HomeMy WebLinkAboutVIALE COLLEGIO 2ND FLOOR REMODEL - MAJOR AMENDMENT - MJA150007 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: November 23, 2015
PROJECT NAME: Viale Collegio (2
nd
Floor Remodel) Major Amendment
CASE NUMBER: MJA #150007
APPLICANT: Brady (“Brad”) Massey
ALM2S
712 Whalers Way, Suite B-100
Fort Collins, CO 80525
OWNER: VenturePro LLLP
706 S. College Avenue
Fort Collins, CO 80524
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: This is a request for consideration of the Viale Collegio Major
Amendment, MJA #150007. The project site is located at 706 South College Avenue, south of East
Laurel Street, and is located in the Community Commercial (C-C) zone district. This is a Major
Amendment to remodel approximately 8,300 square feet of existing second floor commercial office
space into 14 residential studio apartments (the “Project”). As set forth in the application, the 14
new residential studio apartments will be similar to the existing third floor residential studio
apartments, and the new units will be served by the existing 33-space parking lot.
BACKGROUND AND LAND USE HISTORY:
The project site is located on the southern half of Lot 3 and all of Lot 4, Block 127 as indicated on
the Fort Collins 1873 Map (“Subject Property”).
In 2003, the Subject Property was redeveloped as a mixed-use, three-story building in accordance
with the Viale Collegio PDP. The new building approved as part of the Viale Collegio PDP replaced
an existing, drive-thru bank, a two-story house, and a small office building. The existing three-
story building constructed on the Subject Property consists of approximately 39,227 total interior
conditioned space. The existing building on the Subject Property was constructed under the 1997
Uniform Building Code.
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The surrounding zoning and land uses are set forth below:
Direction Zone District Existing Land Uses
North Community Commercial (CC)
Retail, restaurant, office, multi-family
residential
South Community Commercial (CC)
Retail, restaurant, office, single-family
detached, multi-family residential, lodging
establishment
East
Neighborhood Conservation –
Buffer (NCB), Neighborhood
Conservation – Medium Density
(NCM)
Single-family detached, multi-family
residential
West
Unzoned, (Colorado State
University)
CSU main campus
SUMMARY OF DECISION: Conditional approval.
ZONE DISTRICT: Community Commercial (C-C).
HEARING: The Hearing Officer opened the hearing on Monday, November 23, 2015, in
Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado, following the
conclusion of the public hearing on the Magnolia/Whedbee replat matter (FDP #150032).
EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding: (1) Planning Department Staff Report for the Viale Collegio
Major Amendment, MJA#150007; (2) Zoning & Site Vicinity Map; (3) Statement of Planning
Objectives submitted by the Applicant dated October 6, 2015; (4) Viale Collegio Second Floor
Remodel Planning Document Set (site plan, floor plans and building elevations); (5) graphic
showing walking distance from the project site to the nearest MAX stop; and (6) Affidavit of
Publication of the Fort Collins Coloradoan dated November 11, 2015 evidencing publication of the
Notice of Hearing on November 11, 2015. In addition, the City’s Comprehensive Plan, Code, and
the formally promulgated polices of the City are all considered part of the record considered by the
Hearing Officer.
A copy of the Planning Department Staff Report prepared for the Project is attached to this decision
as ATTACHMENT A and is incorporated herein by reference.
TESTIMONY: The following persons testified at the hearing:
From the City: Clay Frickey, Associate Planner
From the Owner: Brad Massey, ALM2S
From the Public: None
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FINDINGS AND DECISION
1. Evidence presented to the Hearing Officer established the fact that notice of the public
hearing was properly posted, mailed and published.
2. Based on testimony provided at the public hearing and a review of the materials in the record
of this case, the Hearing Officer concludes as follows:
A. the Application complies with the applicable procedural and administrative
requirements of Article 2 of the Land Use Code; and
B. the Application complies with the applicable General Development Standards
contained in Article 3 of the Land Use Code, including specifically the following:
Section 3.2.2(C)(4)(b) Bicycle Facilities – Bicycle Parking Space Requirements;
Section 3.2.2(K)(1) Parking Lots – Required Number of Off-Street Space for Type
of Use when considering the demand mitigation strategies and the relief provided to
new development in the TOD Overlay Zone as set forth in both the Statement of
Planning Objectives and the Planning Department Staff Report; Section
3.2.2(K)(5)(d) Handicap Parking; and Section 3.2.3 Solar access, orientation and
shading.
