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HomeMy WebLinkAboutRIVER DISTRICT BLOCK ONE MIXED-USE (ENCOMPASS) - PDP - PDP120020 - DECISION - MINUTES/NOTES (3)1 3/26/2013 Q:\USERS\FORT COLLINS LAND USE\ENCOMPASS\DECISION.DOCX CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: March 12, 2013 PROJECT NAME: Encompass – River District Block One 418 Linden Street CASE NUMBER: PDP120020 APPLICANT: Nine Fish, LLC c/o Encompass c/o BHA Design 1603 Oakridge Drive Fort Collins, CO 80524 OWNER: Nine Fish, LLC 324 Jefferson Street Fort Collins, CO 80524 HEARING OFFICER: Kendra L. Carberry PROJECT DESCRIPTION: This is a request to redevelop a former industrial site adjoining the Poudre River for a mixed-use project consisting of 20,000 square feet of office space, 4,400 square feet of restaurant space and 12 multi-family residential dwelling units. 65 total parking spaces are divided between a surface lot and a garage under the structure with a total of 65 spaces. The parcel is located at 418 Linden Street on the west side of the Poudre River. The site contains 1.03 acres, is zoned R-D-R, River Downtown Redevelopment District, and is within the Transit- Oriented Development Overlay Zone. SUMMARY OF DECISION: Approved with conditions. ZONE DISTRICT: R-D-R, River Downtown Redevelopment District HEARING: The Hearing Officer opened the hearing at approximately 5:00 p.m. on March 12, 2013, in Conference Room A, 281 North College Avenue, Fort Collins, Colorado. EVIDENCE: During the hearing, the Hearing Officer accepted the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant; and (3) the following correspondence (the Land Use Code and the City's Comprehensive Plan are also considered part of the record considered by the Hearing Officer): AUTHOR DATE Tsighe Nemariam, W & T Leasing, LLC March 12, 2013 Pete Gazlay, Total Facility Care March 12, 2013 Thomas K. Moore, Mawson Lumber and Hardware Company February 28, 2013 Aki and Jim Palmer, Cassidy Turley Commercial Real Estate March 11, 2013 2 3/26/2013 Q:\USERS\FORT COLLINS LAND USE\ENCOMPASS\DECISION.DOCX Donald J. Shannon, Shannon & Associates* March 4, 2013 Mary Ann Corliss, North Fort Collins Business Association March 8, 2013 Kathleen Henry, Colorado State University Research Foundation March 6, 2013 Linda Hopkins,* The Group, Inc. March 3, 2013 Michael Short and Lorna Reeves, Downtown Fort Collins Business Association March 7, 2013 Jeff Wolff, Fidelity National Title Company* March 5, 2013 Todd Gilchrist, Fidelity National Title Company* March 7, 2013 David Sholl March 7, 2013 Bryan Willson, Engines & Energy Conversion Lab March 1, 2013 Tracy Mead, Education & Life Training Center March 7, 2013 Greg Woods March 8, 2013 Dean Hoag, North Fort Collins Business Association March 8, 2013 Douglas L. Murray, Colorado State University March 8, 2013 Todd Heenan, Fort Collins Club Not dated Lawrence A. Mazzotta, Cornerstone Associates, LLC March 5, 2012 Aaron Cvar February 28, 2013 Dulcie Willis, Bas Bleu Theatre Company* Not dated Tracy Oldemeyer March 5, 2013 Paula and Dave Edwards Not dated *Present at hearing. TESTIMONY: The following persons testified at the hearing: From the City: Lindsay Ex, Sherry Albertson-Clark From the Applicant: Jerod Huwa, Matt Delich, Lucia A. Liley, Mike Phelan, Rich Shannon From the Public (in favor of the application): Ray Martinez Doug Hutchinson Todd Heenan Jeff Wolff Todd Gilchrist Jerry Kennell Matt Robenalt Robert Hau Michael Bello Dulcie Willis Ed Stoner Susan Kirkpatrick Michael Short Margaret Moore Nick Haws Jim Reidhead Linda Hopkins Patrick Brady Hunter Harms From the Public (opposed to the application): Gary Wockner, Nancy York FINDINGS 1. Evidence presented to the Hearing Officer established the fact that the hearing was properly posted, legal notices mailed and notice published. 3 3/26/2013 Q:\USERS\FORT COLLINS LAND USE\ENCOMPASS\DECISION.DOCX 2. The PDP site is located within the boundary of the Downtown Plan originally adopted in 1989 and amended in 2006, and within the area covered by the Downtown River Corridor Implementation Program, approved in 2000. The PDP complies with the Downtown Plan and the Downtown River Corridor Implementation Program, because the PDP establishes a pedestrian and visual connection between the River and the Downtown along Linden Street, the PDP will be compatible with the scenic, natural, recreational values of the Poudre River, the land uses would add to the mix of activities associated with Downtown, and the addition of housing and jobs will contribute to the critical mass of people living and working and investing in the Downtown. 