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Home My WebLink AboutFREY STREET COTTAGES SUBDIVISION - PDP - 17-06 - DECISION - MINUTES/NOTESADMINISTRATIVE HEARING PROJECT DATE Vi0v // Fm Lo log i Frey Street Cottages Subdivision PDP Administrative Hearing Findings, Conclusions, and Decision November 20, 2006 Page 6 of 4 SUMMARY OF CONCLUSIONS A. The Frey Street Cottages Subdivision proposal meets the procedural requirements located in Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan located in Article 2 - Administration. B. The Frey Street Cottages Subdivision proposal meets the applicability and plat requirements located in Sections 3.1.1 - Applicability and 3.3.1 - Plat Standards contained in Article 3 - General Development Standards. C. The Frey Street Cottages Subdivision meets the zone district standards located in Section 4.6 — Neighborhood Conservation, Low Density District, contained in Article 4 — District Standards. DECISION The Frey Street Cottages Subdivision PDP, Type 1 (#17-06) is hereby approved by the Hearing Officer without condition. Dated this 21st day of November, 2006, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Pet Wray Senior City Planner Frey Street Cottages Subdivision PDP Administrative Hearing Findings, Conclusions, and Decision November 20, 2006 Page 5 of 4 on the back edge of new curb installation. No conditions are warranted for this item to address these comments. The street naming issue is not part of this Hearing item. Staff 1s looking into the process and options for identifying the correct name for Frey Street. 5. Article 4 - District Standards: This Subdivision request complies with the applicable requirements of the LUC, specifically the NCL — Neighborhood Conservation, Low Density District standards located in Section 4.6 of the Land Use Code located in Article 4 — District Standards. A. Permitted Uses - The applicant has expressed that the intent of the subdivided lots is to create a single family detached dwelling on each lot. Single family detached dwellings are a permitted use in this zone district, subject to Basic Development Review. B. Land Use Standards — The lots proposed on the subdivision plat meet the density standards. Each lot is at least 6000 sf. At the time of Basic Development Review, the proposed buildings on lots one through three and lot five will be reviewed to ensure that they are under 2000 sf total floor area. The proposed building on lot four may be up to 2391 sf. C. Dimensional Standards — The four proposed lots meet the 40-foot wide minimum lot width. At the time of Basic Development Review, the proposed buildings will be reviewed to ensure that they meet the setback requirements and building height standards. D. Development Standards — At the time of Basic Development Review, the proposed buildings will be reviewed to ensure that they meet these standards. The Hearing Officer in reviewing the staff report agrees that the proposed lot sizes are consistent with the NCL Zoning standards. The outside lots will be off -set somewhat by extended landscaping and drainage easements along Laporte Avenue and ditch corridor. Frey Street Cottages Subdivision PDP Administrative Hearing Findings, Conclusions, and Decision November 20, 2006 Page 4 of 4 as allowed in the NCL District Standards, subject only to Basic Development Review. As such, the plat is only required to comply with the NCL Zone District Standards and the standards contained in Section 3.8. This proposal complies with all pertinent supplemental codes in Section 3.8. Item 5 below addresses the zone district standards. B. The subdivision plat is in compliance with Section 3.3.1 Plat Standards in that: 1) The subdivision plat will be filed and recorded only after having been approved by the Director of Planning, with such approval evidenced in writing on the plat and signed by the City Clerk. 2) No building permit or certificate of occupancy shall be issued for construction of any new principal building or no act which changes the use of any building shall be permitted until the subdivision plat is filed and recorded in the City of Fort Collins. C. The subdivision plat is in compliance with Section 3.3.1(B) Lots in that: 1) The five lots are at least 6,000 square feet in size, the minimum allowed in the NCL — Neighborhood Conservation Low Density District; lots one through four have direct vehicular access to a public street and lot 5 has access to Frey Street along a private drive. Side lot lines are substantially at right angles. 2) The general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed lots accomplishes the purpose and intent of the Land Use Code. D. The subdivision plat is in compliance with Section 3.3.1(C) Public Sites, Reservations and Dedications in that: 1) The applicant has dedicated appropriate rights -of way for public streets, drainage easements, utility easements and access easements as needed to serve the area being platted. 2) Reservation of sites for flood control, open space and other municipal uses has been made in accordance with the requirements of the Land Use Code. Public comments received during the Hearing included extent of paving on Frey Street, mitigation of curb and gutter improvements for adjacent neighbors, surface drainage and street naming. The owner clarified that Frey Street will be paved adjacent to the project out to Laporte Ave including new curb, gutter and storm drains with these improvements. Mr. Shaw stated he is willing to work with adjacent neighbors to mitigate disturbed planting areas Frey Street Cottages Subdivision PDP Administrative Hearing Findings, Conclusions, and Decision November 20, 2006 Page 3 of 4 Written Comments: None FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The surrounding zoning and land uses are as follows: N: I County I —Industrial; E: NCL Existing NCL—Neighborhood Conservation, Low Density residential; S: NCL Existing NCL—Neighborhood Conservation, Low Density single- family residential with Existing POL—Public Open Lands (City Park) beyond; W: NCL Existing NCL—Neighborhood Conservation, Low Density single- family residential with Existing POL—Public Open Lands (City Park) beyond. The area bounded by Laporte on the north, Grandview on the west, Mountain on the south, and the ditch on the east has recently been downzoned from LMN—Low Density Mixed -Use Neighborhood to NCL—Neighborhood Conservation, Low Density at the behest of the neighborhood. 2. Article 2 - Administration: This Subdivision, PDP complies with the applicable requirements of the LUC, specifically the procedural requirements located in Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan in Article 2 - Administration. 3. Article 3 — General Development Standards This Subdivision request complies with the applicable requirements of the LUC, specifically the Applicability standard located in Section 3.1.1- Applicability and the plat requirements located in Section 3.3.1 - Plat Standards located in Article 3 - General Development Standards. A. The subdivision plat is in compliance with Section 3.1.1 Applicability. The applicant has expressed that the future development will be single family homes Frey Street Cottages Subdivision PDP Administrative Hearing Findings, Conclusions, and Decision November 20, 2006 Page 2 of 4 STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:00 p.m. on November 16, 2006 in Conference Room A at 281 N. College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; and (3) a tape recording of testimony provided during the hearing; and (4) a sign up sheet of persons attending the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Anne Aspen, City Planner Randy Maizland, Civil Engineer I From the Applicant: John Shaw, Owner From the Public: Sophia Linn, 114 Frey Street, FC Nancy Frederick, 1801 Laporte Ave, FC Karen Wilken, 143 Frey Street, FC Carla Pasetti, 1730 W. Mountain Ave, FC Lita Chandler, 142 Grandview Ave, FC City of Fort Collins Commurn_ j Planning and Environmental S. ices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: OWNER: APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: November 16, 2006 Frey Street Cottages Subdivision Project Development Plan # 17-06 John Shaw 2100 Barnwood Court Fort Collins, CO 80525 Jack Blake Stewart and Associates 103 South Meldrum St. Fort Collins, CO 80521 Pete Wray Senior City Planner This is a request to subdivide a platted parcel of land into five lots. The existing lot is located at the southeast corner of Laporte Avenue and Frey Street. It currently contains an existing home, addressed 1707 Laporte Ave. and is in the NCL—Neighborhood Conservation — Low Density District. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: NCL—Neighborhood Conservation — Low Density District. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020