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HomeMy WebLinkAbout626 S. WHITCOMB FOUR-PLEX - PDP/FDP - FDP140023 - DECISION - FINDINGS, CONCLUSIONS & DECISIONStaff Report — 626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 13 The request also satisfies Section 2.8.2(H)(3), in that an extraordinary and exceptional circumstance has arisen and the strict application of the standard results in practical difficulties. Multifamily uses are permitted uses in the N-C-B District, however; applying the multifamily buffer yard standard to the majority of properties in the N-C-B District that are 50-feet wide requires utilizing the entire property as a buffer yard. This circumstance was recently identified as an unintended consequence of applying multifamily standards from a specific zone district to the entire City through its inclusion in Article 3 of the Land Use Code. The Land Use Code was recently revised to exclude this standard's application to multifamily projects in the N-C-B District in the future. C. The 626 S. Whitcomb Four Plex consolidated Project Development Plan/Final Plan complies with the process located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. D. The 626 S. Whitcomb Four Plex consolidated Project Development Plan/Final Plan complies with the applicable standards located in Article 3 — General Development Standards, provided the two Modification of Standard requests are approved. E. The 626 S. Whitcomb Four Plex consolidated Project Development Plan/Final Plan complies with the applicable standards in Division 4.9, Neighborhood Conservation, Buffer District of Article 4 — Districts. RECOMMENDATION: Staff recommends approval of the Modification of Standards to Sections 3.2.2(L) and 3.8.30(F)(1) and the 626 S. Whitcomb Four Plex consolidated Project Development Plan/Final Plan, FDP140023. ATTACHMENTS: 1. Applicant's Statement of Planning Objectives 2, Project Planning Drawing Set (Site Plan, Landscaping Plan, Elevations) 3. Project Utility Drawing Set 4. Tree Removal Communication from Neighboring Property Owner 5. Modification of Standard Request Staff Report — 626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 12 An unintended consequence of the movement of these standards to Article 3 was their interaction with the small multifamily projects found in zone districts such as the Neighborhood Conservation Buffer and Neighborhood Conservation Medium Density Zone Districts, where typical lot widths and prevailing development patterns cannot accommodate large buffer yards, as they take up the entire lot area. Upon discovery of this interaction, a Land Use Code change was processed to exempt the multifamily buffer yard standard for multifamily projects in the N-C-B and N-C-M Districts beginning July of 2015. Although this standard would no longer apply to this project were it submitted today, a Modification of Standard is still necessary as it is being reviewed under the code and standards in effect in 2014 when the development application was originally submitted. 4. Findings of Fact/Conclusion: In evaluating the request for the 626 S. Whitcomb Four Plex consolidated Project Development Plan/Final Plan, staff makes the following findings of fact: A. Staff finds the request for the Modification of Standard to Section 3.2.2(L) to decrease the two-way drive aisle width in the parking lot to 21-feet is justified by the applicable standards of 2.8.2(H), and that the granting of the modification would not be detrimental to the public good. The request satisfies Section 2.8.2(H)(4) as the plan as submitted will only diverge from the standard in a nominal and inconsequential way when considering the entire development plan. Two vehicles may still safely pass one another in the drive -aisle even with the reduced width, and the limited amount of movement in the relatively small parking lot means vehicles leaving and entering at the same time will be an uncommon event. B. Staff finds the request for the Modification of Standard to Section 3.8.30(F)(1) to decrease the multifamily buffer yard to 5-feet is justified by the applicable standards of 2.8.2(H), and that the granting of the modification would not be detrimental to the public good. The request satisfies Section 2.8.2(H)(1) by providing equal means to protect the privacy of neighbors and mitigating potential imapcts of the multifamily units. Specifically, consideration of building design and siting, including reducing the number and size of windows, enhanced site landscaping and privacy trellises in front of building entrances, and a similar level of intensity to other nearby uses protects neighbors' privacy and reduces the impacts of noise and general activity. Staff Report — 626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 11 The building also has a reduced impact as it is only 1.5-stories tall and should not result in looming concerns. The building size and height remains similar in scale to other nearby properties and even could be enlarged in size and height as a single or two-family dwelling without requirements for a buffer yard. Intensity: The abutting properties feature single-family homes; however, the abutting southern property features multiple, detached homes on the same lot. Other nearby properties also feature multiple single-family dwellings on lots, duplexes, or small