HomeMy WebLinkAboutSCOTT PLAZA - PDP - PDP130032 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSSchedule B
General Terms and Conditions
1. Obligations of the Parties; Relationship of the
Parties. Subject to the terms and conditions of this Agreement,
each parry will perform the obligations set forth in Schedule A.
The relationship of the parties to this Agreement is solely that of
independent contractors. Neither party will have any authority to
contract With third parties on behalf of the other party or to
expressly or impliedly represent that it has any such authority, to
any person.
2. Term; Termination. Term of Agreement. The initial
tens of this Agreement will commerice on the Effective Date and,
unless terminated earlier in accordance herewith, Will continue for
a period of one (1) year. This Agreement will automatically
renew for successive one (1) year periods unless either party gives
the other written notice of termination at least thirty (30)days prior
to the end of the then current term. If either party breaches this
Agreement and fails to cure such breach within thirty (30) days
after receipt of notice of that breach from the other party then the
other party, then the other parry may terminate this Agreement
effective as of the end of such thirty (30) day period. Either party
may terminate this Agreement immediately if the other party (i)
ceases to do business in the ordinary course or (n) commits an act
of bankruptcy (such as a giving general assignment for the benefit
of creditors) or files a bankruptcy petition which is not vacated
within thirty (30) days of filing. No termination for cause Will be
deemed a waiver of any claim for damages by the terminating
party. Sections 5, 7, and 8 of this Agreement shall survive any
termination or expiration of this Agreement
3. Representations and Warranties. Each party
represents and warrants to the other that (i) it has the authority to
enter into this Agreement and is not under any obligation to any
third party that would conflict with this Agreement and (ii) it will
comply with all applicable federal, state and local laws. Zipcar
agrees to maintain the following insurance: (a) Commercial
General Liability in the amount of $1,000,000 each occurrence and
$2,000,000 aggregate; and (b) Commercial Excess Insurance in an
amount of $1,000,000 each occurrence and annual aggregate; and
Zicpar agrees to name Company as an additional insured on
Zipcar's Commercial General Liability Policy. Company
represents, warrants and covenants that (i) there is no other tenant
or occupant that has or Will have any right to use or occupy the
parking spaces assigned to Zipear on a permanent basis hereunder,
once said spaces are mutually agreed to; provided, however, that if
the vehicles are valet parked, this warranty shall be deemed to have
been met provided Company has at least the agreed upon number
of spaces available for Zipcar vehicles; (ii) it shall deliver the
parking spaces in broom clean condition maintain the parking
spaces in good condition; and (iii) it shall keep and maintain the
portion of the facilities in which the parking spaces are located in
good condition and repair and remove all snow, ice and other
debris therefrom.
4. Publicity. Neither parry will use the other party's
name, logos, trademarks or service marks in any manner Without
the other parry's prior written approval. Company hereby gives
Zipcar the right to use Company's name, logos, trademarks and
service marks to notify members of the availability of Zipcar
vehicles atCompany's facilities.
5. DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY. ZIPCAR MAKES No WARRANTms wr H REsPECTTO
THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT AND
HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, T1TI1; AND NON -
INFRINGEMENT. EXCEPT FOR THEIR RFPSEC IVE
INDEMNIFICATION OBLIGATIONS, N EITHER PARTY WILL BE LIABLE
TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
Confidential — Zipicar, Inc.
Page 3
CONSEQUENTIAL DAMAGES, INCLUDING LAST PROFITS, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS. EXCEPT FOR THEIR RESPECTIVE INDEMNIFICATION
OBLIGATIONS, NEITHER PARTY's LIABILITY HEREUNDER WILL
EXCEED $5,000. EACH PARTY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION REPRESENT A REASONABLE
ALLOCATION OF RISK THAT IS REFLECTED IN THE FEES PAYABLE BY
ZIPCAR HEREUNDER. THE FOREGOING LIMITATION OF LIABILITY IS
NOT INTENDED TO LIMIT EITHER PARTY's LIABILITY FOR GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT.
