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Home My WebLink About317 & 325 CHERRY ST., CHERRY STREET LOFTS - PDP - 29-03B - DECISION - FINDINGS, CONCLUSIONS & DECISION.v c9 li✓ 2/ l.,/ 0 5 L 1310 ci 1�e % 4 G "Aa Mr-1 a ii ,J �Lilitr� ��"b4� 1 �14 N • V��k-1`%�iT_�� to ,� r eY Jt •�v"e,r' ZO f T City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Cherry Street Lofts PDP — #29-0313 Date of Decision: October 31, 2004 Page 7 2. The PDP complies with the applicable Land Use and Development Standards of the Downtown District, as codified in Article 4 of the LUC. 3. With the previously approved requests for Modification of Standards to Section 3.2.2(K)(1)(a), the Project Development Plan complies with the applicable General Development Standards of Articles 3 of the LUC. 4. The PDP has complied with and followed the applicable procedures set forth in Division 2.2. DECISION The Cherry Street Lofts Project Development Plan - #29-036 is hereby unconditionally approved. DATED THIS 31s' DAY OF OCTOBER, 2004. Linda C. Michow, Hearing Officer City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Cherry Street Lofts PDP — #29-03B Date of Decision: October 31, 2004 Page 6 the area. He also complained that the alley was narrow and that traffic in the alley was already a detriment to the neighborhood. The height of the building, however, meets the criteria set forth in the Land Use Code and is consistent with the urban character of the Civic Center subdistrict. Moreover, the Hearing Officer finds that the Project's proximity to the transit center furthers the importance of this mixed use project. The traffic concern posed by Mr. Coria was contradicted by the photographs submitted by Ms. Aspen, the Case Planner, and her testimony; both of which indicated that the traffic and parking on Cherry Street is considerably light. In addition, another property owner in the immediate vicinity testified that while there is some traffic in the alley it is "controlled." Given that Mr. Coria does not reside in the area, the Hearing Officer finds Ms. Aspen's testimony and documentary evidence in the form of photographs to be more persuasive. Finally, the Hearing Officer must consider that the applicant previously received approval from the Planning and Zoning Board for two modification requests concerning the requirement for the provision of off-street parking. For these reasons, the Hearing Officer finds that the Project meets all of the applicable criteria set forth in Division 3.2 concerning site planning and design standards. 3. The PDP application has satisfied and followed the applicable procedural requirements of Article 2. The Hearing Officer finds that the Cherry Street Lofts PDP has complied with and followed the applicable procedures set forth in Division 2.2 in terms of notice and type 1 administrative public hearing. There was no contrary evidence presented at the public hearing. SUMMARY OF CONCLUSIONS The Hearing Officer's Findings and Conclusions are hereby summarized as follows: 1. The mixed use residential land uses proposed by the PDP are permitted in the Civic Center Subdistrict of the Downtown Zone, subject to this Type 1 administrative review. City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Cherry Street Lofts PDP — #29-03B Date of Decision: October 31, 2004 Page 5 3.5 Building Standards for Mixed -Use, Institutional and Commercial Buildings 1) Building and Project Compatibility: The architecture of this project is compatible with the existing buildings to the extent possible and sets an enhanced standard of quality for redevelopment in the area. The mixed - use building is articulated by variations in color and massing that are proportional to the massing and scale of nearby structures. 2) Building Color. The colors chosen for the project are within the realm of the colors of existing houses in the area. The colors unify the project. 3) Land Use Transition: This PDP has, to the maximum extent feasible, achieved compatibility with adjacent properties through compliance with the standards set forth in the Building Standards Division of the Land Use Code regarding scale, form, materials, and colors. Operational standards will be addressed in the Development Agreement during Final Compliance including limits on hours of operation of the commercial condos, lighting, placement of noise generating activities, etc. 4) Outdoor Storage Areas/Mechanical Equipment: This PDP proposes a unique trash enclosure. Because the site is small and there is no ideal place to locate a trash enclosure, the project will have a subterranean dumpster enclosure with a hydraulic lift, located more than 20 feet from the ROW in the driveway of the single family house. 5) Orientation to Build -to Lines for Streetfront Buildings: The building is approximately aligned with existing buildings. A plaza has been designed for the corner of Meldrum and Cherry. Patios are provided along the Cherry St. fagade of the mixed -use building with low walls and planting areas. All of these site amenities enhance the pedestrian interest, comfort and visual continuity of the site. One person who does not live in the area of the Project but owns several houses adjacent to the Project site testified in opposition to this Project. Mr. Coria claimed that the three-story height of the proposed building was not consistent with other buildings in City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Cherry Street Lofts PDP — #29-03B Date of Decision: October 31, 2004 Page 4 residential -type roof massing on a twenty-two foot bay module, which mirrors the neighboring homes. No contrary evidence was presented at the hearing; therefore, the Hearing Officer finds the Project in compliance with Section 4.12(E). 2. The PDP Complies with Article 3 of the Land Use Code — General Development Standards. The Hearing Officer finds that the Cherry Street Lofts PDP complies with the following applicable General Development Standards: Section 3.2.1 (Landscaping and Tree Protection); Section 3.2.2 (Access, Circulation and Parking); and Division 3.5 (Building Standards). The Staff Report explains in great detail how the Project complies with these General Development Standards and the Hearing Officer accepts and adopts Staffs findings. No contrary evidence was presented at the hearing. The following excerpt from the Staff Report illustrates the Project's compliance with these standards: Section 3.2.. Site Planning and Design Standards 3.2 Site Planning and Design Standards 1) Landscaping and Tree Protection: The PDP provides full tree stocking on the street frontages and landscaping throughout the project. 