multifamily buildings. The intensity and impacts of a well -designed 4-unit building in terms of noise, traffic, and general activity is not dissimilar to other uses found on the same block where side yard setbacks or buffer yards are similar to the 5-feet proposed buffer yard with this development application. Combined, these site and building elements will protect the privacy and level of activity for neighboring property owners to an equal degree than may otherwise have been provided by a larger, but open buffer yard. Criteria 2.8.2(H)(3) The development site also suffers an extraordinary and exceptional circumstance that results in practical difficulties as a result of applying recent Land Use Code changes applying standards for larger multifamily projects to a smaller multifamily project in the N-C-B District where the prevailing lot width is much smaller. Multifamily buildings are a permitted use in the N-C-B District and common to this neighborhood of the City, but a majority of the lot widths in the N-C-B district are 50-feet. A multifamily project on a standard 50-foot lot would be required to dedicate the entire lot to a buffer yard where it abuts single-family or two-family dwellings (25 feet from either side lot line). Although a permitted use, multifamily uses in the N-C-B District are in effect forced to apply and receive a Modification of Standard to the multifamily buffer standard. The multifamily buffer yard is one of a number of multifamily project standards that were originally applied only to projects in the Medium Density, Mixed -Use Neighborhood (M-M-N) District, where larger, more intense multifamily projects are intended. Following a series of large multifamily projects in commercial zone districts in the City, the M-M-N standards were moved into a supplementary section of Article 3 of the Land Use Code and applied to all multifamily projects regardless of size or number of units. Staff Report — 626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 10 • Description of Standard: This Land Use Code section requires multifamily developments to provide a 25-foot wide buffer yard along lot lines abutting single and two-family dwellings. • Description of Modification Request & Applicant Explanation: The applicant requests a multifamily buffer yard of 5-feet, and that the building design, site arrangement, and landscaping provides a similar buffering effect and provides an equal level of impact mitigation and privacy protection. • Staff Analysis & Findings: Staff finds the request for the modification to Section 3.8.30(F)(1) is justified by the applicable standards of 2.8.2(H), and that the granting of the modification would not be detrimental to the public good. Criteria 2.8.2(H)(1) The design of the development plan will provide an equal level of buffering to abutting lots as would otherwise be provided by incorporating only a 25-foot open landscape area. Elements of the development plan have been purposefully designed to provide screening and to protect the privacy of neighbors though enhanced landscaping, screen walls, and building design. The density and intensity of the proposal is also not dissimilar to other nearby uses in the area that would require this size of passive buffer yard space. Landscapinq & Screening: The proposed landscaping will feature an enhanced level of landscaping elements, including new trees and shrubs, ornamental grasses, and privacy trellises with climbing vines to provide a softer, green edge at the property lines. These landscaping privacy screens have been deliberately placed near entrances and windows on both sides of the building to block the visual and noise impacts of residents of the proposal. A three -sided enclosed patio area is also provided between the two main portions of the building for the privacy of neighbors and residents of this proposal. Building Design: Along the north lot line, where the proposal is closest to a neighboring residence, the building has been designed with privacy in mind by reducing the number and size of windows. Windows are also planned to utilize frosted glass. Staff Report — 626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 9 Criteria 2.8.2(H)(4) The plan as submitted will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered from the perspective of the entire development plan. The reduction in drive -aisle width by 3-feet is nominal when considering the expected movements and level of vehicle traffic that will utilize the small 5-space parking lot. There will only infrequently be overlap where vehicles will be entering and existing the parking lot given the low number of spaces and the relatively infrequent trips generated by the dwelling units, as compared to a commercial or retail operation with high turnover and a larger parking area. When simultaneous vehicle use of the parking area does occur, it is aided by a large turn -around for vehicles to utilize as they back out of their spaces. Further, although reduced in width, 21-feet remains adequate for two vehicles to safely pass one -another in the drive -aisle. E. Section 3.4.7 Historic and Cultural Resources As the existing structure is over 50-years old, the proposal was reviewed by the City's Historic Preservation department, which found the submitted architectural elevations would not have an adverse impact to any historic