HomeMy WebLinkAboutOLD TOWN NORTH SUNTERRACE TOWNHOMES - MAJOR AMEND./REPLAT - 16-09 - DECISION - CORRESPONDENCE-HEARINGAdministrative Public Hearing Sign -In
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Old Town North Sunterrace Townhomes, Major Amendment
Administrative Hearing (File # 16-09)
Findings, Conclusions, and Decision
August 14, 2009
Page 6 of 6
SUMMARY OF CONCLUSIONS
A. The Replat results in an increase of 13 dwellings which exceeds one -
percent of the total which triggers the Major Amendment process.
B. The Replat and Major Amendment represent a change in housing model
from single family detached to zero lot line, single family detached
dwellings on individual lots (townhomes).
C. The overall Old Town North development continues to comply with the
Overall Development Plan and the standards of the C-C-N zone district as
a result of the Replat and Major Amendment
D. The project complies with the applicable General Development Standards
of Article Three.
E. A condition of approval is recommended to ensure the proper sequence of
vacating the necessary public right-of-way by two readings of a City
Council Ordinance prior to recording of final documents.
DECISION
In reviewing the public testimony, and specifically the primary concern of adding
rental housing, this is an understandable issue. However, a decision is not
based on private market considerations, but based on if this Major Amendment
meets current Land Use Code Standards. There are no standards that pertain to
ownership of a dwelling unit.
The Old Town North Sunterrace Townhomes, Major Amendment # 16-09, is
hereby approved by the Hearing Officer with the following condition:
Old Town North — Sunterrace Townhomes, Major Amendment is approved
subject to the condition that the recording of final documents shall not
occur until after First and Second Reading of the City Council Ordinance
relating to the vacation of the necessary public right-of-way.
Dated this 18th day of August, 2009, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code. ,
Pet Wray
Senior City Planner
Old Town North Sunterrace Townhomes, Major Amendment
Administrative Hearing (File # 16-09)
Findings, Conclusions, and Decision
August 14, 2009
Page 5 of 6
3. Compliance with Article 3 of the Land Use Code — General
Development Standards
The Major Amendment complies with all applicable requirements of Article 3
including all landscaping, access, parking, natural habitats and features buffers,
building and project compatibility, housing model variety, setbacks, and
transportation level of service requirements. No evidence was presented to
contradict the statements and conclusion of the staff report concerning
compliance or to other refute the compliance with Article 3 Standards.
4. Compliance with Article 4 and the CCN Zone District Standards:
The Major Amendment complies with all applicable requirements of Article 4 and
the CCN Zone District, including the proposed single-family attached dwellings,
and minimum density. The Staff Report summarizes the Major Amendment
complies with these specific standards and no specific evidence was presented
to contradict the statements and conclusion of the staff report concerning
compliance with Article 4 or the CCN District Standards.
5. Vacation of Public Right-of-way
A portion of Redwood Street and two public alleys will be vacated as a result of
the Replat and Major Amendment. The Redwood Street vacation is due to an
improved re -alignment so that it aligns with Linden Street to the south. The
existing right-of-way reflects a dedication by a previous developer that created an
undesirable offset in relation to Linden Street.
The vacation of public right-of-way can only be granted by two readings of a City
Council Ordinance. In addition, the timing of the vacation must be properly
sequenced with the recording of the final documents of the Major Amendment.
6. Public Testimony
At the hearing, questions were raised about the impacts of the proposed Major
Amendment on increased density and provision of rental units within the
neighborhood. Concerns were also expressed about the change in character
from existing approved single-family detached units to single family attached
dwellings.
No written comments were submitted during the Hearing.
Old Town North Sunterrace Townhomes, Major Amendment
Administrative Hearing (File # 16-09)
Findings, Conclusions, and Decision
August 14, 2009
Page 4 of 6
FACTS AND FINDINGS
1. Compatibility with Surrounding Uses:
The surrounding zoning and land uses are as follows:
N:C-C-N — Vacant
S: C-C-N — Single Family Detached — Old Town North
E: I — Larimer County Equipment Storage and Maintenance Facility
W: C-C-N — Vacant - Old Town North
Old Town North Overall Development Plan was approved in 2004 and consisted
of a potential mix of land uses allowed by C-C-N zoning on 45 acres.
The original Old Town North Final Plan was approved in 2004 and consisted of
215 single family detached dwellings on 30.3 acres for a gross residential density
of 7.15 dwelling units per acre. (Options were provided to allow an increase in
the number of units in accessory dwelling units above garages on 105 lots which
would increase the density.)
Old Town North, North Flats Final Plan was approved in 2007 and consisted of
eight five-plex buildings for a total of 40 multi -family dwellings on 1.55 acres
located on Blondel Street between Pascal Street and Osiander Street.
2. Compliance with Article 2 of the Land Use Code - Administration:
This Major Amendment complies with the applicable requirements of the LUC,
specifically the procedural requirements located in Division 2.1 - General
Procedural Requirements, Division 2.2 - Common Development Review
Procedures for Development Applications, and Section 2.4 - Project
Development Plan in Article 2 - Administration.
