HomeMy WebLinkAboutMALDONADO SUBDIVISION - PDP - PDP120021 - DECISION - FINDINGS, CONCLUSIONS & DECISIONMaldonado Subidvision PDP120021 (continuation from 10/15/12)
October 22,2012, 5:00 p.m. — Conference Room A
Sign In Sheet
Name (Please Print) Address Phone E-mail
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garage to be shared by the owners of both lots and is also nominal and inconsequential
because impacts are internal to the lots and results in a garage of a size and scale
compatible with the neighborhood.
The Maldonado Subdivision Project Development Plan (PDP) #120021 is hereby approved by the
Hearing Officer with the condition that the House Plan (Sheet Al) and Garage Plan (Sheet A2) both
dated 8/25/12, become an official part of the approved plans, dated this V day of November, 2012,
per authority granted by Sections 1.4.9 ( E) and 2.1 of the Land Use Code.
Sherry Alberttq-Clark, Interim Planning Manager
3. MODIFICATION OF STANDARDS
Section 4.8(D)(1) also requires that lots in this zone be at least 5,000 square feet for single-
family dwellings. A Modification of Standard to this requirement permitting two lots of less
than 5,000 square feet is requested for two lots of 4,496 and 4,497 square feet. A Modification
of Standard is also requested to Section 4.8(E)(3) and Section 4.8(E)(4), which require that
principal and accessory buildings maintain a minimum 15' rear setback and a 5' side setback.
FINDINGS OF FACT AND DECISION
In reviewing and evaluating this Project Development Plan and all supporting reports, plans,
maps, other documentation, testimony given at the public hearings, written comments
received, and the staff analysis and report, the Hearing Officer makes the following Findings of
Fact and Decision:
A. The Maldonado Subdivision, Project Development Plan is in compliance with the
applicable provisions of Article 2 of the Land Use Code.
B. The Maldonado Subdivision, Project Development Plan, complies with the applicable
standards of Article Four— Neighborhood Conservation, Medium Density District N-C-M
Zone District- of the Land Use Code.
C. The Project Development Plan complies with the applicable standards of Article Three
General Development Standards of the Land Use code.
D. The three Modifications of Standard meet the applicable requirements of Section
2.8.2(H); the granting of the Modifications would not be detrimental to the public good;
and the plan as submitted will not diverge from the standards of the Land Use Code
except in a nominal, inconsequential way when considered from the perspective of the
entire development plan.
The proposed lot split and reduced lot size is consistent with the lot pattern of the
neighborhood; the lots are not the result of a front -to -back lot split, which is expressly
prohibited in Section 4.8(F)(7); the resulting lot shape and width is consistent with the
street pattern of the surrounding area; the lot size is a fairly nominal reduction and
permits a development plan that is in compliance with and reinforces the purpose
statement of the N-C-M zone; and the resulting project enhances the established street
pattern and character of the neighborhood. The proposed 5' rear garage setback
combined with the existing privacy fence, will provide a visual separation and the
resulting rear garage setback is nominal and inconsequential, given that the
modification is limited to the proposed garage. The side setback reduction to 0' is for a
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Heidi Mickelson (letter— no address provided)
The questions and concerns raised by residents at the October 15, 2012 public hearing were addressed
by the applicant prior to, and at the October 22, 2012 hearing, resulting in the two citizens who had
previously expressed concerns about the proposal indicating no objections to the specific proposal
under consideration at the October 22, 2012 public hearing. Broader concerns were still voiced by
residents, however, about the-city's Type 1 and Type 2 hearing procedures.
EXECUTIVE SUMMARY
Single-family dwellings are a permitted use in the N-C-M zone, subject to Administrative Review and
Public Hearing, since the lot has not been part of an approved site specific development plan and is
proposed to be split into two lots. Three Modifications of Standard are requested for this PDP, to
reduce the minimum lot size from 5,000 square feet to 4,497 on Lot 1 and 4,496 square feet on Lot 2;
reduce the rear setback from 15' to 5' for the proposed garage; and reduce the side setback for the
proposed garage from 5' to 0'.
