Loading...
HomeMy WebLinkAboutTHE INN AT CITY PARK, 1734 WEST MOUNTAIN AVENUE - PDP - 43-05 - DECISION - MINUTES/NOTESADMINISTRATIVE HEARING PROJECT Pao - DATE dioloh NAME ADDRESS ZIP PHONE EMAIL OS 2Z/ &7® v'2✓I V�1 i l <em I u3 Fre sz/ yq3 72-a karevl w� Ik«ti 4e ua �.J.b.7c�clZS�'e-l\. �rtpJls WA✓«cilJ S1� y+2lj cr LA.) voTL.1 TWA,' A( TEl2Je—F,C.al.c Qoa 4n AvU-4y s w2 T iirxtnTvan n Q Z -15?0le radnvns ccS-2osire. ` '5 (.I ✓1 n 114 F;-,e Ave . FG = 1 1 -7pla ai 4 m 4e"FAD t= Isto 1 5 `k -O?-6b d r. j&3 t iz4v s 2,1 b 3 49 ins ,v. Cdr Iop Q^LSaAI &I S. Cou-k c /4ac. 4zAoS SDSZct zzV- }� Zor !'l/ 4 baS) &-) -g5'8a - 5. - .1� 2.1AT1dr� To R)5-a1 aZr-�lr�"7Qprtzzz.c� 4ztl/ 04 The Inn at City Park Type 1 Administrative Hearing 8 4. The Project Development Plan of The Inn at City Park complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION Based on the findings and conclusions, the request to change the use of the existing house at 1734 W. Mountain Avenue to a five bed bed & breakfast as shown on the plans and documents presented to the Hearing Officer on January 10, 2006 is approved with the following conditions: 1. The Final Compliance site plan must be revised to show the following: a. The alley width (18 feet per the plat). b. The depth of the parking stalls to be 24 feet, and the resulting new square footage of the asphalt parking area. C. The height and design of the proposed fence. d. A note that the storage building will not be used for the parking of vehicles. e. The parking data in the Land Use Breakdown should reflect that there are 5 parking spaces provided (3 open, surface parking spaces and 2 garage spaces). f. A note must be added that states the manner of trash collection (i.e. residential house collection, no dumpster). g. A clarification of the General Site Note regarding where the new trees are to be installed (i.e. west instead of north). h. Wheelstops must be located at the head of each parking stall. Dated this 12th day of January, 2006, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. /9&6� /3 a� Peter Barnes Zoning Administrator The Inn at City Park Type 1 Administrative Hearing 7 staff does not anticipate issues of this sort arising, but the hearing officer may choose to impose restrictions. 4. Staff Findings of Fact / Conclusion: In evaluating the request for the change of use of an existing single-family house to a five -bed bed and breakfast staff makes the following findings of fact: A. The proposed land use is permitted in the Low -Density, Mixed -Use Neighborhood (LMN) District subject to Administrative review; B. The Project Development Plan (PDP) complies with applicable district standards of Section 4.4—Low-Density, Mixed -Use Neighborhood (LMN) District of the Land Use Code; C. The Project Development Plan (PDP) complies with applicable General Development standards of Article 3 of the Land Use Code; and D. It appears that the main opposition to the PDP expressed at the neighborhood meeting related to the zoning has been resolved via the structure plan amendment application pending to change the zoning to a more restrictive designation. While there is no clear resolution to the issue of whether to pave or not pave Frey Avenue, the applicant has made arrangements with the City to escrow funds for future improvements should they become warranted. This is consistent with City-wide policy and practice. HEARING OFFICER FINDINGS, CONCLUSIONS AND DECISION FINDINGS AND CONCLUSIONS After reviewing the staff report and the record of the public hearing, the Hearing Officer makes the following findings and conclusions: 1. The proposed PDP meets 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 located in Article 2 - Administration. 2. The Project Development Plan for The Inn at City Park complies with all applicable district standards of Section 4.4 of the Land Use Code, the LMN — Low Density Mixed -Use Neighborhood zone district. 3. The proposed Project Development Plan of The Inn at City Park contains a permitted use in the LMN, Low Density Mixed -Use Neighborhood zone district. The Inn at City Park Type 1 Administrative Hearing 6 paved and a pedestrian connection to the entry is proposed. Parking Lots —Required Number of Off-street Spaces ... [Section 3.2.2 (K)]: This use is closest to Lodging, so according to Section 3.2.2(K)(2)(b), the parking requirement is a maximum of 1 space per unit, or in this case bed, for a total maximum of 5 spaces. Three spaces have been provided, one of which is a van - accessible handicap parking space. Parking Stall Dimensions [Section 3.2.2 (L)]: Because the spaces will have limited turnover during business hours, they qualify as long term spaces. As proposed, they exceed the dimensional standards. C. Site Lighting [Section 3.2.4]—This project is in an established, rural -feeling single family residential neighborhood and because the neighborhood has expressed a concern about a business in this neighborhood, the