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HomeMy WebLinkAboutUNION PLACE/REVIVE - COMBINED MJA/FDP - FDP140032 - DECISION - FINDINGS, CONCLUSIONS & DECISIONCITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: February 2, 2015 PROJECT NAME: Union Place / Revive Major Amendment CASE NUMBER: FDP#140032 APPLICANT: Susan McFaddin Seven Generations 210 West Magnolia Street, #360 Fort Collins, CO 80521 OWNER: Revive Properties, LLC P.O. Box 720 Ogallala, NE 69153 HEARING OFFICER: Marcus A. McAskin PROJECT DESCRIPTION: This is a request for a Major Amendment to the Union Place development plan located south and west of the intersection of West Willox Lane and North College Avenue (the “Application”). The Applicant proposes to change portions of the plan (Block 2, Block 4 and Lot 1, Block 5) from 37 multi-family dwellings to 37 single-family attached dwellings (commonly referred to as townhomes). This change requires adding individual lot lines between the shared walls of the units. The architectural design of these dwellings is also being amended as well as minor adjustments to the landscape plan. The property is zoned C-S, Service Commercial District. The proposed Application is permitted in the zone district, subject to a Type One review. The Application also includes a request for a Modification of Standard to reduce the front building setbacks in Block 4 from 15 feet (15’) to nine feet (9’). Specifically, the Applicant seeks to modify Section 3.5.2(E)(2) of the Land Use Code which establishes a 15 foot (15’) setback for all residential and detached structures from any public street, other than an arterial. The request to modify the setback standard set forth in Section 3.5.2(E)(2) of the Land Use Code applies to Block 4 only. BACKGROUND AND LAND USE HISTORY: • The property was annexed into the City of Fort Collins with the North College Annexation in December 1959. It remained un-platted and unimproved until 2009. • The Union Place development plans were approved in 2009, consisting of 8 single-family homes, 30 triplex units, 37 condominiums and 14 mixed-use units. The maximum approved building height is 40 feet, with all buildings approved as 2 or 3 stories. Approximately 2 acres of the site is designated as a regional detention pond. 1 • After the 2009 plan approval, the infrastructure for the site was constructed. • A minor amendment to the 2009 plan was approved by the City in 2014. • The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Service Commercial (C-S); Single-Family Detached Dwellings Low Density Mixed-Use Neighborhood (L-M-N) South Service Commercial (C-S) North College Mobile Plaza – Manufactured Home Community East Service Commercial (C-S) McDonald’s Fast Food Restaurant; North College Car Wash and Mini-Storage West Larimer County Zoning Category “Open” (O) Brunswig Subdivision – Located in Larimer County outside of the City limits; Low Density Mixed-Use Neighborhood (L-M-N) North College Mobile Plaza – Manufactured Home Community SUMMARY OF DECISION: Approved. ZONE DISTRICT: Service Commercial District (C-S) HEARING: The Hearing Officer opened the hearing at approximately 5:00 p.m. on Monday, February 2, 2015, in Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado. 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 Union Place / Revive Major Amendment, FDP#140032; (2) Statement of Planning Objectives submitted by the Applicant dated December 17, 2014; (3) Modification of Standards Request dated December 4, 2014; (4) Applicant’s Site Plan including Landscaping Plan; (5) the Union Place Subdivision, First Replat (replat of Block 2, Block 4, and Lot 1, Block 5, Union Place Subdivision) (6) Building Elevations; (7) Notice of Public Hearing Letter dated January 16, 2015; (8) Affidavit of Publication of the Fort Collins Coloradoan dated January 21, 2015 evidencing publication of the Notice of Hearing on January 21, 2015; (9) the 2009 approved Site Plan for Union Place; (10) the 2014 approved Minor Amendment for Union Place; and (11) the PowerPoint presentation prepared by applicant for the 2 February 2, 2015 hearing (titled Revive Fort Collins: Renewable, Sustainable and Healthy) which includes site & vicinity photographs. 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 above-referenced Application 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: Jason Holland, PLA, City Planner From the Owner: Susan McFaddin, Seven Generations (address on page 1) Greg D. Fisher, Architect, 3115 Clyde Street, Fort Collins From the Public: George C. Smith, 1717 Cedar Street, Fort Collins Rob Phillips, 215 West Oak Street, #600, Fort Collins FINDINGS 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; B. the Application complies with the applicable General Development Standards contained in Article 3 of the Land Use Code; and C. the Application complies with the applicable Service Commercial (C-S) District standards contained in Article 4 of the Land Use Code, including Section 4.22(D) of the Land Use Code which states that the maximum building height shall be three (3) stories. The Application proposes both two (2) and three (3) story buildings, in compliance with this standard. 