The surrounding zoning and land uses are as follows:
N, S, W: N-C-M; existing single-family residential
E: N-C-M; existing two-family residential
The site is part of the Original Fort Collins Town Site Annexation, January 1, 1873.
2. COMPLIANCE WITH LAND USE CODE
This Project Development Plan (PDP) is in compliance with the applicable provisions of Article 2
(Division 2.2 Common Development Review Procedures and Division 2.4 Project Development
Plan); and the applicable General Development Standards of Article 3 (Section 3.2.1
Landscaping and Tree Protection; Section 3.2.2(K)(1) (c)Required Off -Street Parking; and Section
3.5.1 Building and Project Compatibility).
The PDP is in compliance with applicable Sections of Article 4 (with the exceptions being the
request for three Modifications of Standard below) which are Section 4.8(B)(2)(a) - Permitted
Uses and Section 4.8(D)(1) — Density/Intensity of Development with the minimum required lot
area ratio. The PDP is also in compliance with Section 4.8(D)(4) Accessory Buildings without
Habitable Space; Section 4.8(D)(5) Floor Area ratio (FAR); Section 4.8 (E)(1) Dimensional
Standards, Minimum Lot Width; and Section 4.8 (E)(2) Dimensional Standards, Minimum Front
Yard Setback.
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Peter Haney, 505 N. Grant Avenue, Fort Collins, CO 80521
Eric Sutherland (via e-mail), 3250 Golden Currant, Fort Collins, CO 80521
CONTINUATION OF OCTOBER 15, 2012 PUBLIC HEARING
After closing public testimony at the October 15, 2012 public hearing, the Hearing Officer continued the
public hearing to a date certain, to October 22, 2012 beginning at 5:00 P.M. Conference Room A, 281
North College Avenue, Fort Collins, Colorado. The purpose of the continuation was to allow additional
time for two citizens who expressed concerns about the proposal at the public hearing to obtain
additional information on the proposal from staff and the applicant.
PUBLIC HEARING OCTOBER 22, 2012 (continued from October 15, 2012)
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the continued hearing
at approximately 5:00 P.M. on October 22, 2012 in Conference Room A, 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) a sign-up sheet of persons
attending the hearing on October 22, 2012; (2) written comments submitted by property owners and
residents at the hearing; and (3) a tape recording of the hearing. The Land Use Code, the City's
Comprehensive Plan (City Plan) and the formally promulgated policies of the City are also considered
part of the evidence considered by the Hearing Officer.
The following is a list of those who attended the October 22, 2012 hearing:
From the City:
Jason Holland, City Planner
From the Applicant: Christine A. Maldonado and Dennis Sovick of Sovick Design Builders
From the Public:
Bruce Brown, 425 N. Whitcomb Street, Fort Collins, CO 80521
Jerry Gavaldon, 1252 Solstice lane, Fort Collins, CO 80525
Carol Gyger, 425 N, Whitcomb Street, Fort Collins, CO 80521
Eric Sutherland, 3520 Golden Currant, Fort Collins, CO 8052
Written Comments Received at the Hearing held October 22, 2012:
Jim Finnell, 2630 Covington Court, Fort Collins, CO 80526
Ian Schneider (via e-mail)
Gary Schroeder (via e-mail)
John Litschert (via e-mail)
Mary Pat Aukema (via e-mail), 521 Sycamore Street, Fort Collins, CO 80521
Jeff Hendershot (via e-mail)
Nancy DuTeau and Bill Black (via e-mail), 520 N. Sherwood, Fort Collins, CO 80521
Laura Butler, (via e-mail) Unit 34 River Rock Commons, Fort Collins, CO 80521
Bonnie Sarah Spencer and Catherine Anderson (via e-mail), 130 N. Mack Street, Fort Collins, CO 80521
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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 on October 15; (4) written comments submitted by property owners and residents prior to or at
the hearing; and (5) a tape recording of the hearing. The Land Use Code, the City's Comprehensive Plan
(City Plan) and the formally promulgated policies of the City are also considered part of the evidence
considered by the Hearing Officer.
