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HomeMy WebLinkAboutOAK STREET RESIDENCES - PDP - 27-06 - DECISION - MINUTES/NOTES0 c�BYtf�Jr ���lleG1�/1 - �:B_B�GoyLsGe. �!%/'l�P� �2'�1'�,e=L'�'�.�-�✓7—Ga�G.ru�'�u�i,}- �t�8nd� G'hc�+-oh Bl cock. vat v /�io�.12r—I.2vJ` ✓_�1_,L�P1�lr�P_tiv�iui tGc�/ohin_%ae�all!/rLf.ri1�G. v� h&Ov - .I Administrative Public Hearing Sign -In • ' L�it .l Meeting Location: CV-n A1,naezj@e Date: 61/ PLEASE PRINT CLEARLY 1-ame Nx. rnf..b.e.l IP_ u._JJ_-4p o .L.L_JJAn_11.�_ n.._1___.I n.l_. 1- 992D lrcs6oche. 1 Oak,Street Residences Administrative Hearing Findings, Conclusions, and Decision April 5, 2007 Page 7 of 7 C. The Oak Street Residences Project Development Plan complies with all applicable General Development Standards except in instances where a modification to the standards contained in Article 3 of the Land Use Code have been granted or a condition of approval has been applied. D. With Respect to the requested Modifications to Section 3.2.2 (K)(1)(a) Parking Lots — Required Number of Off -Street Spaces for Type of Use — Attached Dwellings, Section 4.9 (D)(1) Land Use Standards —Density —Request to allow a 5800 square foot building on a 4600 square foot lot; and Section 4.9 (D)(6)(b)(c) and (d) Land Use Standards —Dimensional Standards: Front Rear and Side Setbacks, the Hearing Officer finds that the requested modifications: 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 Oak Street Residences Project Development Plan, #27-06, is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall revise the Development Plan as part of the Final Plan submittal to satisfy the fence design standards found in Section 3.8.11(C) or seek a modification to this requirement. Dated this 11th day of April 2007, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Current Plannib4i Director 1 Oak Street Residences ` Administrative Hearing Findings, Conclusions, and Decision April 5, 2007 Page 6 of 7 Proposed brick and other building material colors in earth tones blend with each other and are compatible with this section of the Old Town area. All outdoor storage is adequately screened. Mechanical equipment will be rooftop mounted. Testimony was offered at the hearing by neighboring property representatives concerning the anticipated or feared impacts the proposed development and its design would have upon the surrounding area. These impacts included the proposed architectural treatment of the south building wall, need for a gate or fence treatment between the proposed building and abutting building to the south, and the height of proposed privacy walls along both street frontages. In response, the applicant pointed out that the architectural features provided along the south elevation that will reduce the apparent mass of the wall through the use of varied materials, colors, and architectural detailing, The applicant expressed appreciation concerns regarding safety impacts and the potential need for a fence or gate along the small alley -like passage between the buildings. It was pointed out through testimony that portions of the proposed privacy walls along the ground level outdoor seating area exceed the maximum four foot height specified within Article 3 of the Land Use Code. The Hearing Officer concurs that portions of the walls will need to be reduced slightly in height in order to be compliant with this Section. Therefore, a condition of approval has been placed on the development plan requiring compliance with the maximum wall height requirements. 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, except for the proposed wall height where a condition of approval has been added. 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 SUMMARY OF CONCLUSIONS A. The Oak Street Residences Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Oak Street Residences Project Development Plan satisfies the development standards of the NCB zoning district except to the Density and Dimensional Standards where modifications have been granted. Oak Street Residences Administrative Hearing Findings, Conclusions, and Decision April 5, 2007 Page 5 of 7 are provided along privacy walls which make up more than 50% of the high -use and high visibility facades of the building. B. Section 3.2.2 Access, Circulation and Parking: The safety of pedestrians is provided for in a manner that is consistent with the downtown streetscape, where the sidewalk is continuous across the driveway apron. Curb cuts and ramps are provided where needed or required on the site. The existing garages are oversized and can accommodate bicycle parking easily and more securely than bike racks so no bike racks are required. No Transportation Impact Study (TIS) was required with this project since vehicle trips are anticipated to be fewer than 50 per day. The project is required to provide parking according to the number of bedrooms in the units. A one -bedroom and a two -bedroom unit are proposed, which would require 4 parking spaces. Three existing garage spaces are available. The applicant requests a third modification for the parking requirements. Existing curbcuts will be closed which will make room for 3 additional on -street parking spaces. This project is short one required parking space for a net result of two additional parking spaces that do not now exist. Though this project was not designed with internal streets, it should be noted that in similar situations, parking on a street fronting on a lot is allowed to count toward the required parking. Given the increased opportunity for on -street parking as a result of the revised access design, the Hearing Officer finds that the equally satisfies the intent of the standards as would a compliant plan. C. Section 3.5 Building Standards During the development process, the applicant has worked to bring the architectural design of the proposed buildings more in line with the architecture of its downtown and historic context. He has incorporated materials and design detailing that echo or complement nearby buildings, including brick, stucco and wood siding. He employed detailing reminiscent of traditional downtown brick structures with stair rail sills and soldier courses while also acknowledging the local art deco era designs with curved masonry caps on the upper balcony and long