resources. Further, the building design complies with standards of this section by preserving the existing structure and utilizing similar colors, materials, style and roof form on the proposed building addition. F. Section 3.5.1 Building and Project Compatibility The project and building addition comply with requirements of this Land Use Code section as the building is similar in size, scale, height and mass to other nearby buildings. The building addition has been designed to match the style, colors, and materials of the existing structure and is consistent with other materials and architectural styles found within the neighborhood. G. Section 3.5.2(D) Relationship of Dwellings to Streets and Parking This proposal meets this section by having one of the primary building entrances on the front fagade facing the street. H. Section 3.8.30(F)(1) Orientation and Buffer Yards The proposal requests a Modification of Standard to Section 3.8.30(F)(1). The granting of a Modification of Standard is governed by Land Use Code Section 2.8.2(H) as discussed above in the first modification request. Staff Report — 626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 8 (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific findings showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (1), (2), (3) or (4). ■ Description of Standard: Land Use Code Section 3.2.2(L) details parking stall and drive -aisle requirements for parking lots. The requirement for a two-way drive aisle is 24-feet, and it is this standard that is the subject of the modification request. ■ Description of Modification Request & Applicant Explanation: The applicant requests a modification to reduce the two-way drive aisle width for the parking area from 24-feet to 21-feet, as there is limited lot width to accommodate the requirements for parking lot setbacks, drive aisle width, and parking stall length on a 50-foot wide lot that is common to this area of the City and this zoning district. ■ Staff Analysis & Findings: Staff finds the request for the modification to Section 3.2.2(L) is justified by the applicable standards of 2.8.2(H), and that the granting of the modification would not be detrimental to the public good. Staff Report —626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 7 B. Section 3.2.2(C)(4)(b) — Bicycle Parking Space Requirements Bicycle parking requirements for multifamily projects are 1 space per bedroom, and 60% of the spaces must be enclosed. This project includes 8 bedrooms (four two bedroom units) and the project complies with the standards by providing the required 8 bicycle parking spaces. Five of the spaces will be enclosed and are located in the portion of the structure connecting the two main building segments. C. Section 3.2.2(D)(3) — Parking Lots — Required Number of Off -Street Spaces for Type of Use The project site is located in the Transit Oriented Development (TOD) Overlay Zone, which features reduced minimum parking requirements for multifamily projects. At the time this development application was submitted, the TOD Overlay Zone required each two -bedroom unit to provide 1.2 parking spaces, or 5 spaces total for 4 two -bedroom units. This project proposes five spaces, meeting the previously -required minimum number of spaces. D. Section 3.2.2(L) Parking Stall Dimensions The proposal requests a Modification of Standard to Section 3.2.2(L). The granting of a Modification of Standard is governed by Land Use Code Section 2.8.2(H), which states, "...the decision maker may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good, and that: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested, or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible, or Staff Report — 626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 6 ii. Section 3.2.1(D)(2) Street Trees An existing street tree is already located in the public right-of-way in front of the property that meets the Land Use Code's Street Tree standards and is proposed to remain. iii. Section 3.2.1(E) Landscape Standards Areas of the proposed site not utilized by buildings or hardscape will be landscaped with a mixture of sodded lawns, groundcover plant mixtures, ornamental grasses, and perennials. The plantings meet standards for building foundation plantings and help screen and establish privacy for residents of this proposal and for adjacent properties. Parking lot screening is provided by the addition of seven new trees along the parking lot perimeter in combination with ornamental grasses and vines. These combined landscaped screening elements will mitigate the visual impacts of the parking area and headlights from vehicles. iv. Section 3.2.1(F) Tree Protection and Replacement Several trees will be removed as part of this development proposal. These trees are either located in an area where the building addition is proposed, or the trees were determined to be in poor and declining condition by the City Forester and a professional arborist. During on -site inspections, it was determined several cottonwoods in poor health immediately to the north of the site on a neighbor's property should also be removed. These trees are also shown on the proposal's Tree Protection and Mitigation Plan. A copy of the applicant's communications with the neighboring property owner consenting to the tree removal is provided as an