3. The PDP complies with the City's Comprehensive Plan, because the PDP enhances the relationship to the Poudre River with a continuous landscape buffer and the PDP will strengthen the connection between Downtown and the River. Specifically, the PDP complies with: Policy ENV 24.4, because it restores degraded or disturbed areas of the Poudre River corridor to improve natural habitat conditions, biodiversity, and aesthetic and recreational values; Policy LIV 5.1, because it encourages redevelopment and Infill in Activity Centers and Targeted Infill and Redevelopment Areas; and Policy LIV 45.3, because it provides multi-purpose spaces that celebrate the historic relevance of the Poudre River to the community, continuing the important and unique relationship between the waterway and surrounding urban environment, and maintaining those natural elements of the Poudre River as it passes through Downtown. 4. The PDP complies with the applicable General Development Standards contained in Article 3 of the Code. a. The PDP complies with Section 3.2.1(D), Tree Planting Standards, because the plants selected for the project exceed the minimum species diversity requirement and meet or exceed minimum size standards. b. The PDP complies with Section 3.2.1(E)(1), Buffering, because the species, size, quantity and location of landscaping creates an extension of the existing ecology so that the project blends in with native landscaping, contributes to the buffering and the natural feel along the embankment, complements and enhances the riparian character of the area, and emphasizes the transition from the established urban character along Linden Street to riparian character along the Poudre River. c. The PDP complies with Section 3.2.1(E)(3), Water Conservation, because the annual water use does not exceed 15 gallons per square foot. d. The PDP complies with Section 3.2.1(E)(4), Parking Lot Perimeter Landscaping, because the surface parking lot is located behind the building and is not visible from Linden Street, the 13 spaces that face the River are screened by a continuous row of trees and shrubs exceeding 30 inches in height, and the 13 spaces that face Ranch-Way Feeds are at a lower elevation, built into the grade, screened with a retaining wall and combined with a continuous row of trees and shrubs. e. The PDP complies with Section 3.2.1(E)(5), Parking Lot Interior Landscaping, because the parking lot landscaping provides 14% interior landscaping, exceeding the standard of 6%, and 12 canopy shade trees, exceeding the standard by one. 4 3/26/2013 Q:\USERS\FORT COLLINS LAND USE\ENCOMPASS\DECISION.DOCX f. The PDP complies with Section 3.2.1(E)(6), Screening, because the trash and recycling enclosure and electrical transformer are screened by a solid decorative fence. g. The PDP complies with Section 3.2.1(F), Tree Protection, because 4 non-native Siberian Elm trees will be removed, 2 street trees along Linden Street will be up-sized from 2" to 3" in caliper, all other trees along the Poudre River are preserved, a pruning schedule is in place, and the landscape plan includes standard tree protection notes. h. The PDP complies with Section 3.2.2(B), Access, Circulation and Parking, because storefronts and building entrances face the public sidewalk, the parking and circulation system integrates the private improvements with the public street and sidewalk, a bus stop and bench are included, the Poudre River Trail is located on the other side of the bridge, and the PDP generally prioritizes bicycles and pedestrians. i. The PDP complies with Section 3.2.2(C), Development Standards, because the public sidewalk along Linden Street ranges in width from 5'8" to 9'9", not including the plaza, and features street trees, raised planters, planter pots and pedestrian lighting. j. The PDP complies with Section 3.2.2(C)(4), Bicycle Facilities, because the standard at the time the application was submitted (July 17, 2012) required that the minimum number of bicycle parking spaces be no less than 10% of the vehicle spaces, and