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HomeMy WebLinkAbout1310 LAPORTE AVENUE - MODIFICATION OF STANDARD - 35-04 - DECISION - FINDINGS, CONCLUSIONS & DECISIONn l- WN R17A WMIA RIMPIR; I WE 19 WwW 4 1 ipil lip 1 � 1 � ISr No Text ��m� �I I S7tY�l�t.�7(�-P� /�4�� m/ g/oA d,,x� i s4rA-b ve ¢ In � Please Qrcr�.D�� _ e � r i swroliTI47e ONTO ,/ 7 aLi �3 Q CL R' 0�ad N, ' G 20 4,na c� City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Modification of Standard for 1310 Laporte Ave. - #35-04 Date of Decision: November 1, 2004 Page 8 concerns are valid, though not necessarily persuasive in making this decision. In particular, the question of ownership of a portion of the Project site is subject to judicial interpretation, which the Hearing Officer understands, is presently underway. For the foregoing reasons, the Hearing Officer denies the Request for Modification to Section 4.6(D)(1). SUMMARY OF CONCLUSIONS The Hearing Officer finds and concludes that the Applicant's Request for Modification of the Standard located in Section 4.6(D)(1) is not justified as it does not meet any of the criteria set forth in Section 2.8.2(H) of the Land Use Code. DECISION The Request for Modification of Standard in Section 4.6(D)(1) of the City of Fort Collins Land Use Code for 1310 Laporte Avenue (Case Number 35-04) is denied. DATED THIS 1st DAY OF NOVEMBER, 2004. Linda C. Michow, Hearing Officer City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Modification of Standard for 1310 Laporte Ave. - #35-04 Date of Decision: November 1, 2004 Page 7 Laporte; a 4 '/ foot wide sidewalk plus a 6 foot parkway on Leland and an increased width sidewalk along McKinley, the design of which will be determined at the time of PDP review. The Hearing Officer upholds and adopts Staff's findings regarding non-compliance with Section 2.8.2(H)(4). Most notably, the Hearing Officer finds that allowing a developer to calculate lot size prior to necessary deductions for right-of-way dedications would deteriorate the primary purpose of the minimum lot size requirement. Moreover, the Hearing Officer finds that the dedication requirements for this Project are significant in that the existing three-foot sidewalks would have to be widened in order to meet "Code." As many of the neighbors testified at the hearing, the traffic concerns and location of the elementary school necessitate fulfillment of these dedication requirements. The Applicant argues that Section 3.8.8(B) allows the reduction of lot sizes below minimum requirements of no more than 25% and that such reduction establishes a "threshold of what is a nominal and inconsequential impact to a lot size when additional land is taken from lots and given over to widen a street." The Applicant's argument, while creative, does not comport with the intent or plain meaning of Section 3.8.8(B). As previously stated in this Decision, the purpose of Section 3.8.8(B) is to provide development opportunities to an existing lot when a portion of the lot has been conveyed or condemned to accommodate, for example, a public works' project to widen streets. It simply does not apply to a new development in which lots are being created. Finally, the Applicant argues that in accordance with Section 2.8.2(H)(4), the Project will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Planning Staff disagrees with this assertion, noting that the Project will not advance any of the stated purposes of the Land Use Code. The Hearing Officer agrees with Staffs position in that the Project will not ensure that growth and development occurs consistent with the Land Use and will not avoid inappropriate development of lands. The Applicant is not required, nor entitled, to subdivide this Property into four lots to maximize profit for this Project. As noted by the Case Planner, the Applicant has many other options to develop the Property consistent with the requirements of the LUC. There was ample public testimony in opposition to the Applicant's Modification request. Most of the testimony centered upon the area's traffic congestion, proximity of the Project to Putman Elementary School, and the question of ownership of a strip of property included within the Project boundaries. The Hearing Officer notes that these City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Modification of Standard for 1310 Laporte Ave. - #35-04 Date of Decision: November 1, 2004 Page 6 The plan as submitted does diverge from the standards of the Land Use Code, specifically: • 3.3.1 Plat Standards, (B) Lots, (1) which states that, No lot in a subdivision shall have less area than required under the applicable zoning requirements of the city, • 4.6(D)(1) NCL District Land Use Standards —Density states: ...Minimum lot area shall be equivalent to at least three (3) times the total floor area of the building(s), but not less than six thousand (6,000) square feet. and, • 3.3.1.