attachment to this staff report. Due to the types of species and failing condition of the trees proposed for removal, no mitigation trees are required; however, additional replacement trees will be planted on the project site to fulfill separate landscaping and tree planting standards. Staff Report-626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 5 Both the existing structure and the rear addition are 1.5-stories tall, which also complies with the maximum building height of 3-stories in the N-C-B District. E. Section 4.9(E)(1) — Building Design The existing and proposed addition meet the building design standards of the N-C-B District, including having all exterior walls constructed at right angles or parallel to side lot lines, having a primary building entrance with a porch facing the street, and ensuring roof pitch on the new addition matches the roof pitch of the existing structure. F. Section 4.9(E)(2)(b) — Eave Height The maximum exterior eave height along the minimum side yard setback is 13-feet in the N-C-B District. The proposed addition features an eave height of 12-feet, 8-inches at the minimum side yard setback, meeting this code standard. G. Section 4.9(E)(6) — Access Parking for the multifamily dwelling units will be located behind (east) of the building and will be accessed from the adjacent alley as required in the N-C-B District. 3. Compliance with Article 3 of the Land Use Code — General Development Standards: The project complies with all applicable General Development Standards as follows: A. Division 3.2.1 — Landscaping and Tree Protection The proposal meets the tree -stocking, street tree, and landscaping standards of the Land Use Code as detailed below: i. Section 3.2.1(D) Tree Planting Standards New trees and several existing, mature trees meet code requirements for full tree -stocking around buildings and structures, parking lot screening, protection of privacy, and to define landscaped spaces. Staff Report — 626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 4 2. Compliance with Article 4 of the Land Use Code — Neighborhood Conservation, Buffer District (N-C-B) Division 4.9: The project complies with all applicable Article 4 standards as follows: A. Section 4.9(B)(2)(a)(3) — Permitted Uses Multifamily dwellings up to 4 units is a permitted use in the Neighborhood Conservation, Buffer District, subject to Administrative (Type 1) review when structural additions or exterior alterations are made to an existing building. The existing building, a two -unit building, will be structurally modified by adding a rear (east) addition to construct two additional dwelling units. The two new units are attached to the existing structure by means of a connecting space that will be utilized for storage and indoor bicycle parking. B. Section 4.9(D)(1) Density The total floor area of the proposed building is 4,295 square feet on a 9,500 square foot loot. This meets the minimum lot size requirements in the N-C-B District that is at least equivalent to the floor area of all buildings, but not less than 5,000 square feet. C. Section 4.9(D)(5) — Allowable Floor Area on Rear Half of Lots The allowable floor area on the rear half of the lot in the N-C-B District shall not exceed 33-percent of the area of the rear half of the lot. On a 9,500 square foot lot, the maximum floor area that could be constructed on the rear half of the lot is 1,567 square feet. With the proposed addition, 1,349 square feet of floor area is planned on the rear portion of the lot, meeting this code standard. D. Section 4.9(D)(6) — Dimensional Standards The proposal meets the dimensional standards and setbacks of the N-C-B District, including a minimum lot width of 50-feet for multifamily dwellings, a 15-foot front yard setback, a 5-foot rear yard setback, and a minimum 5- foot side yard setback for buildings less than 18-feet tall at the minimum side yard setback line. Staff Report-626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 3 g m Map 1: 626 S. Whitcomb Four Plex Coning & site Vic CSU W Myrtle St W Laurel St Colorado State University Staff Report — 626 S. Whitcomb Four Plex, FDP140023 Administrative Hearing 07-16-2015 Page 2 EXECUTIVE SUMMARY: Staff finds the proposed 626 S. Whitcomb Four Plex consolidated Project Development Plan/Final Plan complies with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically: • The consolidated Project Development Plan/Final Plan complies with process located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. • The consolidated Project Development Plan/Final Plan complies with relevant standards of Article 3 — General Development Standards, provided the two requested Modification of Standards are approved. • The consolidated Project Development Plan/Final Plan complies with relevant standards located in Division 4.9, Neighborhood Conservation, Buffer District of Article 4 — Districts. COMMENTS: 1. Background The project site was originally platted as part of the original Fort Collins town site. The existing two -unit building was constructed in 1949 as an over-under duplex. A large detached garage also currently exists on -site would be removed as part of this development proposal. The surrounding zoning and land uses to each side of the project site are as follows: Direction Zone District Existing Land Uses North Neighborhood