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Home My WebLink About401 WEST MOUNTAIN AVENUE - PDP - 29-98 - DECISION - FINDINGS, CONCLUSIONS & DECISION`ER f0 CIVIL 5 N DIKE UCK, CONTtXTION JOINf5,ty 5fA\VAa7 CONCMTE MAK LINE MMEN CaR CONCM9 CaOK5 5fAMPAW CONCIFM --------------- PLAN 1 "=10' WALL AW CSATE, mup To AP,CHITECT5 PIKE ZACK, , fag■, J.\■■l �t col■■■ FTI � CONT■■rid■■■ 1� /..O 9i1 =- R V 11-30-1998 13:04 970 224 1662 i VAUGHT FRVE ARC'_TECTS P.01 W A%6v5 is yT Z a 5. The application meets all applicable Land Use and Development Standards of Article IV of the Land Use Code for the Canyon Avenue Subdistrict. 6. The Project Development Plan is compatible with the neighborhood. DECISION Based upon the findings and conclusions, the applicant's request for Preliminary Development Plan Approval for 401 Mountain Project #29-98 is approved with the following conditions: 1. The applicant shall comply with all notes and conditions set forth on the applicant's submittal sheets 1 through 4 as revised on 10/21 /98. 2. The location of the trash receptacle shall be as shown of the applicant's submittal dated 11 /30/1998. Dated this 5th day of December, 1998, by authority granted by Section 2.1 of the Fort Collins Land Use Code. Steven Klausing, Hearing Offi er ri Based upon the fact that there are no protected views from the site the Director waived the requirement of a view analysis (Section 3.5.1(H)(1)(a)(4)(b)(1) for this site. A representative of the proposed building owners to the west testified that they did not object to the proposal and the height of the building. There was no public testimony opposing the project. Some members of the public had questions regarding design specifics and these were adequately addressed by the applicant. The evidence is that the building complies with the special review criteria of Section 3.5.1(1-1)(a)(4)(b)(1) concerning light, shadows, privacy and neighborhood scale. The design of the building will be enhanced by the proposed height. RNM (0• ITITITO K0477111TIMM A neighborhood meeting was held on May 28, 1998. Minutes of the meeting were submitted at the hearing. Members of the public attended the hearing and inquired regarding the location of the trash receptacle, the use of solar energy equipment and other issues. The applicant has agreed to relocate the trash receptacle as reflected in the applicant's submittal dated 11/30/1998. The relocation of the trash receptacle is noted by the Hearing Officer and is hereby made a modification of the submittal and a condition of the approval of the Project Development Plan. The proposed uses are consistent with the land uses designated for the Canyon Avenue Subdistrict, and the uses are permitted within the Canyon Avenue Subdistrict. The project complies with the Article III General Development Standards and the Article IV Development Standards and therefore is compatible with the neighborhood. FINDINGS, CONCLUSIONS AND DECISION FINDINGS AND CONCLUSION After reviewing the staff report and recommendation, the applicant's submittal, hearing the testimony and considering the record the Hearing Officer makes the following findings and conclusions: 1. The applicant has submitted a Project Development Plan which complies with the requirements of Article 2, Administration of the Land Use Code. 2. The property is located in the Canyon Avenue Subdistrict Downtown District and the proposed uses, two family residential, retail and office, are permitted within this zoning district. 3. The application meets all the relevant standards of Article 3 General Development Standards. 4. The height of the building requires a shadow analysis. The result of the analysis indicates that the building will not cast a shadow greater than a hypothetical 25 foot wall, at the property line and accordingly the proposed height is permissible. 5 proposed Project Development Plan complies with the Land Use Standards of the Canyon Ave. Subdistrict of the Downtown District as set forth in Section 4.12(D) of the Land Use Code. The applicant and the owner testified to the design, layout, materials, landscaping and architectural details of the building. The evidence is that the building has been designed to incorporate architectural and design elements of the surrounding uses and to be compatible with architectural styles in use during periods as reflected in the surrounding uses. The proposed streetseape creates a pedestrian friendly environment and will encourage pedestrian access. The use of a variety of materials, colors and textures will create a visually interesting building which will also break up the mass of the building. While the building is larger than those in the immediate area the design and materials will create an appearance which will be compatible with the neighborhood. The project complies with all applicable Development Standards related to Building Design, Facades, and Site Design of the Canyon Ave. Subdistrict of the Downtown District as set forth in Section 4.12(E) of the Land Use