HomeMy WebLinkAbout120 CHERRY ST., CHERRY ST. STATION - PDP - 9-05 - CORRESPONDENCE - BUILDING EXTERIOR<.
ADAM T. REEvEs
ATTORNEY AT LAW
3349 CRIPPLE CREEK TRAII,
BOULDER, CO 80305
(303)931-8980
April 28, 2005
Cameron Gloss, Director of Current Planning
Current Planning Department
281 N. College Ave.
Fort Collins, CO 80522-0580
RE: Cherry Street Station height interpretation.
Dear Cameron:
My client, Patrick Reeves, attended the public meeting for the proposed Cherry Street
Station project on April 18, 2004. Although I did not have the opportunity to attend that
meeting, I am informed that Mikal Torgerson (of the firm MTA, the developer and
architect for this project) represented that the 72 foot height proposed for the project was
authorized by the Land Use Code ("LUC") and would not require a modification of
standards to effectuate. As I understand it, Mr. Torgerson averred that the code
condones such a height because 25 foot stories are permitted in "commercial districts."
As you are aware, this is a serious misapprehension and, if perpetuated, would
dramatically increase the intensity and scale of development in Fort Collins beyond that
contemplated by the LUC.
The C-C-R (Community Commercial Poudre River) District, where the Cherry Street
Station project is proposed, limits maximum building height by number of stories like
many zoning districts in Fort Collins. LUC § 3.8.17 (A)(2)(b) states "No story of a
commercial or residential building shall have more than twenty-five (25) feet from
floor to floor." (Emphasis added.) As such the Code limits the maximum height of any
story. However, this does not imply a right to construct a story of 25 feet in every given
circumstance. The interpretations promulgated by Current Planning on this issue have
consistently advanced this position.
Recently, Current Planning has had occasion to consider the appropriate height for
residential stories in the City of Fort Collins and has concluded that "A maximum of
twelve (12) foot- eight (8) inches of vertical height shall be permitted for each residential
`story'." (See Administrative Interpretation #1-05.) While discussed in the context of the
NCM zone, the holding of this interpretation applies to residential construction generally,
and is not limited to residential zoned districts. By interpreting the general provisions
Page 2 April 28, 2005
regarding story height found in § 3.8.17 (A)(2)(b), Current Planning has administratively
determined the maximum height of all residential stories, irrespective of zone district.
Previously, Administrative Interpretation #4-02 made clear that the use of a height limit
in terms of "stories" was to "address the needs of industrial buildings that may have
substantially greater floor to ceiling heights than in other types of residential and non-
residential structures." (Emphasis added.) Read in context with LUC § 3.8.17
(A)(2)(b)'s prohibition on stories greater than 25 feet, it is evident that the 25 foot height
limitation exists to facilitate development of structures with unusually tall "stories"
where a need for such unusual configurations are required by the commercial or
industrial use of the structure. The flexibility provided by the LUC to accommodate a
variety of commercial and industrial structures does not imply a right to construct 25 foot
commercial, industrial, or residential stories unless there is a demonstrated need. Simply
put, 25 feet is a limitation, not an authorization.
Based on clear direction within the code and in two interpretations thereof, residential
stories constructed within a commercial (or any other) zone must not exceed 12 feet 8
inches. Furthermore, even commercial stories constructed within a commercial zone
must demonstrate a need before 25 foot stories may be constructed. We therefore urge
Current Planning to compel the applicant of the Cherry Street Station project to seek an
appropriate variance in accordance with LUC limitations on maximum building height.
Although we do not necessarily oppose the granting of a modification of standards for
this project for the planned height of 72 feet, we believe that allowing this project to
proceed without requiring the applicant to seek the necessary variance sets a dangerous
precedent for the City of Fort Collins. It is imperative that Current Planning uphold the
carefully conceived regulations contained in the LUC. Thank you for your attention to
this matter.
Sincerely,
Adam T. Reeves
Cc: Anne Aspen