7. Indemnification. Each party (the "Indemnifying
Party') shall defend, indemnify and hold harmless the other parry
(the "Indemnified Party') its successors, subsidiaries, affiliates,
employees, officers, trustees, agents and assigns from and against
any and all third party claims brought against the Indemnified
Party by any person or entity (i) for personal injury or property
damage and (ii) arising out of the Indemnifying Party's negligence
or willful misconduct. The Indemnifying Party will pay all
damages agreed to in settlement or awarded by a court of
competentjurisdiction; provided, however, that no settlement shall
be effective without consent of the Indemnified Party. This
indemnification obligation shall be effective only if the
Indemnified Party has given prompt written notice of the claim to
the Indemnifying Party, permitted the Indemnifying Party an
opportunity to defend, and reasonably cooperated in the defense of
the claim at the Indemnifying Party's expense.
8. Miscellaneous. This Agreement is the entire
agreement between the parties with resepct to the subject matter
hereof and supersedes all other prior and contempoaneous
agreements and understandings, oral and written, between the
parties with respect to the subject matter hereof Additional or
different terms in any purchase order or similar document will not
modify or add to the terms of this Agreement. This Agreement
may be amended only by a written agreement between the parties.
If one party fails to enforce any provision of this Agreement, such
patty will not be precluded from enforcing the same provision at
another time. This Agreement and the rights granted under it may
not be assigned or transferred by either party Without the written
consent of the other party; provided, however, either party will
have the right to assign this Agreement to its successor in the event
of a merger, acquisition or other consolidation, including without
limitation the sale of all or substantially all of its assets or stock or
business to which this Agreement relates. in the event that airy
provision of this Agreement is held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provision will be
deemed modified to the minimum extent necessary to render the
provision enforceable in a manner that most closely represents the
original intent of the parties and the remaining terns and
conditions of this Agreement will remain in full force and effect.
This Agreement shall be governed by and construed in accordance
with law of the Commonwealth of Massachusetts without regard to
conflicts of laws provisions thereof. The parties agree that the sole
jurisdiction and venue for actions related to the subject matter
hereof shall be the state and federal courts located in Boston,
Suffolk County, Massachusetts, and consent to the exclusive
jurisdiction of such courts. In the event of any adjudication of any
dispute under this Agreement, the prevailing patty in such action
will be entitled to reimbursement of its attorneys' fees and related
costs by the other parry. Neither parry Will be responsible for
delays or failures in performance resulting from acts beyond its
control. Such acts include but are not be limited to acts of God,
labor conflicts, acts of war or civil disruption, governmental
regulations imposed after the fact, public utility out failures,
industry wide shortages of labor or material, or natural disasters.
67
lie
Schedule A
Parking Terms and Conditions
1. Number of Parking Spaces. Company will make available to Zipcar, at no charge, the following number of
parking spaces at Company's parking facility indicated below.
Two (2) with option of 3`d if
needed
ScottPlaza.
80521
Final Address TBD Currently known as 1205 Plum St Fort Collins, CO
2. Parking Space Availability and Use. The location of the parking spaces assigned to Zipcar shall be mutually
agreed by the parties. The parking spaces made available to Zipcar will be used by Zipcar for the purpose of providing car
sharing services to Zipcar members, and Zipcar and its members shall have right to use the parking spaces, including without
limitation the right to park, operate, clean, and otherwise use the Zipcar vehicles. Company shall provide Zipcar, its
members, and its third party personnel with 24x7x365 unrestricted access to the parking spaces and shall otherwise provide
the same amenities and services it affords to other parking tenants. Zipcar shall have the right to decrease the number of
parking spaces at any time and for any reason, including without limitation for seasonal fleet management purposes, without
penalty by providing thirty (30) days prior notice to Company.
3. Signage. Zipcar shall have the right to place Zipcar signage advertising the Zipcar services in such locations at the
Company's parking facilities as Zipcar and Company may mutually agree from time to time. At a minimum, Company
agrees that Zipcar may (i) install a drop box at the entrance to each facility, in high traffic areas, and at each parking space,
and (ii)mark off reserved parking spaces assigned to Zipcar by displaying one 12" by 18" "Tow Zone" sign, and one 2'by
2' "Zipcars Live Here" sign at each space.
4. Sole Car Sharing Service. Company agrees that Zipcar shall be the only car sharing service with vehicles parked
at the Company's parking facilities.
Confidential — Zipcar, Inc.