applicant has chosen not to add any additional site lighting. Technically, the project is required to present a lighting plan, but given the circumstances, it seems prudent to keep lighting to a minimum and allow the site to remain in keeping with the rural character of the surrounding area. D. Trash Enclosure [Section 3.2.5]—This project is required to follow the trash and recycling enclosure regulations to the extent reasonably feasible. In the conceptual review comment letter, staff stated that if collective trash collection was provided, that an enclosure would be needed. The applicant has opted to keep the trash collection the same as residential collection. E. Building Standards [Section 3.5]—Because there are no changes to the existing building proposed, the only parts of this section of code that apply are Outdoor Storage Areas/Mechanical Equipment [Section 3.5.3 (/)] and Operational/Physical Compatibility Standards [Section 3.5.3(J)]. Though this is a change of use to commercial, the bed and breakfast use is more similar to residential than to typical commercial uses. Trash will be handled with residential trash service, so it is assumed that the bins will be stored in the garage or a similarly appropriate place. The owners of the bed and breakfast market their business on the appearance of their property so it is also assumed that any equipment will be placed out of sight and/or painted to match. Any satellite dishes will need to be screened according to standards. Operational/Physical Compatibility Standards [Section 3.5.3(J)]—In the Development Agreement or in conditions imposed in the decision rendered by the hearing officer, restrictions on the hours of operation, placement of trash receptacles, location of delivery and loading zones or placement of vending machines may be made. Again, because of the residential nature of the bed and breakfast use, The Inn at City Park Type 1 Administrative Hearing 5 2. Compliance with Zone District Standards of the Land Use Code: Division 4.4 LMN—Low Density Mixed -Use Neighborhood District The Project Development Plan meets the applicable Permitted Uses (4.4(B)2(c)] and Land Use Standards [4.4 (D)] as follows: A. Permitted Uses—Commercial/Retail Uses [4.4 (13)(2)(c)] —Bed and Breakfast establishments with six or fewer beds are permitted, subject to a Type I (Administrative) review. B. Land Use Standards —Other Non-residential Development [4.4(D)(4)] — A Neighborhood Center exists less than % of a mile away, at the corner of City Park Avenue and Mulberry St. It contains convenience retail stores and a small animal veterinary clinic, two uses which satisfy the requirement that there be a Neighborhood Center less than 3/ of a mile from any proposed non-residential development. C. Development Standards —Non-residential and Mixed -Use Buildings [4.4 (E)]—The proposed building must meet the standards of Section 3.5.3 which are addressed below in the "Compliance with General Standards' section. All other standards are not applicable since no changes to the existing building are proposed. The existing building meets the standards. 3. Compliance with General Development Standards of the Land Use Code: Article 3 The Project Development Plan complies with applicable General Development Standards as follows: A. Landscaping and Tree Protection [Section 3.2.1 ]—Tree Planting Standards [Section 3.2.1(D)]: The proposed landscape plan provides well over the minimum number and type of trees both for street trees and for landscaped areas. Many of the trees are existing and mature. Landscape Standards [Section 3.2.1 (E)]: The parking is proposed to be screened from the building by shrubs. Parking will be screened from the street by existing and transplanted trees. High -use areas are proposed to be planted with turf. All non -paved areas are covered with planting beds and planting areas that define spaces, direct circulation, and attract attention to focal areas including entries. B. Access, Circulation and Parking [Section 3.2.2] Access and Parking Requirements [Section 3.2.2(D)]: All offsite parking is The Inn at City Park Type 1 Administrative Hearing 4 N: LMN Existing LMN—Low Density Mixed -Use Neighborhood Density single-family residential with County I —Industrial beyond; E: LMN Existing LMN—Low Density Mixed -Use Neighborhood Density single-family residential with existing NCL— Neighborhood Conservation, Low Density beyond; S: POL Existing POL—Public Open Lands (City Park); W: LMN Existing LMN—Low Density Mixed -Use Neighborhood Density single-family residential with Existing POL—Public Open Lands (City Park) beyond. Though it is old enough, the existing house is not eligible for individual landmark designation because it has been substantially modified. The owners of the property purchased the home recently for the purpose of converting it to a five - bedroom bed and breakfast. They are in the process of making some modifications to