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HomeMy WebLinkAbout2620 W ELIZABETH ST SINGLE FAMILY DETACHED - PDP160037 - DECISION - FINDINGS, CONCLUSIONS & DECISIONG. The Applicant shall coordinate with the Plum Street Village HOA regarding sidewalk and fencing improvements, to the satisfaction of City Staff. H. The Applicant shall schedule and conduct an on -site meeting with Mr. Pedos (925 Timber Lane) to address Mr. Pedos's concerns with shading and other site -specific concerns with the future home to be located on Lot 9 of the development, as raised by Mr. Pedos during the October 23`d public hearing. DATED this 5th day of November, 2017. Marcus A. McAskin Hearing Officer 6 Subject Property and does not diverge or deviate from the standards of the LUC except in a nominal or inconsequential manner. In addition, the Hearing Officer finds that approval of the PDP will continue to advance the purposes of the LUC as set forth in Section 1.2.2, including specifically subsections 1.2.2(L) and (M) of the Code: o (L) encouraging the development of vacant properties within established areas. o (M) ensuring that development proposals are sensitive to the character of existing neighborhoods. G. The PDP complies with relevant standards located in Division 4.4, Low Density Residential District (R-L) of Article 4 — Districts, including the approved Modification of Standard to Section 4.4(D)(1) of the LUC and the approved Modification of Standard to Section 4.4(1))(2)(a) of the LUC. The Hearing Officer finds that compliance with the relevant Article 4 Standards is addressed in the Staff Report attached hereto as ATTACHMENT A. DECISION Based on the findings set forth above, the Hearing Officer hereby enters the following ruling: The 2620 W. Elizabeth Street — Single -Family Detached Project Development Plan (PDP # 160037) is approved for the Subject Property, subject to the conditions set forth below in (E), (F), (G) and (H) below. A. The Article 3 Alternative Compliance Request (Request for approval of alternative lot plan submitted in accordance with Section 3.6.2(G) of the LUC) is approved. B. The Article 3 Modification of Standard (to Section 3.8.11(A) of the LUC) is hereby approved. C. The Article 4 Modification of Standard (to Section 4.4(D)(1), Density) is hereby approved for Lots 6-9. D. The Article 4 Modification of Standard (to Section 4.4(13)(2)(a), Dimensional Standards for minimum lot width) is hereby approved for Lots 6-9. E. The Applicant shall submit a final plan for the Subject Property within three (3) years of the date of this decision. If Applicant fails to submit a final plan to the City within said three (3) year period, this PDP approval shall automatically lapse and become null and void in accordance with Section 2.2.11(C) of the LUC. F. In accordance with Section 2.2.11(C) of the Code, the PDP shall not be considered a site - specific development plan and no vested rights shall attach to the PDP. line, and mitigate against the "tunnel effect" that LUC Section 3.8.1 1(A) is designed to address. C. The alternative compliance request for Section 3.6.2(G) of the Code is approved. In making this determination, the Hearing Officer has considered whether the lot layout provides screening and protection of the lots adjacent to West Elizabeth Street (specifically Lots 3, 4 and 5) from noise, light and other negative impacts from the arterial street equally well or better than a plan which complies with the Section 3.6.2(G) of the Code. The Applicant has proposed a 5' solid privacy fence and 6' detached sidewalk in accordance with the West Elizabeth Enhanced Travel Corridor Plan, as adopted by the City. The Hearing Officer concludes that these improvements justify approval of the alternative lot layout plan set forth in the PDP. D. The PDP complies with relevant standards of Article 3 — General Development Standards, including the approved Modification of Standard to Section 3.8.11(A) of the LUC and the approved alternative compliance request for Section 3.6.2(G) of the LUC. The Hearing Officer finds that compliance with the relevant Article 3 Standards is addressed in the Staff Report, a copy of which is attached to this Decision as ATTACHMENT A and incorporated herein by reference. E. The Modification of Standard to Section 4.4(D)(1) that is proposed with this PDP meets the applicable requirements of Section 2.8.2(H)(1), in that the granting of the Modification would not be detrimental to the public good and 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. The Hearing Officer concludes that Lots 6 — 9 of the proposed Elizabeth Street Farm plat are not out of character with lots in the West Plum Street PUD immediately north of the Subject Property and that the detached sidewalks in the PDP will provide enhanced pedestrian safety and enhanced opportunities for landscaping, including street trees, and snow removal/management. The Hearing Officer concludes that by providing detached sidewalks and having a lot pattern consistent with the neighborhood located to the north, that the proposed plan is equal to or better than a compliant plan. F. The Modification of Standard to Section 4.4(13)(2)(a) that is proposed with this PDP meets the applicable requirements of Section 2.8.2(H)(4), in that the granting of the Modification would not be detrimental to the public good and the plan 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, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The