Page 2
PARKING AGREEMENT
Effective Date: November 21, 20
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This Agreement consists of this signature page and the following schedules, which are incorporated by reference and made a
part of this Agreement:
Schedule A: Parking Terms and Conditions
Schedule B: General Terms and Conditions
Notices: All notices, requests and demands, and other communications required or permitted under this Agreement will be in
writing and sent to the addresses set forth below. A notice will be deemed effective: (a) upon delivery, if delivered
personally to a party; (b) 1 business day after deposit, if delivered to a nationally recognized courier service offering
guaranteed overnight delivery; or (c) 3 business days after having been deposited in the United States mail, certified mail,
postage prepaid, return receipt requested.
This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original and which
together will constitute one and the same instrument. The signature of any of the parties may be evidenced by a facsimile
copy of this Agreement bearing such signature and such signature will be valid and binding as if an original executed copy of
the Agreement has been delivered.
A duly authorized representative of each party has executed this Agreement as of the Effective Date.
Zipcar, Inc. ("Zipcar") TF Real Estate OVortuni und, LLC ("Company")
By: By:
Name: ./� �, �i,,,n� Name: _Jake Ta 1 r
Title: 4f ;x��c t
Address:
REV IEWEY ,
Zipcar Legal Des,.
Confidential — Zipcar, Inc.
Page 1
Title: Manager
Address: 7825 East Gelding Dr #102 Scottsdale, AZ 85260
65
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10. Question: (Citizen) I am a member of Zipcar and find it to be a great service.
11.Question: (Citizen) On what level is the deck?
Response: (Applicant) It is on the fourth floor.
12.Comment: (Citizen) Are there ways to cut through to Elizabeth, especially with
the new project (The District, with approximately 700 bedrooms) across the street
to the north on Plum?
Response: (City) It would be ideal for there to be a road to connect Plum to
Elizabeth, but the property to the south would need to redevelop for this to
happen. People currently angle to the southwest out of this area to get to
Elizabeth.
13. Comment: (Citizen) Will the units be for rent or for purchase?
Response: (Applicant) These will be rental units.
14.Question: (Citizen) Will there be a manager on site?
Response: (Applicant) Yes
15.Comment: (Citizen) Could you describe the security lighting?
Response: (Applicant) We plan overhead strings of lights over the present Scott
Avenue, and security lighting in the garage. The City's requirements prohibit
lighting to spill out from the property.
16.Comment: (Citizen) Will pets be allowed? I am concerned about people walking
dogs and not cleaning up.
Response: (Applicant) No.
3
Response: (Applicant) Yes, we might consider raising the sidewalk along Plum
to slow traffic entering the Scott Avenue spine.
4. Comment: (City) Please describe the woonerf concept.
Response: (Applicant) This is a Dutch concept where pedestrians, bikes and
cars share streets, similar to some of the upgraded alleys in Old Town Fort
Collins. A high priority is placed on bike and pedestrian traffic. This is the vision
we have for the Scott Avenue spine.
5. Comment: (Citizen) How long will Plum Street be closed during construction?
Response: (Applicant) Plum Street will not be closed due to the construction.
The City plans to upgrade sanitary sewer in Plum Street, but that will be
scheduled separately by the City.
6. Question: (Citizen) What does the City feel about hot tubs on the property's
roof?
Response: (City) We will have to discuss this during the review process.
7. Question: (Citizen) What parking will be provided?
Response: (Applicant) The project is in the Transit Oriented Development (TOD)
Overlay Zone, which means that no parking is required. We are going to offer
parking, though, because it would be unrealistic not to. We will be providing
about .5 parking spaces per bedroom. We are also investigating becoming a
Zipcar host site. Zipcar is a car -sharing business that could reduce the need for
personal cars.
Response: (City) Although there is no specified minimum parking level in the
TOD, the expectation is that adequate parking be provided. Currently about the
ratio of parking spaces to bedrooms in TOD projects is about 58%. A minimum
will be established in the near future; this is currently under review by City
Council.
8. Question: (Citizen) How many beds will the project have?
Response: (Applicant) 196
9. Comment: (Citizen) What will happen to Scott Avenue? (
Response: (Applicant) .A city planning document calls for a through street or
pedestrian spine in this location to connect Plum and Elizabeth. We are asking to
keep the intent of this by requesting to vacate the Scott Avenue right of way and
to create a pedestrian spine along the west side of the property.
