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HomeMy WebLinkAboutBLOCK 24 CHERRY STREET STATION - Filed GC-GENERAL CORRESPONDENCE - 2006-09-20Cultural, Library, and Recreational Services Park Planning and Development Division Citv of Fort Collins DT: August 15, 2005 TO: Marc Virata, Civil Engineer FR: Craig L. Foreman, Manager Park Planning and Development RE: Cherry Street Station Project This memo from Park Planning and Development is a "letter of intent" to grant a sanitary sewer easement to the Cherry Street Station Project across a portion of Lee Martinez Park. The City's Right -of -Way Division will work with the developer on the easement. City Council will have to approve the easement. Construction should be coordinated with Park Maintenance staff and myself. The City should receive two weeks notice before construction begins on the park property. Park property must be restored to existing conditions after construction with City approval. Cc: Helen Matson 215 North Mason Street • 3rd Floor • PO. Box 580 • Fort Collins, CO 80522 -0580 • (970) 221-6360 • FAX (970) 221-6586 There are no known wetlands or natural areas either on or adjacent to the site. Additionally, the developer proposes a density that is consistent with the zoning on the property, which is Community Commercial River Corridor (CCR). (viii) Written narrative addressing each concerrAssue raised at the neighborhood meeting(s), if a meeting has been held. The proposed uses for this PDP are type 1 uses; therefore no neighborhood meeting is required. (ix) Name of the project as well as any previous name the project may have come through conceptual review with. The project went to Conceptual Review on October 18, 2004, and was referred to as a "mixed use, mostly residential project on the north side of Cherry Street between College and Mason." Interoffice Memorandum Date: 07/28/05 To: Don Bachman, City Engineer Thru: Sheri Wamhoff, Development Review Manager From: Marc Virata, Development Review Engineer RE: Variance Request for Cherry Street Station Interwest Consulting Group, on behalf of MTA Architects has submitted a variance request pertaining to the Cherry Street Station development. This request dated July 26, 2005 is in regards to driveway approach grade criteria as specified in Chapter 8 of the Larimer County Urban Area Street Standards (LCUASS). It is my opinion that this variance request can be supported. The variance request is in response to a driveway approach that connects to Cherry Street. The driveway leads to underground parking proposed for the development. Currently, a grade of 4% is proposed for a distance of 35 feet behind the flowline, where 4% is required for a distance of 65 feet per Figure 8-17 of LCUASS. I agree with the rationale provided by Interwest in granting the variance request. The intent of the 4% requirement of Figure 8-17 in minimizing steep slopes at drive approaches, is to reduce the likelihood of drivers having difficulty entering and exiting the driveway in winter (icy) driving conditions and to also better ensure that drivers can more easily stop behind the sidewalk should a pedestrian be crossing the driveway. A 4% slope for 35 feet is relatively level area for vehicles to traverse behind the sidewalk and long enough length for a vehicle to stop within the 4% grade to adequately address the winter condition and pedestrian conflict situation noted previously. It is difficult to envision the standard being met (a distance of 65 feet) given the amount of area the site has to work with in creating the underground parking. In addition, it appears that the granting of the variance request should not be detrimental to the public good as 35 feet at 4% provides adequate length for vehicles to stop and react. Please let me know if I can provide any additional information. WRITTEN NOTICE OF APPEAL SEp2 1 2 TO THE CITY CLERK OFCLERt` THE CITY OF FORT COLLINS 1. Action Being Appealed: Hearing Officer Denial of Cherry Street Station PDP, Current Planning File #9-05 2. Date of Hearing Officer Action:. September 16, 2005 3. Names, Addresses, Telephone Numbers and Signature of All Appellants (With Description of How They are a Party -in -Interest): Mikal S. Torgerson (Co -applicant, and Owner of an Interest in M. Torgerson Architects 223 North College Avenue Fort Collins, CO 80524 (970) 416-7431 e� Signature Property) RECEIVED CURRENT PLANNING 4. Grounds for Appeal Including Specific "Allegations of Error" Pursuant to Section 2-48 of the City Code, and a Summary of the Facts Contained in the Record on Appeal Supporting the Claims (of our "Allegations of Error"): Relevant laws were not properly interpreted and applied as follows: Alleaation of Error #1: The Hearing Officer finds that the applicant has proposed a four-story building. We allege that the Hearing Officer did not apply the Land Use Code properly, and when the Land Use Code is applied properly, the building qualifies as a three-story building. Facts Contained in the Record Regarding "Alienation of Error #1": (a) Floor Plans are not necessary during the review of the PDP in order to ensure the building is 3 stories. Section 2.4.2(C) Step 3 of the LUC that states that the submittal requirements for a PDP are listed in the "development application submittal master list." This master list doesn't list floor plans as a required PDP submittal item. Section 2.7(C) Step 3(C) of the LUC states that "an application for Building Permit shall include all items, materials and document that are required by the adopted Uniform Building Code." This would include floor plans. Section 2.7.3(H) Step 8 goes on to explain "an application for a Building Permit shall be reviewed for compliance with the site specific development plan, " or in other words, a Building Permit application will be reviewed for compliance with the PDP approval. Ok auk,, P� through the PDP. Any of the input of these consultants might require the need for the floor plans to change dramatically, and we need the flexibility to do so. Also, we need the flexibility to adapt floor plans of any of the units based on preferences of the buyers. The exact configuration of our mezzanines is related to the interior floor plan design, not the building exterior, and not PDP related issues. There really isn't a reason to make a building permit issue into it a PDP issue. It is our understanding that floor plans have never been required to be reviewed as part of a PDP application in the history of the Land Use Code, there is no reason to single our project out and arbitrarily start. (b) As proposed and submitted to Current Planning, the floor plans for the third story include a mezzanine that absolutely does qualify as a mezzanine, and the building is therefore a 3-story building. We discussed the design of our mezzanines with two of the plans examiners from the Building Inspection office (Rick Lee & Russ tiojrtl), the Director of the Building and Zoning Department (Felix Lee), and the Director of Community Planning and Environmental Services (Greg Byrne), and they all concur that as designed, they are mezzanines, and we have a 3 story building. (c) The Hearing Officer report correctly points out that 3.8.17(A)(2)(a) restricts a mezzanine to 1/3 of the total area of the floor below it. The Hearing Officer report then goes on to incorrectly state, "In other words, no less than two- thirds of the main floor must be open to the full height of the ceiling above it." The "in other words" phrase adds attributes to the LUC language that the code does not say or even imply. In fact neither The New Illustrated Book of Development Definitions nor the Webster's Third New International Dictionary support the Hearing Officer's expanded definition of mezzanine. The hearing officer has simply provided an incorrect interpretation of the code language. To further exemplify this point, even fully enclosed mezzanines are allowed under both the UBC and the LUC. Rick Lee of the Building Inspection office confirms that an enclosed mezzanine is so common that the ICBO (international Council of Building Officials) host lectures on this very subject. Mr. Lee has personally attended such conferences. Alleviation of Error #2: The Hearing Officer concludes that a maximum height of seventy (70) feet does not comply with Section 3.5.1(C) and does not meet the criteria in Section 3.5.1(G). We allege that the Hearing Officer did not apply the Land Use Code properly, and when the Land Use Code is applied properly, the proposed building with a 55 foot cornice with a maximum height of seventy (70) feet in a pediment feature does comply with both 3.5.1(C) and the criteria in Section 3.5.1(G). Facts Contained in the Record Regarding Allegation of Error #2: (a) Regarding whether or not Cherry Street Station PDP complies with LUC Section 3.5.1(C) as it relates to building compatibility, the Hearing Officer says that the site is bounded on two sides by POL zoned land and is the southern -most end of the CCR district. The Hearing Officer goes on to say lighting standards in the LUC. The fagade is primarily brick and the windows are proposed to be clear glass, therefore the building will not create much glare. The Cherry Street