C. the Application complies with the applicable Community Commercial (C-C) District
standards contained in Article 4 of the Land Use Code, including specifically Section
4.18(B)(2)(a)(6) which permits mixed-use dwellings, subject to administrative
review. The Application proposes site and utility improvements, and interior
remodeling, to an existing three (3) story building, in compliance with this standard.
D. The Application achieves one of the stated purposes of the C-C District, as set forth
in Section 4.18(A) in that the existing multi-story building on the Subject Property
will continue to provide a mix of residential and nonresidential uses.
3. The Application’s satisfaction of the applicable Article 2, 3 and 4 requirements of the Land
Use Code is sufficiently detailed in the Staff Report, a copy of which is attached as
ATTACHMENT A and is incorporated herein by reference.
4. The Application is approved on the condition that the Applicant and Owner comply with all
provisions of the 2012 International Building Code applicable to the Project, as determined
by the City’s Building Services Department.
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DATED this 3
rd
day of December, 2015.
___________________________________
Marcus A. McAskin
Hearing Officer
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ATTACHMENT A
Staff Report (attached)
ITEM NO 2
MEETING DATE Nov. 23, 2015
STAFF Clay Frickey
ADMINISTRATIVE HEARING OFFICER
Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750
STAFF REPORT
PROJECT: Viale Collegio 2
nd
Floor Remodel, MJA150007
APPLICANT: Brady Massey
ALM2S
712 Whalers Way, Suite B-100
Fort Collins, CO 80525
OWNERS: VenturePro LLLP
706 S College Ave.
Fort Collins, CO 80524
PROJECT DESCRIPTION:
This is a major amendment to remodel approximately 8,300 square feet of the existing
2nd floor commercial office space into 14 residential studio apartments for rent (parcel #
9713219002). The unit types will be similar to the existing 3rd floor residential studio
apartments. The new residential units will be served by the existing, 33-space
covered/surface parking lot. Each new residential unit will contain a hanging bike rack
for bike storage. The project is located in the Community Commercial (CC) zone
district.
RECOMMENDATION: Staff recommends approval of Viale Collegio 2
nd
Floor
Remodel, MJA150007.
EXECUTIVE SUMMARY:
Staff finds the proposed Viale Collegio 2
nd
Floor Remodel Major Amendment complies
with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more
specifically:
The Project Development Plan/Final Plan complies with the process located in
Division 2.2 – Common Development Review Procedures for Development
Applications of Article 2 – Administration.
The Project Development Plan/Final Plan complies with relevant standards of
Article 3 – General Development Standards.
Staff Report – Viale Collegio 2nd Floor Remodel, MJA150007
Administrative Hearing 11-23-2015
Page 2
The Project Development Plan/Final Plan complies with relevant standards
located in Division 4.18, Community Commercial (CC) of Article 4 – Districts.
COMMENTS:
1. Background
The property was annexed into the City as part of the Original Town Site Annex on
January 16, 1873. The property is located on the southern half of Lot 3 and all of Lot 4,
Block 127 as indicated on the Fort Collins 1873 Map. In 2003, the site was redeveloped
as a mixed-use, three-story building as the Viale Collegio PDP. The new building
approved as part of the Viale Collegio PDP replaced an existing, drive-thru bank, a two-
story house, and a small office building.
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North Community Commercial (CC) Retail, restaurant, office, multi-family residential
South Community Commercial (CC)
Retail, restaurant, office, single-family
detached, multi-family residential, lodging
establishment
East
Neighborhood Conservation – Buffer
(NCB), Neighborhood Conservation –
Medium Density (NCM)
Single-family detached, multi-family residential
West Unzoned, (Colorado State University) CSU main campus
A zoning and site vicinity map is presented on the following page.