2
63
NEIGHBORHOOD INFORMATION MEETING
PROJECT: 1201 West Plum Street
DATE: August 22, 2013
LOCATION: Blessed John XXIII Church, 1220 University Avenue
APPLICANT: Stephanie Sigler of Ripley Design
CITY PLANNER: Seth Lorson
Seth Lorson opened the meeting by introducing himself and Sarah Burnett,
Neighborhood Development Review Liaison, and by providing a brief explanation of the
City development review process as well as an overview of the neighborhood meeting
agenda.
Stephanie Sigler, Landscape Architect with Ripley Design, presented the proposed
project concept site plan. The design calls for a four-story student -oriented apartment
building. The current Scott Street is proposed to become a pedestrian spine with
decorative pavers along the west side of the property, with a turn to the west to channel
foot traffic out the southwest corner of the property. (The Campus West Community
Commercial District Planning Study Report for the area calls for a street or pedestrian
spine to connect Plum to Elizabeth.) A deck on the fourth floor would provide
recreational space, with options such as hot tubs, bar/grill, sunbathing, big screens for
movies, and table tennis as possible options.
Seth Lorson then opened the meeting for questions.
QUESTIONS, CONCERNS, COMMENTS AND RESPONSES:
1. Question: (Citizen) What are the density rules about how many can be housed
on this site?
Response: (City) There are no minimum or maximum density requirements.
2. Question: (Citizen) Does the Scott Avenue spine have parking on it?
Response: (Applicant) Yes, it would be a driveway to parking, but the bumpy
pavers should help slow traffic. It is intended to be for pedestrians first, and cars
second. There will be a nine -foot landscape buffer to the east. The current right
of way for the street is 25 feet, and there will be an additional several feet before
the building starts to the west.
3. Question: (Citizen) Have you thought about a raised walk?
62
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Scott Plaza PDP #130032
Planning and Zoning Board Hearing January 9. 2014
Page 11
FINDINGS OF FACT AND CONCLUSION:
In evaluating the request for Scott Plaza PDP #130032, staff makes the following finding
of fact and conclusions:
A. The PDP contains permitted uses and complies with the applicable land
development standards of the Community Commercial District in Article 4,
Division 4.18 of the Land Use Code.
B. The PDP complies with the applicable General Development Standards of
Article 3 of the Land Use Code.
C. The PDP complies with the applicable procedural and administrative
requirements of Article 2 of the Land Use Code.
D. The vacation of Scott Avenue right-of-way is part of an acceptable and
appropriate solution which will be supported by staff in a separate
procedure for City Council hearing if Scott Plaza is approved.
RECOMMENDATION:
V
J :
Staff recommends approval of Scott Plaza PDP #130032 with a condition that
subsequent vacation of the Scott Avenue right-of-way islapproved by City Council.
ATTACHMENTS:
1 —Vicinity Map Lp
2 — Site Plan
3 — Landscape Plan
4 — Site and Architectural Renderings
5 — Shading and Visual Analysis
6 — Pedestrian Connectioni Concept Renderings
7 — Plat
8 — Photometric Plan
9 — Neighborhood Meeting Notes
10 — Zipcar Agreement
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Scott Plaza PDP #130032
Planning and Zoning Board Hearing January 9, 2014
Page 10
eight -foot wide bike lanes but no on -street parking). A new detached sidewalk is being
added where none currently exists.
Even though there is a significant expectation of bike, walking, and transit trips to be
made by the residents, no deductions were allowed in the TIS for these alternative
modes.
6. Compliance with Article Three — Parking Structure in T.O.D.
Section 4.18(F) requires that projects located within the Transit -Oriented Development
Overlay Zone comply with the requirements of Supplemental Regulation 3.10. Because
Campus West is north of Prospect Road, the only applicable standard is the design of
parking structure per Section 3.10.4. The parking structure contains ground floor
parking only, with dwelling units above.
This standard is intended to address access to a parking structure from public right-of-
way.
Ground Level Treatment. This standard requires that where parking structures face
streets, retail and other uses shall be required along at least 50% of the ground level
frontage. The project complies with retail commercial and office uses.
Architectural Elements. This standard requires that architectural elements shall be
incorporated to encourage pedestrian activity at the street -facing level. The project
complies with ground floor design elements and materials as noted previously.
Design of Auto Entrances. This standard requires that the auto entrance from the
public right-of-way, be designed so that pedestrian and bicycle safety is not jeopardized
by conflicts with vehicles entering and exiting structure. The project complies by
recessing the garage exit and entry to allow space for visibility by both pedestrians and
drivers.
NEIGHBORHOOD MEETING:
The neighborhood informational meeting was held on August 22, 2013 at the Blessed
John XXIII Church. The meeting was attended by nine community members. The
attendees were generally curious about the development proposal and nobody
expressed opposition. Please see neighborhood meeting notes attached.
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Scott Plaza PDP #130032
Planning and Zoning Board Hearing January 9, 2014
Page 9
4) Neighborhood Scale. This subsection requires buildings over 40 feet in height to be
found compatible with the scale of the neighborhoods in which they are situated in
terms of relative height, height to mass, length to mass, and building or structure scale
to human scale.
This Campus West neighborhood contains development with a variety of scales from
older one-story houses to five -story buildings directly across West Plum Street. The
proposed project is consistent with the scale of building envisioned under the CC
zoning, and with the scale of the recent District project across the street, currently under
construction.
Section 3.5.1(H) Land Use Transition:
This standard requires that when land uses with significantly different visual character
are proposed abutting each other and where gradual transitions are not possible or not
in the best interest of the community, the development plan shall, to the maximum
extent feasible, achieve compatibility through the provision of buffer yards and passive
open space in order to enhance the separation between uses.
The proposed multi -family residential use abuts multi -family residential close to the west
property line (Campus West Condominiums) but has significantly different visual
character.
The standard states that compatibility can be achieved by consideration of scale, form,
materials, color, buffer yard and operational standards. Building articulation and color
variation mitigate the scale of the proposed building. With regard to a buffer yard, the
west perimeter will provide a row of trees as noted. With regard to operational
characteristics, there is no spillover lighting or vehicular activity on the west side of the
project.
Section 3.6.3 — Street Pattern and Connectivity Standards:
Staff finds that the proposed multi -functional access connection is an acceptable
equivalent to street connectivity in this unique situation because a new street per se has
been found infeasible due to existing development and grade changes on multiple
properties adjoining this project.
Section 3.6.4 — Transportation Level of Service:
A Traffic Engineering Study was submitted and accepted by the City's Traffic
Operations Department. Staff finds that the project adequately provides vehicular,
pedestrian and bicycle facilities necessary to maintain the City's adopted standards
Levels of Service. Plum Street is classified as major collector (meaning there are two
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Scott Plaza PDP #130032
Planning and Zoning Board Hearing January 9, 2014
Page 8
Section 3.5.1(G)(1)(a) — Building and Project Compatibility, Building Height Review:
This Section requires consideration of the effects of buildings taller than 40 feet on the
following considerations:
1) important views of the foothills and mountains from public streets and public spaces,
2) light and shadow,
3) privacy,
4) neighborhood scale.
1) Views. Staff finds no significant views along West Plum Street due to buildings and
trees in existing development, which already constrains views. The applicant has
provided visual analysis information (Attachment 5).
2) Light and Shadow. This standard duplicates Section 3.2.3 Solar Access,
Orientation, Shading. Section 3.2.3 specifically exempts buildings in the C-C zone that
exceed 40 feet in height from having to comply with shading standards. This subsection
3.5.1(G)(1)(a)2. states that "adverse impacts to adjacent public and private property
include, but are not limited to, the casting of shadows on adjacent property sufficient to
preclude the functional use of solar energy technology, creating glare such as reflecting
sunlight or artificial lighting at night, contributing to the accumulation of snow and ice
during the winter on adjacent property, and the shading of window or gardens for more
than three months of the year."
The applicant has provided a shadow analysis (Attachment 5). It indicates that there is
morning shading of the adjacent Campus West Condominiums in spring, fall, and
winter. However the adjacent property has full southern exposure and will receive
sunshine starting from mid -morning throughout the day.
The 5-story building will cast shadows onto West Plum Street.
Staff finds that even if subsection 3.5.1 (G)(1 )(a)2. was not exempted by 3.2.3(D), that
shadows cast would not have a substantial adverse impact on the distribution of natural
and artificial light on adjacent public and private property for more than three months,
considering the CC zoning context and the project compliance with building articulation
and setback standards.
3) Privacy. Privacy is addressed previously in this report under Section 3.5.1. This
subsection is redundant with that previous Section.
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Scott Plaza PDP #130032
Planning and Zoning Board Hearing January 9. 2014
Page 7
while providing a low, uniform level of lighting for safety at approximately 3 foot-candles
or less across the site.