the PDP exceeds that standard. k. The PDP complies with Section 3.2.2(C)(5), Walkways, because, in addition to the public sidewalk on Linden Street, there is a crusher fines pathway along the Poudre River that will integrate with the riparian character of the area. l. The PDP complies with Section 3.2.2(D)(E)(J), Parking Lot Design, because there are 31 parking spaces under the structure and 34 surface parking spaces in the rear of the site, both lots gain access to Linden Street safely and efficiently with proper separation between vehicles and bicycles and pedestrians, and the surface parking lot exceeds the required minimum side setback of five feet. m. The PDP complies with Section 3.2.2(K)(1)(a)1., Residential Parking Requirements, because the PDP provides 31 parking spaces under the structure that may be allocated for the 12 dwelling units. n. The PDP complies with Section 3.2.2(K)(2), Non-Residential Parking Requirements, because the PDP is 39 parking spaces below the maximum. o. The PDP complies with Section 3.2.4, Site Lighting, under the Alternative Compliance provision, because the reduction in illumination after 10:00 p.m. is appropriate based on the following factors: there will be fewer customers using the parking lot; the parking lot is located behind the building with limited public access; the reduction in illumination after 10:00 p.m. will protect the natural area from light intrusion; there is no detriment to neighborhood continuity; opportunities for non-vehicular access are not impacted; and the reduction in illumination reduces energy usage. 5 3/26/2013 Q:\USERS\FORT COLLINS LAND USE\ENCOMPASS\DECISION.DOCX p. The PDP complies with Section 3.2.5, Trash and Recycling Enclosures, because the trash and recycling enclosure is screened from Linden Street by gates and is of sufficient size to accommodate the needs of all users, and to protect the residences from disturbance, the pick-up times have been voluntarily limited to business hours only on weekdays and between Noon and 5:00 p.m. on Saturdays and Sundays. q. The PDP complies with Section 3.3.1, Plat Standards, because the plat complies with the requirements for a legal subdivision of land, the lot fronts on a public street with the proper dedication of public right-of-way and easements for utilities, and drainage and emergency access easements have been provided as required by the City's Stormwater Utility and the Poudre Fire Authority. r. The PDP complies with Section 3.4.1, Natural Habitats and Features, because the R-D-R zone district is exempt from the buffer requirements contained in Section 3.4.1(E). s. The PDP complies with Section 3.4.1(F), Protection of Wildlife Habitat and Ecological Character, because the ECS does not show the existence of a plant or wildlife species identified by the City as a Sensitive or Specially Valued Species, or by state or federal agencies as threatened, endangered, species of concern, or sensitive natural community, and the numerous studies and publications supplied by those individuals opposed to the PDP do not relate specifically to this PDP or this site. t. The PDP complies with Section 3.4.1(G)(2), Streambank Stabilization, because the streambank stabilization will utilize native vegetation and not exposed rip rap. u. The PDP complies with Section 3.4.1(I), Design and Aesthetics, because the predominant building material facing the Poudre River is native stone, native landscaping will be planted, and views of the site will be obscured by plant material. v. The PDP complies with Section 3.4.1(L), Compatibility with Public Natural Areas or Conserved Land, because the PDP is compatible with the City's management of the property along the Poudre River, and the continuous landscape buffer minimizes wildlife conflicts and provides a transition between the development and the public land. w. The PDP complies with Section 3.4.3, Water Quality, because the stormwater runoff from the new additional impervious area will be conveyed, treated, detained and released in accordance with the requirements of the City's Stormwater Utility. x. The PDP complies with Section 3.4.7, Historic and Cultural Resources, because there are no historic structures on the site or adjacent sites, the site is not within an historic district, and, in relation to the three residential properties on