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HomeMy WebLinkAboutOLD TOWN NORTH SUNTERRACE TOWNHOMES - MAJOR AMEND./REPLAT - 16-09 - DECISION - CORRESPONDENCE-HEARINGAdministrative Public Hearing Sign -In Project: f(/N i"' A AcE 7WAVV1fO Av r Meeting Location: *28/ N, Co t L E G e fF44r. Date: AV C V if 7l 100 02Oe y PLEASE PRINT CLEARLY w �P G1 Ty c. i . 1 mil' �c, . ZZ3-7s77- wti �P.(,uS G�Idps i-► Ml 012 a 111AL Wl•c 0-2_�)lD V�C)q &AA&S'6vte 8000Z i 60(o 45741 1u6p-((o i @ CO►M�I� S�' ✓1�� a 5 ew` (01 uiw S 3- YYS L1 � 061 bezel Q s emoryl , c as 9X 46 A 3��q 5�(5---a13ct a 2m W 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 F �tCiotti ns �f� 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