Section 3.5.1 — Building and Proiect Compatibility:
Standards in this Section require compatibility with the context of the surrounding area
in terms of building size, massing proportions, design character and building materials.
Where the established character of the relevant area is not definitively established, or is
not consistent with the purposes of the Land Use Code, projects must set an enhanced
standard appropriate for the area.
Context. As documented in the 2001 Campus West Area Study, there is no
predominant architectural character in the area. The CC zone envisions long term
redevelopment with mixed -use multi -story buildings emphasizing pedestrian interest to
establish an enhanced standard of quality.
This recent District at Campus West project set an enhanced standard with a high level
of articulation and mix of quality architectural materials, and this project is similar in
quality.
Building Scale, Massing, Materials, Details. The ground floor of the building along
Plum Street is defined by brick, storefront windows, an arcade, and metal canopies over
entrances. This one-story component brings the height and mass down to pedestrian
scale. The remainder of the building includes significant modulation and detail features
to create visual interest and mitigate the mass of the large building.
Privacy on Adjacent Properties. A standard in this Section requires that the project
minimize infringement on the privacy of adjoining uses. Staff finds that the one potential
issue is along the west side of the project where the 5-story building overlooks an
existing 2-1/2 story condominium building on the adjoining property. This area consists
of the rear walls of both properties. Strips of perimeter landscape area are provided on
both properties, and these areas have no outdoor use. The proposed project provides
building wall articulation and a continuous row of trees to provide a layer of general
buffering and mitigate looming effects.
Staff finds the mitigation of the compatibility of the proposed project to be adequate and
appropriate in the context of the CC zone district.
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Scott Plaza PDP #130032
Planning and Zoning Board Hearing January 9, 2014
Page 6
2) Scott Avenue. The project provides a highly developed urban multi -functional
access drive and pedestrian/bicycle connection extending from Plum Street to the south
property line, to be extended south to Elizabeth Street by any future redevelopment on
property to the south. This connection occupies the existing 25' wide Scott Avenue
right-of-way plus an additional 5' of width. It requires vacation of the existing Scott
Avenue right-of-way because of the many special features associated with the project
that are not currently permitted in City street right-of-way (e.g., permeable pavers,
landscaping, benches, underground detention — features which create the multi -
functionality in a narrow space).
Section 3.2.2(C)(4) — Bicycle Parking Space Requirements:
This standard requires at least one bicycle parking space per bedroom (194
spaces). 60% must be enclosed (116 spaces) and 40% must be outdoors (77 spaces).
The proposed project provided these required spaces. Enclosed spaces include 30
spaces in the southwest corner of the garage structure and a minimum of 86 closets in
interior hallways suitable for hanging bikes. 78 outdoor spaces are provided in four
different locations.
Section 3.2.2(K)(1) — Parking Space Requirements:
The site is located within the Transit -Oriented Development Overlay District in which
there were no minimum parking requirements at the time this project was submitted.
The project, however, provides 95 parking spaces plus 4 motorcycle/scooter spaces.
If the project were not located in the TOD District, 147 parking spaces would be
required. A new parking requirement for the TOD District went into effect in September
2013, after this project was submitted, so the new requirement does not apply. But for
perspective, that new standard would require 103 parking spaces, or an equivalent of
alternatives, if this project had been submitted after September 13. This project does
provide an alternative in the form of two Zipcars available to tenants in this project.
Attachment 10 is the Zipcar Agreement with the project owners. According to
Zipcar.com, a zipcar removes multiple personal vehicles from the streets — Zipcar
claims the number as fifteen equivalent personal vehicles.
Section 3.2.4 — Site Lighting:
All lighting is down -directional with sharp glare cutoff fixtures. No foot-candles exceed
one -tenth as measured 20 feet from property lines as required under this standard.
Likewise maximum on -site lighting levels are well below the limit of 10 foot-candles
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Scott Plaza PDP #130032
Planning and Zoning Board Hearing January 9, 2014
Page 5
Section 4.18(E)(1)(a) — Building Orientation:
This standard requires businesses to orient entrances to street sidewalks or other
pedestrian areas, as opposed to internal parking lots. The proposed project meets the
standard with a retail commercial entrance at the corner of Plum Street and the entry
drive, and an entrance to the building office and elevator lobby facing Plum Street.
