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HomeMy WebLinkAboutTHE FARMSTEAD - PDP - 8-03 - DECISION - FINDINGS, CONCLUSIONS & DECISIONNo Text TD �61 K6m q% a 6(, 4 bP �z3 N- GOI�:G�J 4 /6 - 7:�31 S aczrssE 2911.19' r,S & Porte Avenue (60' R.O.W. EXISTImal City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing Farmstead PDP — #8-03 Date of Decision: July 12, 2004 Page 12 3. With the approval of the requests for Modification of Standard to Section 3.6.2(C), the Project Development Plan complies with the applicable General Development Standards of Articles 3 of the LUC. 4. The Applicant's Request for Modification of the Standard located in Section 3.6.2(C) is justified. DECISION The Farmstead Project Development Plan - #8-03 is hereby unconditionally approved. DATED THIS 12TH DAY OF JULY, 2004. Linda C. Michow, Hearing Officer LCM\57069.31 \ 479488.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing Farmstead PDP — #8-03 Date of Decision: July 12, 2004 Page 11 Planning Report indicates, "the plan, as submitted, being a qualified affordable housing project, would 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." In addition, Planning Staff recognizes that the Project will not diverge from the standards of the LUC except in a nominal and inconsequential way because the Project provides for a turnaround in the form of a hammerhead. The Hearing Officer notes that no evidence was presented at the hearing to object to the Modification request. The Hearing Officer finds, based on the justifications presented by Planning Staff and the Applicant, that the PDP meets the criteria set forth in Section 2.8.2(H)(2) and (4) and will not be detrimental to the public good. Specifically, the PDP complies with subsection (H)(2) in that the PDP, as submitted, will substantially alleviate the city-wide concern for providing affordable housing. Moreover, consistent with Section 2.8.2(H)(4), the Plan's deviation from the 80-foot temporary turnaround easement requirement is nominal given that the Plan provides for an alternative turnaround in the form of a hammerhead. The Hearing Officer also relies on the fact that the Poudre Fire Authority has no objection to the hammerhead design. For these reasons, the Hearing Officer approves the Request for Modification to Section 3.6.2(C). SUMMARY OF CONCLUSIONS The Hearing Officer's Findings and Conclusions are hereby summarized as follows: The residential land uses proposed by the PDP are permitted in the LMN —Low Density Mixed -Use Neighborhood District. 2. The PDP complies with the applicable Land Use and Development Standards of the LMN zone district, as codified in Article 4 of the LUC. LCM\57069.31 \479488.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing Farmstead PDP — #8-03 Date of Decision: July 12, 2004 Page 10 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, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Section 3.6.2 Modification Request. The PDP does not meet the requirement for a temporary turnaround easement for Pennsylvania Street. This Section provides: Except as provided in (B) above for cul-de-sacs, no dead-end streets shall be permitted except in cases where such streets are designed to connect with future streets on adjacent land, in which case a temporary turnaround easement at the end of the street with a diameter of at least eighty (80) feet must be provided. Such turnaround easement shall not be required if no lots in the subdivision are dependent upon such street for access. As the Applicant has explained in its written Modification Request dated March 22, 2004, "[b]ecause this proposed PDP includes a full hammerhead turn around at the termination of Pennsylvania Avenue... this Project as proposed without an 80 foot diameter temporary turnaround easement would not diverge from the standards of the Land Use Code with regard to section 3.6.2 (C) except in a nominal and inconsequential way since a temporary turnaround is provided in the form of a hammerhead. The Applicant further notes that the Poudre Fire Authority will not require the 80 foot diameter because the Project includes a full fire lane loop from the termination of Pennsylvania Avenue east to Taft Hill Road. At the hearing, the Applicant testified that City Staff recommended the hammerhead design as an alternative turnaround. Planning Staff recommends approval of the Modification request, finding that the Project meets two of the justification criteria set forth in Section 2.8.2(H). As the LCM\57069.31 \479488.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing Farmstead PDP — #8-03 Date of Decision: July 12, 2004 Page 9 change in the current Level of Service. Therefore, the Hearing Officer finds that Section 3.6.4(B) has been met. 3. The Applicant has met the Criteria of Division 2.8 — Modifications of Standards Regarding Section 3.6.2(C). In accordance with Division 2.82 of the LUC, the Applicant has submitted a request for Modification to the Standard specified in Section 3.6.2 (C) requiring a temporary turnaround easement for the extension of Pennsylvania Street. 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 2 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..." LCM\57069.31 \479488.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing Farmstead PDP — #8-03 Date of Decision: July 12, 2004 Page 8 Section 3.6.4, concerning Transportation Level of Service Requirements, has also been met. This Section requires that all development plans adequately provide vehicular, pedestrian and bicycle facilities necessary to maintain the adopted transportation Level of Service standards contained in Part II of the City of Fort Collins Multi -Modal Transportation Level of Service Manual for motor vehicle, bicycle, and pedestrian modes of travel. The Applicant provided a Transportation Memorandum for the Project, under its predecessor name "The Village," which was prepared in anticipation of a 24 unit development. As presented at the hearing, the number of dwelling units contained within the PDP has been reduced to 19 dwelling units. At the higher density level, the Transportation Memorandum concludes, in pertinent part, the following: • Current roadway operations