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Home My WebLink AboutSTORYBOOK PDP, 2109 FRIAR TUCK COURT, LOT 49 - MAJOR AMENDMENT - 49-98A - DECISION - FINDINGS, CONCLUSIONS & DECISION� rr oek v Z, VA . !& �X6 v e OG,� kAe� lit- j ZLC N 7 -F-7 / 1 -,�, /j - r - _ - 4 oa&toe d - 57&ud*A 2-2-- ,-Eewa P ay,eakc �� yS3 `S�f� rwoo d> For est D yqj-qM Jis'6 CGr pSa,Iiea � Dr -��- 90 69 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: September 14, 2004 Storybook Major Amendment - Case No. 49-98A Date of Decision: September 28, 2004 Page 6 SUMMARY OF FINDINGS AND CONCLUSIONS The Hearing Officer's Findings and Conclusions are hereby summarized as follows: A. The Major Amendment meets the applicable criteria set forth in Article 2 concerning compliance with administrative procedures. B. The Major Amendment meets all applicable standards as set forth in the LUC, including Division 3.2 - Site Planning and Design Standards, Division 3.3 — Engineering Standards, Division 3.5 - Building Standards, and Section 3.6 - Transportation and Circulation. C. The Project contains uses permitted in the LMN — Low Density Mixed -Use Neighborhood Zoning District, subject to administrative review and public hearing. D. The Major Amendment complies with all applicable Land Use and Development Standards contained in Article 4 of the LUC. DECISION The Major Amendment Request for Storybook PDP, Case No. 49-98A, is approved. DATED THIS 28TH DAY OF SEPTEMBER, 2004. j22�.� / rdtot,/ Linda C. Michow, Hearing Officer LCM\57069.32\481600.1 f City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: September 14, 2004 Storybook Major Amendment - Case No. 49-98A Date of Decision: September 28, 2004 Page 5 The Hearing Officer further finds that the Major Amendment complies with all applicable land use standards set forth in Section 4.4(D), including the minimum density requirement. No evidence was presented at the hearing to contradict this finding. 4. Opposition to the Major Amendment. Numerous residents of Storybook development attended the administrative hearing to voice their concerns regarding this Major Amendment. To summarize the testimony, the residents were generally in favor of the particular circumstances giving rise to the Major Amendment request (namely, the mother - daughter living arrangement). The majority of residents present at the hearing, however, were concerned that an approval of this particular request would set a precedent for future requests to transform this development into a multi -family, rental -type community rather than the single family community it is currently. The Hearing Officer appreciates the residents' concerns and understands the desire to maintain the integrity of this single-family neighborhood. Based on the evidence and testimony presented at the hearing, however, the Hearing Officer determines that the potential opportunity for similar applications in the future is necessarily limited by two factors: (1) any future request would be required to be processed as a major amendment to the PDP; and (2) any future request could not meet the parking standard required pursuant to Section 3.2.2 in that all but one of the remaining lots within Storybook cannot accommodate three unobstructed parking spaces on -site. Assuming the number of bedrooms within each unit is comparable, any future request to convert an existing dwelling unit into two units by the addition of a kitchen would not comply with the parking standards. Although a modification to the parking standard could be sought by a future applicant, the modification standards set forth in Division 2.8 would be difficult to meet based on this type of request. Therefore, the Hearing Officer finds the likelihood of future applications for a Major Amendment to the Storybook PDP to be minimal. LCM\57069.32\481600.1 !' City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: September 14, 2004 Storybook Major Amendment - Case No. 49-98A Date of Decision: September 28, 2004 Page 4 other parcel within Storybook PDP. As explained by the Applicant, Mr. Mackey, the Property contains a double car garage, as well as a parking area beyond the garage which allows a car to be parked in the parking area without obstructing access to the garage. According to Mr. Mackey, only one other property within the Storybook PDP has this additional parking area which allows for unobstructed parking of three cars on -site. Based on the findings by Planning Staff, and considering the driveway and parking lay -out of the Property, the Hearing Officer finds and determines that the four spaces provided for the Property are sufficient to satisfy the minimum parking requirements for this two-family dwelling at 2109 Friar Tuck Court. 3. Article 4 — Districts. Division 4.4 — Low Density Mixed -Use Neighborhood District Single-family detached dwellings, two-family dwellings, and multi -family dwellings (up to eight units per building) are permitted in the LMN — Low Density Mixed - Use Neighborhood Zoning District, subject to an administrative (Type 1) review. The main purpose of the LMN - 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, services and conveniences, and that are fully integrated into the larger community by pattern of streets, blocks, and other linkages. The Hearing Officer finds that this proposal complies with the purpose of the LMN - District in that it is a request to provide a multi -family dwelling - in one building on two lots at 2109 & 2115 Friar Tuck Court - on a property that is surrounded by developed properties containing single-family detached and two- family dwellings. As previously stated in this decision, the Major Amendment request does not change the