Section 4.18(E)(1)(c) - Integration of the Transit Stop:
Plum Street is served by Route 11, Transfort's highest performing route. Bus stops
exist in the vicinity of this project; an east -bound stop is located in front of Cambridge
House Apartments and a west -bound stop is currently under construction as part of the
District Development on the north side of Plum Street.
Section 4.18(E)(2)(d) — Building Height:
This standard requires that all buildings be at least 20 feet in height and no more than
five stones; the proposed five -story building complies.
5. Compliance with Article Three — General Development Standards:
Staff finds that the project complies with all applicable General Development Standards,
with the following comments.
Section 3.2.1 — Landscaping and Tree Protection:
Standards in this section require a fully developed landscape plan that addresses
relationships of landscaping to the street, the building, abutting properties, and users on
site. The project provides street trees, full tree stocking, and functional landscaping. A
continuous row of trees is provided along the west property line as buffering of the new
large building for the condo building to the west, which has no perimeter landscaping of
its own. Vehicular use area perimeter landscaping is provided along the east edge of
the property, in conjunction with a decorative metal fence, to screen, buffer, and define
the main multi -use access connection.
Section 3.2.2 — Access. Circulation and Parking:
Standards in this section require safe, convenient, efficient, parking and circulation
improvements that add to the attractiveness of the development. The two main issues
are 1) the Plum Street sidewalk and streetscape, and 2) the disposition of Scott Avenue.
1) Plum Street. The project provides a dramatically improved new streetscape along
Plum Street where no sidewalk currently exists. The streetscape includes a new
detached sidewalk meeting City standards. This sidewalk has an interface with special
paving associated with the project as well as providing a key functional connection.
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Scott Plaza PDP #130032
Planning and Zoning Board Hearing January 9, 2014
Page 4
3. Surrounding Zoning and Land Uses.
Surrounding zoning and land uses are as follows:
Direction
Zone District
Existing Land Uses
3 and 5-story student oriented multi -
North
C-C, Community Commercial
family
(The District) under construction
South
C-C, Community Commercial
Multi tenant commercial building
(Panhandler's Pizza)
East
C-C, Community Commercial
3 story student oriented multi -family
(Cambridge House Apartments)
West
C-C, Community Commercial
3 story student oriented multi -family
(Campus West Condominiums)
4. Compliance with Division 4.18, Applicable C-C Zone District Standards.
Staff finds that the Scott Plaza PDP complies with the applicable standards in Division
4.18, Community Commercial District, as explained below.
Section 4.18 (A) Purpose:
The purpose of the Community Commercial District is as follows:
"The Community Commercial District provides a combination of retail, offices, services,
cultural facilities, civic uses and higher density housing. Multi -story buildings are
encouraged to provide a mix of residential and nonresidential uses. Offices and
dwellings are encouraged to locate above ground -floor retail and services."
The proposed project is consistent with the stated purpose of the zone district as the
project proposes to provide a mix of uses with higher -density residential in a multi -story
building with ground -floor retail and an office.
Section 4.18(13)(2)(a) - Permitted Use:
The proposed use, Mixed -use dwellings, is permitted in this zone district in conjunction
with Any residential use consisting in whole or in part of multi -family dwellings that
contain more than 50 dwelling units, or more than 75 bedrooms.
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Scott Plaza PDP #130032
Planning and Zoning Board Hearing January 9, 2014
Page 3
the existing pattern of existing development, but it reflected a vision for long term
redevelopment. A 2001 Campus West Community Commercial District Study explored
the discrepancies of CC zoning vis-a-vis the realities of constraints on the ground, and
the Scott Plaza property emerged as a key topic of the study because of the opportunity
presented by Scott Avenue for a key north -south connection.
A similar project called The Retreat at 1200 Plum was previously approved for the site
in 2009. The existing buildings were not determined to be historically significant during
the
development review process for the Retreat in 2009, and that finding was confirmed for
this proposed project. One of the buildings is currently vacant and boarded up.
2. Scott Avenue.
Scott Avenue is a 25-foot wide fragment of unpaved street right of way extending from
West Plum Street southward along the east edge of the site, terminating at the south
property line. it is a result of ad hoc subdivision practices in the 1950's. This bit of right
of way offers the best opportunity in the area for a needed future north -south connection
between Plum street housing and Elizabeth Street commercial destinations.
The project proposes to vacate this right of way but still provide a public access
easement with a multi -functional connection for vehicle access that is also designed for
joint pedestrian and bicycle use with bike racks, benches, and special paving using
permeable pavers.
This access connection in lieu of street right-of-way would resolve the long standing
question of how to make progress toward a needed future connection using this
segment of Scott Avenue, which is currently unpaved and too narrow for development
of any standard City street. The Scott Plaza access connection can be continued to
abutting property to the south in the event of future improvements or redevelopment on
such property.
The access easement facilitates development of the project, and is an acceptable
solution for the Scott Avenue opportunity based on extensive past examination of the
situation in development inquiries and the 2001 Campus West study.
The vacation of the right-of-way will be considered by City Council if the Scott Plaza
project is approved.
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Scott Plaza POP #130032
Planning and Zoning Board Hearing January 9, 2014
Page 2
EXECUTIVE SUMMARY:
This project represents significant redevelopment of single -story rental properties that
have become outdated and deteriorated and do not have historical significance.
The proposed land use, a Mixed -use dwelling of 5 stories, is permitted in the CC zone
district. The project is consistent with development standards in the TOD Overlay
District, which exempts the project from minimum parking requirements. The building
design includes significant articulation and street -facing entrances to a commercial
space, office, and elevator lobby. As a multifamily residential development with more
than 50 units or 75 bedrooms, this project requires review by the Planning and Zoning
Board.
The project includes vacation of a fragment of public street right-of-way (Scott Avenue)
while still maintaining a public access easement with special paving and landscaping, to
be shared by vehicles, pedestrians and bicycles. This access provides for a needed
connection that can be extended in the future by redevelopment on abutting property.
The vacation of public street right-of-way is a separate procedure subject to approval by
City Council. The staff recommendation of approval for this project includes a
recommended condition that the vacation of public right-of-way be approved by City
Council.
C•Z�luL'd�ii�'�1
1. Background and Context of the Area.
This stretch of West Plum Street adjacent to CSU is considered part of the area known
as Campus West. Campus West is centered around the commercial stretch of West
Elizabeth Street immediately west of the CSU Campus and is the focal activity center
for the square -mile section with the highest residential density in the city.
Its proximity to CSU offers access to and from campus by walking, bicycling, and transit.
Plum Street is a convenient east -west travel corridor connecting a large body of
student -oriented housing to CSU. Its signalized intersection with Shields Street (arterial
street) allows for safe crossing for bicyclists and pedestrians into the campus.
C-C zoning was placed on the Campus West area in 1997 as part of City Plan. This
zoning reflects a vision for "downtown -like" pedestrian districts with a connected pattern
of streets and blocks and development oriented primarily to sidewalks as opposed to
parking lots. This zoning was done with the understanding that it was incongruous with
31
4
City of
F6rt Collins
PROJECT: Scott Plaza PDP #130032
APPLICANT: Stephanie Sigler
Ripley Design Inc
401 W. Mountain Avenue
Fort Collins, CO 80521
ITEM NO
HEARING DATE January 9, 2013 ,-
STAFF Mapes
PLANNING AND ZONING BOARD
OWNER: Taylor Fitzpatrick Capital, LLC
7825 E. Gelding Dr. Suite 102
Scottsdale, AZ 85260
PROJECT DESCRIPTION:
This project would remove two single-family rental houses and two single -story
apartment buildings built circa the 1950's, and construct a 5-story student -oriented
apartment building with 4 stories of dwelling units above ground -level parking
incorporated into the structure (podium parking). A small retail commercial space and a
building rental office are included on the ground floor facing Plum Street. 79 dwelling
units contain 194 total bedrooms in a mix of one, two, and three -bedroom units. 95
vehicle parking spaces are provided.
The site comprises 1.17 acres located at the southwest corner of West Plum Street and
Scott Avenue, 1/8 mile west of Shields Street and Colorado State University. Zoning is
Community Commercial (CC), and the site is within the Transit -Oriented Development
(TOD) Overlay Zone. The proposed land use is permitted subject to review by the
Planning and Zoning Board.
RECOMMENDATION:
Staff recommends approval of Scott Plaza PDP #130032 with a condition that
subsequent vacation of the Scott Avenue right of way is approved by City Council.
Planning Services 281 N College Ave - PO Box 580 - Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750
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