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Sherwood Forts Project Development Plan, #110009
Administrative Hearing Findings, Conclusions, and Decision
December 20, 2011
Page 7 of 7
DECISION
The Sherwood Forts Project Development Plan, # 110009 is hereby approved by
the Hearing Officer without condition.
Dated this 20th day of December, 2011 per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
7aw*�
Ted Shepard
Chief Planner
Sherwood Forts Project Development Plan, #110009
Administrative Hearing Findings, Conclusions, and Decision
December 20, 2011
Page 6 of 7
1. Section 4.9(D) — Land Use Standards
The proposal is in compliance with this section as follows: the lot is
9,500 square feet and the minimum lot size for is 5,000 square feet
or the total area of the buildings on the lot (3,622 square feet total
floor area); the rear floor area ratio is 0.3; and the dimensional
standards are also met by this proposal.
2. Section 4.9(E) — Development Standards
The proposal complies with the applicable standards of this section
as follows: all exterior walls are at right angles to the side lot lines;
the primary entrance is located along the front wall of the existing
building; the second story does not overhang the first story walls;
the roof pitch is within the allowable pitch; the structure is 2 stories;
and the eave height is not higher than the 13' maximum.
SUMMARY OF CONCLUSIONS
FINDINGS OF FACT/CONCLUSIONS
The Sherwood Forts, PDP/FDP, complies with the applicable requirements of the
Land Use Code more specifically:
• The proposed use, expansion of the existing single-family home into a
three -unit multi -family dwelling, is permitted, subject to an Administrative
Review;
• The process located in Division 2.2 - Common Development Review
Procedures for Development Applications of ARTICLE 2 -
ADMINISTRATION;
• The standards located in Division 3.2 - Site Planning and Design
Standards; Division 3.3 — Engineering Standards; Division 3.4 —
Environmental, Natural and Cultural Standards; and Division 3.5 - Building
Standards of ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS;
and,
• The standards located in Division 4.9 — Neighborhood Conservation Buffer
District (NCB) of ARTICLE 4 — DISTRICTS.
Sherwood Forts Project Development Plan, #110009
Administrative Hearing Findings, Conclusions, and Decision
December 20, 2011
Page 5 of 7
C. Division 3.4 - Environmental, Natural and Cultural Standards
1. Section 3.4.7(A) - Purpose
The property at 617 South Sherwood Street has been determined
to not be eligible for local landmark designation. The development
plan satisfies the criteria set forth in this section in that the new
construction to be attached to the existing structure is designed to
respect the character of the site and other properties in the
surrounding neighborhood. The block face on the west side of
South Sherwood Street between West Laurel Street and West
Myrtle Street will not change with this addition; and, the majority of
the properties along the west side of this block currently have
relatively new, large residential structures on the rear of the lots.
D. Division 3.5 - Building Standards
1. Section 3.5.1 - Building and Project Compatibility
The proposed expansion will add a two-story addition to the rear of
the 1 %2 story existing structure. The neighborhood is comprised of
single -story and 1 '/ story dwellings as well as two, three-story
multi -family buildings, one across Sherwood and the other a few
lots south of the site. The proposed addition is not incompatible in
respects to size, height, bulk, mass, scale or materials with the
existing context of the neighborhood.
3. ARTICLE 4 - Districts
A. Division 4.9 — Neighborhood Conservation Buffer District
Multi -family dwellings up to four units, which propose structural
additions or exterior alterations to the existing structure, are permitted
in the NCB zone district, subject to an Administrative review. The NCB
District is:
"intended for areas that are a transition between residential
neighborhoods and more intensive commercial -use areas or high
traffic zones that have been given this designation in accordance
with an adopted subarea plan."
This proposal complies with the purpose of the NCB District as
conversions to higher densities are common in a transition area
between residential and high traffic areas such as Laurel Street and
the CSU campus.
Sherwood Forts Project Development Plan, #110009
Administrative Hearing Findings, Conclusions, and Decision
December 20, 2011
Page 4 of 7
2. ARTICLE 2 - Administration
Section 2.5.2 Final Plan Review Procedures permits final plans to be
submitted concurrently with a project development plan. This application
is a combined PDP/FDP and has followed the applicable review
procedures for each plan as contained in Article 2 of the LUC.
3. ARTICLE 3 — General Development Standards
The Sherwood Forts, PDP/FDP complies with of the applicable General
Development Standards. Of specific note are Division 3.2 — Site Planning
and Design Standards; Division 3.3 — Engineering Standards; Division 3.4
= Environmental, Natural and Cultural Standards; and, Division 3.5 -
Building Standards. Further discussions of these particular standards
follow.
A. Division 3.2 — Site Planning and Design Standards
Section 3.2.1 - Landscaping and Tree Protection
The proposal complies with Section 3.2.1(D)(1) and (2) in that "full
tree stocking" and a street tree are existing on the site. The plan
also complies with Section 3.2.1(E)(2) Landscape Area Treatment
in that all area without structure or paving is proposed to have
landscaping including foundation plantings and turf grass. The
parking lot landscaping standards from Section 3.2.1(E)(4) are met
by two new evergreen trees adjacent to the proposed 4 parking
spaces on the rear of the lot.
