HomeMy WebLinkAbout300 SMITH STREET, OLD TOWN COMMONS - FDP - 39-03B - REPORTS - PROJECT EXTENSIONOld Town Commons (300 Smith Street) — #39-03B — One (1) Year Extension of Final Plan
October 21, 2010 - Planning & Zoning Board Public Hearing
Page 4
5. ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS
The Old Town Commons - Final Plan, as previously approved, continues to comply with the
applicable standards in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of the LUC.
6. ARTICLE 4 - DISTRICTS
A. Division 4.8 — Neighborhood Conservation, Medium Density (NCM) District
Multi -family dwellings, up to 4 units per building, are permitted in the NCM, Neighborhood
Conservation Medium Density District, subject to a Planning and Zoning Board (type 2) review.
The purpose of the NCM District is:
Intended to preserve the character of areas that have a predominance of
developed single-family and low- to medium -density multi -family housing and
have been given this designation in accordance with an adopted subarea plan.
The Old Town Commons — Final Plan continues to comply with the purpose of the NCM District
as it is a low to medium density housing development, designed to preserve the existing
character of the neighborhood; and it is a previously approved Project Development Plan (PDP)
complying with the development standards located in Section 4.8 NCM District of the Land Use
Code (LUC). Staff recommends approval of the one (1) year extension request.
7. Findings of Fact/Conclusion:
A. The Old Town Commons — Final Plan Extension Request meets the criteria set forth in
Article 2 as the applicant has demonstrated that completing the required engineering
improvements on the site "would result in unusual and exceptional practical difficulties or
undue hardship" due to the current economic climate and the extension request is not
detrimental to the public good.
B. The Old Town Commons — Final Plan, as previously approved, continues to comply with
the applicable standards in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of
the LUC.
C. The Old Town Commons — Final Plan continues to comply with the purpose of the NCM
District as it is a low to medium density housing development, designed to preserve the
existing character of the neighborhood; and it is a previously approved Project
Development Plan (PDP) complying with the development standards located in Section
4.8 NCM District of the Land Use Code (LUC).
RECOMMENDATION:
Staff recommends approval of the Old Town Commons (300 Smith Street) — #39-03B — One (1)
Year Extension of Final Plan.
Old Town Commons (300 Smith Street) — #39-03B — One (1) Year Extension of Final Plan
October 21, 2010 - Planning & Zoning Board Public Hearing
Page 3
development standards as contained in Article 3 and Zone District Standards as
contained in Article 4 at the time of the application for the extension, and that:
(a) the applicant has been diligent in constructing the engineering
improvements ... or
(b) due to other extraordinary and exceptional situations unique to the
property, completing all engineering improvements would result in
unusual and exceptional practical difficulties or undue hardship upon the
applicant,
and granting the extension would not be detrimental to the public good (Division
2.2.11(D)(4), LUC).
The Old Town Commons - Final Plan on the subject property was approved by the Director of
Planning on October 5, 2005, all engineering improvements were required to be completed by
October 5, 2008. The Planning Director has previously granted two (2) one (1) year extensions,
extending the Final Plan approval to October 5, 2010. An additional one-year extension must
now go to the Planning and Zoning Board for a decision. If granted the Final Plan approval
would be extended to October 5, 2011.
4. STAFF'S ANALYSIS OF APPLICANT'S EXTENSION REQUEST
Extensions requests shall meet one of the following (per the standards of Article 2 of the LUC,
in addition to the plan's compliance with Article 3 and 4, which is discussed in Sections 5 and 6
of this Staff Report):
(a) the applicant has been diligent in constructing the engineering
improvements ... or
(b) due to other extraordinary and exceptional situations unique to the
property, completing all engineering improvements would result in
unusual and exceptional practical difficulties or undue hardship upon the
applicant,
and granting the extension would not be detrimental to the public good (Division
2.2.11(D)(4), LUC).
It is Staff's determination that the applicant has demonstrated that completing the required
engineering improvements on the site "would result in unusual and exceptional practical
difficulties or undue hardship upon the applicant" due to the current economic climate. The
applicant has stated that she has consulted with a focus group of local business leaders and
her financial institution, which led her to the decision to postpone the improvements to the site.