skinny glass block windows. The proposed building also enhances the historically significant residence to the west with generous use of brick. The first two stories of the building are roughly the same height as neighboring buildings. The third story is set back from the front and side facades to reduce its visual impact. Oak Street Residences Administrative Hearing Findings, Conclusions, and Decision April 5, 2007 Page 4 of 7 The applicant provided evidence at the public hearing by way of an F.A.R. and lot size analysis map showing the subject property relative to the surrounding neighborhood. The information substantiated the applicant's claim that the subject property is smaller than the typical lot found within the neighborhood and that the proposed F.A.R. was consistent with the range found on lots within the same face block and nearby blocks. The Hearing Officer is convinced, based on this evidence, that the proposed plan achieves the intent of the F.A.R. standard to control building mass, bulk and scale equally well as would a compliant design. Similarly, the applicant has requested a modification to the building setback requirements. The proposed interior sideyard and rearyard setback would be 0'- 0" where 5 feet and 15 feet is required, and an 8 foot frontyard setback where 15 feet is provided. The applicant's rationale in the request letter is that this proposal is equal to or better than a plan which complies with the.standards. The architect could conceivably shift the addition to be set back from the existing south, east and west walls above but the advantage of doing so is not clear. To the south, there is an existing two-story multi -family structure with no windows on the facing fagade. There is a small alley -like passage between the buildings that is hardscaped. If the square footage lost by stepping back the south side was added to the north side of the building, almost all of the new landscaped area would be lost and parking would be more of an issue than it is now. The Hearing Officer finds that, given the context, the development plan meets the intent of the standards equally well as a compliant plan. There was no evidence introduced at the hearing to contradict the Staff Report; except as noted, 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 tight, urban project provides tree stocking and landscaping to meet code and as is possible. Existing street trees will be protected during construction. A shade tree will be added in the parkway to meet the standards for providing canopy, minimizing glare and to enhancing the outdoor spaces. The new street tree is sufficiently separated from the existing street light. Extensive landscaping will be added in areas where concrete is removed. All non -paved areas are proposed to be planted with appropriate plantings. The design of the landscaping beds is xeric, which is appropriate in our climate and for its durability in this high -use area. Foundation plantings (vines and tall ornamental grasses) Oak Street Residences to Go Administrative Hearing Findings, Conclusions, and Decision April 5, 2007 Page 3 of 7 FACTS AND FINDINGS 1. Site Context The surrounding zoning and land uses are as follows: N: NCB Existing NCB —Neighborhood Conservation, Buffer District (Reorganized Church of Jesus Christ Latter Day Saints) with NCB (existing multi- family residential) beyond; E: NCL Existing NCM— Neighborhood Conservation, Medium Density District (Museum, Library and Library Park) with NCM (existing single and multi- family residential, commercial office); S: NCB Existing NCB —Neighborhood Conservation, Buffer District (multi family residential and commercial office); W: NCB and D Existing NCB —Neighborhood Conservation, Buffer District (existing single-family residence) with D--Downtown (existing multi -family residential, civic parking (soon to be downtown hotel) and commercial retail) beyond. The existing building was originally a Peerless Tire shop. In 1997, a change of use was approved to convert it to an office. In 2006 another change of use was approved to convert it to a single family residence. 2. Compliance with Article 4 and the NCB 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 and minimum setback requirements. The Staff Report summarizes the PDP's compliance with these standards. In particular, the proposed two-family use is permitted within the NCB zone district subject to an administrative review. The proposed three story height equals the maximum permitted. The roof pitch is also within the allowed range of 2:12 to 12:12. A. Section 4.8(D) — Land Use Standards The proposed structure of 5,800 square feet exceeds the maximum 1.0 Floor Area Ratio (F.A.R.) by 1,200 square feet. Oak Street Residences Administrative Hearing Findings, Conclusions, and Decision April 5, 2007 Page 2 of 7 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. PUBLIC HEARING The Hearing Officer, 'presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:35 PM on April 5, 2007 in Conference Room C at 281 N. 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; 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: Anne Aspen, City Planner From the Applicant: Eileen Turgeon Bob Sutter From the Public: Earnie Garner, 220 E. Oak Street Betty Jones, 220 E. Oak Street Written Comments: F.A.R. and Lot Size Analysis Map submitted by Bob Sutter City of Fort Collins Planning and Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: OWNERS: APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: April 5, 2007 Oak Street Residences Project Development Plan File # 27-06 Paul and Eileen Turgeon 901 Sailors Reef Fort Collins, CO 80525 Bob Sutter Architectural Horizons P.O. Box 271217 Fort Collins, CO 80527 Cameron Gloss Current Planning Director The Applicant has submitted a request to extensively remodel the existing 2230 square foot single family residence and add another residence for the owners above the existing residence, creating a three-story, 4590 square foot duplex. Extensive sidewalk and landscaping work is proposed to improve the site. The site is located at the southwest corner of Oak and Mathews Streets. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: NCB- Neighborhood Conservation Buffer STAFF RECOMMENDATION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020