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. Based on testimony provided at the public hearing and a review of the materials submitted to the Hearing Officer is this case, the Hearing Officer also concludes that the Modification of Standard (for Section 3.5.2(E)(2) of the Code, as requested by the Applicant) meets the 3 applicable requirements of Section 2.8.2(H) of the Code. Specifically, the Hearing Officer finds as follows: A. The Modification of Standard (the “Modification”) requested by the Applicant is to Section 3.5.2(E)(2) of the Land Use Code (“Residential Building Setbacks from Non-Arterial Streets”), which states as follows (underlined for emphasis): 3.5.2(E) (2) Setback from Non-arterial Streets. The minimum setback of every residential building and of every detached accessory building that is incidental to the residential building shall be fifteen (15) feet from any public street right-of-way other than an arterial street right- of-way, except for those buildings regulated by Section 3.8.30 of this Code, which buildings must comply with the setback regulations set forth in Section 3.8.30. Setbacks from garage doors to the nearest portion of any public sidewalk that intersects with the driveway shall be at least twenty (20) feet. B. The Applicant requests the Modification to reduce the front building setbacks in Block 4 from 15 feet (15’) to nine feet (9’)1 . The Modification applies to Block 4 only; C. The Modification is not detrimental to the public good; and D. The Modification satisfies Section 2.8.2(H)(4) of the Code – the Application as submitted will not diverge from the standard set forth in Section 3.5.2(E)(2) except in a nominal, inconsequential way when considered from the perspective of the entire Application and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Specifically, the Hearing Officer notes that the Application represents an example of innovative infill development, the Application involves townhome units that are DOE Challenge Home Energy certified and therefore reduce energy consumption and demand, and that the Application encourages the development of vacant properties within the North College Urban Renewal Plan Area. DATED this 6th day of February, 2015. ___________________________________ Marcus A. McAskin Hearing Officer 1 A diagram highlighting the requested Modification is set forth on page nine of ATTACHMENT A. 4 ATTACHMENT A Staff Report (attached) 5 ITEM NO _____________1__ MEETING DATE February 2, 2015 STAFF Holland 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: Union Place / Revive Major Amendment, FDP #140032 APPLICANT: Susan McFaddin Seven Generations 210 West Magnolia Street, #360 Fort Collins, Colorado 80521 OWNER: Revive Properties, LLC P.O. Box 720 Ogallala, NE 69153 PROJECT DESCRIPTION: This is a request for a Major Amendment to the Union Place development plan located at the southwest corner of West Willox Lane and North Mason Street. The request proposes to change portions of the plan (Block 2, Block 4 and Block 5) from 37 multi- family dwellings to 37 single-family attached dwellings (commonly referred to as townhomes). This change requires adding individual lot lines between the shared walls of the units. The architectural design of these dwellings is also being amended as well as minor adjustments to the landscape plan. The property is zoned C-S, Service Commercial District. The proposed land use amendment is permitted in the zone district, subject to a Type One review. One Modification of Standard is also proposed to reduce the front building setbacks in Block 4 from 15 feet to 9 feet. RECOMMENDATION: Approval of the Union Place / Revive Major Amendment and Modification of Standard to Section 3.5.2(E)(2) Setback from Non-arterial Streets. EXECUTIVE SUMMARY: The Union Place / Revive Major Amendment (MJA) complies with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically: Union Place / Revive Major Amendment and Modification of Standard, FDP #140032 Administrative Hearing, February 2, 2015 Page 2  The MJA complies with process located in Division 2.2 – Common Development Review Procedures for Development Applications of Article 2 – Administration.  The MJA complies with relevant standards located in Division 4.22, Service Commercial (C-S) of Article 4 – Districts.  The Modification of Standard to Section 3.5.2(E)(2) meets the applicable requirements of Section 2.8.2(H), and the granting of this Modification would not be detrimental to the public good.  The MJA complies with relevant standards located in Article 3 – General Development Standards, provided that the Modification of Standard is approved. VICINITY MAP: Union Place / Revive Major Amendment and Modification of Standard, FDP #140032 Administrative Hearing, February 2, 2015 Page 3 COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Service Commercial (C-S); Low Density Mixed-Use Neighborhood (L-M-N) Single-Family Detached Dwellings South Service Commercial (C-S) North College Mobile Plaza – Manufactured Home Community East Service Commercial (C-S) McDonald’s Fast Food Restaurant; North College Car Wash and Mini-Storage West Larimer County Zoning Category “Open” (O) Low Density Mixed-Use Neighborhood (L-M-N) Brunswig Subdivision – Located in Larimer County outside of the City limits; North College Mobile Plaza – Manufactured Home Community Land Use History:  The property was annexed into the City of Fort Collins with the North College Annexation in December 1959. It remained un-platted and unimproved until 2009.  