Station building will cast shadows on railroad right-of-way, City -owned park land, and city - owned land along College Avenue, and on a small portion of an automobile sales lot. Snow and ice doesn't affect a train's ability to operate, therefore there will be no adverse impact on adjacent properties regarding the project's contribution to additional accumulation of snow and ice during the winter. There are no windows or gardens on adjacent properties that will be affected. Privacy. The attached exhibit D was presented at the hearing as part of the Powerpoint presentation. The level of privacy in the neighborhood will be maintained by the open space inherently surrounding the building. No residential area is adjacent to the Cherry Street Station site and properties nearest the building are businesses, which would not be affected by the standards of privacy set forth here. There is a mixed - use project under construction about 400 feet to the west of the project called Mason Street North. Our building is triangular, and oriented in a way that none of it's facades are oriented toward Mason Street North. Neighborhood Scale. The attached exhibits E & F were presented at the hearing as part of the Powerpoint presentation. Our building is located in the CCR zone district. It is proposed to be a 3 story building, roughly 55 feet from the ground to the cornice line, and roughly 70 feet to the tallest point on the roof peak. The site is over 700 feet away from the top of the bank of the Poudre River, and another 150 feet to the river itself. The site is currently surrounded by railroads, vacant properties, City - owned park -related properties, and redevelopable properties. The block directly south of the site currently has a fast food restaurant, a vacant tire store building, and an operational tire store building. This block south of our site is zoned Downtown, and is designated in the Downtown Strategic Plan as being appropriate for a building 115 feet tall. Block 33, southwest of our site houses the trolley barn, and is otherwise primarily vacant. Block 33 is also zoned Downtown, and is designated in the Downtown Strategic Plan as being appropriate for a building 80' tall. The Mason Street North Project, zoned LMN, is currently under construction, and is located just over 400' west of our proposed building, across two railroad tracks, a public street and a vacant parcel. The buildings in Mason Street North are 39' tall at the peak. North, across two railroad tracks from our site, abutting College Avenue is a used car sales and auto repair business in the CCR zone district. Both of these uses are non -conforming to the CCR zoning district, therefore this property is zoned for redevelopment. Our proposed building acts as a transition. The river transitions into the redevelopment sites in the CCR zone just north and northeast of our site. Our site transitions between said redevelopment sites and the block south of us. a r ���, �' C 7;� �� i it £ 1 �� r� I' i � � !. � ` s ,' � , �� \ _ �"�'`,A � ;k�, �. k � , d 1 vim i �3 - ��� } k< =*4 t � dl �� No Text No Text 1 N51 FELSBURG r4HOLT & ULLEVIG P►�w ViRPr �y ransmrttal engineering paths to transportation solution To: Date: -::T�k,A C-^ Of..G4 illwt Address: ZSi'l lJ - Ca (l- Pd (SDV- �K-1S -vS Project: ivD.Z &-(�(�FHU Project # Subject Th following items are transmitted: via: Herewith Under Separate Cover ❑ Courier U.S. Mail Ja Overnight Delivery ❑ Item Copies Descri tion/Remarks Comments: The above items are submitted: At your request ❑ For your review ❑ For your files ❑ For your approval ❑ For your action ❑ For your information cc: Sender: 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel 303.721.1440 fax 303.721.0832 www.fhueng.com info@fhueng.com 08/15/2005 15:37 FAX 570 416 7435 M.TOROERSON ARCHITECTS Z 002/004 08/15/2005 14:52 3037210832 MFELSBURG r4HOLT & ULLEV I G FELSBURGHOLT&ULLEVIG engineering paths to transportation solutions August 15, 2005 Mr, Troy Jones M, Torgerson Architects 223 N. College Avenue Fort Collins, CO 80924 RE: North College Avenue Improvements FHU Project No. 02-180 Transfer of CADD/Electronic Files Dear Mr. Jones, PAGE 02 At the request of the City of Fort Colllna, we are providing electronic files to you for the above referenced project for your convenience and use in your work associated with North College Avenue, subject to the following terms and conditions: Our electronic files are compatible with AuteCAD 2004. We make no representation as to the compatibility of these files, with your hardware or your software beyond the specified release of the referenced