Hearing Officer concludes that the request to have Lots 6-9 less than sixty feet (60') wide is in character with the West Plum Street PUD immediately north of the ' https://www.fceov.com/westelizabeth/ (last visited November 5, 2017) 4 TESTIMONY: The following persons testified at the hearing: From the City: Clay Frickey, City Planner From the Applicant: Mike Walker TB Group From the Owner: Tony Willie From the Public: Al Quam, 1001 Timber Lane John Pedos, 925 Timber Lane Jay Bowers, 927 Pear Street Christine Bowman*, 908 Pear Street Stan Wamhof, 2504 W. Elizabeth Kelly Pollard, 832 Timber Lane Steve Silva, 1425 Beech Court Nick Werner, 2708 Pleasant Valley Road Peter Rhoades, 3730 W. Elizabeth Bruce Nuttal1, 915 Pear Street * representing herself, individually, and the Plum Street Village Association, Inc., a Colorado nonprofit corporation (Plum Street Village HOA). 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 PDP complies with the process located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. B. The Modification of Standard to Section 3.8.1 ] (A) that is proposed with this PDP meets the applicable requirements of Section 2.8.2(H)(1), in that the granting of the Modification would not be detrimental to the public good and 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. Specifically, the Hearing Officer finds that the PDP proposes stone columns on the fence at the corner of each lot and 4" by 6" cedar posts every 7'-6" to add additional visual relief to the fence. The Hearing Officer concludes that these architectural treatments will soften the appearance of the fence 3 Testimony at the hearing provided by the Applicant and members of the public in attendance evidenced that the Applicant originally sought rezoning of the Subject Property to accommodate a higher density multi -family residential development, and also previously submitted a version of the PDP and lot layout that included eleven (11) lots. The current proposal is for nine (9) lots for single-family detached homes. The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Low Density Residential R-L Single-family detached residential South Low Density Residential (R-L) Single-family detached residential East Low Density Residential (R-L) Single-family detached residential West Low Density Residential (R-L) Single-family detached residential SUMMARY OF DECISION: Approved, with conditions. ZONE DISTRICT: R-L (Low Density Residential District). HEARING: The Hearing Officer opened the hearing on Monday, October 23, 2017, in Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado, at approximately 5:30 p.m. EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as part of the record of this proceeding: 1. Zoning and Site Vicinity Map. 2. Planning Department Staff Report dated October 23, 2013 3. Statement of Planning Objectives. 4. Elizabeth Street Farms Subdivision Plat and Utility Plan Set. 5. Planning Document Set (includes site plan, landscape plan, and photometric plan). 6. Modification of Standard Requests and Alternative Compliance Request. 7. Ecological Characterization Study. 8. Neighborhood Meeting Summary. 9. PowerPoint presentation prepared by City Staff for the hearing (13 slides). 10. The City's Comprehensive Plan, Land Use Code ("LUC" or "Code"), and the formally promulgated polices of the City are all considered part of the record considered by the Hearing Officer. 11. Affidavit of Publication dated October 13, 2017, evidencing proof of publication of Notice of Hearing in the Fort Collins Coloradan on October 13, 2017. 12. Notice of Public Hearing dated October 9, 2017. CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: October 23, 2017 PROJECT NAME: 2620 W Elizabeth St. — Single Family Detached CASE NUMBER: PDP #160037 APPLICANT: Mike Walker TB Group 444 Mountain Ave. Berthoud, CO 80524 OWNER: Flagstone Investments LLC P.O. Box 2796 Gillette, WY 82717 HEARING OFFICER: Marcus A. McAskin PROJECT DESCRIPTION: This is a request for a Project Development Plan ("PDP") to plat nine (9) lots for single-family detached homes, with lots ranging in size from 5,515 to 9,462 square feet. The site consists of approximately 2.065 acres, more or less, and is legally described as TRACT A, WEST PLUM STREET, A PLANNED UNIT DEVELOPMENT (the "Subject Property"). The Subject Property is located north of West Elizabeth Street between generally Rickey Road and Timber Lane. The existing farm house on the Subject Property will be preserved and will be on its own lot, specifically Lot 5, Elizabeth Street Farms (following the date on which the final plat for the Subject Property is approved and recorded). The applicant is requesting three modifications of standard as part of this application, and is also requesting alternative compliance for Section 3.6.2(G) of the Code. The site is located in the Low Density Residential (R-L) zone district. BACKGROUND: As set forth in the Staff Report, the Subject Property annexed into the City of Fort Collins in two phases. The eastern 45.97 feet was included in the Valley Hi Second Annexation on March 24, 1966. The remainder of the Subject Property was included in the Overland Trail Annexation on November 25, 1970. The Subject Property was platted as Tract A of the West Plum Street PUD on July 22, 1996. The West Plum Street PUD indicates that Tract A was not a part of the development. The Subject Property was subsequently rezoned to the City's R-L (Low Density Residential) zoning district.