Conservation, Buffer Mix of single-family, two-family and multifamily District N-C-B dwelling units South Neighborhood Conservation, Buffer Two single-family homes; mixed -use and District (N-C-B) multifamily dwelling units; CSU campus East Neighborhood Conservation, Buffer Mix of single-family, two-family and multifamily District (N-C-B) dwelling units West Neighborhood Conservation, Medium Mix of single-family, two-family and multifamily Density District (N-C-M) dwelling units A zoning and site vicinity map is presented on the following page. City of Fort Collins ITEM NO 3 MEETING DATE STAFF Jul 16, 2015 Ryan Mounce ADMINISTRATIVE HEARING OFFICER PROJECT: 626 S. Whitcomb Four Plex, FDP140023 APPLICANT: Dick Anderson Anderson Associates 422 E Oak Street Fort Collins, CO 80524 OWNERS: Rod & Jamie Rice 2516 Terry Lake Road Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request for a consolidated Project Development Plan/Final Plan to construct two additional dwelling units to the rear of an existing two -unit building ('duplex'), creating a 4-unit, multifamily building ('four plex'). Each unit features two bedrooms for a project total of 8 bedrooms, and a total floor area of 4,295 square feet. Site upgrades to support the multifamily building include five new parking spaces, bicycle parking, a trash enclosure, and new site landscaping. The project proposal is located at 626 South Whitcomb Street, a 9,500 square foot (.22 acre) lot in the Neighborhood Conservation, Buffer (N-C-B) Zone District. Two Modification of Standard requests accompany the proposal: 1) Modification of Standard to Section 3.2.2(L) to permit a 21-foot two-way drive aisle for parking access. 2) Modification of Standard to Section 3.8.30(F)(1) to permit a 5-foot multifamily buffer yard along the property lines abutting single and two-family dwellings. RECOMMENDATION: Staff recommends approval of the 626 S. Whitcomb Four Plex consolidated Project Development Plan/Final Plan and the Modification of Standards to Land Use Code Sections 3.2.2(L) and 3.8.30(F)(1). Planning Services 281 N College Ave — PO Box 580 — Fort Collins, CO 80522-0580 fcgov.com/developmentreview/ 970.221.6750 ATTACHMENT A Staff Report E. The Hearing Officer also notes for the record that Section 8 of Ordinance No. 065, 2015 (approved by City Council on second reading on July 7, 2015) amends Section 3.8.30(F)(1) of the Code to specifically exempt structures located in the N-C-B zone district from the 25' buffer yard requirement. DECISION Based on the findings set forth above, the Hearing Officer hereby approves the Application (consolidated PDP/Final Plan for 626 S. Whitcomb Four Plex, FDP #140023) as submitted, on the condition that the Applicant/Owner be required to resolve and correct any technical issues as directed by City staff on the final plans. DATED this 28th day of July, 2015. Marcus A. McAskin Hearing Officer E A. The Modification of Standard (the "Modification") requested by the Applicant is to Section 3.2.2(L) of the Land Use Code ("Parking Stall Dimensions"), specifically Table A, Column F of said Section, which requires a 24' Two -Way Drive Aisle Width. B. The Applicant requests the Modification to reduce the Two -Way Drive Aisle Width from twenty four feet (24') to twenty one feet (21'), a reduction of three feet (Y). C. The Modification is not detrimental to the public good; and D. The Modification satisfies Section 2.8.2(H)(4) of the Code — the Application as submitted will not diverge from the standard set forth in Section 3.2.2(L) except in a nominal, inconsequential way when considered from the perspective of the entire Application and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Specifically, the Hearing Officer finds that there will be a limited amount of vehicle movement in the relatively small parking lot (containing a total of five spaces), and that the Applicant has incorporated an asphalt "hammer- head" turnaround area on the western portion of the parking lot area that will adequately serve the anticipated vehicle movements in this area. 5. Based on testimony provided at the public hearing and a review of the materials submitted to the Hearing Officer is this case, the Hearing Officer also concludes that the Modification of Standard (for Section 3.8.30(F)(1) of the Code, as requested by the Applicant) meets the applicable requirements of Section 2.8.2(H) of the Code. Specifically, the Hearing Officer finds as follows: A. The Modification of Standard (the "Modification") requested by the Applicant is to Section 3.8.30(F)(1) of the Land Use Code ("Design Standards for Multi -Family Buildings — Orientation and Buffer Yards"), which requires a 25' buffer yard along the property line of abutting property containing single- and two-family dwellings. B. The Applicant requests a multifamily buffer yard of five feet (5'). C. The Modification is not detrimental to the public good; and D. The Modification satisfies Section 2.8.2(H)(1) of the Code — the Application as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested. Specifically, the Hearing Officer finds that the development plan contains elements designed to provide screening and to protect the privacy of neighbors through enhanced landscaping, screen walls and building design. Considered together, the design elements incorporated in the development plan will protect the privacy and level of activity for neighboring property owners to an equal or better degree than may otherwise have been provided by the 25' buffer yard required by Section 3.8.30(F)(1) of the Land Use Code. 4 8. Affidavit of Publication dated July 7, 2015, evidencing proof of publication of Notice of Hearing in the Fort Collins Coloradan. 