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HomeMy WebLinkAbout516 DEINES COURT, EXTRA OCCUPANCY RENTAL HOUSE - PDP - PDP120005 - DECISION - CORRESPONDENCE-HEARINGSign In Sheet: May 14, 2012, Public Hearing (Type 1) 516 Deines Court — Extra Occupancy Rental Name Address Phone Email No na p/ t -rH FL 4d 14 b 1, C�('".ra�G�� rj 2 17P%�Eg Szll-�`v-7S`i� 6r sqSo,wt2 s,� Pr' pa55 lG/ZVJ Sly G'`%. 7Cn7.GOS3 v QnejeC C+rtc�G.L©ck h4,i. cep P.nQ�� Co .CG<c Sign In Sheet: May 14, 2012, Public Hearing (Type I) 516 Deines Court — Extra Occupancy Rental Name Address Phone Email hcsrolcv`` i I",arl Gi �.�9 _ �.z.✓ �. �,I%-7"�-�5'�� l.�-rz ICL�vZGC[, �N �lt� S�Z tvV�S c i ZZ�- q3` d ,4 _AJ Cil;IJAIA Sgd,na 1 S+I0 k1k P !=G ec Sai35 1 %u Z22 5-3,71 ol:o .c 16/6 Wkojkxe FK ' Q 7--2za-61s� am i ;L- lc�f ,im ��Snvl y use ` ! • 11/1-01�� ;L)m Extra Occupancy Rental House Application r �i` ' /v 516 Defines Ct, ;Fort Collins, CO 80525 Management Plan Conditions: 1. Upkeep of Property: *The lawn will be weeded and treated for weeds, if necessary, on a monthly basis. *The lawn will be watered as necessary to maintain a Healthy turf, subject to any applicable_ governmental restrictigns. *The lawn will be mowed as necessaryto maintain a turf height at or below 6". *Non -turf plantings will be'replaced when diseased or dead and properly pruned as necessary. 2. Enforcement: *Either the landlord or the landlord's representative will visit the property at least every two weeks. *Neighbors may contact the owners, Adam and Debra Cook, by calling (303) 404-3808 or via email at d.cook(c@o.com , with concerns. 3. Owner will ensure that each• lease addresses the following items: a. ConditiogofProperty . Indoor furniture usage•is prohibited outside the house. *Trash bins shall be stored in'the garage o(backyard except for 12 flours before,or after trash retrieval. "Rubbish and trash musttbeproperly stored,in the bins. b. Parking *Within the property, parking is allowed only in landlord approved spaces (i.e. in the garage, on the driveway and on the street In front of the property). , `*Parking is not allowed`on the sidewalk. *Parking is not allowed on the turf., *Parking is not allowed in front of any.driveways. c. Tenant Behavior •Tenant shall comply with all City ordinances including, but not limited to, the City Noise Ordinance. *Tenant shall acknowledge that the maximum speed on Deines Court Is 25 miles per hour'and tenant should generally drive at less than the speed limit and should exercise caution when neighborhood children are at play. d. Pets *To the extent permitted by law, pets shall be prohibited. e. Termination/Eviction *Provisions for termination and eviction for violations of the Lease shall be consistent with State law. 4. A copy of the lease form wiii be provlded to the City staff prior to FDP,approval to ensure that the above conditions are Incorporated. location. CONCLUSIONS The Hearing Officer has reviewed the applicants' request, staff evaluation, testimony from the public hearings and all exhibits and documents submitted into the record and makes the following conclusions: 1. The granting of the extra occupancy rental application at this location in the LMN zone district is not supportable. 2. This neighborhood is stable and the introduction of this extra occupancy extra occupancy rental use cannot be integrated or harmonized with the neighborhood. 3. Mixed -use neighborhoods are difficult to retrofit in the existing fabric of older single use neighborhoods. DECISION The Hearing Officer herein DENIES extra occupancy rental application P.D.P. #120005. Dated May 24, 2012, per authority granted by Sections 1.49 and 2.1 of the Land Use Code. Richard V. Lopez Richard V. Lopez Hearing Officer �'3 a. Standard. In the LMN zone district, an application for extra occupancy rental house use for more than four (4) tenants shall be subject to Type 1 administrative review. b. Staff Analysis. Staff scheduled the Type 1 administrative review which was conducted on May 14, 2012. C. Public Testimony. The public did participate in the administrative review. d. Hearing Officer. The Hearing Officer finds that the administrative hearing was conducted because the applicant applied for extra occupancy rental house for five (5) tenants. 6. Section 3.5.1(J) - Operational/Physical Compatibility Standards. a. Standards. These standards allow conditions to be imposed upon the approval of the development to ensure compatibility with existing neighborhoods and uses. The listed conditions do not apply, but the standard allows Staff to propose other conditions. b. Staff Analysis. Staff correctly noted that the proposed extra occupancy rental house may have adverse impacts on neighborhood harmony. To mitigate those impacts the applicant provided a Management Plan that would become a condition of approval. C. Public Testimony. While members of the public praised the applicant for meeting with them and preparing the Management Plan, they questioned the ability to enforce the terms of the plan. d. Hearing Officer. The Hearing Officer believes that the proposed Management Plan is unenforceable. Without an onsite manager the plan would require neighborhood enforcement and self enforcement by the tenants. The need for the management plan underscores the lack of neighborhood harmony and the adverse impacts of increased renter density at this VA for non owner -occupied houses. b. Staff Analysis. Staff found that there are 2,154 square feet of habitable floor space. For five (5) tenants a total of 1,750 square feet of habitable floor space is required. C. Public Testimony. The public testimony did not dispute the amount of habitable space provided, but objected to the proposed extra occupancy use at this location. d. Hearing Officer. The Hearing Officer finds that the proposal can comply with this standard, but the underlying use cannot be approved for the reasons outlined above. 