HomeMy WebLinkAboutPLUM & SHIELDS EXTRA OCCUPANCY RENTAL HOUSE - PDP/FDP - FDP130053 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
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CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: May 14, 2014
PROJECT NAME: Plum and Shields Extra Occupancy Rental House Project
Development Plan
CASE NUMBER: PDP130053
APPLICANT: Cathy Mathis
The Birdsall Group
444 Mountain Avenue
Berthoud, Colorado 80513
OWNER: 801 Shields, LLC
1155 15th Avenue
Longmont, CO 80501
HEARING OFFICER: Kendra L. Carberry
PROJECT DESCRIPTION: This is a request for approval of a Project Development Plan
(PDP) for the Plum and Shields Extra Occupancy Rental House, located on 0.413 acres at 801
South Shields Street. The PDP proposes to convert an existing 3-story building formerly used as a
group home facility to an extra occupancy rental house. The PDP includes a reconfiguration of
the existing parking area with a new trash enclosure, landscaping, sidewalks and street
improvements. The PDP proposes an occupancy limit of 20 residents with 15 off-street parking
spaces and 21 bicycle spaces. The PDP requests two Modifications of Standard, one to to Section
3.2.2(J) setbacks for parking, and the second to Section 3.2.2(L), Table A, dimensional standards
for two-way drive isles.
SUMMARY OF DECISION: Approved
ZONE DISTRICT: Community Commercial (C-C)
HEARING: The Hearing Officer opened the hearing at approximately 5:30 p.m. on May 14,
2014, in Conference Room A, 281 North College Avenue, Fort Collins, Colorado.
EVIDENCE: During the hearing, the Hearing Officer accepted the following evidence:
(1) Planning Department Staff Report; (2) application, plans, maps and other supporting
documents submitted by the applicant; (3) a copy of the public notice; (4) an email exchange
between Carl Wangsvick and City staff dated March 31-May 9, 2014, and (5) an email exchange
between Sue Brown and City staff dated March 31-April 1, 2014 (the formally promulgated
polices of the City are all considered part of the record considered by the Hearing Officer).
TESTIMONY: The following persons testified at the hearing:
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From the City: Jason Holland, Martina Wilkinson
From the Applicant: Cathy Mathis, Mike Landon
From the Public: Kelsey Schwager, Ben King
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that the hearing was
properly posted, legal notices mailed and notice published.
2. Although the PDP does not require a neighborhood meeting, a meeting was held on March
24, 2014. The residents that attended generally expressed concern over increased traffic, adequate
off-street parking, and public nuisance behavior. Those concerns have been addressed as
discussed below.
3. 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, Landscaping, because: 5 existing trees will
be preserved and protected; a realignment of the existing entrance drive and sidewalk will
accommodate the large existing Cottonwood tree; 3 additional street trees and additional
smaller ornamental trees are provided; full tree stocking are provided along all high use
and high visibility areas; and deciduous, evergreen and ornamental landscape material are
used extensively.
b. The PDP complies with Section 3.2.2, Access, Circulation and Parking, because:
PDP includes 15 off-street parking spaces including 1 handicap space, which is the
minimum quantity permitted; and the Modification of Standard addresses the minimum
drive isle width.
c. The PDP complies with Section 3.2.2(C)(6), Direct On-Site Access to Pedestrian
and Bicycle Connections, because a 6' sidewalk provides a direct connection from the
building entrance to the existing sidewalk along South Shields Street, and the minimum
number of bicycle parking is appropriately located near the building entrance.
d. The PDP complies with Section 3.2.5, Trash and Recycling Enclosures, because:
the PDP provides a new fully screened trash enclosure with walk-in access to recycling
and waste containers, and the enclosure is finished with durable materials that are
compatible with the building.
e. The PDP complies with Section 3.5.2(B), Residential Building Standards, because
no changes are proposed to the existing building design and the building remains in
compliance with the standard.
f. The PDP complies with Section 3.5.2(D), Orientation to a Connecting Walkway,
because the PDP provides a walkway, 6' in width, connecting the primary entrance to the
street sidewalk.