9. Notice of Public Hearing dated July 1, 2015. 10. Ordinance No. 065, 2015 (Making Various Amendments to the City of Fort Collins Land Use Code). 11. A copy of the Planning Department Staff Report prepared for the above -referenced Application is attached to this decision as ATTACHMENT A and is incorporated herein by reference. TESTIMONY: The following persons testified at the hearing: From the City: Ryan Mounce From the Applicant Dick Anderson From the Owner: Jamie Rice From the Public: None FINDINGS Evidence presented to the Hearing Officer established the fact that notice of the public hearing was properly posted, mailed and published. 2. Based on testimony provided at the public hearing and a review of the materials in the record of this case, the Hearing Officer concludes as follows: A. the Application complies with the applicable procedural and administrative requirements of Article 2 of the Land Use Code; B. the Application complies with the applicable General Development Standards contained in Article 3 of the Land Use Code; and C. the Application complies with the applicable Neighborhood Conservation, Buffer (N-C-B) Zone District standards contained in Article 4 of the Land Use Code. Specifically, the Hearing Officer finds that the Subject Property is zoned N-C-B, and that the proposed multi -family dwelling of up to four (4) units is a permitted use, subject to administrative review. 3. The Application's satisfaction of the applicable Article 2, 3 and 4 requirements of the Land Use Code is sufficiently detailed in the Staff Report, a copy of which is attached as ATTACHMENT A and is incorporated herein by reference. 4. Based on testimony provided at the public hearing and a review of the materials submitted to the Hearing Officer is this case, the Hearing Officer also concludes that the Modification of Standard (for Section 3.2.2(L) of the Code, as requested by the Applicant) meets the applicable requirements of Section 2.8.2(H) of the Code. Specifically, the Hearing Officer finds as follows: 3 BACKGROUND: The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Neighborhood Conservation, Buffer Mix of single-family, two-family and District (N-C-B) multifamily dwelling units Two single-family homes, mixed -use South Neighborhood Conservation, Buffer and multifamily dwelling units; CSU District (N-C-B) campus East Neighborhood Conservation, Buffer Mix of single-family, two-family and District (N-C-B) multifamily dwelling units West Neighborhood Conservation, Medium Mix of single-family, two-family and Density District (N-C-M) multifamily dwelling units SUMMARY OF DECISION: Approved. ZONE DISTRICT: Neighborhood Conservation, Buffer (N-C-B) HEARING: The Hearing Officer opened the hearing on Thursday, July 16, 2015, in Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado, following the conclusion of the public hearings on the 620 S. Lemay Major Amendment & Final Plan (FDP #150009) and the Hill Pond Residences PDP Major Amendment (MJA #150004) (all three applications were noticed for hearing on July 16, 2015 on a trailing docket). EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as part of the record of this proceeding: 1. Applicant's Statement of Planning Objectives. 2. Project Planning Drawing Set (Site Plan, Tree Protection & Mitigation Plan, Planting & Paving Plan, Metal Edging Plan, Elevations). 3. Utility Plans for 626 S. Whitcomb. 4. Tree Removal Communication from Neighboring Property Owner. 5. Modification of Standard Requests. 6. Vicinity Map. 7. The City's Comprehensive Plan, Code, and the formally promulgated polices of the City are all considered part of the record considered by the Hearing Officer. 2 CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: July 16, 2015 PROJECT NAME: 626 South Whitcomb Four-Plex CASE NUMBER: FDP #140023 APPLICANT: Dick Anderson Anderson Associates 422 East Oak Street Fort Collins, CO 80524 OWNER: Rod and Jamie Rice 2516 Terry Lake Road Fort Collins, CO 80524 HEARING OFFICER: Marcus A. McAskin PROJECT DESCRIPTION: This is a request for a consolidated Project Development Plan/Final Plan to construct two additional dwelling units to the rear of an existing two -unit building (`duplex'), creating a 4-unit, multifamily building (`four-plex'). Each unit features two bedrooms for a project total of 8 bedrooms, and a total floor area of 4,295 square feet. Site upgrades to support the multifamily building include five new parking spaces, bicycle parking, a trash enclosure, and new site landscaping. The project proposal is located at 626 South Whitcomb Street, a 9,500 square foot (.22 acre) lot in the Neighborhood Conservation, Buffer (N-C-B) Zone District. Two Modification of Standard requests accompany the proposal: Modification of Standard to Section 3.2.2(L) to permit a 21-foot two-way drive aisle for parking access. 2. Modification of Standard to Section 3.8.30(F)(1) to permit a 5-foot multifamily buffer yard along the property lines abutting single and two-family dwellings.