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HomeMy WebLinkAboutMAGNOLIA WEST SUBDIVISION (621 W. MAGNOLIA) - PDP - 22-07 - DECISION - MINUTES/NOTESi �-�0?3.'%1� v_ickilam6� i'Py-cyz co»tcan�-I o .. =�a,f o_�d ?_a,3 GU• (�I�v_e. St '�Fta-8'3_!eo �"".r-"�y�` OW_�eN_N�:Nc�s 3(��i�.1►w.w+�-1� 1.�311 ,� �n.cmw► LL� �,/� i 3-�hccci@ nwih Z7T(GlalP 1-00�� ObgVioG�� (—AL- 1,�°! g��►u 114 V�* Aj a- Lfb�qllq l Co�' � - I 5$i-1 Sc� Magnolia West Subdivision Administrative Hearing Findings, Conclusions, and Decision October 9, 2007 Page 7 of 7 DECISION The Magnolia West Subdivision Project Development Plan, including a modification of standard, #22-07, is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall pave that portion of the alley abutting Lot 2, in either concrete or asphalt, for a distance of 20 feet behind the back of the sidewalk. Dated this 15th day of October 2007, per authority grant 1 Sections 1.4.9(E) and 2.1 of the Land Use Code. ameron Gloss Planning and Z ning Director Magnolia West Subdivision Administrative Hearing Findings, Conclusions, and Decision October 9, 2007 Page 6 of 7 The Hearing Officer finds that the lack of asphalt or concrete paving is generally consistent with existing policies where alleys that provide access to carriage houses, garages and other accessory buildings within the Eastside and Westside neighborhoods remain as an unpaved gravel surface. Also, a requirement to improve the entire alley would not be appropriate since the amount of traffic generated by the development does warrant paving. To reduce the impact to the adjacent Magnolia Street surface and the sidewalk due to the "dragout" of gravel, mud and debris from moving vehicles, the Hearing Officer has added a condition of approval requiring that the first 20 feet of alley surface behind the sidewalk be paved in either concrete or asphalt. SUMMARY OF CONCLUSIONS A. The Magnolia West Subdivision Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Magnolia West Subdivision Project Development Plan satisfies the development standards of the N-C-M zoning district. C. The Magnolia West Subdivision Project Development Plan complies with all applicable General Development Standards, including the Plat Standards, contained in Article 3 of the Land Use Code except where a modification has been granted. D. With respect to the Modification to Subsection 3.6.2(J), the alley paving requirements: 1. 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. 2. The modification will advance or protect the public interests and purposes of the standard for which the modification is requested equally well as a plan which complies with the standard for which the modification is requested. The existing hard surface paving treatment will reduce on -site stormwater runoff and will not have an adverse impact. To reduce potential adverse impacts of the development on the adjacent street and sidewalk, a condition of approval has been added that requires the first 20 feet of the alley to be paved. Magnolia West Subdivision Administrative Hearing Findings, Conclusions, and Decision October 9, 2007 Page 5 of 7 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat indicates proper dedications for utility easements as needed to serve both lots. Easements serving existing and future service are located on the north sides of Lots 1 and 2, and the east side of Lot 2. B. Section 3.2.1 (F) & (G) - Tree Protection and Replacement Several of the significant trees will be preserved per the specifications set forth in this section; however, many of the existing significant trees have and/or will be removed. The City Forester has specified the number of replacement trees required for the number of significant trees removed. A total of fourteen mitigation trees will be required, the majority of which will be planted on the property. The remainder of the mitigation trees that cannot fit on the site will be planted in the closest available planting site within one -quarter mile (1,320 feet) of the property as required per this section and the City Forester. Testimony provided at the hearing indicated a concern about the timing of tree removal and the necessity of removing some of the trees. The Hearing Officer acknowledges and appreciates that neighbors have provided careful thought in the framing of their concerns; however, the Applicant has demonstrated that the development will continue to comply with the adopted standards for street trees, that the City Forester has approved the tree removal, and that the fourteen mitigation trees specified are sufficient to cover the loss of existing mature trees. 4. Modification to Sections 3.6.2 (J)(2) The applicant is seeking a request for a modification to the requirement of Section 3.6.2(J) Design Construction Requirements for Alleys. The modification request is to allow the alley to be surfaced with an alternative material to asphalt or concrete as specified in the Land Use Code per the Larimer County Urban Area Street Standards (LCUASS). All alleys must be surfaced with asphalt or concrete. The applicant is requesting that the alley remain in its present gravel surface. Testimony was offered at the hearing by one neighboring property owner specifically requesting that the alley be paved along the entire block from Magnolia Street to E. Mulberry Street. Magnolia West Subdivision Administrative Hearing Findings, Conclusions, and Decision October 9, 2007 Page 4 of 7 the 15 foot frontyard setback line, resulting in the building being set back at least 20 feet from the Magnolia Street right-of-way. While there was no direct testimony or evidence presented at the public hearing to contradict compliance with