Staff Report – Viale Collegio 2nd Floor Remodel, MJA150007
Administrative Hearing 11-23-2015
Page 3
Figure 1: Viale Collegio Zoning & Site Vicinity Map
Staff Report – Viale Collegio 2nd Floor Remodel, MJA150007
Administrative Hearing 11-23-2015
Page 4
2. Compliance with Article 3 of the Land Use Code – General Development
Standards:
The project complies with all applicable General Development Standards as
follows:
A. Section 3.2.2(C)(4)(b) – Bicycle Facilities – Bicycle Parking Space
Requirements
Multi-family residential developments must provide 1 bike parking space
per bedroom, with at least 60% provided in enclosed locations. General
retail and general office developments must also provide 1 bike parking
space per 4,000 sq. ft., with a minimum of 4 bike parking spaces provided.
Below is a summary of what is required for Viale Collegio given the land
uses proposed as part of this Major Amendment and the bicycle parking
provided on the site plan.
Use Min. Parking Parking Provided
Office (6,000 sq. ft.) 1/4,000 sq. ft. = 4 spaces (1
covered, 3 fixed rack)
6 spaces
General Retail (4,720
sq. ft.)
1/1,000 sq. ft. = 4 spaces (1
covered, 3 fixed rack)
7 spaces
Multi-family (34 studio
units)
1 per bedroom = 34 spaces
(21 covered, 13 fixed rack)
39 spaces
Total 42 spaces 52 spaces
The proposed Major Amendment shows one bicycle parking space per
bedroom provided within each new residential unit, which translates to 14
covered bike parking spaces. The site plan shows 13 bike parking spaces
in the covered garage to serve the retail and office uses. An additional 25
covered spaces are shown on the floor plan for the second floor, which will
serve the existing residential units on the third floor and provide additional
bike parking for guests. In total, the proposal shows 52 total bike parking
spaces.
B. Section 3.2.2(K)(1) – Parking Lots – Required Number of Off-Street Space
for Type of Use
For multi-family and mixed-use dwellings within the Transit Oriented
Development (TOD) Overlay Zone, the development must provide 0.75
parking spaces per unit containing one bedroom or less. The Major
Staff Report – Viale Collegio 2nd Floor Remodel, MJA150007
Administrative Hearing 11-23-2015
Page 5
Amendment proposes 14 new studio apartments. The original Viale
Collegio PDP provided 33 parking spaces, two of which are handicapped-
accessible. Given the new proposed land use mix of the site, below is
what would be required for parking per the Land Use Code:
Use Min. Parking Max. Parking
Office (6,000 sq. ft.) 1/1,000 sq. ft. = 6 spaces 3/1,000 sq. ft. = 18 spaces
General Retail
(4,720 sq. ft.)
2/1,000 sq. ft. = 10 spaces 4/1,000 sq. ft. = 19 spaces
Multi-family (34
studio units)
0.75 spaces per unit = 26
spaces
115% above minimum =
30 spaces
Total 42 spaces 67 spaces
The proposal falls short of the minimum parking required by 9 spaces.
However, the Land Use Code offers relief in the form of alternative
compliance standards outlined in Land Use Code section
3.2.2(K)(1)(a)(1)(a) and relief for new development in the TOD Overlay
Zone outlined in section 3.2.2(K)(2)(c).
Land Use Code section 3.2.2(K)(1)(a)(1)(a) provides several demand
mitigation strategies for multi-family dwellings located in the TOD Overlay
Zone. The proposal uses two of the listed demand mitigation strategies to
achieve a lower parking minimum: transit passes for each tenant and the
site being within 1,000 feet of a MAX stop. Each demand mitigation
strategy will result in a 10% decrease in the parking minimum or 20%
cumulatively. The development agreement will contain language that will
ensure a transit pass will be included for every renter for the duration of
the project. The most remote entry of the building is 915 feet away from
the MAX stop at Laurel St. and Mason St. following an ADA compliant,
contiguous, and improved walkway. By meeting these alternative
compliance measures, the minimum parking required for the residential
component of the project goes from 26 spaces down to 21 spaces
(rounded up from 20.8).