Section 3.2.2 — Access, Circulation and Parking
The site is located in the Transit -Oriented Development Overlay District
and, therefore, does not have any minimum parking requirements.
However, five on -site parking spaces are being provided, four off of the
alley and one in the driveway off of Sherwood Street.
B. Division 3.3 - Engineering Standards
The proposal complies with the design standards, requirements, and
specifications for the services as set forth in this section.
Sherwood Forts Project Development Plan, #110009
Administrative Hearing Findings, Conclusions, and Decision
December 20, 2011
Page 3 of 7
FACTS AND FINDINGS
EXECUTIVE SUMMARY:
The Sherwood Forts, PDP/FDP, complies with the applicable requirements of the
Land Use Code more specifically:
• The proposed use, expansion of the existing single-family home into a
three -unit multi -family dwelling, is permitted, subject to an Administrative
review;
• Common Development Review Procedures for Development Applications
of ARTICLE 2 - ADMINISTRATION;
• Site Planning and Design Standards; Division 3.3 — Engineering
Standards; Division 3.4 — Environmental, Natural and Cultural Standards;
and Division 3.5 - Building Standards of ARTICLE 3 - GENERAL
DEVELOPMENT STANDARDS; and
• The standards located in Division 4.9 — Neighborhood Conservation Buffer
District of ARTICLE 4 — DISTRICTS.
COMMENTS:
1. Background
The surrounding zoning and land uses are as follows:
N: NCB; existing residential, mix of single-family and multi -family,
some lots containing both a single-family unit on the front and a
duplex or additional residence on the rear
S: NCB; existing residential, mix of single-family and multi -family,
some lots containing both a single-family unit on the front and a
duplex or additional residence on the rear; and multi -family
dwellings, Atrium Suites and under construction Pura Vida on the
corner of Laurel and Sherwood Streets
E: NCB; existing single-family and multi -family dwellings and a CSU
business building (Rockwell Hall North)
W: NCB; existing residential, mix of single-family and two-family, some
lots containing both a single-family unit on the front and a duplex or
additional residence on the rear
This property was annexed and platted on the Original Town Plan and
replatted as Lot 12 Block 76 of the Plat of Subdivision of Blocks 76, 77,
85, 86, 87, Fort Collins in May of 1882.
Sherwood Forts Project Development Plan, #110009
Administrative Hearing Findings, Conclusions, and Decision
December 20, 2011
Page 2 of 7
NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer
established no controversy or facts to refute
that the hearing was properly posted, legal
notices mailed and notice published.
PUBLIC HEARING
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code,
opened the hearing at approximately 5:30 p.m. on December 19, 2011 in
Conference Room A at 281 North College Avenue, Fort Collins, Colorado.
HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE:
The Hearing Officer accepted during the hearing the following evidence: (1)
Planning Department Staff Report; (2) application, plans, maps and other
supporting documents submitted by the applicant and the applicant's
representatives to the City of Fort Collins; (3) a sign up sheet of persons
attending the hearing; and (4) a tape recording of the hearing. The LUC, the
City's Comprehensive Plan (City Plan), and the formally promulgated policies of
the City are all considered part of the evidence considered by the Hearing
Officer.
The following is a list of those who attended the meeting:
From the City:
Ted Shepard, Chief Planner
Steve Olt, City Planner
From the Applicant:
Mr. and Mrs. David and Alyce McElhoes
Andrea McElhoes
From the Public:
None
Written Comments:
None
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
December 19, 2011
Sherwood Forts Project
Development Plan
#110009
David and Alyce McElhoes
16605 Dancing Wolf Way
Colorado Springs, CO 80908
Same
Ted Shepard
Chief Planner
PROJECT DESCRIPTION: This is a request to create a multi -family (triplex)
dwelling on a lot located at 617 South Sherwood Street. The property currently
contains a single-family dwelling. This application is requesting the addition of
two new dwelling units to be added onto to the rear of the existing structure. The
property is located in the Neighborhood Conservation Buffer zone district and
multi -family dwellings, up to four units, are permitted subject to an Administrative
review.
SUMMARY OF HEARING OFFICER DECISION:
ZONING DISTRICT:
Neighborhood Conservation Buffer
STAFF RECOMMENDATION: Approval
Planning, Development & Transportation Services
F`otryt Collins
December 20, 2011
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Attendee of the Sherwood Forts Project Development Plan, #PDP110009,
Public Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing Findings,
Conclusions and Decision for the Project Hearing of the Sherwood Forts Project
Development Plan, #PDP110009.
Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been
mailed to the applicant and any person who attended and/or provided testimony at the
public hearing held on December 19, 2011.
This final decision of the Administrative Hearing Officer may be appealed to the City
Council, in accordance with Chapter 2, Article II, Division 3 of the City Code, within 14
calendar days of the date of final action (December 20, 2011) by the Hearing Officer.
The deadline to file an appeal is 5:00 p.m. on January 3, 2012. Guidelines explaining
the appeal process, including the Code provisions previously referenced, can be found
online at fcgov.com/cityclerk/appeals.php, or may be obtained in the City Clerk's Office
at 300 LaPorte Avenue.
If you have any questions about the attached Decision or the appeal process, please
contact me at 970-221-6343.
Sincerely,
T e
4"
Ted Shepard
Chief Planner