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HomeMy WebLinkAboutMCINTYRE HOUSE (137 & 143 MATHEWS ST.) - PDP/APU - PDP120007 - P&Z PACKET - RECOMMENDATION/REPORTMcIntyre House (137 & 143 Mathews Street) -Addition of a Permitted Use, PDP120007 September 20, 2012 P & Z Hearing E. This is because the lot line dividing the two properties is invisible and the structure is indistinguishable from a two-family dwelling which is a permitted use in the zone district. F. The requested modification of Section 4.9(D) . standards to allow for lots smaller (Lot 1: 3,837 S.F.; Lot 2: 3,154 S.F.) than the required minimum size (5,000 S.F.) is not detrimental to the public good. G. The requested modification of Section 4.9(D) standards to allow for lot widths narrower (Lot 1: 26'; Lot 2: 24') than the required minimum width (40') per Section 4.9 (D) satisfies the criteria set forth in Section 2.8.2(H)(4) due to the modifications being "nominal" and "inconsequential" when considered in the context of the entire development plan. H. This is because the lot line dividing the two properties is invisible and the structure is indistinguishable from a two-family dwelling which is a permitted use in the zone district. The requested modification of Section 4.9(D) standards to allow for lot widths narrower (Lot 1: 26'; Lot 2: 24') than the required minimum width (40') per Section 4.9 (D) is not detrimental to the public good. RECOMMENDATION: Staff recommends APPROVAL of the request for: 1. Addition of a Permitted Use to allow Dwelling, Single -Family Attached at 137 & 143 Mathews Street; 2. A Modification of Standards to allow lot widths narrower (Lot 1: 26'; Lot 2: 24') than the required minimum (40'); 3. A Modification of Standards to allow lot sizes smaller (Lot 1: 3,837 S.F.; Lot 2: 3,154 S.F.) than the required minimum (5,000 S.F.); 4. A Project Development Plan to plat the lot at 137 & 143 Mathews Street. ATTACHMENTS 1. Site Plan 2. Plat 3. Image 8 McIntyre House (137 & 143 Mathews Street) - Addition of a Permitted Use, PDP120007 September 20, 2012 P & Z Hearing 2. Lot widths narrower (Lot 1: 26'; Lot 2: 24') than the required minimum width (40') per Section 4.9 (D). The proposed modification to the minimum lot width is found to satisfy subsection four, as shown above, in that the modification is deemed to be "nominal" and "inconsequential". The modification of standards is a result of an invisible property line requested to be platted down the middle of an existing property and structure. The property will not look or be experienced any different than it does today or if it were seeking approval of a two-family dwelling. 8. Neighborhood Meetinq: The requirement for a neighborhood meeting was waived, per LUC Section 2.2.2, because it was determined "that the development proposal would not have significant neighborhood impact." 9. Findings of Fact and Conclusion: In reviewing the request to add Dwelling, Single -Family Attached as a permitted use at 137 & 143 Mathews Street, staff makes the following findings of fact: A. The proposed Addition of a Permitted Use, Dwelling, Single -Family Attached, is in compliance with the requirements and criteria contained within Section 1.3.4(A) and (B) of the Land Use Code. B. The proposed Addition of a Permitted Use, Dwelling, Single -Family Attached, to the NCB District is not detrimental to the public good and is in compliance with the requirements and criteria contained within Section 3.5.1 of the Land Use Code. C. The proposed Dwelling, Single -Family Attached use at 137 & 143 Mathews Street is in compliance with Article 3, General Development Standards, and Division 4.9 of the Land Use Code with the exception of Section 4.9(D). D. The requested modification of Section 4.9(D) standards to allow for lots smaller (Lot 1: 3,837 S.F.; Lot 2: 3,154'S.F.) than the required minimum size (5,000 S.F.) satisfies the criteria set forth in Section 2.8.2(H)(4) due to the modifications being "nominal" and "inconsequential" when considered in the context of the entire development plan. McIntyre House (137 & 143 Mathews Street) -Addition of a Permitted Use, PDP120007 September 20, 2012 P & Z Hearing (H) Step 8 (Standards): Applicable, and the decision maker may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good, and that: (1) 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, or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified 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. Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific findings showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (1), (2), (3) or (4). The proposal requests two modifications to LUC standards: 1. Lots smaller (Lot 1: 3,837 S.F.; Lot 2: 3,154 S.F.) than the required minimum size (5,000 S.F.) per Section 4.9 (D). The proposed modification to the minimum lot size is found to satisfy subsection four, as shown above, in that the modification is deemed to be "nominal" and "inconsequential". The modification of standards is a result of an invisible property line requested to be platted down the middle of an existing property and structure. The property will not look or be experienced any different than it does today or if it were seeking approval of a two-family dwelling. 6 McIntyre House (137 & 143 Mathews Street) -Addition of a Permitted Use, PDP120007 September 20, 2012 P & Z Hearing (5) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility; The proposed use is not a medical marijuana dispensary or cultivation facility. Section 1.3.4(B) (Tjhe Planning and Zoning Board may add a proposed use if the Board specifically finds that such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1., provided that such addition of a proposed use by the Planning and Zoning Board must be specific to the proposed site and shall not be considered for a text amendment under subsection (C) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. • The proposed use is physically indistinguishable from a two-family dwelling which is a permitted use in the NCB District and the structure was constructed prior to any in the near proximity. Therefore, staff concludes that the proposed single-family attached dwelling use would not be detrimental to the public good. • Section 3.5.1 Building and Project Compatibility. The purpose of this section is to ensure the physical and operational characteristics of proposed buildings and uses are compatible when considered within the context of the surrounding area. The proposed use is physically indistinguishable from a two-family dwelling which is a permitted use in the NCB District, is a reduction in density from what existed prior and what could be constructed as permitted in the zone district, and is located in an extremely diverse zone district and area of town. Therefore, staff concludes that the proposed use is in compliance with Section 3.5.1. • The proposed addition of a permitted use is limited to 137 & 143 Mathews Street and is not proposed to be applied to the entire zone district. • Attached, Single -Family Dwelling is not specifically listed as a prohibited use in the NCB District. 7. Modifications: LUC Section 2.8 Modification of Standards 5 McIntyre House (137 & 143 Mathews Street) - Addition of a Permitted Use, PDP120007 September 20, 2012 P & Z Hearing Section 1.3.4(A) (1) Such use is appropriate in the zone district to which it is added; The NCB District allows single-family, two-family, and multi -family dwellings subject to basic development review. The only aspect of this single-family attached dwelling that differs from a two-family dwelling is the platting configuration that creates two separate lots allowing for individual ownership of each unit. (2) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added; The characteristics of the zone district are profoundly diverse. Directly to the north is a mixed -use building (vacant commercial on ground floor with residential above), to the west is the City's parking structure, to the south is the Church of Latter Day Saints, and across the street to the east is a Mennonite church. All the surrounding uses are significantly larger and have been constructed subsequent to the subject property's construction. Therefore, given the eclectic context of the area and the transitional purpose of the NCB District staff concludes that the proposal conforms to the basic characteristics of the zone district. (3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi -public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added, The proposed use does not create any additional impacts than the historical use on the property. Prior to this application, the structure had four dwellings and this proposal has two. Therefore, staff concludes that the proposed use at this property will decrease the impact from the previous use, which was a permitted use in the zone district. (4) Such use is compatible with the other listed permitted uses in the zone district to which it is added; The proposed attached single-family dwelling has no greater impacts than a two- family dwelling which is permitted subject to basic development review. 