( C)(1) Public Sites, Reservations and Dedications states, An applicant shall be required to dedicate rights -of -way for public streets, drainage easements and utility easements as needed to serve the area being platted. In cases where any part of an existing road is in the tract being subdivided, the applicant shall dedicate such additional right-of-way as may be necessary to increase such roadway to the minimum width required under this Land Use Code for such street. These divergences from the Land Use Code are neither nominal nor inconsequential in that they would set precedents for any developer to do the same. The applicant's supposition that "the City is not planning to widen any of the streets in the foreseeable future" is incorrect. There are attached 3 foot wide sidewalks on all of the three street frontages of the property in question. With the development of this site, the City will require the sidewalks to be brought up to code, which would mean a 5 foot wide sidewalk plus an 8 foot wide parkway on City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Modification of Standard for 1310 Laporte Ave. - #35-04 Date of Decision: November 1, 2004 Page 5 Staff Report, the Applicant has failed to comply with the procedure to assert a takings claim, and therefore, this Type 1 Administrative Hearing is not the proper forum to consider such a claim. In addition to the takings argument, the Applicant asserts that granting of the Modification request would not be detrimental to the public good "because the city has already determined in Section 3.8.8(B) of the LUC that reduction in minimum lot size by 25% for the purpose of increasing the size of a public street right-of-way is not detrimental to the public good." See Applicant's Letter dated October 18, 2004. Section 3.8.8(B) states that: When an existing lot is reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining area is at least seventy-five (75) percent of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to comply with the minimum lot size standards of this Land Use Code. The Hearing Officer finds, however, that the Applicant's reliance on this Section is misplaced. It is intended to address a situation in which a portion of an existing lot is conveyed to a governmental entity (through condemnation or otherwise) and the remaining lot is subsequently rendered unbuildable under the City's existing requirements. Section 3.8.8(B) insures that the remaining lot, provided it is at least 75% of the minimum lot size for the district, can be developed in order to avoid a claim of a taking. Section 3.8.8(B) does not apply to the Applicant's Project because it specifically addresses existing lots and not lots proposed to be developed. If the Hearing Officer were to adopt the Applicant's position, then Section 3.8.8(B) could be applied to every new development in which right-of-way or park land dedications are required in order to avoid complying with minimum lot sizes. This result, in the Hearing Officer's opinion, is not sound. The Applicant further relies on subsection (4) of Section 2.8.2(H) in asserting that the plan will not diverge from the standards in the Land Use Code... except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The Planning Staff Report states, on the other hand, that: City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Modification of Standard for 1310 Laporte Ave. - #35-04 Date of Decision: November 1, 2004 Page 4 and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Section 4.6(D)(1) Modification Request. The Section upon which the Applicant's Modification request is based requires: Minimum lot area shall be equivalent to at least three (3) times the total floor area of the building(s), but not less than six thousand (6,000) square feet... The Applicant proposes to subdivide an existing 24,031 square foot lot into four lots, none of which would meet the 6,000 square foot minimum lot size requirement. The Applicant submitted a written letter dated September 15, 2004 to present its justifications for approval of the Modification, and subsequently submitted an updated written justification to the Case Planner, Ms. Aspen, at approximately 3:30 p.m. on the day of the hearing. In both letters, the Applicant essentially argues that the City's right- of-way dedication requirement is a "taking," explaining in the October 18, 2004 letter that: Although the City has traditionally required property owners (as part of the development approval process) to dedicate additional right-of-way to bring street widths up to current Fort Collins street standards for streets adjacent to developments, in this case we argue that there is no proportional nexus between the value of the reduction in allowed development intensity and the impacts this development would cause. The loss of the land to