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Home My WebLink AboutBDR FOUR-PLEX, 621 S. MELDRUM ST. - PDP120030 - DECISION - CORRESPONDENCE-HEARING (3)1 2/25/2013 Q:\USERS\FORT COLLINS LAND USE\BDR DEVELOPMENT\DECISION.DOCX CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION HEARING DATE: February 13, 2013 PROJECT NAME: BDR Four Unit Multi-Family 621 South Meldrum Street CASE NUMBER: Project Development Plan #120030 APPLICANT: Cathy Mathis The Birdsall Group 444 Mountain Avenue Berthoud, CO 80513 OWNER: Big Deal Real Estate, LLC Jeff Eggleston 2519 Ridge Creek Road Fort Collins, CO 80528 HEARING OFFICER: Kendra L. Carberry PROJECT DESCRIPTION: This is a request to demolish an existing 626 square foot single-family home located at 621 South Meldrum Street and construct a multi-family building containing four units. The existing residence, which was built in 1910, has been functioning as a college student rental. The site is approximately 0.22 acres or 9,513 square feet, and is bisected by the Arthur Ditch. The ditch is an underground concrete water canal approximately 13 feet wide in a 33 feet wide easement. The property abuts a 20 foot alley to the west. The proposed multi-family building is two stories in height with approximately 4,900 total square feet and will contain four three-bedroom/two bathroom dwelling units. Gross overall density of the project is 18.2 dwelling units per acre. The project will provide four off-street parking spaces to be accessed from the alley. The property will be re-platted to include new easements. The site is in the (N-C-B) Neighborhood Conservation, Buffer zone district, and falls within the TOD (Transportation Overlay Development) zone. One Modification of Standard is requested. The modification request addresses Section 3.2.2(J) of the Fort Collins Land Use Code (the "Code"), which requires that any vehicular use area containing six or more parking spaces or 1,800 or more square feet shall be set back from the side lot line a minimum average of five feet. 2 2/25/2013 Q:\USERS\FORT COLLINS LAND USE\BDR DEVELOPMENT\DECISION.DOCX SUMMARY OF DECISION: Approved with conditions. ZONE DISTRICT: Neighborhood Conservation, Buffer (N-C-B) Transportation Overlay Development (TOD) HEARING: The Hearing Officer opened the hearing at approximately 6:00 p.m. on February 13, 2013, in Conference Room A, 281 North College Avenue, Fort Collins, Colorado. The following persons attended the hearing and each of them testified: From the City: Jason Holland From the Applicant: Cathy Mathis, Ian Shuff, George Schock, Jeff Eggleston, Herman Feissner From the Public: Alan Skowron The Hearing Officer accepted the following documentary evidence: (1) the Planning Department Staff Report; (2) the application, plans, maps and other supporting documents submitted by the applicant and the applicants' representatives to the City of Fort Collins (the "City"); and (3) a written statement from Alan Skowron. The Code, the City's Comprehensive Plan and the City’s formally promulgated polices are all additional evidence considered by the Hearing Officer. FINDINGS 1. Evidence presented to the Hearing Officer established the fact that the hearing was properly posted, legal notices mailed and notice published. 2. The PDP and Modification were processed in accordance with Division 2.2 of the Code, and no neighborhood input meeting was required or held. 3. Mr. Skowron testified on behalf of the property at 625 South Meldrum and presented concerns about construction methods, particularly relating to the fence and wall between the properties. The Applicant and Mr. Skowron resolved some of those concerns at the hearing and agreed to continue discussions to resolve the remainder of those concerns prior to construction. 4. The PDP complies with the applicable General Development Standards contained in Article 3 of the Code. a. The PDP complies with Section 3.2.1, Landscape and Tree Protection, because the plan calls for new trees, with certain caliper sizes that exceed the minimum requirements, to provide adequate replacement for existing trees that are proposed to be removed. The City Forester reviewed the plan for tree replacement and mitigation and recommended approval. The PDP provides the required quantity and diversity of trees and landscape plantings. Building foundation and parking lot landscaping is enhanced; shrub and ground cover planting beds are provided in excess of the minimum coverage requirements with 3 2/25/2013 Q:\USERS\FORT COLLINS LAND USE\BDR DEVELOPMENT\DECISION.DOCX predominately low-water-use plant selections. Overall water use of 9.7 gallons per square foot is significantly less than the required maximum of 15 gallons per square foot. The parking lot perimeter and interior will be screened with trees, shrubs and a privacy fence that provide significant screening and appropriate transition between the property and adjacent residences. b. The PDP complies with Section 3.2.2, Access, Circulation and Parking, because the property is in the TOD Overlay Zone, so there is no minimum parking requirement for multi-family dwellings. Five off-street parking spaces are provided, and the parking access and location at the rear of the property is designed in conformance with the TOD standards. Bicycle facilities comply with the minimum requirements, with seven covered and five uncovered spaces. The Modification of Standard addresses the parking lot setback established by Section 3.2.2(J). 