the subdivision standards prescribed within the zoning district, public testimony identified concerns regarding the proliferation of new single family houses being Infilled", along with major house additions, within the Westside Neighborhood and the perceived negative impacts such changes have made on neighboring properties. Both general impacts occurring as a result of such development were cited, as well as issues specific to the subject property and immediate neighborhood. Such potential negative impacts include: incompatible architecture and building scale with the established neighborhood character, and perceived economic impacts in the neighborhood. One abutting neighbor expressed concerns about the removal of a fence that separates the two properties. Examples of neighboring new single family houses with a perceived negative impact to the area were cited during the course of the public discussion. Most of the public testimony specifically relating to the subject property concerned the character of a new house constructed on Lot 2, and not the request for subdivision. The total gross floor area of such future house is restricted in the NCM zone district per subsection 4.8 (D)(1). The maximum floor area for the house, including finished or unfinished floor area, along with any accessory buildings, e.g.-garage or shed of more than 120 square feet, may not exceed 2,600 square feet based on the proposed lot size. Similarly, the new house may be no taller than two (2) stories, as measured 25 feet 4 inches from existing grade. Front, rear and sideyard setbacks are restricted per Section 4.8 (E)(2),(3), and (4), with the subject property requiring additional setback from Magnolia Street to meet floodplain requirements. Such a single-family unit would require review and approval by the Building Department through the building permit process. Although the Hearing Officer finds that many of the concerns raised by opponents of a potential future house on Lot 2 are insightful, the application to resubdivide the property must be judged under the existing applicable regulations of the Fort Collins Land Use Code. The regulations provide sufficient specificity to determine that the Applicant and Owner have designed the replat 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. Magnolia West Subdivision Administrative Hearing Findings, Conclusions, and Decision October 9, 2007 Page 3 of 7 Written Comments: None. FACTS AND FINDINGS 1. Site Context The surrounding zoning and land uses are as follows N: NCL, NCM: Existing single-family residential uses E: NCM, D: Existing single-family residential uses, commercial uses Further east S: NCM: Existing single-family residential uses W: NCM: Existing single-family residential uses This property was originally platted as a portion of Block 267 of the Loomis Addition to the City of Fort Collins in 1887. 2. Compliance with Article 4 and the N-C-M Zoning District Standards: The plat complies with the standards found under Article Four of the Land Use Code. The applicant's request to replat the 11,498 square foot property, in order to create two new lots of 6,297 and 5,200 square feet, complies with the following standards: A. Section 4.8 (D)(1) — Land Use Standards The two new lots comply with the minimum lot area requirement of 5,000 square feet for single family lots in the N-C-M, Neighborhood Conservation — Medium Density zone district. B. Sections 4.8 (E)(1),(2),(3)&(4) — Dimensional Standards (1) Proposed Lot 1 has 62.96 feet of street frontage, and Lot 2 also has 52 feet of frontage and 100 feet along the alley, exceeding the required minimum of 40 feet of street/alley frontage for each lot. Both the street and alley are shown as previously dedicated public rights -of -way. (2) Building height, and front, side and rear building setbacks will be reviewed as per the Basic Development Review process for a building permit for any future construction on proposed Lot 2. A new single family house on Lot 2 is subject to the floodplain boundary which extends 5 feet beyond Magnolia West Subdivision Administrative Hearing Findings, Conclusions, and Decision October 9, 2007 Page 2 of 7 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 4:30 p.m. on October 9, 2007 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 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: Steve Olt, City Planner From the Applicant: Jay Brannen Troy Jennings Tricia Kroetsch, Northstar Design From the Public: Don Quick, 409 S. Loomis Avenue Vicki Lambert, 417 S. Whitcomb Street Carl L. Denton, 301 S. Whitcomb Street Myrne Watrous, 723 Olive Street Jane Folsom, 614 W. Magnolia Street Laura Radcliff, 1705 Aspen Street City of Fort Collins Planning, Development and Transportation Services Planning and Zoning 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: October 9, 2007 Magnolia West Subdivision Project Development Plan #22-07 Jerre Brannen c/o Tricia Kroetsch North Star Design, Inc. 700 Automation Drive, Unit 1 Windsor, CO 80550 Jerre Brannen 6581 Rookery Road Fort Collins, CO 80528 Cameron Gloss Planning and Zoning Director The Applicant has submitted a request to replat one 11,498 square foot lot into two lots. Lot 1 would be 6,297 square feet and Lot 2 would be 5,200 square feet. There is one existing single family residence on the property, which is addressed as 621 West Magnolia. The Applicant has requested a modification to the alley paving standards. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: N-C-M, Neighborhood Conservation — Medium Density STAFF RECOMMENDATION: 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. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020