HomeMy WebLinkAboutOLD TOWN NORTH, NORTH FLATS - PDP & MODIFICATION OF STANDARDS - 28-99D - DECISION - FINDINGS, CONCLUSIONS & DECISIONADMINISTRATIVE HEARING
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North Flats PDP/Modification
Administrative Hearing
Findings, Conclusions, and Decision
December 19, 2006
This approval is contingent upon the successful minor amendment to the Old Town
North Project PDP that will transfer sufficient residential density consistent with the
approved Old Town North PDP.
Dated this 20th day of December 2006, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
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Cameron GloFgirector
Current Plann
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North Flats PDP/Modification
Administrative Hearing
Findings, Conclusions, and Decision
December 19, 2006
SUMMARY OF CONCLUSIONS
A. The Old Town North, North Flats - Project Development Plan and Request for
Modifications of Standard is subject to administrative review and the
requirements of the Land Use Code (LUC).
B. The Old Town North, North Flats - Project Development Plan and Request for
Modifications of Standard complies with all applicable district standards of
Section 4.15 of the Land Use Code, (CCN) Community Commercial- North
College zone district.
C. The Old Town North, North Flats - Project Development Plan requests for
modifications of standard to the setback requirement found in Section 3.5.2
(D)(2), is found to be:
1. Not Detrimental to the Public Good; and
2. Does not deviate from the standard except in a nominal and inconsequential
way.
D. The Old Town North, North Flats - Project Development Plan requests for
modifications of standard to the setback requirement found in Section 3.8.19
(A)(6) and 3.8.19 (A)(7) are found to be:
1. Not Detrimental to the Public Good; and
2. Warranted by reason of existing exceptional physical. hardship and unique
physical characteristics based on site configuration.
E. The Old Town North, North Flats - Project Development Plan complies with all
applicable General Development Standards contained in Article 3 of the Land
Use Code, except where a modification has been granted under this approval.
DECISION
The Old Town North, North Flats Requests for Modifications of Standard to Section
3.5.2 (D)(2), 3.8.19 (A)(6) and 3.8.19 (A)(7), and Project Development Plan #28-99D, is
hereby approved by the Hearing Officer subject to the following Condition:
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North Flats PDP/Modification
Administrative Hearing
Findings, Conclusions, and Decision
December 19, 2006
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 except the building setback standards found in Section 3.5.2 (D)(2),
3.8.19 (A)(6) and 3.8.19 (A)(7) which are addressed through a separate request
for modification.
The Staff Report summarizes the PDP's compliance with the applicable site
planning and design (except as noted), access, circulation, parking, solar access,
engineering, building and project compatibility, building design, and
transportation standards, including the plat standards of Section 3.3.1. The
proposed lot arrangement complies with the design standards in that the lots
provide vehicular access to a public street, side lot lines are at substantially right
angles or radial to the street, and dedication of access, drainage and utility
easements necessary to serve the subject property . There was no evidence
submitted at the hearing to contradict the statements and conclusion of the Staff
Report concerning compliance or to otherwise refute compliance with the Article
3 Standards.
4. Compliance with the Review Criteria for Modification to Standard -Request
to Modify the Building Setback Standards.
The Project does not meet the setback requirements from a non -arterial street
found in Section 3.5.2(D)(2). Proposed non -compliant setbacks do not deviate
from previously modified setbacks that were approved under the Old Town North
PDP and under two sections of the LUC that are no longer extant in the code.
From the perspective of the Hearing Officer, the setbacks deviate in a nominal
and inconsequential way.
Portions of exterior stairs and carport eaves extend into required setbacks.
The Applicant has designed a bolted stair that can be removed in the event that
utility work needs to be performed. Carport support posts and an additional 3 1/
feet of roof overhang into the setback. The Hearing Officer finds that the
proposed design promotes the purpose of the standard equally well as would a
compliant design.
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North Flats PDP/Modification
Administrative Hearing
Findings, Conclusions, and Decision
December 19, 2006
Written Comments:
None.
FACTS AND FINDINGS
1. Compatibility with Surrounding Uses
The surrounding zoning and land uses are as follows:
N: CCN—Community Commercial — North College District —Existing
residential under construction (Old Town North) with CCN (vacant land)
beyond;
W: CCN—Community Commercial — North College District —Existing
residential under construction (Old Town North) with CCN (vacant land)
beyond;
S: CCN—Community Commercial — North College District —Existing
residential under construction (Old Town North) with CCN (vacant land)
beyond;
E: CCN—Community Commercial — North College District —Existing
residential under construction (Old Town North) with I- Industrial (vacant
land) beyond;
The property proposed for development is part of a previously approved Plan,
Old Town North (#28-99). The previously approved plans showed eight buildings
with 4 attached dwelling units each, with each unit on its own lot. The proposed
Plan results in eight buildings, with each building on its own lot.
2. Compliance with Article 4 and the CCN— Community Commercial North
College Zoning District Standards:
The Project Development Plan complies with all applicable requirements of
Article 4 and the CCN zone district except for compliance with the maximum
residential density approved under the original Old Town North PDP which has
been addressed through a condition of approval. The Staff Report summarizes
the PDP's compliance with these standards. In particular, the proposed
residential density of 28.3 dwelling units per net acre exceeds the minimum of 5
units per acre permitted within the zone district. The Project is also in
conformance with land use standards relating to building height, calling for
buildings to be two stories where a maximum of five stories is permitted.
The Plan is also consistent with applicable standards found within the adopted
Standards and Guidelines for the North College Corridor. In particular, the project
fits into the larger context of the fine street grid found in Old Town North.
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North Flats PDP/Modification
Administrative Hearing
Findings, Conclusions, and Decision
December 19, 2006
SUMMARY OF HEARING OFFICER DECISION: Conditional Approval
ZONING DISTRICT: CCN — Community Commercial North College
STAFF RECOMMENDATION: Conditional 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 HE
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 5:30 p.m. on December 19, 2006 in Conference Room A, 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 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:
Anne Aspen, City Planner
Randy Maizland, Development Review Engineer
From the Applicant:
Greg Fisher, Architect/Applicant
David Mills, Millhaus Development
Tom Crescibene, Millhaus Development
From the Public:
None.
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City of Fort Collins
Commut. Planning and Environmental S ices
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:
December 19, 2006
Old Town North, North Flats - Project
Development Plan and Modification of
Standard
#29-99D
Greg Fisher
Greg D. Fisher, Architect
3115 Clyde Street
Fort Collins, CO 80524
David Mills
Millhaus, Inc.
116 College Ave., Suite 5
Fort Collins, CO 80524
Cameron Gloss
Current Planning Director
The Applicant has submitted a Project Development Plan (referred to herein as the
"Project" or the "PDP") proposing a 40-unit residential development, including eight
buildings with four attached dwelling units each, on a 1.55 acre parcel. A subdivision
plat is included as part of this request, with each building on a subdivided lot. The
Applicant is concurrently requesting three modifications of standard regarding building
setbacks. The property is located within the Old Town North development on parcels
fronting Blondel Street.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020