Code. The Project Development Plan must meet all applicable standards in Article 3, General Development Standards, of the Land Use Code. The applicant presented evidence of compliance with the standards. Compliance with the following standards is noted. The planner testified that the Project Development Plan meets all of the applicable standards of Article 3, General Development Standards. The planner and applicant testified that the project would have 9 off street parking spaces and 17 on street parking spaces. Pursuant to Section 3.2.2 of the Land Use Code a minimum of 4 and a maximum of 60 parking spaces are allowed. The proposal is consistent with the code requirements. This three story building is proposed to be 49 feet 10 inches high as measured at the height of the penthouse. Rooftop elements exceed the 40 foot height limit therefore a shadow analysis is required pursuant to Section 3.5. l (H)(1)(a)(4)(b)(1). A height analysis was performed and presented at the hearing. The shadow analysis measures the shadow created at 9 a.m., noon, and 3 p.m. on December 21 by a hypothetical 25 foot wall at the property line and the proposed building. This analysis measures the maximum shadow created during the year. The analysis reveals that no shadow will be cast upon any adjacent structure to any greater extent than that created by the hypothetical wall at the property line. 4 Citizens Providing Testimony Michael Ehler 401 Mulberry Fort Collins, CO 80525 The applicant's submittal materials and the staff report are a part of the record and are incorporated herein by reference. The Hearing Officer takes official notice of the drawings and visual aids used during the hearing. N: NCM; Mountain Ave., existing single-family residential NCB; Mountain Ave., Edwards House Bed and Breakfast D(Canyon Ave.); Mountain Ave. Meldnxm St., Avery House, St. Josephs Catholic Church and Elementary School S: NCM; parking lot D(Canyon Ave.); office retail building W: NCM; office building, single family residential E: D(Canyon Ave.); Meldrum Ave., office (Fort Collins Travel), supermarket (Steele's) This site is known as a portion of lots 7 and 8 of the original Plat of the City of Fort Collins recorded on January 16, 1873. Findings The city planner testified that the proposed uses, two family residential, office and retail are permitted within the Canyon Ave. Subdistrict of the Downtown District. Pursuant to Section 4.12 (B)(2)(A) and (C) these uses are subject to Administrative Type 1 review. The lot dimensions are 75 feet by 130 feet, the minimum lot width is 40 feet. There is no minimum lot size in the Canyon Ave. Subdistrict. The maximum lot coverage is 75%, the proposed building will cover 21 % of the gross lot area (45% of the net lot area). The maximum front yard setback is 15 feet, the proposed setback is 0 to 3 feet. The rear yard setback is 5 to 51 feet which exceeds the required 0 foot setback. The evidence is that the 3 SUMMARY OF RECOMMENDATION AND DECISION: Approval Approval with conditions Canyon Avenue Subdistrict of the Downtown District The city planner testified that the property was posted, legal notice published and written notices mailed as required by the code. PUBLIC HEARING The Hearing Officer, by appointment of the Director pursuant to The Fort Collins Land Use Code, opened the hearing on November 30, 1998 at approximately 6:30 p.m. in the conference room located at 281 N. College Ave. Fort Collins CO. The staff report and recommendation and the applicant's submittals were entered into the record. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE The following individuals testified at the hearing: From the City: Mike Ludwig, Project Planner Fort Collins, CO For the Applicant: Linda Ripley V-F Ripley Associates 113 Stoney Hill Drive Fort Collins, CO 80525 Joe Frye, Architect 113 Stoney Hill Dr. Fort Collins, CO 80525 Gregory Belcher 402 West Mountain Ave. Fort Collins, Co 80525 2 I ITEM NO. MEETING DATE STAFF City of Fort Collins HEARING OFFICER STAFF REPORT HEARING OFFICER: Steven Klausing, Hearing Officer Hearing Officer, Administrative Type 1 PROJECT NAME: 401 West Mountain Project Development Plan CASE NUMBER. #29-98 OWNER: Gregory Belcher 402 West Mountain Ave. Fort Collins, CO 80521 APPLICANT Linda Ripley V-F Ripley Associates 113 Stoney Hill Dr. Fort Collins, CO 80525 PROJECT DESCRIPTION, This is a request for approval of a Project Development Plan to construct a 14,494 square foot mixed use building (excluding a 3,476 square foot basement). The building will consist of a 4,555 square foot first floor for a proposed restaurant use, 4606 square feet on the second floor as a proposed office use and 5,333 square feet on the third floor for two residential units and finally a loft area of 770 square feet. The site is approximately .47 acres and is located at the southwest corner of Mountain Avenue and S. Meldrum Street. The site is located in the Canyon Avenue Subdistrict of the Downtown District, COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT