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HomeMy WebLinkAboutBY DESIGN (500 S. WASHINGTON AVE.) - PDP - 6-07 - DECISION - MINUTES/NOTESProject: Administrative Public Hearing Sign -In PLEASE PRINT CLEARLY Name Address Phone Email SZa 5. WOthA)n o.--s 1�70 • 224/-q55' I kAJJAJJ 4 00Ili ' - CAYrtr p, ALA `S 13d W. �. M f� - iJ Ca CP 4 v r151 F) h1 /'11? 4 -4p+ b -Co. l 3S6 %O -SWO-ZcU4o ., � Q C9 Bo. U w4k4 * J , CAn, Administrative Public Hearing Sign -In Project: Meeting Location: Date: _T% ZdD�- C'-1 PLEASE PRINT CLEARLY - 1�0�11II AR �Vl M �_ i . W Mt W, Md Ell U A/cl 0 By Design (500 S. Washingi,..q PDP Administrative Hearing Findings, Conclusions, and Decision April 5 and 10, 2007 Page 8 of 8 C. The By Design (500 S. Washington) Project Development Plan satisfies the development standards of the NCL zoning district except the Density Standard where a modification has been granted. D. The By Design (500 S. Washington) Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. E. With Respect to the requested Modification to Section 4.7 (D)(1) Land Use Standards —Density —Request to allow a 2,000 square foot single family house on a 5,2856 square foot lot, the Hearing Officer finds that the requested modification: 1. Will not be detrimental to the public good; and 2. The development plan will promote the general purpose of the standard for which the modifications are requested equally well as a plan which complies with the standards for which the modifications are requested. DECISION The By Design (500 S. Washington) Project Development Plan, #6-07, is hereby approved by the Hearing Officer subject to the following conditions: The Applicant shall obtain approval from abutting property owners to dedicate the necessary utility easements to accommodate sanitary sewer service from the alley to the east prior to Final Plan approval. Should the Applicant fail to obtain necessary easement(s), the Applicant shall be required to connect to the sanitary sewer main in West Mulberry Street for service. 2. The Applicant shall revise the Subdivision plat to accurately reflect the notation for S. Washington Avenue prior to Final Plan approval. Dated this 13th day of April 2007, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. meron b os rrent Plan' 'nq Director By Design (500 S. Washington) PDP Administrative Hearing Findings, Conclusions, and Decision April 5 and 10, 2007 Page 7 of 8 E. Section 3.5.1 Building and Project Compatibility Section 3.5.1 of the LUC requires that new developments be compatible with the established character of the area. Pursuant to this section, the proposed single family house reflects a scale and size that matches that found within the Westside Neighborhood. The proposed architectural style and elements are found to be consistent with the West Side Neighborhood Plan and the Neighborhood Character Design Guidelines for the East Side and West Side Neighborhoods in Fort Collins. F. Section 3.5.2 Residential Building Standards Testimony was offered at the hearing by neighboring property owners concerning how the proposed house could physically be accommodated within the prescribed building envelope. One of the concerns specifically related to compliance with the building setback requirements for principle and accessory buildings. It was pointed out through testimony and through the submitted plan that all building setback requirements specified within Article 3 of the Land Use Code, including those related to house and garage placement, are being met. Although the Hearing Officer finds that some of the concerns raised by the opponents of the PDP were insightful and might potentially improve acceptance of the PDP by the neighboring landowners, the PDP must be judged under the existing applicable regulations of the Fort Collins Land Use Code. These regulations provide sufficient specificity to determine that the Applicant and Owner have designed the PDP in conformance with the applicable regulations. There is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the minimum requirements of the Land Use Code, and other applicable regulations, in designing the development r r SUMMARY OF CONCLUSIONS A. The By Design (500 S. Washington) Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The By Design (500 S. Washington) Project Development Plan is consistent with the West Side Neighborhood Plan. By Design (500 S. Washington, PDP Administrative Hearing Findings, Conclusions, and Decision April 5 and 10, 2007 Page 6 of 8 Transportation Level of Service Requirements and the parking requirements. While the submitted comments about parking supply and circulation are insightful and might potentially improve acceptance of the project by the neighborhood, the Hearing Officer finds that off-street parking spaces are provided in the number required under the LUC, that the existing parking and congestion issues are not caused by action of the applicant, and that good faith efforts have been made by the applicant in the design of the project to help mitigate impacts. Therefore, based on the evidence presented at the hearing, the Project complies with Section 3.2.2 of the LUC. As mentioned during the hearing, the Hearing Officer respectfully requests that the applicant continue to negotiate in good faith with the adjacent property owner to the south and provide a shared driveway accessing both properties from S. Washington Avenue. The Hearing Officer cannot mandate that a shared driveway be created, but would strongly encourage such a design since it would increase on -street parking supply and provide for a more efficient site design. C. Section 3.2.3 SolarAccess, Orientation, Shading Written testimony submitted from the adjacent property owner to the south indicated a concern over the perceived shading impacts the project would have on adjacent properties. The Hearing Officer finds that the Project is in conformance with the solar access standards specified in this section. At our latitude within the Northern Hemisphere, shadows cast over the winter months project toward the north. The existing single family house to the north, which is included within the development plan, has no solar collection system and is separated by more than 30 feet from the proposed building. The neighboring house to the south would not be significantly impacted by shadows during the majority of the year based on the sun's altitude over the horizon which results in shadows being cast northward. D. Section 3.3.1 Plat Standards Consistent with Section 3.3.1, the proposed lots comply with the design standards in that each lot has vehicular access to a public street, and the side lot lines are at substantially right angles or radial to the street. The design of the adjacent platted streets are unaffected. The applicant must provide necessary easements to serve the lots. A condition of approval has been added which will ensure compliance with the standard. By Design (500 S. Washington) PDP Administrative Hearing Findings, Conclusions, and Decision April 5 and 10, 2007 Page 5 of 8 Given the scale of the development, no Transportation Impact Study (TIS) was required since vehicle trips are anticipated to be fewer than 50 per day. During the hearing, the City staff, public and applicant acknowledged that S. Washington Avenue is a highly congested area during both the morning and late afternoon hours when peak pickup and drop-off periods occur at the adjacent Dunn Elementary School. Dunn is a "school of choice" which provides the opportunity for students outside the neighborhood's established boundary to attend the school on a first -come, first -serve basis. Congestion is further exacerbated by the location of the site abutting Mulberry Street, a heavily traveled major arterial street, and S. Washington Avenue, a primary bicycle and pedestrian corridor between the Westside Neighborhood and the Colorado State University campus. Some of the residences within the block are also rental units with multiple tenants and vehicles which can put strain on on -street parking opportunities given the competition for spaces with school teachers and parents. On -street parking is further limited due to the prohibition on overnight parking along the west side of S. Washington Avenue abutting the school. The Hearing Officer acknowledges and appreciates that residents have provided careful thought in the framing of their concerns. Much of the public testimony, both oral and written, related specifically to the impact the proposed curbcut and driveway would have on off-street parking availability adjacent and nearby the site. Field investigation by the Planning and Engineering staffs of the City, confirmed that two off-street parking spaces would be lost as a direct result of the site access. Testimony provided at the hearing and corroborated by staff, seemed to indicate that the relative lack of available on -street parking spaces along S. Washington Avenue is attributable to parking space distribution and management practices within the neighborhood as much as the number of parking spaces supplied. Staff confirmed that at least 9 off-street parking spaces are available abutting the alley behind 516 S. Washington Avenue, but are largely unused. Other off-street parking spaces are also available at the rear of lots within this block, but are not utilized to the degree of on -street spaces. Similarly, the surface parking lot near the southwest corner of the Dunn Elementary campus routinely has available parking spaces to serve teachers and parents. The Hearing Officer both sympathizes with the neighboring property owners and finds the Applicant/Owner has attempted to mitigate parking impacts through reduction in the curb cut/driveway width to the bare minimum permitted and his discussions with Dunn Elementary school administrative staff to improve parking management. The weight of evidence presented by the Applicant and corroborated by the City staff, supports a finding of compliance with the By Design (500 S. Washingtoi ., PDP Administrative Hearing Findings, Conclusions, and Decision April 5 and 10, 2007 Page 4 of 8 determined that a more regularly -shaped lot, while smaller, might provide a more logical ownership boundary and thus the revised plan was submitted. The Hearing Officer is convinced, based on evidence that a compliant configuration could readily be provided, that the proposed plan would not be materially different and would satisfy the intent of the lot coverage standard as would a compliant plan. The 952 square foot building footprint of the proposed house on Lot 2, coupled with the 1 %2 story configuration will result in a less massive structure with a scale appropriate to that of the immediately surrounding neighborhood. The proposed architectural style and building mass, bulk and scale is compatible with the surrounding area and follows the Neighborhood Character Design Guidelines for the East Side and West Side Neighborhoods in Fort Collins. There was no evidence introduced at the hearing to contradict the Staff Report; therefore, the Hearing Officer finds that the Plan is in conformance with the applicable requirements found in Article 4 of the Land Use Code. 