Staff Report – Viale Collegio 2nd Floor Remodel, MJA150007
Administrative Hearing 11-23-2015
Page 6
Figure 2: Viale Collegio Walking Distance From Nearest MAX Stop
Land Use Code section 3.2.2(K)(2)(c) provides relief for new development
in the TOD Overlay Zone. 25% of the square footage of gross leasable
area, not to exceed 5,000 sq. ft. shall be exempt from minimum parking
requirements. The exemption must be distributed proportionally among
the uses contained in a mixed-use development. With the proposed Major
Amendment, there will be 6,000 sq. ft. of office uses and 4,720 sq. ft. of
general retail uses, or a total of 10,720 sq. ft. of non-residential uses. 25%
of 10,720 sq. ft. is 2,680 sq. ft. This total exemption must then be
distributed proportionally amongst the office and general retail use. The
office comprises 56% of the total non-residential uses with the remaining
44% comprised of general retail. This ratio results in 1,501 sq. ft. of the
office use being exempt from the parking minimum and 1,179 sq. ft. of the
general retail use being exempt from the parking minimum. The new
Staff Report – Viale Collegio 2nd Floor Remodel, MJA150007
Administrative Hearing 11-23-2015
Page 7
parking requirements based on the calculations above are reflected in the
table below.
Use Min. Parking Max. Parking
Office (6,000 –
1,501 = 4,499sq. ft.)
1/1,000 sq. ft. = 5 spaces 3/1,000 sq. ft. = 14 spaces
General Retail
(4,720 – 1,179 =
3,541 sq. ft.)
2/1,000 sq. ft. = 7 spaces 4/1,000 sq. ft. = 14 spaces
Multi-family (34
studio units)
0.75 spaces per unit = 25.5
* .8 = 21 spaces
115% above minimum =
24 spaces
Total 33 spaces 52 spaces
With the demand mitigation strategies proposed and the relief to new
development in the TOD Overlay Zone, the proposal meets the minimum
parking requirement of 33 spaces.
C. Section 3.2.2(K)(5)(d) – Handicap Parking
Parking lots with 26-50 parking spaces must have two handicapped-
accessible spaces with at least one space that is also van accessible that
adjoins a minimum eight-foot-wide access aisle. The proposal shows two
handicapped accessible parking spaces with one space that is van
accessible with an adjoining eight-foot-wide access aisle.
D. Section 3.2.3 - Solar access, orientation, shading
All developments must be designed to accommodate active and/or
passive solar installations and must not deny adjacent properties access
to sunshine. The existing buildings are designed and located to minimize
the casting of shadows on adjacent properties and could accommodate
future active and/or passive solar installations.
3. Compliance with Article 4 of the Land Use Code – Division 4.8,
Neighborhood Conservation, Medium Density District (NCM):
The project complies with all applicable Article 4 standards as follows:
A. Section 4.18(B)(1)(a) – Permitted Uses
The proposed use, mixed-use dwellings, is permitted in the CC zone
district and is consistent with the district’s intent to provide a combination
Staff Report – Viale Collegio 2nd Floor Remodel, MJA150007
Administrative Hearing 11-23-2015
Page 8
of retail, offices, services, cultural facilities, civic uses and higher density
housing.
5. Findings of Fact/Conclusion:
In evaluating the request for Viale Collegio 2
nd
Floor Remodel Major Amendment,
Staff makes the following findings of fact:
A. The Project Development Plan/Final Plan complies with process located in
Division 2.2 – Common Development Review Procedures for
Development Applications of Article 2 – Administration.
B. The Project Development Plan/Final Plan complies with relevant
standards located in Article 3 – General Development Standards.
C. The Project Development Plan/Final Plan complies with relevant
standards located in Division 4.18, Community Commercial (CC) of Article
4 – Districts.
RECOMMENDATION:
Staff recommends approval of Viale Collegio 2
nd
Floor Remodel, MJA150007.
ATTACHMENTS:
1. Zoning & Site Vicinity Map
2. Statement of Planning Objectives
3. Viale Collegio 2
nd
Floor Remodel Planning Document Set (site plan, floor plans,
and building elevations)
4. Walking distance from nearest MAX stop