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HomeMy WebLinkAboutMELDRUM STREET TOWNHOMES - MODIFICATION OF STANDARD - 8-09 - DECISION - MINUTES/NOTES (3)Administrative Public Hearing Sign -In Project: U/'9 % d kW Ji a S Meeting Location: orV - M I,9 �JX n iy ST Date: /0 G u "F PLEASE PRINT CLEARLY Address Phone Email S� © `i- O • y / I�c-l� p?4 � r V S� 0 /, T t2 lx-,L p� � I G S-4 • F�l� GG 1 -1 I�Q1� 1400KA Z(! 1 ELO�v,.�+ �'I� 6Of- 9D7 <P 1 Ilvl�cl�a o �— © 15 44 11-C q ti 7 Meldrum Street Town homes -Request for Modification of Standard, #8-09 Administrative Hearing Findings, Conclusions, and Decision August 13, 2009 Page 6 of 6 SUMMARY OF CONCLUSIONS With respect to Section 4.9(D)(5), a floor area ratio standard, and in accordance with the review criteria for a Modification as set fort in Section 2.8.2(H): a. Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the Land Use Code. b. The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well than would a plan which complies with the standard for which a modification is requested. DECISION The Meldrum Street Townhomes — Request for Modification of Standard, #8-09, is hereby approved by the Hearing Officer with the following conditions: 1. At the time of submittal of a P.D.P., the exterior side elevations of the three story module shall demonstrate window placement of sufficient height above floor level to protect the privacy of the two adjoining properties. 2. At the time of submittal for a P.D.P., the two side yards must be designed in a manner that considers the transition between uses that are different in visual character by use of landscaping, fencing or in any combination, and that such design, to the maximum extent feasible, considers the input of the two adjoining property owners. 3. At the time of submittal of a P.D.P., the exterior side elevations of the three story module shall demonstrate that exterior balconies adjacent to the neighboring properties to the north and south are designed to provide maximum privacy from and for the residents located on the north and south of the subject site. Dated this 13th day of August 2009 per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. % Steven J. Dush, AICP Director of Current Planning Meldrum Street Townhomes-Request for Modification of Standard, #8-09 Administrative Hearing Findings, Conclusions, and Decision August 13, 2009 Page 5 of 6 acknowledges the massing associated with the proposed buildings as they relate to the context of the existing single family residences to the north and the south, yet also recognizes the proposed design and increase in the FAR mitigate compatibility issues to the adjacent neighbors equal to or better than a building that sought no modifications to the standards could achieve. For instance, the shadowing associated with a two story building with no modifications of standards would have shadowing equal to the shadowing resulting from the proposed building that has three stories in one section of the building but has an increased side yard setback. Additionally, the increased side yard setbacks create a separation from the existing residences to the north and south to assist with mitigation. 5. Evaluation of the Modification Request Relative to the Review Criteria The granting of a modification to the floor area ratio without demonstrating the mitigation of potential impacts may undoubtedly create incompatibility within the neighborhood. The potential impacts associated with granting the modification have been thoughtfully addressed through design. The design not only respects the historic character of the homes in the immediate vicinity by creating a street facing fagade that resembles the single family nature of the homes to the north and the south, but the increased setbacks and articulation of the building continue to contribute to making the proposed structures compatible with the existing neighbors. Furthermore, the conditions proposed by staff and the hearing officer mitigate the privacy issues associated with balconies; privacy issues associated with window placement; and first floor privacy through landscaping and fencing considerations. The aforementioned conditions coupled with the findings outlined in the Staff report and overall design result in a project equal to or better than meeting the provisions of the Land Use Code. Meldrum Street Town homes -Request for Modification of Standard, #8-09 Administrative Hearing Findings, Conclusions, and Decision August 13, 2009 Page 4 of 6 4. Public Testimony Summary The public testimony received included concerns about the alley access, sewer capacity, traffic in the alley, alley maintenance, privacy, trash pick-up, alley pavement, flooding, drainage, parking, privacy, density and height. The hearing officer acknowledged the concerns and asked staff and the applicant to provide brief responses to the site development issues that would be addressed a subsequent Preliminary Development Plan (PDP). Staff and the applicant stated that the alley would be paved to either Maple or LaPorte; that alley maintenance is the City's responsibility; the sewer capacity must meet City Requirements; drainage must meet City requirements to ensure that no additional flows will be received by adjacent properties and that the specifics related to these issues along with a traffic report would be addressed at a subsequent PDP. The issues raised about privacy, density and height are linked to the FAR request and an analysis of those issues is outlined below. Privacy Some of the neighbors expressed concerns about a three story structure adjacent to their site and that the placement of balconies would be an intrusion upon