The Union Place development plans were approved in 2009, consisting of 8 single-family homes, 30 triplex units, 37 condominiums and 14 mixed-use units. The maximum approved building height is 40 feet, with all buildings approved as 2 or 3 stories. Approximately 2 acres of the site is designated as a regional detention pond.  After the 2009 plan approval, the infrastructure for the site was constructed, including all public improvements – which consist of roads, utilities and drainage infrastructure.  Two Modifications of Standard and two Alternative Compliance requests are approved with the existing Union Place development plans, as follows: Union Place / Revive Major Amendment and Modification of Standard, FDP #140032 Administrative Hearing, February 2, 2015 Page 4 o Two Modifications of Standard approved: 1. Reduction of minimum parking lot stall dimensions for a standard vehicle width from 8’ to 7’ (Section 3.2.2(L)), and 2. Reduction of minimum setback for residential buildings from arterials street ROW from 30’ to 15’ (Section 3.5.2(D)(1)). o Two Alternative Compliance Requests: 1. Landscape plan with no foundations plantings (for the mixed-use buildings) (Section 3.2.1(E)(2)(d)), 2. Reduction of lot depth along an arterial street from 150’ to 80’ (Section 3.6.2(E)).  A Minor Amendment was approved in 2014 which changed the units located in Block 1 from “Triplex” units to “Duplex” units. 2. Compliance with Applicable Service Commercial (C-S) District Standards: The project remains in compliance with all applicable Service Commercial District standards with the following relevant comments provided. Language in this staff report that is taken directly from the Land Use Code (LUC) is shown in italics, with certain relevant elements underlined for emphasis. A. Section 4.26(B) – Permitted Uses The proposed land uses remain consistent with the permitted uses in the Service Commercial District. The land uses approved with the current approved plans include:  Mixed-use Dwellings (This includes 9 dwellings and 17,000 square feet of non-residential space located in three buildings along West Willox Lane).  Two-family dwellings  Single-family detached dwellings  Multi-family dwellings (37 total) The amended plans that are proposed in conjunction with this staff report include: Changing all of the 37 multi-family dwellings located in Block 2, Block 4 and Block 5 to single-family attached dwellings. Union Place / Revive Major Amendment and Modification of Standard, FDP #140032 Administrative Hearing, February 2, 2015 Page 5 All proposed and currently approved uses are Type One uses subject to an administrative review with a Hearing Officer. B. Density, Dimensional Standards, Development Standards, Land Use Standards Section 4.22(D) of the Land Use Code (LUC). Many of the zoning districts in the City of Fort Collins have specific zone district standards related to Density, Dimensional Standards, Development Standards, and Land Use Standards. However, the C-S District has no specific Density, Dimensional Standards or Development Standards. The C-S District does have one Land Use Standard, Section 4.22(D), which states that the maximum building height shall be three (3) stories. The project proposes two and three story buildings in compliance with this standard. 3. Compliance with Article 3 of the Land Use Code – General Development Standards The project remains in compliance with all applicable General Development Standards with the following relevant comments provided: A. Section – 3.2.1 Landscaping Street trees are provided at approximately 40-foot intervals along portions of streets, private drives and connecting walkways in accordance with the standards of this section. All open space tracts, parkways and parking islands remain adequately landscaped in accordance with the minimum requirements, with deciduous shrubs, evergreen shrubs and ornamental grasses provided with adequate spacing. B. Section 3.2.2 – Access, Circulation and Parking Parking quantities for the amended single-family attached housing type are in conformance with this section, which require that 3-bedroom dwelling units provide at least two parking spaces per dwelling. This is the same parking ratio that was required with the original approval when the housing was considered multi-family. Additionally, the amended project is not proposing changes to the street system, and the majority of this infrastructure is constructed. This street system provides 86 additional parking spaces along the internal private drives. 