5. The PDP complies with the applicable standards contained in Article 4 of the Code for the Neighborhood Conservation Buffer (N-C-B) zone district. a. The PDP complies with Section 4.9(B)(2)(a)(3), Permitted Uses, because multi- family dwellings of up to four units, located in a street-fronting principal building, are a permitted use in the N-C-B zone. b. The PDP complies with Section 4.9(D)(1), Density, because the proposed density will be 4,948 gross square feet on a lot of 9,513 square feet. c. The PDP complies with Section 4.9(D)(5), Floor Area Ratio (FAR), because the building footprint is located almost entirely within the front 50% of the lot, so an exact FAR percentage was not required. d. The PDP complies with Section 4.9(D)(6)(a-e), Dimensional Standards, because the lot width is 50 feet, the building setbacks are at least 15 feet from the front lot line, five feet from the side and five feet from the rear alley, and the building height is only two stories, which is less than the allowed three stories. e. The PDP complies with Section 4.9(E)(1), Building Design, because the exterior walls are constructed at right angles to the lot, the second floor does not overhang the lower front or side of the building, the front porch is limited to one story, the roof pitch be between 2:12 and 12:12, and the front building façade features building entrances with a one-story architectural porch that is compatible in quality and scaled appropriately in comparison with nearby residences. f. The PDP complies with Section 4.9(E)(2)(a)(1), Building Height, because the structure does not exceed the maximum building height. g. The PDP complies with Section 4.9(E)(2)(b)(1), Eave Height, because the structure is in the front of the lot, where eave heights in excess of 13 feet are permitted. h. The PDP complies with Section 4.9(E)(4), Landscape/Hardscape Material, because not more than 40% of the front yard is covered with inorganic material. 4 2/25/2013 Q:\USERS\FORT COLLINS LAND USE\BDR DEVELOPMENT\DECISION.DOCX i. The PDP complies with Section 4.9(E)(6), Access, because parking is accessed from the alley and is not located between the building and the street. 6. With a condition as to scope, the Modification of Standard meets the applicable requirements of Section 2.8.2(H) of the Code. a. The Modification would not be contrary to the public good. b. The Modification will promote the general purpose of the standard for which the Modification is requested equally well or better than the standard without modification, because the Modification is minor and the overall project provides high quality, high performing architecture that is sensitive to the character of the surrounding neighborhood. c. The Modification would result in a substantial benefit to the City, because it accommodates off-street parking that would otherwise be infeasible, and the off-street spaces will reduce on-street parking demand and thereby benefit neighbors without any significant adverse impacts. d. The Modification will not diverge from the standards of the Code except in a nominal, inconsequential way when considered from the perspective of the entire PDP. The Modification provides appropriate massing, scale, detail and articulation. The landscape area, in combination with the privacy fence, provides a softened landscape edge interior to the parking area while mitigating the visual impact to the property to the south. Additionally, the Modification is along the parking drive isle, and not directly adjacent to the parking spaces, where the impact of a reduced setback would be greater. DECISION Based on the foregoing findings, the Hearing Officer hereby enters the following rulings: 1. The PDP and the Modification of Standard are approved as submitted, subject to the following conditions: a. The Modification of Standard (reduction in setback from five feet to three feet) shall apply to the rear 78 feet of the lot only. The setbacks on the remaining portion of the lot shall remain as provided in the Code. b. If access to neighboring properties is required for construction, the Applicant and/or Owner shall obtain appropriate easements. DATED this 25 th day of February, 2013. _____________________________________ Kendra L. Carberry Hearing Officer