specifications. The electronic files / drawings being furnished to you are as shown on Page 3 of this document Data oontalned on these electronic files was part of our Instruments of service for the City of Fort Collins. Any other use or reuse by you or by others will be at your sole risk and without liability or legal exposure to Falsburg Holt & Ullevig (FHU) and the City of Fort Collins (City), By accepting these files, and signing below, you agree to make no claim and hereby waive, to the fullest extent permitted by law, any claim or cause of action of any nature against FHU and the City, our officers, directors, employees, agents or su bconsultants that may arise out of or in connection with your use of the electronic files, Furthermore, you shall, to the fullest extend permitted by law, indemnify, and hold FHU and the City harmless against all damages, liabilities or costs, including reasonable attomeys' fees and defense costs, arising out of or resulting from your use of these electronic files. Slnce the project Is now complete, these electronic files may not necessarily reflect the actual as -constructed conditions, and as such we make no representation regarding the accuracy or 6.300 Snurh Syracuse Way, Suite 600 Centennial, CO 801.11 tnl 303.721.1440 fax 303,721.0832 www.fhueng.com infeQfhucng,com C (NCOLLEGEHIBLERRIEGERTCE.WPD 3/24/031 TEMPORARY CONSTRUCTION KNOW ALL MEN BYTHESE PRESENTS: That J. RIEGER, of the County of Larimer and State of Colorado, College Avenue, Fort Collins, Colorado ("Grantors"), in con. ($10.00) in hand paid, receipt of which is hereby acknowled valuable consideration, do hereby grant, bargain, sell and con COLLINS, a Colorado m..,,;cipal corporation, whose addrei Fort Collins, Colorado ("Grantee"), a temporary construction construction of Federal Aid Project No. AQC 2873-117 and f North College Avenue and Jefferson Street/Riverside Av "Project"), as shown on Exhibit'7% together with all rights and I or incidental to the reasonable and proper use of such easemer and across the tract of land as described on Exhibit "TCE" (the to the following terms and conditions: 1. Grantee's use of this Easement shall allow the use of to the Grantors Property at all times during the Project. It is further understood thatthe easement described h completion of the construction of the Improvements by the event later than July 1, 2004. AND THE UNDERSIGNED, for themselves and their s hereby covenant and agree that until termination of this structures or improvements shall be placed on said easement successors or assigns and that said use of such easemc obstructed or interfered with and the City of Fort Collins agi recording of this easement to restore the premises to a compar when this easement was granted. WITNESS OUR HAND(S) AND SEALS) thisladay of GRANTORS: J HMeryyDs Mike Rieger HIBLER and MICHAEL ose address is 425 N. ration of Ton Dollars I, and other good and to the CITY OF FORT > 300 LaPorte Avenue, cement for use sct No. STA 0142-039 e Improvements (the leges as are necessary and to, over, and under sementArea"), subject vehicular access point terminates 30 days after of Fort Collins, but in no :essors and assigns, do sement, no permanent the undersigned or their shall not otherwise be s by acceptance and/or le condition as they were 2003. 08J15/2005 15:37 FAX 970 416 7435 M.TGRGERSGN ARCHITECTS fm 003/004 08/15/2005 14:52 3027210532 FELSBUFrSHOLT&LILLEV I G PAGE 03 North College Avenue improvements CADD / Electronic Files August 15, 2005 Page 2 of 3 completeness of the electronic files you receive. You are hereby advised to verify and conflrm the actual construoted field conditions when making use of these files and data. Because information presented on the electronic files can be modified, unintentionally or otherwise, we reserve the right to remove all indicia of ownership and/or involvement from each electronic display. Under no circumstances shall delivery of the electronic files for use by you be deemed a sale by us, and we make no warrantles, either express or Implied, If merchontabllity and fitness from any particular purpose. In no event shall we be liable for any loss of profit or any consequential damages as a result of your use or reuse of these electronic files. FELSBURG HDLT & ULLEVIG M. - —0 r1l + r • TITLE: Sr, 4 ZSJwe ✓ TITLE DATE: �'- / 5 — d S CC: Mr. John Lang, PE / City of Fort Collins DATE: $/I00 08115/2005 15:38 FAX 970 418 7435 00/15/2005 14052 3037210832 M.TORGERSON ARCHITECTS FELSSURGHOLT&ULLEVIG 2 004/004 PAGE 04 North College Avenue Improvements CADD I Eleotronlo Files August 15, 2005 Page 3 