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g. The PDP complies with Section 3.5.2(E)(1), Setback from Arterial Streets, because
the building is set back more than 30' from the South Shields Street right-of-way.
h. The PDP complies with Section 3.5.2(E)(2), Setback from Nonarterial Streets,
because the building is set back more than 15' from the West Plum Street right-of-way.
i. The PDP complies with Section 3.6.4, Transportation Level of Service
Requirements, because the vehicular, pedestrian and bicycle facilities are consistent with
the standards contained in Part II of the City of Fort Collins Multi-modal Transportation
Level of Service Manual.
j. The PDP complies with Section 3.10.4(C), Development Standards for the Transit
Oriented Development (TOD) Overlay Zone - Streetscape, because it provides formal
streetscape improvements along West Plum Street including a ten foot wide sidewalk with
street trees in tree grates.
k. The PDP complies with Section 3.10.5(A), Development Standards for the TOD
Overlay Zone – Articulation, because the exterior building walls are divided and
proportioned to a human scale using projections, overhangs and recesses, adding
architectural interest and variety.
l. The PDP complies with Section 3.10.5(B), Development Standards for the TOD
Overlay Zone – Rooflines, because the building has a flat roof that features a three-
dimensional cornice treatment on all walls facing streets or connecting walkways.
m. The PDP complies with Section 3.10.5(C), Development Standards for the TOD
Overlay Zone – Materials and Colors, because the exterior building materials include
stone, painted concrete masonry and stucco, including colors that are low reflectance,
subtle and earth toned.
4. The PDP complies with the applicable standards contained in Article 4 of the Code for the
Community Commercial (C-C) zone district.
a. The PDP complies with Section 4.18(A), Purpose, because the PDP is consistent
with the stated purpose of the C-C zone district.
b. The PDP complies with Section 4.18(B), Permitted Uses, because an Extra
Occupancy Rental House is a permitted use in the C-C zone district subject to a Type 1
administrative review.
c. The PDP complies with Section 4.18(E), Building Height, because the existing
building is 3 stories, which is below the maximum 5 stories allowed by the standard.
d. The PDP complies with Section 4.18(F), Development Standards for the TOD
Overlay Zone, for the same reasons stated above related to compliance with Article 3,
Sections 3.10.4(C) and 3.10.5(A-C).
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5. The Modification of Standard (Section 3.2.2(J)) meets the applicable requirements of
Section 2.8.2(H) of the Code.
a. The Modification would not be detrimental to the public good.
b. The PDP as submitted will not diverge from the standards of the Land Use Code
except in a nominal, inconsequential way and will continue to advance the purposes of the
Land Use Code.
c. The PDP includes a privacy fence in combination with a varied landscape edge that
will provide screening and enhance the visual quality of the parking area while mitigation
the visual impact to the property adjacent to the south.
6. The Modification of Standard (Section 3.2.2(L), Table A) meets the applicable
requirements of Section 2.8.2(H) of the Code.
a. The Modification would not be detrimental to the public good.
b. The PDP as submitted will not diverge from the standards of the Land Use Code
except in a nominal, inconsequential way and will continue to advance the purposes of the
Land Use Code.
c. The strict application of the 24' drive isle dimensional standard would render the
off-street parking area infeasible and the requested 18.6' drive isle still allows for sufficient
space to enter and exit the parking spaces.
DECISION
Based on the foregoing findings, the Hearing Officer hereby enters the following rulings:
1. The PDP and two Modifications of Standard are approved with the following conditions:
a. There shall be an on-site manager residing in the building while the building is
occupied.
b. The maximum number of residents in the building shall be 20, including the on-site
manager (the on-site manager counts as one resident).
DATED this 23rd day of May, 2014.
_____________________________________
Kendra L. Carberry
Hearing Officer