existing physical characteristics of the Property and merely adds a second kitchen to the lower level of one side of an existing two- family dwelling. More specifically, the Hearing Officer finds that the Major Amendment meets the intent of the District by providing a variety of housing choices. LC M\57069.32 W 81600.1 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: September 14, 2004 Storybook Major Amendment - Case No. 49-98A Date of Decision: September 28, 2004 Page 3 2. Article 3 — General Development Standards. The Major Amendment request meets all of the applicable standards in Article 3 — General Development Standards. The Hearing Officer specifically finds that the addition of one dwelling unit by the addition of a kitchen creates no additional, external changes or improvements to the Storybook development. The primary standard in Article 3 pertinent to this Major Amendment relates to Section 3.2.2 concerning Access, Circulation and Parking. Therefore, with the exception of Section 3.2.2., which deserves further discussion in this decision, the Hearing Officer upholds Planning Staffs recommendations with respect to Division 3.3 — Engineering Standards; Division 3.5 — Building Standards; and Division 3.6 — Transportation and Circulation. Section 3.2.2. - Access, Circulation and Parking. The Planning Staff Report states that the previously approved Storybook PDP, as well as the Major Amendment, satisfies the applicable parking standards for residential uses set forth in Section 3.2.2. As the testimony at the administrative hearing revealed, the Property must accommodate four (4) parking spaces. This calculation is based on the table set forth in Section 3.2.2(K)(1), which sets forth minimum parking requirements for residential land uses. Because there are two bedrooms upstairs and one bedroom downstairs, and the upper living area and lower living area are each considered one dwelling unit (based on the addition of the kitchen), the Property must accommodate 3.25 off-street spaces. As explained by the Case Planner (Mr. Olt), the City rounds -up the required number so that a total of four (4) off-street spaces is required. This calculation also must take into account, under Section 3.2.2(K)(1)(b), that parking on an internal street fronting a lot containing multi -family, attached or two-family dwellings may be counted to meet residential parking requirements. Because the evidence at the hearing established that Friar Tuck Court is considered an internal street, Staff has correctly determined that "there are 3 unencumbered on -site parking spaces on Lot 49 and enough space for 1 parking space on the street in front of 2109 Friar Tuck Court." See Planning Staff Report, page 4. Notably, the ability of this particular Property to accommodate three unencumbered parking spaces on -site is unique to this property and only one LC M\57069.32\A 81600.1 v City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: September 14, 2004 Storybook Major Amendment - Case No. 49-98A Date of Decision: September 28, 2004 Page 2 PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:00 p.m. on September 14, 2004 in the City Administrative Building located at 281 N. College Avenue, Fort Collins, Colorado. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established that the September 14, 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) 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 the following: 1. The Applicant has met the Criteria of Article 2 - Administration. The Applicant's request satisfies and conforms with the applicable requirements of Article 2 in that it meets the requirements of a major amendment to an approved project development plan. Because the request will increase the number of dwelling units from sixty-six to sixty-seven, the increase in dwelling units exceeds 1 %, which is the maximum increase or decrease in density permitted under a minor amendment process. Therefore, in accordance with Section 2.2.10, the application must be processed as a major amendment. Major amendments to development plans must be reviewed and processed in the same manner as required for the original development for which the amendment is sought. No evidence was presented at the hearing to contradict the finding that this Major Amendment request was processed in the same manner as the original Storybook PDP. Therefore, the hearing officer finds that this request conforms with the applicable requirements of Article 2 of the LUC. LCM\57069.32\481600.1 CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE PROJECT: September 14, 2004 Storybook PDP, Major Amendment - #49-98A APPLICANT: Stewart & Associates c/o Jack Blake 103 South Meldrum Street Fort Collins, Colorado 80521 OWNER: Nebarado Construction, Inc. c/o Gary Mackey Fort Collins, 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 Applicant is requesting the addition of a second kitchen in one unit of a two-family dwelling unit within the Storybook development. The Storybook PDP was approved for and consists of sixty-six dwelling units. The addition of the kitchen will create one additional dwelling unit, thereby increasing the total number of dwelling units from sixty- six to sixty-seven. Under the Fort Collins Land Use Code, where an amendment increases the number of units within a PDP by more than 1 %, the request must be processed as a major amendment to the underlying PDP. The subject property is known as 2109 & 2125 Friar Tuck Court, Fort Collins, Colorado. The unit in which the kitchen is proposed is 2109 Friar Tuck Court (the "Property"). ZONE DISTRICT: The property is zoned LMN — Low Density Mixed -Use Neighborhood Zone District. LCM\57069.34\486082.1