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.2.1 Landscaping and Tree Protection This infill project provides tree stocking and landscaping to meet code. Street trees will be provided in the parkway along E. Mulberry Street and behind the curb along Washington Avenue to meet the standards for providing canopy, minimizing glare and enhancing the streetscape. The majority of existing trees will be preserved. B. Section 3.2.2 Access, Circulation and Parking: The staff report outlines the Project's compliance with Section 3.2.2 concerning access, circulation and parking. The Applicant and City staff testified at the hearing that the Project provides residential off-street parking spaces meeting the number required under the LUC. Paved off-street parking will be provided on each lot. In addition to the existing garage and driveway serving the existing house, the proposed single-family house will include a garage and driveway accessed from S. Washington Avenue. A common issue repeatedly raised during public testimony involved traffic and congestion impacts. It was an expressed fear of some neighborhood residents that parking and traffic generated from occupants of the development would create unreasonable and significant adverse traffic impact to the neighborhood. By Design (500 S. Washingto,q PDP Administrative Hearing Findings, Conclusions, and Decision April 5 and 10, 2007 Page 3 of 8 FACTS AND FINDINGS 1. Site Context and Background The surrounding zoning and land uses are as follows: N: NCL: Existing single-family residential uses E: NCM: Existing single-family residential uses S: NCL: Existing single-family residential uses W: NCL: Dunn Elementary School This property was originally platted as Lots 1 and 2 of Block 1 of the Westlawn Addition subdivision of 1920. Testimony was offered at the hearing by neighboring residential landowners concerning the anticipated or feared impacts of the proposed development and its design upon the residential neighborhood and the adjacent Dunn Elementary School. These impacts included increased traffic congestion, pedestrian safety, demand for on -street parking, compliance with the building setback requirements, and overall concern about the impact on neighborhood quality. 2. Compliance with Article 4 and the NCL Zoning District Standards: The development plan complies with the standards found under Article Four of the Land Use Code except where a request has been made to modify the maximum density standard on one of the lots. The Staff Report summarizes the PDP's compliance with these standards. In particular, the proposed single family use is permitted within the NCL zone district subject to an administrative review. The proposed two story height equals the maximum permitted. The existing single family house complies with the Floor Area Ratio (F.A.R.) standard for the newly subdivided Lot 1. Section 4.7(D) — Land Use Standards The proposed single family house of 5,285 square feet on Lot 2 exceeds the maximum 0.33 Floor Area Ratio (F.A.R.) by 715 square feet. As part of the initial development plan submittal, the applicant provided evidence that a compliant plan could readily be achieved by configuring the new building site as a "flag" lot, with the narrow, "flagpole" section of the lot achieving frontage to Mulberry Street behind the existing house. Through the review process, it was By Design (500 S. Washings,.,) PDP Administrative Hearing Findings, Conclusions, and Decision April 5 and 10, 2007 Page 2 of 8 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 5:00 PM on April 5, 2007 in Conference Room C at 281 N. College Avenue, Fort Collins, Colorado and, after approximately 80 minutes of deliberation, continued the hearing to April 10, 2007 in Conference Room A which began at 5:05 PM. 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; and (3) a tape recording of testimony provided during 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: Shelby Sommer, Associate Planner David Averill, Transportation Planner From the Applicant: Steve Whittal From the Public: Michael Haddorff, 520 S. Washington Avenue Carla Pasetti and Joe Menetre, 524 S. Washington Avenue Richard Osborne, 508 Gordon Street Written Comments: Letter from John and Julie Fox, 516 S. Washington Avenue, dated April 2, 2007 Letter from Michael and Sandra Haddorff, 520 S. Washington Avenue, dated April 4, 2007 City of Fort Collins Commt _ty Planning and Environmental rvices Current Planning 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: April 5, 2007 and April 10, 2007 By Design (500 S. Washington) Project Development Plan File # 6-07 By Design Homes, LLC c/o Steve Whittall PO Box 270457 Fort Collins, CO 80527 Cameron Gloss Current Planning Director The Applicant has submitted a request to subdivide the 13,410 square foot property into two lots, with the existing house on one 8,125 square foot lot and a new 2,000 square foot single-family house on the second 5,285 square foot lot. The Applicant has requested a modification to the Floor Area Ratio (F.A.R.) limitation for one of the lots. The property is located at the southeast corner of West Mulberry Street and South Washington Avenue. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: NCL- Neighborhood Conservation Low Density STAFF RECOMMENDATION: Conditional Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was 281 North College Avenue • P.O. 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