the opposite side of Linden Street which contain buildings that were determined to be eligible for Local Landmark Designation in 2002, the PDP provides stepping back of the upper floor mass and uses native stone and brick, thereby preserving the existing character along Linden Street. y. The PDP complies with Section 3.5.1(G), Building Height, because: the building is 64 feet in height; there are no views that are impacted; the shadow analysis indicates that there are no substantial adverse impacts on the distribution of natural and artificial light on 6 3/26/2013 Q:\USERS\FORT COLLINS LAND USE\ENCOMPASS\DECISION.DOCX adjacent public or private property; there is no infringement on the privacy of adjacent public or private property; and the height of the building is compatible with the scale of the neighborhood. z. The PDP complies with Section 3.6.4, Transportation Impact Study, because the Transportation Impact Study includes an impact analysis for both the short term (2017) and the long term (2035), and indicates acceptable levels of service for vehicles, pedestrians and bicycles. 5. The PDP complies with the applicable standards contained in Article 4 of the Code for the R-D-R zone district. a. The PDP complies with Section 4.9(B)(2)(a)(3), Permitted Uses, because Mixed- Use Dwellings, Office and Standard Restaurant are permitted uses subject to administrative review. b. The PDP complies with Section 4.17(D)(1)(a), Transition between the River and Development, because the landscaping creates an extension of the existing ecology so that the project blends in with native landscaping, provides buffering, enhances the riparian character of the area, prevents erosion and provides bank stabilization. c. The PDP complies with Section 4.17(D)(1)(a)1., Bank Stabilization Improvements, because the design of the bank and slope stabilization is based on the Cache La Poudre River Bank Stability Evaluation prepared by the applicant, and the Poudre River Enhancement Project, an addendum to the Poudre River Drainage Master Plan. d. The PDP complies with Section 4.17(D)(1)(a)2., Bank Stabilization Visual Elements, because the primary elements of the bank stabilization are stone, buried riprap, backfill and geotextile fabric, mechanically stabilized earth and vegetated reinforced soil slopes, no new trees are planned, a mix of willows, groundcover grasses and sedges promote the riparian habitat, and no concrete or blank walls are included. e. The PDP complies with Section 4.17(D)(1)(b), Outdoor Spaces and Continuous Walkway, because the PDP includes interconnected outdoor spaces, including outdoor plazas and seating areas at grade, terrace seating on the deck above-grade, courtyard spaces, soft walking path by the river connecting to Linden Street. f. The PDP complies with Section 4.17(D)(2)(a), Street Connections, because the PDP does not include any new streets or alleys. g. The PDP complies with Section 4.17(D)(2)(b), Linden Streetscape Improvements, because the PDP completes the public street improvements and enhanced streetscape features installed in 2012 by the City and the Downtown Development Authority. h. The PDP complies with Section 4.17(D)(2)(c), Jefferson Streetscape Improvement Details, because the PDP does not front on Jefferson Street but incorporates the design of the 2011 public project along Linden Street by including consistent and decorative pavements, benches, street trees, planters and trash and recycling receptacles. 7 3/26/2013 Q:\USERS\FORT COLLINS LAND USE\ENCOMPASS\DECISION.DOCX i. The PDP complies with Section 4.17(D)(3)(a), Buildings – Landmarks Exception, because the existing warehouse is not eligible for local landmark designation and will be removed to construct a new building. j. The PDP complies with Section 4.17(D)(3)(b), Industrial and New Non-residential Buildings, because the building is located at the property line, the building is varied in height and includes projecting and recessed elements that break up the mass, entrances relate to the organization of interior space, there are no false fronts or parapets, the building includes articulated facades on all sides, there is no blank wall along the street, there are steel canopies over entrances and no awning is longer than a single storefront, the building features a recognizable base of native