4 McIntyre House (137 & 143 Mathews Street) -Addition of a Permitted Use, PDP120007 September 20, 2012 P & Z Hearing Policy 2 - Land Use Y. Preserve a transition or cushion of lower intensity, compatible land uses, known as the Neighborhood Buffer District between the residential Neighborhood District and the more intensive commercial areas. In the Neighborhood Buffer District, the following uses will be encouraged: • low intensity professional offices and personal service shops • single-family, multi -family (maximum four-plex), boarding, rooming and bed and breakfast inns • churches • basement apartments • child care centers • group homes and elderly retirement homes. W. Encourage a mix of land uses in the Neighborhood Buffer District, and foster the rehabilitation and/or renovation of existing structures. 5. Compliance with Applicable General Development Standards (Article 3): A. Section 3.2.1(D)(c) — Landscaping and Tree Protection Street trees are required at intervals of 30 — 40 foot spacing. Two street trees exist in the planting strip in the 50 foot wide front of this property. B. Section 3.2.2(K) - Parking For Attached Dwellings, a minimum of 1.75 parking spaces per two bedroom unit is required to be provided. Each unit (two bedrooms in each) is providing two parking spaces (one garage, one outside). C. Section 3.5.1 — Building Project and Compatibility This section speaks to physical and operational compatibility of the development with the surrounding neighborhood. Given the eclectic context of the area the proposal meets these standards as they are not altering the structure. 6. Addition of a Permitted Use (Sec. 1.3.4): In order to approve an Addition of a Permitted Use the proposal must conform to all of the following conditions: 3 McIntyre House (137 & 143 Mathews Street) - Addition of a Permitted Use, PDP120007 September 20, 2012 P & Z Hearing COMMENTS: 1. Background: The house was built in 1879 as a single-family dwelling by John McIntyre, a Civil War General. Through the years the structure had dilapidated and was most recently used as four separate apartments. The current owner rehabilitated the structure, maintaining its historic integrity, and was recognized by City Council and the Landmark Preservation Commission with the Friend of Preservation award. The property is individually eligible as a local historic landmark. 2. Context of the Surrounding Area: The surrounding zoning and land uses are as follows: N: D; Commercial S: NCB; Institutional and Residential E: NCB; Institutional and Residential W: D; Commercial and Parking Garage The subject property is within the boundaries of the Downtown Plan area. 3. Neighborhood Conservation, Buffer District (NCB): The purpose of the NCB District is as follows (Sec. 4.9): (A) Purpose. The Neighborhood Conservation, Buffer District is intended for areas that are a transition between residential neighborhoods and more intensive commercial -use areas or high traffic zones that have been given this designation in accordance with an adopted subarea plan. Single-family attached dwellings are not permitted in the NCB District yet two-family dwellings and multi -family dwellings (<_ 4 units per building) are permitted subject to basic development review. 4. Downtown Plan: The Downtown Plan identifies the subject property as "neighborhood buffer' which principal uses are low/medium density residential and office. Below are some excerpts from the plan that address the neighborhood buffer district. 4 PROJECT: McIntyre House (137 & 143 Mathews Street) Addition of a Permitted Use, Project Development Plan, and request for two Modifications of Standards — #PDP120007 APPLICANT: Rayno Seaser 719 Breakwater Drive Fort Collins, CO 80525 OWNER: Eggs -It Properties LLC. 137 Mathews Street Fort Collins, CO 80521 PROJECT DESCRIPTION: This is a request to add Dwelling, single-family attached as a permitted use to the Neighborhood Conservation, Buffer District (NCB), on a specific site, at 137 & 143 Mathews Street, a Project Development Plan to plat a lot, and two requests Modifications of Standards: 1. Lots smaller (Lot 1: 3,837 S.F.; Lot 2: 3,154 S.F.) than the required minimum size (5,000 S.F.) per 4.9(D). 2. Lot widths narrower (Lot 1: 26'; Lot 2: 24') than the required minimum width (40') per 4.9(D). The existing historic house, built in 1879, is already remodeled into a "duplex" but in order to plat the two units separately the structure must be classified as a single-family attached dwelling which is not permitted in the NCB District. Therefore, an addition of a permitted use is required. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The request has been reviewed and found by staff to be in compliance with the required findings for the Addition of a Permitted Use (Section 1.3.4), General Development Standards (Article 3), Modification of Standards (Section 2.8), and Neighborhood Conservation Buffer (NCB) District (Section 4.9) with the exception of Section 4.9(D).