It is also Staffs determination that this extension request would not be detrimental to the public
good as it is an already approved development plan that was determined to meet the applicable
standards of the LUC in 2005 and still meets these standards as described in more detail in
Sections 5 and 6 of this Staff Report. Therefore, Staff recommends approval of this extension
request.
Old Town Commons (300 Smith Street) — #39-03B — One (1) Year Extension of Final Plan
October 21, 2010 - Planning & Zoning Board Public Hearing
Page 2
COMMENTS:
1. Backaround:
The surrounding zoning and land uses are as follows
N: CL (Limited Commercial); existing commercial development (existing insurance
agency)
E: CL; existing commercial development (Import Auto Body)
S: NCM; existing single-family residential development
W: NCM; existing single-family residential development
The property was part of the Original City of Fort Collins. The property is Lot 5 of Block 173 of
the Original Town Site Plat of the City of Fort Collins, dated January 1873.
The development plan for the Old Town Commons (300 Smith Street) was approved by the
Planning and Zoning Board in February of 2005, and the final plan was approved by the
Planning Director on October 5, 2005. The plan includes: a three (3) unit multi -family dwelling
(tri-plex): a one car attached garage for each unit and four parking spaces provided off the
alley; sidewalk and parkway to be built along Olive Street; and the alley will be paved along the
property's frontage.
On September 12, 2008 and September 30, 2009, the Current Planning Director approved two
(2) administrative one (1) year extensions for the Old Town Commons - Final Plan that was
originally approved on October 5, 2005. Based on these extensions, all engineering
improvements (water, sewer, streets, curb, gutter, street lights, fire hydrants and storm
drainage) should have been completed no later than October 5, 2010. The Director is
authorized to grant extensions only for two (2) successive periods of one (1) year each. Any
additional one-year extensions may be approved, if at all, only by the Planning and
Zoning Board.
2. APPLICANT'S EXTENSION REQUEST
The Applicant's written request for a one (1) year extension for the Old Town Commons — Final
Plan is attached to this Staff Report.
3. ARTICLE 2 - ADMINISTRATION
Section 2.2.11(D)(4) Extensions
This section states that:
Extensions for two (2) successive periods of one (1) year each may be granted
by the Director, upon finding that the plan complies with all general development
standards as contained in Article 3 and Zone Districts Standards as contained in
Article 4 at the time of the application for the extension. Any additional one-
year extensions may be approved, if at all, only by the Planning and Zoning
Board, upon a finding that the plan complies with all applicable general
Farof
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ITEM NO J
MEETING DATE 10 yr be
STAFF IL,, ArAle,
PLANNING & ZONING BOARD
PROJECT: Old Town Commons (300 Smith Street) — #39-03B — One (1) Year
Extension of Final Plan
APPLICANT: Rosita M Bachmann
Bachmann Enterprises, LLC
8018 Fox Hill Drive
Longmont, CO 80501
OWNER: Same
PROJECT DESCRIPTION:
This is a request for a one (1) year extension, to October 5, 2011, of the approved Old Town
Commons, Final Plan. The plan, approved by the Planning and Zoning Board in February of
2005, is for a three (3) unit multi -family dwelling (tri-plex) located at the southeast corner of
Smith and Olive Streets. The.applicant is responsible for the following public improvements
before the use can become vested: sidewalk, parkway and driveway improvements located in
the City's right-of-way; alley improvements along the east side of the site; and sewer service
improvements to serve the development. The site is located in the NCM, Neighborhood
Conservation, Medium Density Zone District and the plan is in compliance with the current
applicable Standards of the Land Use Code (LUC).
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
The Old Town Commons, Final Plan, as previously approved, continues to comply with the
applicable standards in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of the Land
Use Code (LUC).
As set forth in ARTICLE 4 - DISTRICTS, Division 4.8 Neighborhood Conservation, Medium
Density District, multi -family dwellings up to 4 units per building are permitted, subject to a
Planning and Zoning Board (Type 2) review. The Old Town Commons — Final Plan continues
to comply with the purpose of the NCM District as it is a low to medium density housing
development, designed to preserve the existing character of the neighborhood; and it is a
previously approved Project Development Plan (PDP) complying with the development
standards located in Section 4.8 NCM District of the Land Use Code (LUC). Staff recommends
approval of the one (1) year extension request.
Current Planning 281 N College Av PO Box 580 Fort Collins, CO 80522-0580
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