of 3 Autocad Drawings for the North College AVama Improvements Horder.dwg 05/25/2004 01:13 PM Design.dwg 08/09/2004 09:29 AM Drain.dwg 08/31/2004 12:22 PM HCL.dwg 05/25/2004 01:12 PM HCLcurh.dwg DE/03/2004 10:16 AM prsliminAry toes,dwg D0/11/2004 11:09 AM R00230PLN02.dwg 02/28/2005 10:43 AM R00230PLN05.dwg 02/17/2005 02:55 PM ROW.dwg 05/25/2004 01:12 PM 9heetMapkey.dwg 05/25/2004 01:12 PM eit:e.dwg 05/25/2004 01:12 PM Topo.dwg 05/25/2034 01112 PM Xutil.dwg 00/31/2004 12:23 PM Sent By: CITY RIGHT OF WAY; 970 418 2209; Feb-1-08 2:45P11; Page 3 L. OF OM M )ss COUNTY OF A 7L ) The foregoing instrument was acknowledged before me 2003, by Jack Hibler, as Grantor. Witness my hand and official seal. My Commission expires: r � Notary Public STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was acknowledged before 2003, by Mike Rieger, as Grantor. Witness my hand and official seal. My Commission expires:` 9SHAVIN GRIMES NOTARY PUBLIC XN Public STATE OF COLORADO My CAIMUSSiw1 Ea piror Aug. 1, 20.05 day of -5, 0011L oy: 6117 M1UM1 Ut WAY; w1w 410 dduwi ; Page wiu j EXHIBIT 'TC8' Page 1 of 3 LOCATION SKETCH HIBLER AND RIEGER T i jcV nQ 1D N89-36'03"W-60.00' 2Q 50023'57"W-105.93' 1 03 S00'23'57'W-46.07' ® N89-36'03'W-38.3-r 05 N40'11'14"E-59.95 j ! -� TTI •' 0 CHD-N07.39'41'W R-930.37' (2) N86-03'26"E-22.50' m (g) 581'56'34"E-30.00' 90 S48'05'02"E-26.40' ® N00'20'04'E-5.00' i� (0) CHO-S1124'13"E SQMCIONNTT 21441. O.FT. • 5.11' R-980.37' ® N89'36'03"W-13.01' ® N40-11-141-64.66' I I ® ® ® S89.36'07"E-10.00' ® S00'23'57'W--48.00' a �r • :`/ HIBLER da RIEOER TRACT ACT 9062 so. 3 • /� 1i1 h r. in i' TEMP, CONST, Nut EASEMENT 871 SOFT. bbc4 '. i SB9-39'56"E-173.76' N89'39'S6"W-17a.19' S11i.6' S1.28' 60.00' N89'39'56"W SE CC THIS TAE ACK CHERRY STREET B101 N DUPO T T oROPFM OOM MdI OILY. AND 00 NOT NEPREMT A MONUMENTED BOUNOMY SURVEY. NE CORNER 11-7-69 LJLJ W J W O� U Z W = Q H Z N NTS OECEMBER 24. 2002 MMIDIT •Tea• Page 2 of 3 DESCRIPTION OF PARCEL NO. TE11 PROJECT NO. STA AND RIEGER TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement being Parce Department of Transportation, State of Colorad 0142-039, located in the Northeast quarter of Se North, Range 69 Went of the Sixth Principal Mar Collins, Larimer County, Colorado, the said easet in Block 24 City of Fort Collins, the said portion of that certain tract of land described recoraeu wuvembui , !. 99 at Reception No. 991C Clerk and Recorder of the said Larimer C particularly described as follows; 42-039, THE HIBLER No. TE11 Ot the Project No. STA tion 11 Township 7 iian, City of Fort nt is also located Lsement is also a . a Quit Claim Deed 941 records of the arty, being mure Considering the east line of the said northeast:; quarter of Section 11 as bearing North 00 degrees 23 minutes 57 seconds East between a found 3° brass cap monument at the east quarter.; corner of the said Section 11 and a found 3 1/41, brass cap monument, at the northeast corner of the said section 11, based upon G.P.S. observation; Commencing at the northeast corner of the said THENCE along the said east line of the nor 00 degrees 23 minutes 57 seconds West for a dim to the easterly prolongation of the south line THENCE along the said prolongated line, south line of Block 24, North 89 degrees 39 mi for a distance of 162.44 feet to the east li: described at Reception No. 99100941 and to BEGINNING of this description; THENCE continuing along.the said south li 89 degrees 39 minutes 56 seconds West for a dim THENCE leaving the said south line, North 04 seconds East for a distance of 5.00 feet; otion 11; ast quarter, South ce of 1406.96 feet the maid Block 24; id along the said es 56 seconds West of the said tract he TRUE POINT OF of Block 24, North .ce of 174.79 feet; degrees 20 minutes THENCE south a9 degrees 39 minutes 56 *econds East for a distance of 173.76 feet to the said east line of "the tract described at Reception No. 99100941; THENCE along the said east line along a r the loft having a radius of 980..37 feet a c degrees 17 minutes 54 seconds and an arc length subtended by a chord of South 11 degrees 24 min - for a distance of 5.11 feet to the point of be. 871 square feet more less. The above described tract is subject to all ways now existing or of record. I hereby state that the above description was true and correct to the best of my professic and opinion. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 -tangent curve :ral angle of )o 5.11 feet, being s 13 seconds East ning. Containing and rights of cared by me and is knowledge, belief '�r,;,,- 03 INTERWEST ■ CONSULTING G R O U P July 26, 2005 Mr. Don Bachman City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, CO 80522 Re: Cherry Street Station Dear Don: Please consider this as the Variance Request for the driveway approach grade at the private drive entrance for the Cherry Street Station development. In particular, we request a variance to reduce the 65-foot minimum distance from Cherry Street's northern flowline at a maximum grade of 4% as required by Larimer County Urban Area Street Standards (LCUASS) Figure 8-17, dated 8/7/00. We are adhering to the initial maximum grade of 4% for a distance of approximately 35- feet behind the northern flowline of Cherry Street. It is our opinion that this distance is an adequate landing area to accommodate a standard size passenger vehicle waiting to turn onto Cherry Street. Due to this development providing underground parking, we have designed a ramp with a maximum 10% grade, which starts 35-feet north of the flowline. With this letter we would like to request a variance to allow a 35-foot landing at no greater than 4% from the northern flowline. Therefore it is concluded that a variance to allow a 35-foot minimum distance as measured from flowline of Cherry Street at a maximum grade of 4% will not compromise the health, welfare, and safety of the public. It is respectfully requested that the above variance be granted. If you have any questions or need additional information, please do not hesitate to contact me at 970.674.3300, ext 106. oPPp0 REG/S r Sincerely, vo��PT Afz ; P 16-wl �i 33441 r to¢ Robert Almirall, P.E. 90,`•., ; • �, SGNAL ENG\ 1218 W_ ASH, STE. C WINDSOR, COLORADO 80550 �IL_910.67a 3308 no- 9)0.67,, 303 Statement of Planning Obiectives — Cherry Street Station P.D.P. (i) Statement of appropriate City Plan Principles and Policies achieved by the proposed plan, Principle HSG-1: A variety of housing types and densities will be available throughout the urban area for all income levels. Cherry St. Station fulfills a need in the Old Town area for residential properties. Policy EXN-1.41nfill Development and Redevelopment-InfilUredevelopment policies, standards, and procedures will apply to proposals for such activity in designated areas ... For parcels under twenty (20) acres, such infill and redevelopment activity will be supported if designed to complement and extend the positive qualities of surrounding development and adjacent buildings... Compatibility with these existing elements does not mean uniformity. Forms of potential infill development include: The addition of new dwellings on vacant lots and other undeveloped parcels... This development project will complement traditional 'Old Town' architecture as well as extend the 'Old Town' environment further north along College Ave. It is noted that this development is not expected to be uniform with other buildings in this area, but the architecture will coordinate. Principle DD-1: The Downtown will provide a balanced mix of land use activities. Cherry St. Station is within itself a mixed -use building that will incorporate both commercial space and residential lofts. Policy DD-1.1 Land Use -Basic land use activities will be clustered in distinct and compact sub -districts ... A mix of complementary and supportive land uses will be encouraged... This project is continuing an existing cluster of residential uses in the Downtown area of Fort Collins as well as adding a 'complementary/supportive' use in the commercial component of the development. Policy DD-1.5 Housing -The City shall encourage apartments, loft units, single room occupancy (SRO) units, and uses of similar character, on upper floors of buildings in the Old City Center sub -district. This project furthers this policy because it contains apartments and/or loft residential units, the majority of which are on the upper floors of the building. Principle DD-3: The design of streets, parking areas, public spaces and buildings in the Downtown shall reinforce the unique and distinctive character of the Downtown. The parking component of this development is below grade and therefore nearly fully hidden from view, which prevents it from detracting from the Old Town atmosphere. Additionally, along Cherry Street, the building fagade and relationship to the street/pedestrians has an urban feel, which is also reminiscent of the majority of Downtown. Policy DD-3.1 Character of Downtown -the visual distinctiveness of Downtown and its component sub -districts will be maintained and reinforced. The architecture of Cherry St. Station draws from historic depots as well as from the Historic Power Plant, located right here in Fort Collins. With these