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
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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
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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
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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:
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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.
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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