The proposed development, to increase the number of single-family attached
dwelling units are permitted uses in the CCN — Community Commercial North
College District, subject to an administrative (Type 1) review and public hearing.
The LUC does not require that a neighborhood meeting be held for development
proposals that are not subject to a Planning and Zoning Board (Type 2) review.
Therefore, a City -sponsored and facilitated neighborhood information meeting
was not held for the Old Town North Sunterrace townhomes, Major Amendment
proposal.
Old Town North Sunterrace Townhomes, Major Amendment
Administrative Hearing (File # 16-09)
Findings, Conclusions, and Decision
August 14, 2009
Page 3 of 6
PUBLIC HEARING
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code,
opened the hearing at approximately 5:00 p.m. on August 10, 2009 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
From the Applicant:
Yvonne and Brian Shear, Shear Engineering
Cody Geisendorfer, Shear Engineering
Angela Milewski, BHA Designs, Inc.
From the Public:
Michael Bello, 2309 Sunstone Dr., Fort Collins, CO 80525
Jen Hayes, 244 Pascal Street, Fort Collins, CO 80524
James Beal, 269 Cajeton Street, Fort Collins, CO 80524
Jeff Dunn, 802 Heschel Street A, Fort Collins, CO 80524
Emily Steele, 802 Heschel Street A, Fort Collins, CO 80524
Written Comments:
None
Old Town North Sunterrace Townhomes, Major Amendment
Administrative Hearing (File # 16-09)
Findings, Conclusions, and Decision
August 14, 2009
Page 2 of 6
of Redwood Drive. The Replat and Amendment contains 8.84 acres. The
zoning remains C-C-N, Community Commercial North College.
SUMMARY OF HEARING OFFICER DECISION:
Approval with one condition
ZONING DISTRICT:
The property is zoned Community Commercial North College (CCN).
STAFF RECOMMENDATION:
Staff recommends approval of Old Town North Sunterrace Townhomes Replat
and Major Amendment, #16-09, subject to the following condition:
Old Town North — Sunterrace Townhomes, Major Amendment is approved
subject to the condition that the recording of final documents shall not
occur until after First and Second Reading of the City Council Ordinance
relating to the vacation of the necessary public right-of-way.
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.
Old Town North Sunterrace Townhomes, Major Amendment
Administrative Hearing (File # 16-09)
Findings, Conclusions, and Decision
August 14, 2009
Page 1 of 6
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:
PROJECT DESCRIPTION:
August 10, 2009
Old Town North Sunterrace
Townhomes, Major Amendment
16-09
Old Town North, L.L.C.
Ms. Monica Sweere
Old Town North, L.L.C.
Pete Wray
Senior City Planner
This is a request to replat Blocks Six and Nine of Old Town North and amend the
Final Plan to increase the number of dwelling units by 13 dwelling units from 43
to 56. In addition, 16 new, alley -loaded, garage parking spaces are added to
replace surface parking in Alley O.
The primary area of change is on Block Nine which would increase from 11
single family detached dwellings to 24 zero lot line, single family, attached
dwellings for a gain of 13 units.
The amended plan would consist of placing four six-plex structures (24 units) in
the portion of Block Nine that is currently platted for 11 single family lots.
The changes to Blocks Two and Seven would adjust the side lot lines and
change the architectural style. Block Six would be changed by a reconfigured
stormwater detention pond. The site is located north of East Vine Drive and west
City of
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August 18, 2009
Planning, Development and
Transportation
Current Planning
281 North College Ave.
P.O. Box 580
Fort Collins, CO 80522-0580
970.221.6750
970.224.6134 - fax
fcgov. com/currentplanning
Attendee of the Old Town North Sunterrace Townhomes Major Amendment Public
Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing Findings,
Conclusions and Decision for the Old Town North Sunterrace Townhomes, Major
Amendment # 16-09.
This final decision of approval may be appealed to the City Council in accordance with
Section 2-48 of the Code of the City of Fort Collins which is generally outlined below.
The appellant must submit written notice of appeal, reasons for the appeal, and a filing fee
of $100 to the City Clerk's Office within 14 days of the date of final action by the Hearing
Officer. The City Clerk will place the item on the Council agenda for hearing as
expeditiously as possible.
Written notice of an appeal from a final decision of the Hearing Officer to the City Council
is given by the City Clerk to the appellant, the applicant and to all other parties -in -interest
14 days prior to the date set for the hearing.
An appeal of the Hearing Officer's final decision is based on the minutes of the
proceedings at the Administrative Hearing and any other materials received by the Hearing
Officer. New evidence will not be considered on an appeal. The City Council may uphold,
overturn, or modify the decision of the Hearing Officer.
If you have specific questions about the appeal process, please contact me at 221-6754.
Sincerely,
Pete ray
Senior City Planner