #24-05A October 3, 2005 Administrative Hearing Page 2 COMMENTS BACKGROUND 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. The property at 210 and 212 W. Magnolia contains a 2250 square foot structure currently used as commercial office space. The project proposed is contingent upon two modifications requested, which are items #1 and 2 on the agenda for this Administrative Hearing. Please refer to the staff reports for Modification # 2 and for the Project Development Plan (PDP) for details of the other modification requested and the plan as a whole. MODIFICATION REQUEST — PERTINENT CODE SECTIONS This modification is requested in accordance with the review procedures set forth in Section 2.8.2(H) of the Land Use Code as follows: Section 2.8.2(H) of the LUC specifies that in order to approve a modification, the Hearing Officer must find that: (1) the granting is not detrimental to the public good, and that (2) the plan as submitted would satisfy one of the following: (a) the general purpose of the standard is satisfied equally well or better than a plan that satisfies the standard, or PROJECT: 210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia — Modification of Standards #1 - Type I (# 24-05A) APPLICANT: Alan Strope Urban Living Concepts, LLC 3201 E. Mulberry St., Suite B Fort Collins, CO 80524 OWNER: Urban Living Concepts, LLC 3201 E. Mulberry St., Suite B Fort Collins, CO 80524 PROJECT DESCRIPTION: The owner of the existing commercial building at 210-212 W. Magnolia has submitted an application to redevelop the site into mixed use lofts —(item #3 on the agenda for this Administrative Hearing). This is a separate stand alone request 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. The property is located on the north side of Magnolia just west of Mason St. It is in the D - Downtown District, Canyon Avenue Subdistrict. EXECUTIVE SUMMARY: The applicant requests this modification to be able to use lift parking, which is considered obstructed, to provide required residential parking spaces and to provide 30 spaces instead of 31. RECOMMENDATION: The staff recommends approval of the modification request 210 & 212 W. Magnolia St. — Urban Living Lofts at Magnolia — Modification of Standards #1 - Type I (# 24-05A).