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Eastgate 2nd Filing
Administrative Hearing
Findings, Conclusions, and Decision "
August 11, 2004
Page 6 of 6
C. The Eastgate 2nd Filing Project Development Plan complies with all applicable
General Development Standards contained in Article 3 of the Land Use Code
except for Section 3.2.2 where a Modification of Standards has been requested.
D. With Respect to Section 3.2.2(L) (1) (a) which sets standards for the design and
location of off-street parking spaces:
Granting the requested modification would be detrimental to the public
good and would impair the intent and purposes of the Land Use Code.
2. The plan as submitted will not 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 Eastgate Project Development Plan and Modification of Standards, #10-04
Is hereby denied by the Hearing Officer.
Dated this 25th day of August 2004, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Cameron t3lops
Current Planning Director
Eastgate 2nd Filing
Administrative Hearing
Findings, Conclusions, and Decision
August 11, 2004
Page 5 of 6
4. Evaluation of the Request of a Modification of Standards to Section 3.2.2
Access, Circulation and Parking:
As part of the evaluation of this application, the applicant testified at the
Administrative Hearing that three alternative designs were reviewed during the
course of the site analysis. Of the three site planning options presented at the
hearing, Plan "A" was brought forward by the applicant as the preferred option.
The Hearing Officer's action is based upon Plan A. This option was used as the
basis to modify the parking requirements of Section 3.2.2 of the Land Use Code
The Land Use Code sets off-street parking requirements based on the number of
bedrooms within each multi -family residential unit. In this case, one and three
quarter (1 1/) parking spaces must be provided for each of the four (4) multi-
family units, therefore, a total of seven (7) off-street parking spaces is required
on -site. In order to be included in the parking calculations, all parking spaces
must have unrestricted access. Therefore, "tandem" or back-to-back off-street
parking spaces could not fulfill the requirements of this section. The applicant is
requesting a design with a total of four off-street spaces, including 2 spaces
within individual attached garages and two surface parking spaces.
The Hearing Officer does not find that the proposed parking design complies with
the modification criteria. The project site is located within a suburban setting,
with relatively large lots and parking located predominantly off-street. None of
the design options —shown as Plans B and C—submitted by the applicant, and
used as a basis of comparison to the proposed development plan, meet the strict
application of the City's Engineering Design Standards. To comply with the
standards, driveways must be configured perpendicular to the street for a
distance of at least twenty five feet and curb cuts must be separated a minimum
of twelve feet apart. This proposed configuration does not result in a design that
is as safe, convenient and attractive as a compliant plan.
SUMMARY OF CONCLUSION
A. The Eastgate 2nd Filing Project Development Plan is subject to administrative
review and the requirements of the Land Use Code (LUC).
B. The Eastgate 2nd Filing Project Development Plan complies with all applicable
district standards of Section 4.4 of the Land Use.Code, (LMN) Low Density Mixed
Use Neighborhood zone district.
Eastgate 2nd Filing
Administrative Hearing
Findings, Conclusions, and Decision
August 11, 2004
Page 4 of 6
Richard Roberts, owner of Lot 16, Eastgate Subdivision and President of the
Eastgate Owners Association, identified concern over the lack of approval from
the Eastgate Owners Association for use of Tract B as a multi -unit housing site.
In addition, a letter from Brian R. Leone, legal representative to the Eastgate
Owners Association, was part of the public record and reiterated those concerns
and cited additional issues. The stated principal areas of concern are as follows:
• Article III of the Declaration of Covenants, Conditions and Restrictions
(CC& R's) associated with the Replat of Tract "A" Eastgate, First Filing,
requires review and approval of this development to be submitted to and
approved by the Architectural Control Committee of the Eastgate Owners'
Association. At the time of the hearing, no such review had been
completed.
• Preamble, Article II of the CC&R's indicates that Tract B would remain an
open -space park area and would be utilized for detention and drainage
purposes as part of a common scheme and plan related to the
subdivision.
• Tract B was dedicated to the City of Fort Collins as a "detention and utility
easement" on the Replat of Tract "A" Eastgate, First Filing. Note: The
PDP application includes a request to vacate a portion of the easement
encumbering Tract B.
