SITE DATA
Location Description:
Located on the northeast corner of Cherry Street and Lyons Street
North:
W Vine Dr
South:
Laporte Ave
East:
N Shields St
West:
N Taft Hill Rd
Zoning 1:
LMN--Low Density Mixed-Use Neighborhood District
GENERAL
RCIM:
Residential
Combined Submittal:
No
Subdivision Plat:
With Plat
Current Round:
4
Affordable Housing:
No
DATES
Conceptual Review:
09/28/2015
Conceptual Review Meeting:
Yes
Neighborhood Meeting:
No
Project Submittal Date:
10/03/2018
Project Expiration Date:
05/04/2020
Hearing Date:
07/11/2018
Hearing Type:
Type 1
Decision:
Approved w/Conditions
Conditions of Approval:
The Cherry Street Cottages (PDP #160041) is approved, on the condition that any
and all references to second story dwelling units on Lots 1 -3, Cherry Street Cottages
are removed from the PDP and subject to the additional conditions of approval:
1. Buildings submitted at the time of building permit review shall
be reviewed by City staff for compliance with LUC Sec.
3.5.1(F), which states that color shades shall be used to facilitate
blending into the neighborhood and unifying the development.
The color shades of building materials shall draw from the range
of color shades that already exist on the block or in the adjacent
neighborhood.
2. The landscape plan shall be adjusted to provide 36 evergreen
trees along the north boundary of the project, with six (6)
evergreen trees per lot to include at least two (2) species, as
depicted on Revised Sheet LP101 labeled “Exhibit A – Approval
Conditions”.
3. The PDP shall be amended to include a new wood privacy fence
six feet (6’) in height along the north and northeast portion of the
Subject Property as generally depicted on Revised Sheet LP101
labeled “Exhibit A – Approval Conditions”. The privacy fence
shall be constructed of natural cedar or redwood.
4. All landscaping and fencing shown on the landscape plan shall
be installed prior to the issuance of any certificate of occupancy
on any lot. All landscaping, fencing, site walls, stairs and railings
shown shall be maintained by a Homeowners Association.
5. The Applicant shall incorporate a Homeowners Association that
will bear responsibility for the maintenance obligations set forth
in paragraph A.4. above and shall prepare a declaration of
covenants, conditions and restrictions (“CCRs”) to be recorded
in the real property records of Larimer County, Colorado. A
copy of the draft CCRs shall be provided by the Applicant to
Staff as part of the initial Final Plan submittal, and the CCRs
shall be reviewed by Planning Staff and the City Attorney's
Office for sufficiency. Comments or suggested revisions
provided by the City to the Applicant on the CCRs shall be
incorporated into same by Applicant. The Applicant and the City
shall agree on the final form and content of the CCRs prior to, or
concurrently with, the approval or conditional approval of the
Final Plan.
B. Conditioned on the removal of the second story dwelling units/carriage houses/
accessory buildings with habitable space on Lots 1-3 and adherence to the additional
conditions set forth above, the Hearing Officer approves the PDP based on the
following findings:
1. the Application (as conditionally approved) complies with the
applicable procedural and administrative requirements of
Article 2 of the Land Use Code;
2. the Application (as conditionally approved) complies with the
applicable General Development Standards contained in Article
3 of the Land Use Code; and
3. the Application (as conditionally approved) complies with the
applicable Low Density Mixed-Use Neighborhood (L-M-N)
Zone District standards contained in Article 4, Division 4.5 of
the Land Use Code.
C. The Hearing Officer concludes that there is insufficient authority in the Code to
permit two dwelling units on each of Lots 1 – 3, as requested in the PDP Application.
D. The Hearing Officer further concludes that the Hearing Officer lacks jurisdiction to
consider the addition of carriage homes/accessory buildings with habitable space as
an additional permitted use in the L-M-N zone district even if the criteria set forth in
Sec. 1.3.4(C)(1)(a) – (h) of the LUC were satisfied. Sec. 1.3.4(G) of the LUC
reserves that determination to City Council.
Development Agreement Signed Date:
03/31/2020
Site Plan Signed Date:
05/18/2020
Plat Signed Date:
05/18/2020
Vested Rights Date:
05/20/2020
PDP Approval Date:
07/19/2018
BUILDING AND SITE
Residential:
10800
Building Floor Area Ratio:
0.39
Platted Area:
0.937
Single Family Detached:
8
Residential Area:
10800
Right of Way Area:
5300
Parking and Drive Area:
2378
Stormwater Detention Area:
2700
Landscape Area:
16531
Open/Other Area:
22633
Gross Area:
44579
Floor Area Ratio:
0.24
Residential Area Acres:
0.2479
Right of Way Area Acres:
0.1217
Parking and Drive Area Acres:
0.0546
Stormwater Detention Area Acres:
0.062
Landscape Area Acres:
0.3795
Open/Other Area Acres:
0.5196
Gross Area Acres:
1.0234