2) Landscape Buffering between Incompatible Uses and Activities: 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 residential buildings. 3) Site Amenities: This PDP includes parking facilities for bicyclists, enhanced amenities for pedestrians, and ramps and walkways for clear and direct access to all entrances and garages. City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Cherry Street Lofts PDP — #29-03B Date of Decision: October 31, 2004 Page 3 According to the table in Section 4.12(B)(2), the proposed mixed use project and single family detached affordable housing unit are permitted uses subject to Type 1 administrative review. Accordingly, the Hearing Officer finds that, subject to administrative review, the proposed uses of the PDP are permitted within the Civic Center subdistrict of the Downtown Zone District. The Hearing Officer further finds that the PDP meets the applicable Land Use and Development Standards set forth in Division 4.12 of the LUC, including the following specific provisions: 1. Section 4.12(D)(1) Land Use — Dimensional- Standards This Section sets forth the dimensional standards for the Downtown District. The staff report and evidence presented at the hearing indicates that the PDP meets all of the applicable dimensional standards including the following: (1) a minimum lot width of 40 feet; (2) maximum building coverage standard of 75%; (3) total building coverage of the three proposed building footprints is 7538.5 square feet, or 68% of the property; (4) the Maximum FAR standard of 5; and (5) the front yard setback as set forth in 4.12(E)(1)(a). In addition, the PDP meets the building height restriction in that the maximum height of the Project is 38'9" in the mixed - use building, which is less than the 168' maximum and less than the four - stories or fifty-six (56) feet that would require a Planning and Zoning Board review. There was no evidence presented at the hearing to refute this evidence; therefore, the Hearing Officer finds the Project in compliance with dimensional standards set forth in Section 4.12 of the LUC. 2. Section 4.12 (E) Development Standards The staff report states that the PDP is in compliance with the development standards set forth in Section 4.12 (E), and in particular standards relating to facades, materials, colors and lighting fixtures. In addition, the Staff Report indicates that the mixed use building, although different in type and scale from surrounding buildings, incorporates City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Cherry Street Lofts PDP — #29-03B Date of Decision: October 31, 2004 Page 2 NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the October 18, 2004 Type 1 administrative hearing was properly posted, legal notice mailed and notice published. RECORD OF HEARING: The Hearing Officer accepted into the record the following evidence: (1) Planning Department Staff Report; (2) Application, maps, plans and other supporting documents submitted by the applicant and the applicant's representatives; (3) sign -in sheet for public testimony; and (4) an audio tape of the administrative hearing. The City of Fort Collins Land Use Code ("LUC"), and the formally promulgated policies of the City are made part of the evidence and record considered by the Hearing Officer. FINDINGS OF FACT Based on the evidence presented at the hearing, the Hearing Officer finds that the Cherry Street Lofts PDP meets the applicable criteria and requirements of the LUC as discussed hereinbelow. In general, the Hearing Officer accepts the findings by City staff contained in the Staff Report as no contradictory evidence was presented at the hearing. More specifically, the PDP meets the specific requirements of the LUC as summarized below: 1. The PDP Complies with Division 4.12 of the Land Use Code — Downtown Zoning District — Civic Center Subdistrict. Section 4.12(A) of the LUC states the following purpose of the LMN District: The Downtown District is intended to provide a concentration of retail, civic, office and cultural uses in addition to complementary uses such as hotels, entertainment and housing. It is divided into three (3) subdistricts... The development standards for the Downtown District are intended to encourage a mix of activity in the area while providing for quality development that maintains a sense of history, human scale and pedestrian -oriented character. City of fort Collins Commi ty Planning and Environmental :rvices Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: October 18, 2004 PROJECT: Cherry Street Lofts Project Development Plan - No. 29-03B APPLICANT: M. Torgerson Architects, P.C. c/o Troy Jones 223 North College Avenue Fort Collins, Colorado 80524 OWNER: Gregory Glebe Xylem Design, Inc. 325 Cherry Street Fort Collins, CO 80521 HEARING OFFICER: SUMMARY OF DECISION: Linda Michow, Esq. Widner & Michow LLP 4600 S. Ulster Street, Ste. 700 Denver, Colorado 80237 Approval PROJECT DESCRIPTION AND PROCEDURE This is a request to redevelop a .25 acre parcel at 325 Cherry Street from an existing light industrial building to a 7,276 square foot mixed -use project and to rehabilitate the existing single family house on the neighboring lot at 317 Cherry Street into a single family detached affordable unit. The building located on 325 Cherry Street is currently used for design, manufacture and warehouse by an artistic easel design company and is deemed a legal, non -conforming use because of its "light industrial' uses. ZONE DISTRICT: The property is zoned D — Downtown District, Civic Center Subdistrict. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 9:55 p.m. on October 18, 2004 in the City Council Chambers of the City of Fort Collins located at 300 LaPorte Avenue, Fort Collins, Colorado. 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020