28 of these “on- street” spaces are required for the residential units that are part of the mixed-use dwellings along West Willox Lane. The remaining 58 “on-street” parking spaces Union Place / Revive Major Amendment and Modification of Standard, FDP #140032 Administrative Hearing, February 2, 2015 Page 6 are available for the commercial component of the mixed-use dwellings as well as guest parking for the residential dwellings. In conformance with the Purpose, General Standard and Development Standards described in this section, staff finds that the parking and circulation system provided with the project is adequately designed with regard to safety, efficiency and convenience for vehicles, bicycles, pedestrians and transit. C. Section 3.5.1 Building and Project Compatibility and 3.5.2 Residential Building Standards The amended plans propose a new building elevation design for the single-family attached buildings. While there are no Residential Building Standards that specifically address materials and building form, the single-family attached building design provides variation in massing, juxtaposed materials and forms, as well as varied patterns of recesses and projections that provide vertical and horizontal interest, breaking down the overall scale of the buildings. Masonry and entrance canopies are used to define and enhance individual unit entrances. The use of materials and patterns is balanced, with colors and textures helping to emphasize and articulate overall building forms. In compliance with 3.5.2(B) Residential Building Standards – General Standard, staff finds that the proposed single-family detached building design continues to meet the standards of the section by providing adequate architectural articulation and variation, with distinctive building entrances that are oriented towards the public streets in accordance with the general standard. In compliance with 3.5.2(D) Residential Building Standards – Relationship of Dwellings to Streets and Parking, all of the single-family attached dwellings are oriented towards a street and provide a connecting walkway to the street in accordance with the standard. D. Section 3.5.2(E)(2) – Residential Building Setbacks from Non-Arterial Streets Project proposes a Modification of Standard to this section in conjunction with the amended plans. Land Use Code Standard proposed to be modified, underlined for emphasis: 3.5.2(E) (2) Setback from Non-arterial Streets. The minimum setback of every residential building and of every detached accessory building that is incidental to the residential building shall be fifteen (15) feet from any public street right-of-way other than an arterial street right-of-way, except for those buildings regulated by Section 3.8.30 of this Code, which Union Place / Revive Major Amendment and Modification of Standard, FDP #140032 Administrative Hearing, February 2, 2015 Page 7 buildings must comply with the setback regulations set forth in Section 3.8.30. Setbacks from garage doors to the nearest portion of any public sidewalk that intersects with the driveway shall be at least twenty (20) feet. Request for Modification. The applicant requests a modification to allow a front building setback of nine (9) feet. Land Use Code Modification Criteria: “The decision maker may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good, and that: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city- wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Union Place / Revive Major Amendment and Modification of Standard, FDP #140032 Administrative Hearing, February 2, 2015 Page 8 Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific findings showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (1), (2), (3) or (4). Applicant’s Justification: Applicant’s justification narrative: “Union Place is a unique green community of residential, mixed use and commercial uses. Homes within the development will be built to U.S. Department of Energy (DOE) Zero Energy Ready Home standards. They will be high performance, generating energy by geothermal and solar panel systems and will be of a mix of traditional and progressive architectural styles. Within Union Place there are three blocks of townhomes.” “The Modification of Standard request pertains to one block of such townhomes. That being Block 4. The townhomes located on the other two blocks do not encroach upon any setbacks. Furthermore, even on Block 4, the primary structures do not encroach upon the setback. The requested reduced setback is simply to accommodate low privacy walls which are attached to the primary structure and provide privacy separation between townhome units. This is represented in the following images.” Union Place / Revive Major Amendment and Modification of Standard, FDP #140032 Administrative Hearing, February 2, 2015 Page 9 Summary of Applicant’s Justification: The Applicant requests that the modification be approved and provides the following justification for Criteria 1 and Criteria 4: Criteria (1): the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested. Applicant’s Justification for Criteria 1: “This application proposes no setback modification for the primary buildings. The reduced setbacks are simply for low privacy walls which are attached to the primary buildings. The walls are approximately seven feet (7’) tall and do not result in a lot pattern or streetscape that is detrimental to the surrounding neighborhood.” Criteria(4): The plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Applicant’s Justification for Criteria 4: “The modification requests a six foot (6’) reduction in the non-arterial street setback. Fifteen feet (15’) is the standard. As stated above, the Union Place / Revive Major Amendment and Modification of Standard, FDP #140032 Administrative Hearing, February 2, 2015 Page 10 reduced setbacks are simply for low privacy walls which are attached to the primary buildings. The walls are