the wider street right of way, in this case, reduces the number of lots that are allowed by code, from four to three. Generally speaking, buildable lots in this neighborhood are conservatively worth around $80,000. The value of the taking is thus approximately 80,000. There is clearly a nexus, in that the City has a regulatory interest in obtaining enough right-of-way to meet current street standards, however, the be (sic) loss of $80,000 in value to the project far exceeds any "rough proportionality" between the City's interest, and the impacts of the development. In accordance with Division 2.13, Vested Rights and Takings Determinations, the Hearing Officer finds it has no jurisdiction to consider the issue of whether the City's right-of-way dedication requirements amount to a taking in this case. As noted in the City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Modification of Standard for 1310 Laporte Ave. - #35-04 Date of Decision: November 1, 2004 Page 3 A modification may only be granted where the Hearing Officer finds that the granting of the modification would not be detrimental to the public good, and that one of the following factors exists: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exception physical conditions or other extraordinary and exception situations, unique to such property, including but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Modification of Standard for 1310 Laporte Ave. - #35-04 Date of Decision: November 1, 2004 Page 2 City Council Chambers of the City of Fort Collins located at 300 LaPorte Avenue, Fort Collins, Colorado. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established that the October 18, 2004 administrative hearing was properly posted, legal notice mailed and notice published. RECORD OF HEARING: The Hearing Officer accepted into the record the following evidence: (1) Planning Department Staff Report; (2) Application, maps, plans and other supporting documents submitted by the applicant and the applicant's representatives; (3) neighborhood information meeting notes; (4) sign -in sheet for public testimony; (5) written correspondence from members of the public, including a copy of a deed submitted at the hearing; and (6) an audio tape of the administrative hearing. The City of Fort Collins Land Use Code ("LUC"), and the formally promulgated policies of the City are made part of the evidence and record considered by the Hearing Officer. FINDINGS OF FACT SUMMARY: Based on the evidence presented at the hearing, the Hearing Officer finds that the Modification of Standard does not meet the criteria set forth in Section 2.8.2 of the LUC as more fully set forth below. 1. The Applicant has not met the Criteria of Division 2.8 - Modifications of Standards. In accordance with Division 2.8' of the LUC, the Applicant has submitted a requests for Modification to the Standard set forth in Section 4.6(D)(1) of the LUC concerning minimum lot size within the NCL — Neighborhood Conservation, Low Density Zone District. Section 2.8.1 provides that "[t]he decision maker is empowered to grant modifications to the General Development Standards contained in Article 3 and the Land Use Standards and Development Standards contained in Article 4... for: (1) overall development plans and/or project development plans which are pending approval at the time the request for proposed modification is filed..." City of Fort Collins Comm ity Planning and Environmenta Hvices Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: October 18, 2004 PROJECT: Modification of Standard in Subsection 4.6(D)(1) of the Land Use Code for 1310 Laporte Avenue (#35-04) APPLICANT: OWNER: HEARING OFFICER: SUMMARY OF DECISION: M. Torgerson Architects, PC. c/o Troy Jones 211 Jefferson Fort Collins, Colorado 80524 Mike Jensen 1310 Laporte Ave. Fort Collins, Colorado 80521 Linda Michow, Esq. Widner & Michow, LLP 4600 S. Ulster Street, Suite 700 Denver, Colorado 80237 Denial PROJECT DESCRIPTION AND PROCEDURE The Property is located at the northeast corner of Laporte Avenue and McKinley Avenue. The Applicant is requesting a modification of standard in 4.6(D)(1) Land Use Standards —Density to allow smaller lots than the 6,000 square foot minimum lot size required in the NCL Zone District. If the modification request is approved, the Applicant would submit a PDP application to subdivide the lot into four lots. Three of the proposed lots would contain three new single family residences, while the existing residence would remain and be converted from a boarding house to a single family residence. None of the proposed lots would meet the 6,000 square foot minimum. ZONE DISTRICT: The property is zoned NCL-Neighborhood Conservation, Low Density District. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 8:30 p.m. on October 18, 2004 in the 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020