as design influences, the building will enhance the 'visual distinctiveness of this area. Policy DD-3.2 Architectural Elements Based on Human Scale -Human scale design and architectural elements will be encouraged in Downtown. The two main entrances to this development (along Cherry Street and on the east side of the building) will both have awnings as well as entry stairs that will also serve as an entry feature. Policy DD-3.3 ...Enhancing visual continuity and sense of place through the use of building materials and design features sensitive to the character of Downtown... The exterior materials on Cherry St. Station will consist of brick and either stone or cast stone. Also, the windows and doors will be reminiscent of traditional storefronts within the Downtown area. Policy DD-3.5 Public Safety -The design of buildings, parking areas and streets will provide a sense of security and safety for users. Adequate lighting, visibility and location of facilities collectively shall add to a secure 24-hour environment for employees, students and visitors. This project will comply with all city regulations on exterior lighting for both aesthetic and safety reasons. Additionally, the sub -grade parking structure will be fully secure and accessible to building residents only for safety and security reasons. 00 Description of proposed open space, wetlands, natural habitats and features, landscaping, circulation, transition areas, and associated buffering on site and in the general vicinity of the project. This property does not have any wetlands or natural habitats and features on site. Several mature Austrian Pines are found on the site, some within the proposed building's footprint as well as outside of it. The Developer expects to save the majority of these trees, which tentatively includes relocating five of them. Furthermore, the landscaping consists of street trees along Cherry St. and foundations plantings as required. Circulation within the project consists of the entrance to the sub -grade parking structure as well as the pedestrian level building entrance along Cherry St. An auxiliary entrance, incorporating an ANSI compliant ramp, is proposed on the east side of the building. The development site is in the Community Commercial River Corridor (CCR) zone district, and therefore buffering will be sensitive to the Poudre River but not intensive due to the separation created by the Burlington -Northern railroad tracks on the west side of the property. (fii) Statement of proposed ownership and maintenance of public and private open space areas; applicant's intentions with regard to future ownership of all or portions of the project development plan. As this is a mixed -use project, there are several variations of maintenance and ownership within the building. The commercial unit will be sold to an individual business owner, and each residential unit will be sold to individual homeowners. The land, building exterior and parking structure will be owned and maintained by the condo association. (iv) Estimate of number of employees for business, commercial, and industrial uses. This project incorporates 1 commercial condo unit. The unit is expected to have not more than 3 employees during any one shift. It will be a for -sale commercial condo, marketed to businesses with a minimum of client visits and walk-in business. (v) Description of rationale behind the assumptions and choices made by the applicant. The City of Fort Collins Comprehensive Plan (City Plan) states that promoting infill over the development of virgin farmland at the periphery of the community is a goal of the City. This project is on an infill site. Additionally, City Plan encourages the enhancement of the downtown area as well as encourages the provision of additional housing in Downtown, both of which are accomplished by this project. We see this project as a win -win between the developer and the City. NO The applicant shall submit as evidence of successful completion of the applicable criteria, the completed documents pursuant to these regulations for each proposed use. The Planning Director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any variance from the criteria shall be described. As you can see, our submittal addresses the applicable criteria in the Land Use Code, the Larimer County Urban Area Street Standards, the City Code, and the City's Stormwater regulations. (vii) Narrative description of how conflicts between land uses or disturbances to wetlands, natural habitats and features and or wildlife are being avoided to the maximum extent feasible or are mitigated.