According to the Staff Report, the City staff has found that the drainage pond
reconfigured to accommodate additional stormwater runoff from this site and
other parcels within the development will function to City standards. Therefore,
based on the evidence presented at the hearing, the Project complies with
Section 3.3.3 Water Hazards and Section 3.3.5 Engineering Design Standards of
the LUC.
Although the Hearing Officer finds that the concerns raised by opponents of the
PDP are insightful and there may possibly be a violation of private covenants
governing the property, the PDP 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 PDP in
conformance with the applicable regulations. There is no authority for the
Hearing Officer to mandate that the Applicant or Owner comply with private
covenants that exceed the minimum requirements of the Land Use Code in
designing the development.
Eastgate 2nd Filing
Administrative Hearing
Findings, Conclusions, and Decision
August 11, 2004
Page 3 of 6
Joanne Perne, 37369 Lee Lake Ave., Windsor
Brent Balik, 3109 Azalea Dr.
Written Comments:
Letter to David E. Phillips from Brian R. Leone, legal counsel to the Eastgate
Owners Association, Inc. dated August 4, 2004.
FACTS AND FINDINGS
1. Site Context/Background Information
The surrounding zoning and land uses are as follows:
N: E — undeveloped
S: LMN — multi -family residential
E: LMN — storm drainage detention pond
W: RL — single family residential
The property was annexed in October 1967 as part of the Burch Fourth
Annexation.
2. Compliance with Article 4 and the LMN — Low Density Mixed Use Zoning
District Standards:
The Project Development Plan complies with all applicable requirements of
Article 4 and the LMN zone district except for the requested modification to the
off-street parking standards (see Section 4 below). The Staff Report summarizes
the PDP's compliance with these standards and no specific evidence was
presented to contradict or otherwise refute the compliance with Article 4 or the
LMN District Standards. In particular, the proposed multi -family residential use
(with fewer than eight units) is permitted within the LMN zone district subject to
an administrative review.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
The project development plan complies with all applicable sections of Article 3 of
the LUC as explained below.
While there was no direct testimony or evidence presented at the public hearing
to contradict the Project's compliance with these standards, the testimony of Mr.
Eastgate 2nd Filing
Administrative Hearing
Findings, Conclusions, and Decision
August 11, 2004
Page 2 of 6
SUMMARY OF HEARING OFFICER DECISION: Denial
ZONING DISTRICTS: LMN — Low Density Mixed Use Neighborhood District
STAFF RECOMMENDATION: Approval
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 4:30 p.m. on August 11, 2004 in Conference Rooms C and D,
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 the public 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:
Bob Barkeen, City Planner
Katie Moore, Development Review Engineer
Wes Lamarque, City Stormwater Engineer
From the Applicant:
Ric Hattman, Hattman Associates
Brian Shear, Shear Engineering
Dave and Kerri Phillips, 2932 Des Moines Dr.
From the Public:
Richard Roberts, 617 Colorado St
City of Fort Collins
Comn .city Planning and Environment. Services
Current Planning
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:
August 11, 2004
Eastgate 2M Filing PDP
#10-04
Hattman Associates
145 West Swallow Road
Fort Collins, CO 80525
Dave Phillips
1420 Blue Spruce Drive
Fort Collins, CO 80524
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to construct a four -unit multi -family building on
an existing tract of land at the southwest corner of Riverside Avenue and Montgomery
Street. The site is 33,600 sq.ft. in area and is currently used for storm drainage
detention and open space. A subdivision plat is accompanying the PDP. This plat will
vacate a portion of the existing storm drainage detention pond to accommodate a 5,900
sq.ft. building envelope. This building is two stories in height and will gain vehicular
access from the front of the lot off Montgomery Street. The remainder of the lot will
continue to be used for storm drainage detention.
A modification of standards request accompanies the PDP and is integral to the
proposed design. This modification request is to allow three on -street parking spaces to
be counted towards the minimum off-street parking spaces serving the multi -family
residential units. The remainder of the parking would be provided in individual garages
with each unit.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020