approximately seven feet (7‘) tall and actually only encroach three feet (3’) into the prescribed setback. The greater reduction of six feet (6’) was recommended by City staff to match an existing nine foot (9’) utility easement. Since the primary buildings themselves do not encroach into the typical setback and because the privacy walls are relatively low (seven feet) and thus inconsequential, the resulting setback will provide adequate visual separation and relief from the street.” “The modification is nominal when compared to the entire development plan that provides high quality, high performing architecture that is sensitive to the character of the surrounding neighborhood, and as such is consistent with the policies of the Land Use Code described in Section 1.2.2 as follows: (B) Encouraging innovations in land development and renewal. (H) Reducing energy consumption and demand. (J) Improving the design, quality and character of new development. (L) Encouraging the development of vacant properties within established areas. (M) Ensuring that development proposals are sensitive to the character of existing neighborhoods. (O) Encouraging a wide variety of housing opportunities at various densities that are well-served by public transportation for people of all ages and abilities.” Staff Finding Staff finds that the request for a Modification of Standard to Section 3.5.2(E)(2) is justified by the applicable standards in 2.8.2(H)(4). This is because: A. The granting of the Modification would not be detrimental to the public good. B. The project design satisfies Criteria 4 (2.8.2(H)(4): The plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Staff finds that the Modification of Standard to allow a reduced front setback is nominal and inconsequential because the setback reduction is limited to the projecting privacy walls of the front building elevations. Overall, the front portions of the primary building facades comply with the 15 foot front setback Union Place / Revive Major Amendment and Modification of Standard, FDP #140032 Administrative Hearing, February 2, 2015 Page 11 standard, or exceed the standard by incorporating recessed elements within the front facades. Additionally, the reduced setback is only requested for the single-family detached buildings in Block 4, where these buildings face private drives that are located within interior portions of the site. Because of the location and limited scope of the modification, staff finds that the modification is nominal and inconsequential and that the plan continues to advance the purposes of the Land Use Code as contained in Section 1.2.2 including: (L) Encouraging the development of vacant properties within established areas and; (O) Encouraging a wide variety of housing opportunities at various densities that are well-served by public transportation for people of all ages and abilities. 4. Neighborhood Meeting A City neighborhood meeting was not required for this project and a meeting was not held. 5. Findings of Fact/Conclusion In evaluating the Union Place / Revive Major Amendment (MJA), staff makes the following findings of fact: A. The MJA complies with process located in Division 2.2 – Common Development Review Procedures for Development Applications of Article 2 – Administration. B. The MJA complies with relevant standards located in Division 4.22, Service Commercial (C-S) of Article 4 – Districts. The Modification of Standard to Section 3.5.2(E)(2) meets the applicable requirements of Section 2.8.2(H)(4), and the granting of this Modification is nominal, inconsequential when considered from the perspective of the entire development plan and would not be detrimental to the public good, because the setback reduction is limited to the projecting privacy walls of the front single-family building elevations in Block 4 and overall, the front portions of the primary building facades comply with the 15 foot front setback standard, or exceed the standard by incorporating recessed elements within the front facades. Additionally, the reduced setback is only requested for the single- family detached buildings in Block 4, where these buildings face private drives that are located within interior portions of the site. Because of the location Union Place / Revive Major Amendment and Modification of Standard, FDP #140032 Administrative Hearing, February 2, 2015 Page 12 internal to the site along private drives, and because the scope of the modification is limited to the privacy walls, staff finds that the modification is nominal and inconsequential, and that the plan continues to advance the purposes of the Land Use Code as contained in Section 1.2.2 including: (L) Encouraging the development of vacant properties within established areas and; (O) Encouraging a wide variety of housing opportunities at various densities that are well-served by public transportation for people of all ages and abilities. C. The P.D.P. complies with the relevant standards located in Article 3 – General Development Standards, provided that the Modification of Standard is approved. RECOMMENDATION: Approval of Union Place / Revive Major Amendment, FDP #140032 ATTACHMENTS: 1. Application Narrative 2. Applicant’s Modification of Standard Request 3. Site Plan 4. Landscape Plan 5. Building Elevations 6. Plat