HomeMy WebLinkAbout300 SMITH STREET, OLD TOWN COMMONS - FDP - 39-03B - REPORTS - PROJECT EXTENSION (5)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
3. ARTICLE 4 — Division 4.8 Neighborhood Conservation, Medium Density (NCM)
District
As stated, the plan as previously approved, does not comply with the applicable
standards of ARTICLE 4 — DISTRICTS of the LUC. Section 4.8(D)(5) regarding
floor area ratio was adopted after the initial submittal of this project, it did not apply
to this development plan until a final plan extension was requested by the applicant.
This section states:
Floor Area Ratio (FAR). Lots are subject to a maximum FAR of thirty-three
hundredths (0.33) on the rear fifty (50) percent of the lot.
This limits the floor area on the rear half of this lot to 1,567 square feet. However,
the rear half of the plan includes a two story structure of approximately 3,348 square
feet of floor area, more than doubling the permitted floor area.
If denied, the applicant would have to re -submit a project development plan and if
the plan still includes a floor area that is not in compliance with this standard a
modification of standard would be needed.
4. Findings of Fact/Conclusion:
A. The Old Town Commons — Final Plan Extension Request does not comply with
Article 2 standards, as it is not in compliance with the Standards of Article 4 of
the LUC.
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 does not comply with Section 4.8(D)(5) of
the District standards located in ARTICLE 4.
RECOMMENDATION:
Staff recommends denial of the Old Town Commons (300 Smith Street) — #39-0313 —
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 2
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).
The Old Town Commons, Final Plan, as previously approved, does not comply with
Section 4.8(D)(5) regarding rear floor area ratio; therefore, staff recommends denial of
the extension request.
COMMENTS:
1. ARTICLE 2 - ADMINISTRATION
The process for requesting extensions to a Final Plan is found in Section 2.2(D)(4)
Extensions. It states:
Extensions for two (2) successive periods of one (1) year each may be granted
by the Director, upon a finding that the plan complies with all general
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. Any
additional one-year extensions shall be approved, if at all, only by the Planning
and Zoning Board, upon a finding that the plan complies with all applicable
general 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...
Two administrative extensions have been granted by the Director to date. The
section of code (4.8(D)(5)) that the plan does not comply with was adopted on April
20, 2004. The initial development application was submitted on November 18,
2003; therefore, this standard did not apply to the PDP during initial review.
The final compliance plans were approved on October 5, 2005; engineering
improvements were required to be completed by October 5, 2008. The first
extension was granted on September 12, 2008 and the second on September 30,
2009. Due to the timing of the standard being adopted prior to the plan's
finalization, it was overlooked by staff when the first two extensions were granted.
2. 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.
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ITEM NO 3
MEETING DATE /' cf4
STAFF 1'4 4_�
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 and alley improvements
along the east side of the site. The site is located in the NCM, Neighborhood
Conservation, Medium Density Zone District.
There have been two administrative extensions for this plan to date; one on September
12, 2008 and the second on September 30, 2009. Staff has reviewed the project
against the current applicable standards and finds that the project is not in compliance
with Section 4.8(D)(5) of the Land Use Code (LUC) regarding the rear floor area ratio
limitation; therefore, Staff is recommending denial of this extension request.
RECOMMENDATION: Denial
EXECUTIVE SUMMARY:
The Old Town Commons, Final Plan, as previously approved, shall comply with all
current applicable standards located in Articles 3 and 4 according to Section 2.2(D)(4)
Extensions.
Current Planning 281 N College Av PO Box 580 Fort Collins, CO 80522-0580
fcgov.com/currentplanning 970.221.6750