in the area... are acceptable during all peak hour periods. • Site traffic associated with The Village development is expected to be 11 morning peak hour trips, 13 afternoon peak hour trips, and 141 trips per day. These trips are considered minor. • The impacts of the site generated traffic are negligible. This is evidenced by the finding that operating levels of service remain constant between current and future conditions with The Village fully built. • Per City criteria, traffic operations will be acceptable with the proposed development. The City traffic engineer confirmed that the traffic generated by this development would be minor. A neighboring resident abutting Pennsylvania Street testified at the hearing about the level of traffic on LaPorte Avenue and the difficulty of accessing LaPorte Avenue. The Hearing Officer understands and recognizes the perceived traffic problems on many existing roadways within the City. However, the Transportation Memorandum submitted by the Applicant, as well as City staffs testimony, support the finding that this Project will have only a negligible effect on the existing Level of Service on LaPorte Avenue. Traffic concerns are always the number one issue for neighboring residents. In terms of this Project, however, the Hearing Officer finds that traffic impacts will be minimal, with no LCM\57069.31 \479488.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing Farmstead PDP — #8-03 Date of Decision: July 12, 2004 Page 7 Building Size, Height, Bulk, Mass, Scale. The proposed buildings will be similar in height and massing to the existing residential buildings in the area. The building massing will be broken up with substantial wall plane variations, gables -dormers -windows on all four sides, and varying roofline directions and heights. Building materials. The proposed structures will consist of the following building materials: • The materials for the buildings will consist of horizontal lapboard siding, vertical board & batten siding, hardi-plank shingle siding, cultured stone, manufactured stone veneer accent trim, and asphalt composition roof shingles. • The primary color for the main body of the buildings is beige and the trim is to be off-white. These materials comply with the standard in Section 3.5.1(E)(1), which states: Building materials shall either be similar to the materials already being used in the neighborhood, or, if dissimilar materials are being proposed, other characteristics such as scale and proportions, form, architectural detailing, color and texture, shall be utilized to ensure that enough similarity exists for the building to be compatible, despite the differences in materials. Section 3.5.2. Residential Building Standards The proposal satisfies all Relationship of Dwellings to Streets and Parking standards. The foregoing excerpt fully illustrates the Project's compliance with Sections 3.2.1, 3.2.2, 3.3 and 3.5 of Article 3 of the LUC. LC M\57069.31 \479488.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing Farmstead PDP — #8-03 Date of Decision: July 12, 2004 Page 6 26.25 spaces for the proposed fifteen 2-bedroom dwelling units, at 1.75 spaces per 2-bedroom unit. • The large, single-family residential Lot 1 on the east side of the project, to be accessed from North Taft Hill Road, will provide at least one parking space on the lot, as required by the LUC. Staff rinds that the parking to be provided meets the minimum requirements of the LUC for the proposed residential uses in the development. Division 3.3 - Engineering Standards Section 3.3.1. Plat Standards The proposal complies with the general plat requirements as set forth in this section. Section 3.3.5. Engineering Design Standards The project complies with all design standards, requirements and specifications for services as stated in this section of the LUC. Division 3.5 - Building Standards Section 3.5.1. Building and Project Compatibility The Farmstead PDP satisfies all applicable Building and Project Compatibility standards, more specifically. Architectural Character. The proposed residential buildings will be similar in height (3Z-3" maximum) to the existing residential buildings in the areas to the north, west and south. They will reflect the proportions and roofiine articulation of those existing buildings. The roofs will be sloped from ridgelines running both north - south and east - west, with gables and dormers on all four sides. LCM\57069.31 \479488.01 City of Fort Collins - Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing Farmstead PDP - #8-03 Date of Decision: July 12, 2004 Page 5 Section 3.2.1. Landscaping and Tree Protection The proposal satisfies the applicable Landscaping and Tree Protection standards, including the following: Street trees. The proposed street tree planting is in accordance with Section 3.2.1(D)(2)(a), providing trees at 15'to 30' on -center in the 5' wide parkways (between curb and sidewalk) on the east and west sides of Pennsylvania Street, a local street, and at 40' on - center in the parkways along LaPorte Avenue and North Taft Hill Road. Parking lot landscaping - perimeter. Parking lot landscaping for this project is in accordance with the standards, including those related to Parking Lot Perimeter Landscaping [Section 3.2.1(E)(4)]. Section 3.2.2. Access, Circulation and Parking The proposal satisfies the applicable Access, Circulation and Parking standards, including the following: Required number of parking spaces. The development proposal satisfies the parking requirements set forth in the LUC for the residential uses in this project. • There are a total of 31 proposed parking spaces on -site. There will be 22 surface parking spaces and 9 garage parking spaces attached to the dwelling units. Section 3.2.2(K)(1) sets forth minimum parking requirements for residential land uses. • The minimum parking required for the project is as follows: 4.5 spaces for the proposed three 1-bedroom dwelling units, at 1.5 spaces per 1-bedroom unit. LCM\57069.31 \479488.01 / City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing Farmstead PDP — #8-03 Date of Decision: July 12, 2004 Page 4 Subsection (4) addresses design standards for multi -family dwellings containing more than six dwelling units. It states: Each multi -family dwelling containing more than six dwelling units shall feature a variety of massing proportions, wall plane proportions, roof proportions and other characteristics similar in scale to those of single-family detached dwelling units, so that such larger buildings can be aesthetically integrated into the low density neighborhood. This subsection applies to proposed building #1, which is a seven - unit building. Although there was no testimony at the hearing relative to this standard, nor any reference in the staff report, the Applicant's submitted plans illustrate that this section has been met. Specifically, building #1 incorporates the following design elements consistent with Section 4.4(E)(4): • roofs that are articulated; • facades with covered doorways; • distinct individualized entrances; and • other features such as stone veneer to divide large walls. 2. With the Exception of Division 3.6. the PDP Complies with Article 3 of the Land Use Code — General Development Standards. The Hearing Officer finds that the Farmstead PDP complies with the following applicable General Development Standards: Section 3.2.1 (Landscaping and Tree Protection); Section 3.2.2 (Access, Circulation and Parking); Division 3.3 (Engineering Standards); and Division 3.5 (Building Standards). The Staff Report explains in great detail how the project complies with these General Development Standards and the Hearing Officer accepts and adopts Staffs findings. No evidence presented at the hearing refuted these findings. The following excerpt from the Staff Report illustrates the Project's compliance with these standards: LCM\57069.31 \479488.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing Farmstead PDP — #8-03 Date of Decision: July 12, 2004 Page 3 services and conveniences, and that are fully integrated into the larger community by pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this district shall be arranged to form part of an individual neighborhood. According to Section 4.4(B)(2), single family detached dwellings and multi -family dwellings up to eight or less units per building are permitted uses subject to administrative review. Accordingly, the Hearing Officer finds that, subject to administrative review, the proposed single family and multi -family residential uses are permitted within the Low Density Mixed Use Neighborhood Zone District. The Hearing Officer further finds that the PDP meets the applicable Land Use and Development Standards set forth in Division 4.4 of the LUC, including the following specific provisions: 1. Section 4.4(D)(1) Land Use Standards This Section sets a maximum density of eight dwelling units per gross acre in the LMN District, except that affordable housing projects containing ten acres or less may attain a maximum density of twelve dwelling units per gross acres. As stated in the Staff Report, the gross residential density of this PDP, which qualifies per City policies as an affordable housing project, is 8.56 dwelling units per acre. Therefore, the Hearing Officer finds that the PDP meets the density requirements of this Section 4.4(D)(1). 2. Section 4.4 (E) Development Standards Subsection (3) limits the maximum building height of residential buildings to two and one half stories. The Staff Report and PDP plans illustrate that all five of the buildings will be no more than two stories in height. LCM\57069.31 \479488.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision June 28, 2004 Administrative Hearing Farmstead PDP — #8-03 Date of Decision: July 12, 2004 Page 2 PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:00 p.m. on June 28, 2004 in the 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 no controversy or facts to refute that the June 28, 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) sign -in sheet for public testimony; and (4) 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 Based on the evidence presented at the hearing, the Hearing Officer finds that the Farmstead PDP meets the applicable criteria and requirements of the LUC as discussed hereinbelow. In general, the Hearing Officer accepts the findings by City staff contained in the Staff Report. More specifically, the PDP meets the specific requirements of the LUC as summarized below: 1. The PDP Complies with Division 4.4 of the Land Use Code — Low Density Mixed -Use Neighborhood Zoning District. Section 4.4(A) of the LUC states the following purpose of the LMN District: The [LMN] District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, LCM\57069.31 \479488.01 City of Fort Collins Comma ty Planning and Environmenta. :rvices Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE PROJECT: June 28, 2004 Farmstead Project Development Plan — #8-03 APPLICANT: M. Torgerson Architects c/o Mikal Torgerson 223 North College Avenue Fort Collins, Colorado 80524 OWNER: Mikal Torgerson and John Walz 228 North College Avenue Longmont, Colorado 80524 HEARING OFFICER: SUMMARY OF DECISION Linda Michow, Esq. Gorsuch Kirgis LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 Approval PROJECT DESCRIPTION AND PROCEDURE The Farmstead Project Development Plan ("PDP" or "Project") proposes to construct a total of nineteen dwelling units in five separate buildings on 2.2 acres. The Project qualifies as an affordable housing project in that 10% of the units will be affordable and deed restricted'. The Project is located at the southwest corner of LaPorte Avenue and North Taft Hill Road, with the sole point of access at an extension of Pennsylvania Street. The property is surrounded on three sides (north, south and west) by existing residential, all of which is zoned LMN; to the east of the property is an existing cemetery zoned POL — Public Open Lands District. ZONE DISTRICT: The property is zoned LMN — Low Density Mixed Use Neighborhood Zoning District. ' Unrefuted testimony at the hearing indicates that this project qua!ifies as an affordable housing project as that term is defined in the definition section c` the City efi Fort Collins Land Use Code. LCM\57069.31 W9488.01 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020