the inside of the building to suit the new use. A neighborhood meeting was held on September 20, 2005. Thirteen neighborhood members signed in, but more attended. The neighborhood was largely concerned that their residential area should not allow commercial uses such as bed and breakfasts. The neighborhood understands that the use is permitted in the current zoning and indicated that they do not want to alienate the owner, their neighbor, by opposing this project. However, they wish to change the zoning to prevent commercial uses entirely in the future, and to that end, they have recently submitted an application for a structure plan amendment. The change is intended to go into effect after the B&B is approved. The other major concern raised was the condition of Frey Road. Some community members want to keep the dirt road and are concerned about additional traffic that the B&B might generate on it, while others, including one who submitted written comments, wish that the developer or the City would pave the road. The City has consulted with the owner and come to an agreement that the owner will escrow the monies needed to design and construct the future improvements until such time as pavement, curb, gutter and sidewalk is warranted. The Inn at City Park Type 1 Administrative Hearing 3 Community Concerns: There were questions regarding: 1) access to the new parking spaces, 2) adequate alley width for parking backup, 3) street lighting, 4) use of the "storage" building, 5) drainage, 6) landscaping, and 7) street and sidewalk improvements. Applicant and Staff Response: Members of the applicant's team explained that 1) the parking spaces would be accessed from the alley, not from Frey, 2) that there would be no new street lighting, 3) that the storage building is not proposed to be used as a garage for vehicle parking, 4) that a drainage plan was not required by the City, and therefore it can't be stated with certainty what the impact of the new paved parking area would be, other than that it is presumed that drainage will occur to the alley and to the yard areas on the sides of the parking, and 5) that trees will be transplated to the west side of the parking area. Anne Aspen, City Planner, explained the street and sidewalk requirements, the financial arrangement that the owners of the subject property have committed to with the City, and that no improvements would be required to be constructed until such time as the property owners agreed to a Special Improvement District. Hearing Officer Input: In response to the community question about the adequacy of the alley width, the Hearing Officer explained that since the alley is only 18 feet wide, the depth of the parking stalls would have to be increased by 4 feet in order to comply with the parking standards. EXECUTIVE SUMMARY The owner of the single-family house at 1734 W. Mountain proposes a change of use to a bed and breakfast with five beds. No changes to the exterior of the building are proposed. Minor changes to the site are proposed, including paving the guest parking and some landscaping. 1. Background The surrounding zoning and land uses are as follows: The Inn at City Park Type 1 Administrative Hearing 2 NOTICE OF PUBLIC HEARING: Notice of public hearing was made on December 21, 2005 by mailing to affected property owners. The notice of public hearing was sent to the Coloradoan on December 30, 2005. PUBLIC HEARING After reviewing the Staff Report and recommendation, a public hearing was held on the subject application at 6:00 PM on January 10, 2006. The hearing was held in Conference Room A at 281 North College, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The following is a list of those who attended the meeting: From the City: Anne Aspen, City Planner From the applicant: Justin Larson, JCL Architecture Sean Tomlinson, JCL Architecture From the Community: Lita Chandler Karen Wilken Brady Walters Travis Walters Ragan Adams Sophia & Louis Linn Written Comments: None Dana McBride Joe Menetre Nancy Frederick Ken Walters Don & Kate Eisenschmid Eric Wilkens Karen Solomon Carla Pasetti City of Fort Collins Commui, _y Planning and Environmental _vices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION HEARING OFFICER: Peter Barnes Zoning Administrator PROJECT NAME: The Inn at City Park, 1734 W. Mountain Ave. B&B PDP CASE NUMBER: 43-05 APPLICANT: Justin Larson JCL Architecture 201 S. College Fort Collins, CO 80524 OWNER: Steve and Kathleen Boeche 2236 Oak Ridge Dr. Carson City, NV 39703 PROJECT DESCRIPTION: This is a request to change the use of an existing single-family house to a five - bed bed and breakfast. The property is zoned LMN — Low Density Mixed -use Neighborhood District. SUMMARY OF RECOMMENDATION AND DECISION: STAFF RECOMMENDATION: Approval HEARING OFFICER DECISION: Approval with conditions ZONING DISTRICT: L-M-N, Low Density Mixed -Use Neighborhood 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020