4. Section 3.8.28(A) - Maximum percentage of extra occupancy house per block face. a. Standard. This standard limits extra occupancy rental houses to no more than twenty-five percent (25%) of parcels on a block face. b. Staff Analysis. Staff found that the application complies with the maximum percentage of parcels per block face since this would be the only extra occupancy house on the block face. C. Public Testimony. The public did not agree that this criteria should apply to the this application. They stated that the compatibility and harmony criteria were more important. d. Hearing Officer. The Hearing Officer finds that the proposal can comply with this standard, but the underlying use cannot be approved for the reasons outlined above. 5. Section 3.8.28(E) - Type 1 Administrative Review. C1 Had this use been proposed at the time the neighborhood was planned and . constructed, it could have been located in an area where its possible impacts could be better tolerated. The Land Use Code expressly limits to twenty-five (25) percent the number of extra occupancy parcels that can be located a block face or the entire cul- de-sac. This neighborhood is not a mixed -use neighborhood by design. ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS 2. Section 3.2.2(K)(J) - Residential and Institutional Parking Requirements Extra Occupancy Rental Houses. a. Standard. This standard requires 0.75 parking spaces per tenant. b. Staff Analysis. The applicant has indicated that the five (5) tenants will have four parking spaces. These spaces will be located in the front yard by adding two new spaces to the existing garage driveway. C. Public Testimony. The public expressed concerns about the location and adequacy of the proposed parking. They objected to the removal of the front lawn to add two parking spaces. In addition, the location of the house in the cul-de-sac itself, made additional curb side parking difficult. There would not be additional curb side parking for guests. d. Hearing Officer. The Hearing Officer finds that although parking could be provided in the front yard to satisfy the four space parking requirement, the conversion of the yard to parking will also has a significant visual impact. The front yard will no longer have a residential character and instead would be dominated by concrete parking spaces and parked cars. 3. Section 3.8.28(A) - Extra Occupancy Rental House Regulations. a. Standard. This standard requires that in a LMN zone the maximum number of permissible residents is one tenant per three hundred fifty (350) square feet of habitable floor space 5 unrelated tenants. The applicant was commended for conducting a neighborhood meeting on May 2, 2012. There most of the attendees objected to the proposal and stated that they did not believe the development would.be "in harmony' with the rest of the neighborhood. Several of the citizens thanked the applicant for preparing a Management Plan. However, they did not believe the plan would be enforceable because there was no on - site manager. The proposed Management Plan called for enforcement by an off -site manager who would visit the neighborhood two times a week. Other concerns were increases in vehicle traffic and noise. The paving of a portion of the front yard for required parking was seen as a physical change of the neighborhood character and problematic in terms of its use. The spacing between parked vehicles, lines of sight and guest parking were main concerns. Others stated that they were concerned that this extra occupancy use would continue even if the present owners sold the property. d. Hearing Officer. The Hearing Officer visited the site and toured the neighborhood. The age and predominance of single family dwellings were apparent. This is a stable low density residential area. The introduction of the proposed extra occupancy dwelling use would be a distinct change to one house in the cul-de-sac. The Hearing Office toured other LMN neighborhoods where extra occupancy rental homes were located and found distinguishing characteristics. Other neighborhoods were newer and part of a larger development with a mixture of housing types, sizes and street patterns. One set of extra occupancy rental dwellings was located at the end of a street and backed onto open space. There were other housing types including triplexes and multi -family apartments or condos nearby. In general, there was a diversity of housing types that permitted the introduction of one or more extra occupancy rentals. These units blended into the fabric of the neighborhood without much difficulty. Here, the proposed conversion of 516 Deines Court cannot be accomplished without disruption. This extra occupancy house cannot be woven into the neighborhood fabric successfully. There has been no evidence submitted to show that this is "a complementary and supportive land use that serves the neighborhood." As a new use it cannot be developed and operated in harmony with the residential characteristics of the neighborhood. Z Extra occupancy rental houses with more than four (4) tenants are permitted in the LMN district subject to an administrative (Type 1) review. The purpose of the LMN district is as follows: The Low Density Mixed -Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the LMN District, is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices that invite walking to gathering places, services, and conveniences, and that is fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood. Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed -use Neighborhood with a Neighborhood Commercial Center at its core. For purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainage ways, irrigation ditches, railroad tracks and other major physical features. b. Staff Analysis. Staff found that the proposal generally complied with the purpose of the LMN District. There was some uncertainty about the introduction of five (5) unrelated tenants to a stable, primarily owner -occupied single-family neighborhood. Specifically, how this use would be a "complementary and supporting land use that serves the neighborhood." Additionally, how the proposal could be "developed and operated in harmony with the residential characteristics of the neighborhood." To address these criteria, The applicant has submitted a Management Plan that addressed parking, tenant behavior, pets, upkeep of the property, enforcement and conditions for termination and eviction. Staff recommended the adoption of the management plan as a condition of approval consistent with Section 3.5.1(J), to mitigate impacts on the neighborhood harmony. A copy of the proposed Management Plan is attached. C. Public Testimony. Most members of the public objected to the introduction of a house with five (5) 3 The subject property was platted with the M.L. Deines Subdivision in 1961 and the house was built in 1963. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established that the hearing was properly posted, legal notices mailed and notice published. PUBLIC HEARING: The Hearing Officer opened the hearing at approximately 6:05 P.M. on April 14, 2012 in the Planning Conference Room, 281 North College, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted the following evidence from the hearing: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant to the City of Fort Collins; (3) public testimony during the hearing. (4) The Land Use Code, the City's Comprehensive Plan (City Plan) and the formally promulgated polices of the City are all considered part of the evidence considered by the Hearing Officer. The following persons attended the hearing: From the City of Fort Collins: Seth Lorson, Planning From the applicant: Mrs. Debra Cook From the public: Members from the public testified. A copy of the sign -in sheet is attached hereto. FINDINGS ARTICLE FOUR - C-C ZONE DISTRICT STANDARDS 1. Section 4.5 - Low Density Mixed -Use Neighborhood ("LMN") District. a. Permitted Use Standard. 2 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: April 14, 2012 PROJECT NAME: 516 Deines Court - Extra Occupancy Rental CASE NUMBER: APPLICANT: OWNER P.D.P. 120005 Debra & Adam Cook 5983 Star View Drive Broomfield, CO 80020 Debra & Adam Cook 5983 Star View Drive Broomfield, CO 80020 HEARING OFFICER: Richard V. Lopez PROJECT DESCRIPTION: This is a proposal to convert an existing 2,028 square foot, single-family dwelling into an extra occupancy rental house to allow five (5) tenants. The only physical alteration proposed to the property is to add two (2) new parking spaces in the front yard for a total of 4 spaces (845 square feet). The site is zoned Low Density Mixed -Use Neighborhood ("LMN"). SUMMARY OF HEARING OFFICER DECISION: DENIAL BACKGROUND: 1. SURROUNDING ZONING AND LAND USES Direction Zone Land Use N NCL Single-family residential (across Prospect Road) S RL Single-family residential, church, (at Stuart Street) E NC Commercial (1/4 mile Barton Early Childhood Center) W CG Commercial (at College Avenue) Planning, Development & Transportation Services /111*F I Collins of May 24, 2012 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Attendee of the 516 Deines Court — Extra Occupancy Rental, # PDP 120005 Public Hearing, Please find attached to this letter a copy of the Type I Administrative Hearing Findings, Conclusions and Decision for the Project Hearing of the 516 Deines Court — Extra Occupancy Rental, # PDP 120005. Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been mailed to the applicant and any person who attended and/or provided testimony at the public hearing held on May 15, 2012. This final decision of the Administrative Hearing Officer may be appealed to the City Council, in accordance with Chapter 2, Article II, Division 3 of the City Code, within 14 calendar days of the date of final action May 24, 2012 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on June 7, 2012. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcgov.com/cityclerk/appeals.php, or may be obtained in the City Clerk's Office at 300 LaPorte Avenue. If you have any questions about the attached Decision or the appeal process, please contact me at 970-224-6189. Si ouLrl Lorsui i City Planner