The following is a list of those who attended the October 15, 2012 hearing:
From the City:
Jason Holland, City Planner
Andrew Gingerich, Civil Engineer I
Sarah Burnett, Neighborhood Development Review Liaison
From the Applicant: Christine A. Maldonado and Dennis Sovick of Sovick Design Builders
From the Public:
Jerry Gavaldon, 1252 Solstice Lane, Fort Collins, CO 80525
Terence Hoaglund, 6242 Brewer Drive, Fort Collins, CO 80524
Gerry Mortellaro, 525 Sycamore Street, Fort Collins, CO 80521
Helen Everhart, 521 Sycamore Street, Fort Collins, CO 80521
Don Flick, 520 N. Sherwood Street, #14, Fort Collins, CO 80521
Tom Griggs, 520 N. Sherwood Street, #12, Fort Collins, CO 80521
Brenda Miles, 425 N. Sherwood Street, Fort Collins, CO 80521
John Litschert, 2918 Dean Drive, Fort Collins, CO 80521
Bruce Brown, 425 N. Whitcomb Street, Fort Collins, CO 80521
Chadrick Martinez, 1715 W. Mountain, Fort Collins, CO 80521
K Lynn Cameron, 512 Sycamore Street, Fort Collins, CO 80521
Carol Gyger, 425 N. Sycamore Street, Fort Collins, CO 80521
Kathy Lambert, 415 Sycamore Street, Fort Collins, CO 80521
Eric Sutherland, 3520 Golden Currant, Fort Collins, CO 80521
Written Comments Received Prior to and at the Hearing held October 15, 2012:
Kristin Kjer, Jopshua Beck & Maya Beck-Kjer, 610 Cherry Street, Fort Collins, CO 80521
Carol Gyger and Bruce Brown, 425 N. Whitcomb Street, Fort Collins, CO 80521
River Rock Cohousing Community (letter signed by Margaret Graham Unit 31; Raedene Combs Unit 17;
Don Flick Unit 14; Ada Mishler Unit 27; Arlene Hoffman Unit 20; Henry Sedke Unit 20; Andrea Schweitzer
Unit 19; Judith Christy Unit 32; Carol Seger Unit 24 — no address provided)
Wirt Wolf, 419 N. Whitcomb Street, Fort Collins, CO 80521
Andrea Schweitzer, 520 N. Sherwood Street, Fort Collins, CO 80521
Chadrick D. Martinez, Fort Collins Housing Authority, 1715 W. Mountain Avenue, Fort Collins, CO 80521
Mike Sportiello (e-mail)
Beth Tropman & Jack Mullen, 233 N. Loomis Avenue, Fort Collins, CO 80521
►1
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
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CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
October 15,2012 continued to October 22, 2012
Maldonado Subdivision Project Development Plan
#120021
Christine A. Maldonado
412 North Whitcomb Street
Fort Collins, CO 80521
Same
Sherry Albertson -Clark, Interim Planning Manager
This request is to subdivide and plat an existing lot into two separate lots for property located at 412
North Whitcomb Street, zoned N-C-M Neighborhood Conservation, Medium Density District. Lot 1 is
proposed to be 4,497 sf and Lot 2 is proposed to be 4,496 sf. There is an existing home on the
proposed Lot 1. Three Modifications of Standard accompany this request.
ZONING DISTRICT: N-C-M Neighborhood Conservation, Medium Density District
STAFF RECOMMENDATION: Approval
SUMMARY OF HEARING OFFICER CONCLUSIONS
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 OCTOBER 15, 2012
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at
approximately 4:00 P.M. on October 15, 2012 in Conference Room A, 281 North College Avenue, Fort
Collins, Colorado.
1
Planning, Development & Transportation Services
,.F,o�`'�rt� Collins
of
November 1, 2012
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
tcgov.com
Attendee of the Maldonado Subdivision Project Development Plan, #PDP120021,
Public Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing Findings,
Conclusions and Decision for the Public Hearing of the Maldonado Subdivision Project
Development Plan, #PDP120021.
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 hearings held on October 15, 2012 and October 22, 2012.
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 (November 1, 2012) by the Hearing Officer.
The deadline to file an appeal is 5:00 p.m. on November 15, 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 970-224-6174.
Sincerely,
i
i
Sherry Albe on -Clark
Hearing Offi r
Interim Planning Manager