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HomeMy WebLinkAbout516 DEINES COURT, EXTRA OCCUPANCY RENTAL HOUSE - PDP - PDP120005 - REPORTS - RECOMMENDATION/REPORT516 Deines Court — Extra Occupancy Rental, PDP120005 May 14, 2012 4. Management Plan 5. Proposed Site Plan 6. Floor Plan 7. Notification Letter 8. Comment Letters from Affected Property Owners s 516 Deines Court — Extra Occupancy Rental, PDP120005 May 14, 2012 and the homes and yards are kept in good condition. The neighbors specifically requested that the hearing officer visit the neighborhood. 3. Condition The proposed extra occupancy rental house may have adverse impacts on the neighborhood harmony. In order to attempt to mitigate these impacts the applicant has provided a management plan that shall be adhered to as the condition of approval: The extra occupancy rental house shall operate according to the attached management plan, dated May 9, 2012. Additional conditions may be imposed based on compatibility with existing neighborhood and uses, per Sec. 3.5.1 (J). FINDINGS OF FACT/CONCLUSIONS After reviewing the proposed Extra Occupancy Rental House at 516 Deines Court, Project Development Plan, staff makes the following findings of fact and conclusions: 1. The proposed land use is permitted in the Low Density Mixed -Use (L-M-N) District. 2. The Project Development Plan complies with applicable General Development Standards contained in Article 3 of the Land Use Code. 3. The Project Development Plan complies with applicable district standards of Section 4.5 of the Land Use Code, L-M-N District. RECOMMENDATION Staff recommends approval of the Extra Occupancy Rental House at 516 Deines Court, Project Development Plan, PDP120005, subject to the following condition. 1. The extra occupancy rental house shall operate according to the attached management plan, dated May 9, 2012. ATTACHMENTS 1. Vicinity Map 2. Zoning Map 3. Neighborhood Images 5 516 Deines Court — Extra Occupancy Rental, PDP120005 May 14, 2012 A. Division 3.2, Site Planning and Design Standards 1. Section 3.2.2 (K) 0), Residential and Institutional Parking Requirements. Extra Occupancy Rental Houses: a. The proposal complies with the parking standard of 0.75 parking spaces per tenant for five (5) tenants by providing four (4) parking spaces. 2. Section 3.8.28, Extra Occupancy Rental House Regulations: a. The proposal complies with the required habitable floor space of 350 square feet per tenant for five (5) tenants by providing 2,028 square feet of habitable floor space. b. The proposal complies with maximum percentage of parcels per block face of 25% by being the only extra occupancy rental house on the block face. c. The proposal complies with the procedural requirement of a Type 1 administrative review for more than four (4) tenants by the approval decision based on information presented at a public hearing on May 14, 2012. ADDITIONAL INFORMATION 1. Public Comment This proposal has received substantial public comment, of which, the vast majority has been in opposition to the proposed use. Although it is not required for an administrative process, the applicant agreed to hold a neighborhood meeting. The principal feedback was based on the concern of the negative affect of the proposed use on the neighborhood harmony. More specifically, added traffic and parking to a quiet street, five (5) unrelated tenants may exhibit nuisance behavior, the property could fall into poor condition, and the paving of the front yard for parking takes away from the continuity of the neighborhood pattern. Please see attached comments for more details. 2. Neighborhood Character The neighborhood was platted in the 1960's and mostly consists of single family ranch style houses built in the same era. Many neighbors are the original occupants of the neighborhood. It is an enclave of principally owner -occupied single family houses. As a result, the streets have low traffic, are generally quiet 4 0 516 Deines Court — Extra Occupancy Rental, PDP120005 May 14, 2012 2. The Project The LUC defines extra occupancy rental house (Sec 5.1) as follows: Extra occupancy rental house shall mean a building or portion of which is used to accommodate, for compensation, four (4) or more tenants, boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value. The proposed extra occupancy rental house is required to provide >_ 350 square feet of habitable floor space per tenant (Sec. 3.8.28), equaling a minimum total of 1,750 square feet (350 x 5). The proposed habitable floor space is 2,028 square feet per the below definition (Sec 5.1). Habitable floor space shall mean the space in a building approved for living, sleeping, eating, cooking, bathing and personal hygiene. Crawl spaces, storage, laundry rooms, utility spaces and similar areas are not considered habitable spaces. Required parking for an extra occupancy rental house is 0.75 parking spaces per tenant (Sec. 3.2.2 (K) Q)). This proposal is required to provide four (4) parking spaces (5 tenants x 0.75). Four (4) parking spaces are proposed in the front yard and shall not exceed 40% of the front yard as defined in the municipal code (Sec. 20-104 & 20-105). The proposed parking spaces occupy 36% of the front yard. In the L-M-N district a maximum of twenty-five (25) percent of parcels per block face that may be used for extra occupancy rental houses (Sec. 3.8.28). This is the first proposed on this block face or the entire cul-de-sac. 3. Division 4.5 of the LUC — Low Density Mixed -Use Neighborhood District The proposed extra occupancy rental house is permitted in the L-M-N District subject to administrative (Type 1) review. The specific Land Use Standards as outlined in Section 4.5. are not applicable to this proposal. 4. Article 3 of the LUC — General Development Standards The proposed extra occupancy rental house complies with all applicable General Development Standards, more specifically as follows: 3 3 516 Deines Court— Extra Occupancy Rental, PDP120005 May 14, 2012 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 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 are 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 the 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, drainageways, irrigation ditches, railroad tracks and other major physical features. This proposal generally complies with the purpose of the L-M-N District. However, there is some uncertainty as to how the introduction of five unrelated tenants to a stable, primarily owner -occupied, single-family neighborhood will be a "complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood." Therefore conditions have been applied, consistent with Sec. 3.5.1 (J), in an effort to mitigate impacts on the neighborhood harmony. COMMENTS Background The surrounding zoning and existing land uses are as follows: North (across Prospect Road): N-C-L; single-family residential East (>'/ mile): N-C; school (Barton Early Childhood Center), commercial South (across Stuart Street): R-L; single-family, church, children's camp West (at College Avenue): C-G; commercial The subject property was platted with the M. L. Deines Subdivision in 1961 and the house was built in 1963. 2 74 City of Fort Collins Current Planning Planning, Development and Transportation Services Current Planning 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgo v. com/currentplanning PROJECT 516 Deines Court — Extra Occupancy Rental, PDP120005 APPLICANT Debra & Adam Cook 5983 Star View Drive Broomfield, CO 80020 OWNER Same PROJECT DESCRIPTION This is a proposal to convert an existing 2,028 square foot, five (5) bedroom, single- family dwelling into an extra occupancy rental house to allow five tenants. The only physical alteration proposed to the property is to add 3 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 (L-M-N). RECOMMENDATION Approval with Condition EXECUTIVE SUMMARY This Project Development Plan (PDP) generally complies with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically: • the process located in Division 2.2 - Common Development Review Procedures for Development Applications of ARTICLE 2 - ADMINISTRATION; • standards located in Division 3.8.28 — Extra Occupancy Rental House Requirements of ARTICLE 3 — GENERAL DEVELOPMENT STANDARDS; • standards located in Division 4.5 Low Density Mixed -Use Neighborhood District (L-M-N) of ARTICLE 4 — DISTRICTS. Extra occupancy rental houses with more than four (4) tenants are permitted in the L-M- N District, subject to administrative (Type 1) review. The purpose of the L-M-N 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