stone and storefront glazing, and there is a sloping roof on the east side and a flat roof with penthouse on the west side. k. The PDP complies with Section 4.17(D)(3)(c)1., Massing and Placement – Height/Mass, because along the river, there is one story on the east side at grade level, and along Linden Street, the building is 5 stories, with the fifth story acting as a loft for the fourth floor unit, and the third and fourth floors are stepped back from the second floor by 8'. l. The PDP complies with Section 4.17(D)(3)(c)2., Massing and Placement – Parking Lots, because 31 of the 65 parking spaces are below the structure in a parking garage. m. The PDP complies with Section 4.17(D)(3)(c)3., Massing and Placement – Street Frontage, because all parking is either in the garage or behind the building, and the entrance to the parking garage is 20 feet wide, or 9.3% of the total lot frontage of 214 feet. n. The PDP complies with Section 4.17(D)(3)(c)4., Massing and Placement – Frequent Views/Access, because the building is 97 feet in length on the axis along the Poudre River. o. The PDP complies with Section 4.17(D)(3)(d)1., Character and Image – Articulation, because the building includes articulated features that break up the mass, the third and fourth stories of the western module are stepped back from the first and second stories helping to reduce the mass along the street, the building materials provide vertical and horizontal relief, and the building is divided into three distinct functions (commercial, office, residential) with each function having its own distinct features. p. The PDP complies with Section 4.17(D)(3)(d)2., Character and Image – Outdoor Spaces, because: along Linden Street, the building entrances and walkway are elevated above the street in a terrace-like manner and highlighted by a plaza; along the river, there is a deck above the one-story building; in the rear, there is a terrace facing south; and for the upper residential stories, there are a variety of balconies creating private outdoor space. q. The PDP complies with Section 4.17(D)(3)(d)3., Character and Image – Windows, because there are three types of windows each associated with the primary function of the three uses within the building (office, commercial and residential). 8 3/26/2013 Q:\USERS\FORT COLLINS LAND USE\ENCOMPASS\DECISION.DOCX r. The PDP complies with Section 4.17(D)(3)(d)4., Character and Image – Rooflines, because the building includes a variety of roof forms, including a flat roof supporting an outdoor terrace, a sloping roof that allows for day-lighting and screening of mechanical equipment, and a flat roof for the fourth story, punctuated by a fifth floor penthouse (loft space for the fourth floor unit) featuring a pitched roof. s. The PDP complies with Section 4.17(D)(3)(e) – Materials, because the building incorporates a variety of materials to establish a complementary relationship to both the Downtown and the Poudre River. t. The PDP complies with Section 4.17(D)(4)(a), Site Design – Naturalistic Landscaping, because the drought-tolerant, native plant material along the Poudre River complements the existing vegetation and creates a variety of heights. u. The PDP complies with Section 4.17(D)(4)(b), Site Design – Walls, Fences and Planters, because along the river, there is a native stone planter attached to the building, along the south side, there is a brick wall that screens the trash and recycling enclosure and mechanical equipment, and there are no fences associated with the PDP. DECISION Based on the foregoing findings, the Hearing Officer hereby enters the following rulings: 1. The PDP is approved as submitted, subject to the following conditions: a. Prior to the approval of a Final Plan, the applicant shall obtain a Conditional Letter of Map Revision. b. Prior to issuance of the first Certificate of Occupancy for the project, the applicant shall obtain the City's approval of a Letter of Map Revision and submit the Letter of Map Revision to the Federal Emergency Management Agency. c. Prior to the approval of a Final Plan, the applicant shall obtain an easement from the City for the placement of permanent building components within the Linden Street right-of-way. DATED this 26 th day of March, 2013. _____________________________________ Kendra L. Carberry Hearing Officer