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Home My WebLink AboutCLOCK TOWER APARTMENTS - REPLAT - 37-02B - DECISION - FINDINGS, CONCLUSIONS & DECISIONClocktower Apartments PDP Administrative Hearing Findings, Conclusions, and Decision April 10, 2003 cont. from March 24 Page 5 of 5 Transportation Level of Service Requirements Section 3.6 of the LUC imposes standards for all modes of transportation. The Staff Report indicates that the Project is in compliance with Section 3.6 of the LUC. Due to the nature of the use, and the fact that a fraternity was previously located on the site, a Transportation Impact Study was not submitted. SUMMARY OF CONCLUSIONS A. The Clocktower Apartments Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Clocktower Apartments Project Development Plan complies with all applicable district standards of Section 4.5 of the Land Use Code, (MMN) medium density mixed use neighborhood zone district. C. The Clocktower Apartments Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Clocktower Apartments Project Development Plan #37-02A, is hereby approved by the Hearing Officer without condition. Dated this 10th day of April 2003, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. 11-1� Cd_ Current Pla6hina Director Clocktower Apartments PDP Administrative Hearing Findings, Conclusions, and Decision April 10, 2003 cont. from March 24 Page 4 of 5 Landscaping and Tree Protection. The staff report outlines the Project's compliance with Section 3.2.1 concerning landscaping and tree protection and there was no evidence introduced at the hearing to contradict the Staff Report. Parking and Access. The staff report outlines the Project's compliance with Section 3.2.2 concerning access, circulation and parking. A total of 63 off-street parking spaces are required where a total of 48 off-street parking spaces are provided on the subject property. 15 additional off-street parking spaces will be provided in a lot immediately southwest of the site, which the applicant is partial owner of. The parking lot is located behind the building. Several landscape islands are included within the lot. Landscaping has been provided to screen this facility from adjacent residential uses. There was considerable discussion at the hearing from neighboring residents regarding the fence that lies in between the parking area and adjacent lots to the south, relative to its design and materials. The original six (6) foot -high fence design, depicted on page 4 of the plan submittal, showed a painted steel fence with pickets spaced one (1) foot apart and brick columns every twenty (20) feet apart. The applicant has revised the design, based on concerns expressed by the neighborhood, that results in a six (6) foot -high solid wood fence, with brick columns placed twenty- (20) feet on -center. Therefore, based on the evidence presented at the hearing, the Project complies with Section 3.2.2 of the LUC. Solar Access, Orientation, Shading The Hearing Officer finds that the Project is in conformance with the solar access standards specified in this section. Building and Project Compatibility Section 3.5.1 of the LUC requires that new developments be compatible with the established character of the area. Pursuant to this section, the proposed building includes architectural details, building materials, and forms that are similar to existing buildings in the area. Residential Building_ Standards The staff report outlines the Project's conformance with Section 3.5.2 concerning the design of residential buildings. Specifically, the proposal provides for the building to face and provide direct access to Birch Street. Clocktower Apartments PDP Administrative Hearing Findings, Conclusions, and Decision April 10, 2003 cont. from March 24 Page 3 of 5 From the Public: Georgine Bush, 1504 Emigh Street Marty Osecky, 708 City Park Avenue Peter Wilson, 720 City Park Avenue Michael Smith, Lambda Chi Alpha Fraternity Written Comments: Letter from Susan James, President, Chi Zeta House Corp dated April 9, 2003 FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: LMN — Chi Omega Sorority; E: MMN — vacant (CSU); S: MMN — Lambda Chi Alpha Fraternity W: MMN — Delta Delta Delta Sorority. The property was annexed into the City as part of the College Addition First Annexation in June 1956. 2. Compliance with Article 4 and the MMN — Medium Density Mixed Use Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the MMN zone district. 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 MMN District Standards. In particular, the proposed multi -family residential use is permitted within the MMN zone district subject to an administrative review. The proposed residential exceeds the minimum of seven (7) dwelling units per acre in "infill areas" zoned MMN. There was no direct testimony or evidence presented at the public hearing to contradict the Project's compliance with these standards. 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. Clocktower Apartments PDP Administrative Hearing Findings, Conclusions, and Decision April 10, 2003 cont. from March 24 Page 2 of 5 SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: MMN — Medium 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. Note: the hearing was continued from March 24th to April 10th to address deficiencies in the written public notice; adequate notice was provided for the continued hearing. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:00 p.m. on March 24, 2003 in Conference Rooms A and B, 281 N. College Avenue, Fort Collins, Colorado and continued the hearing to April 10, 2003. The April 10, 2003 hearing began at approximately 8:00 p.m. in the City Council Chambers at 300 La Porte Avenue. 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 public testimony provided during the 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 Sheri Wamhoff, Development Review Engineer From the Applicant: Barbara Siek Jeff Benham, Edge Architecture Comm •,v Planning and Environmenta ,..vices Current Planning CITY OF FORT COLLINS City of Fort Collins ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: April 10, 2003 (cont. from March 24) PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: Clocktower Apartments Project Development Plan #37-02A Jupiter -Bar, LLC P.O. Box 1613 Fort Collins, CO 80522 Jupiter -Bar, LLC P.O. Box 1613 Fort Collins, CO 80522 Cameron Gloss Current Planning Director The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP") proposing a 36-unit multi -family residential project located at the southwest corner of Wagner Drive and Birch Drive. This is the site of the former Sigma - Nu fraternity house. The existing building would be razed and be replaced with a three- story structure that will front onto Birch Drive. Parking will be provided within the rear of the lot, and take access from an adjacent private drive to the west and Wagner Drive. An adjacent parking lot to the southwest of this lot will provide additional parking. The Planning and Zoning Board approved this parking modification as a modification on October 17, 2002. The property is zoned MMN — Medium Density Mixed -Use Neighborhood District. A subdivision plat is part of the PDP application. This plat will dedicate necessary easements and remove a note that limits the setback along Birch Drive to 25 feet. 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020