their enjoyment of their private open space in their back yards. The Hearing Officer acknowledges this concern and recognizes that there is not a specific Land Use Code (LUC) prohibition, yet the design of the proposed residential development can modify a proposed design to ensure that existing residences continue to enjoy their property. For instance, balconies could be relocated to the interior of the or designed to have walls that screen the new residents from the existing residents. Density The proposed density is approximately 23 units to the acre and the zone district permits 24 units per acre. The purpose of the Neighborhood Conservation Buffer District (NCB) 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. The Hearing Officer acknowledges the diverse context of the site that includes the City of Fort Collins City Hall building, single family homes to the nort and south and a 24 unit multi -family building separated from the subject site by one lot. The variety of the land use intensities coupled with the purpose of the NCB zone district and permitted density make the site ripe for the proposed density. Height The NCB zone district permits 3 story buildings. Two buildings with three story components are proposed. In other words the proposed buildings have varying heights that include one, two and three story elements. The Hearing Officer Meldrum Street Townhomes-Request for Modification of Standard, #8-09 Administrative Hearing Findings, Conclusions, and Decision August 13, 2009 Page 3 of 6 Written Comments: Jeff Valloric, Fort Collins Housing Authority. FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: N-C-B; Existing multi -family structure S: N-C-B; Existing single family detached dwelling E: D; City of Fort Collins — City Hall West W: N-C-M; Existing single family detached. The four subject lots are part of Block 52 of the original town plat for the City of Fort Collins. There is no history of any re -development activity on these lots other than construction of the existing houses. Prior to the adoption of the N-C-B zone district in 1991, the area was zoned R-H, High Density Residential. A 24-unit multi -family building exists on the north corner of the block face, separated from the subject property by one lot. 2. Land Use Code Sections Requested for Modification Section 4.9(D)(5) of the Code describes the maximum amount of Floor Area Ratio be limited to a maximum of 33% for the rear 50% of the lot(s). The citation is as follows: (D) Land Use Standards. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of thirty-three hundredths (0.33) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. 3. Modification Request The applicant is proposing to increase the building and garage floor area on the rear one-half of the lots by 3,880 square feet resulting in an F.A.R. of 66.9%. Meldrum Street Town horn es -Request for Modification of Standard, #8-09 Administrative Hearing Findings, Conclusions, and Decision August 13, 2009 Page 2 of 6 SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: N-C-B — Neighborhood Conservation Buffer STAFF RECOMMENDATION: Approved with two conditions. 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. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:00 p.m. on August 3, 2009 in the Community Room at 215 Mason, 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; and (3) 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 City Planner From the Applicant: Michael Bello — 2309 Sunstone Drive From the Public: S. McClary — 416 Laporte Inky Everson — 229 N. Meldrum Street Stephen Del Grosso — 229 N. Meldrum Street Ted & Erin Hoffinan — 219 N. Meldrum Street Toy Storey — 415 N. Sherwood Street Meldrum Street Townhomes-Request for Modification of Standard, #8-09 Administrative Hearing Findings, Conclusions, and Decision August 13, 2009 Page 1 of 6 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: August 3, 2009 PROJECT NAME: Meldrum Street Townhomes — Request for Modification of Standard CASE NUMBER: #08-09 APPLICANT: Urban Development Partners c/o Michael Bello 1220 South College Avenue, Suite 100 Fort Collins, CO 80524 OWNER: Michael Jensen 1220 South College Avenue, Suite 100 Fort Collins, CO 80524 HEARING OFFICER: Steven J. Dush, AICP Director of Current Planning Ia11ZIa1x61111y1]*1019 I1100 This is a request to modify the standard in the Neighborhood Conservation Buffer zone which requires that in the rear one-half of the lots, no more than 33% of the land area can be devoted to the gross floor area of buildings and garages combined. The request is to increase the building and garage floor area to 66.9%. Meldrum Street Townhomes is a proposed project located at 221, 223, 225 and 227 North Meldrum Street. These lots would be consolidated into one project. For the rear one-half of the four consolidated lots, the standard requires that no more than 3,778 square feet of building and garage floor area be allowed. Under the Request for Modification of Standard, the applicant is asking for 7,658 square feet of building and garage floor area. This represents an increase of 3,880 square feet. The property is zoned N-C-B, Neighborhood Conservation Buffer. of ,.F�tr August 13, 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 Attendees of the Meldrum Street Townhomes — Request for Modification of Standard, # 08-09, Public Hearing, Please find attached to this letter a copy of the Type I Administrative Hearing Findings, Conclusions and Decision for the Meldrum Street Townhomes — Request for Modification of Standard, # 08-09. 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 221-6765. Sincerel , S even J. Dush, AICP Director of Current Planning