HomeMy WebLinkAbout616 W. MULBERRY ST., THE SHELDON HOUSE - APU - 15-10 - REPORTS - RECOMMENDATION/REPORT616 West Mulberry Street —The Sheldon House -Addition of Two Permitted Uses, #15-10
August 19, 2010 P & Z Hearing
Page 12
The submittal of a Major Amendment as the site specific development plan shall be
required to properly document the change of use and facilitate the change of
occupancy and shall be subject to Administrative Review.
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616 West Mulberry Street — The Sheldon House - Addition of Two Permitted Uses, #15-10
August 19, 2010 P & Z Hearing
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Neither professional office or personal and business services will create any more impacts
than the amount normally resulting from the other permitted uses.
D. Such use is compatible with the other listed permitted uses in the zone
district to which it is added;
The two proposes uses, on this parcel and in this structure, have similar operational
characteristics as the other permitted uses in the N-C-M. There will be no measurable
increase in traffic, adequate parking is provided in the rear and the exterior of the house
cannot be altered. Further, there will be no changes in landscaping, lighting, noise or odor.
The two proposed uses are capable of existing together in harmony with the surrounding
neighborhood.
E. Such use is not a medical marijuana dispensary or a medical marijuana
cultivation facility.
Neither of the proposed uses is associated with the dispensing or cultivation of medical
marijuana.
11. Findings of Fact and Conclusion:
In reviewing the request to add professional office and personal and business services as
Permitted Uses for 616 West Mulberry Street, Staff makes the following findings of fact:
A. Adding the professional office and personal and business services to the
existing house and property at 616 West Mulberry Street in the N-C-M zone
is found to have negligible impacts with regard to operational characteristics
and therefore complies with the compatibility standards of Section 3.5.1 of
the Land Use Code.
B. Adding the two proposed uses to 616 West Mulberry Street is found to be
comparable with and appropriate for the N-C-M zone district and, therefore,
complies with the criteria of Section 1.3.4 of the Land Use Code.
RECOMMENDATION:
Staff recommends approval of adding professional office and personal and business
services as additional uses in the N-C-M at 616 West Mulberry Street, subject to the
following condition:
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616 West Mulberry Street —The Sheldon House -Addition of Two Permitted Uses, #15-10
August 19, 2010 P & Z Hearing
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10. Criteria of Section 1.3.41A1:
Additions of a Permitted Use are required to comply with the criteria of Section 1.3.4(A).
A. The Use Is Appropriate In the Zone To Which It Is Added
The purpose of the N-C-M is described as follows:
"The Neighborhood Conservation, Medium Density District is intended to preserve
the character of areas that have a predominance of developed single-family and
low- to medium -density multi -family housing and have been given this designation
in accordance with an adopted subarea plan."
The conversion from bed and breakfast to professional office and personal and business
services will continue to preserve the historic and architectural character of the house.
The integrity of the exterior of the structure is protected by the historic designation. There
will be no significant change in the level of activity between the existing and proposed
uses. The two proposed uses, at this location and within this structure are appropriate
additions to the N-C-M zone.
B. 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 fundamental character of the zone is to promote neighborhood stability and
preservation but with a slightly broader mix of permitted uses than allowed in the N-C-L.
For example, the N-C-M allows the following uses which the N-C-L does not:
• multi -family up to a four-plex;
• child care centers;
adult/day respite care;
• bed and breakfast establishments with six or fewer beds.
The two proposed uses, on this parcel and in this structure, are similar to the allowed uses,
and comparable to the three-plex to the west, and will contribute to neighborhood stability
and preservation.
C. 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;
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August 19, 2010 P & Z Hearing
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7. Traffic:
A transportation impact study has not been submitted with the Addition of the Permitted
Uses. Discussions regarding traffic indicate the following:
• Primary access is gained via the existing alley. There is no private driveway
onto Mulberry Street.
• During times of peak traffic when left turns from the alley onto Mulberry
Street may be difficult, alternative access is provided north to Magnolia
Street.
• A professional office and personal and business services will not cause any
measurable increase in the number of trips impacting the intersections of
Mulberry Street/Loomis Street or Mulberry Street/Canyon Avenue/Whitcomb
Street.
• The Traffic Operations Department has provided traffic counts from 2008
(see attached). There are no planned improvements for street widening or
adding auxiliary turn lanes to the two adjacent intersections.
• The alley is paved from Mulberry Street to the north property line as a
requirement of the Martin Bed and Breakfast P.U.D.
8. Neighborhood Meeting:
A neighborhood information meeting was held on June 28, 2010. A summary is attached.
Relative to the number of addressees, attendance was low. Reaction was mixed and
ranged from support of project, to concern about parking/traffic, to opposition.
9. Site Specific Plan Follow-up:
Section 1.3.4 requires that if the applicant is successful in her request for the Addition of
Permitted Uses, then an Amendment to the Martin Bed and Breakfast P.U.D. would be
required to authorize the change of use with a new certificate of occupancy. Staff is
recommending that this Amendment be processed as a Major Amendment, subject to
Administrative Review. Since there would be no issues related to land development and
no exterior changes, Administrative Review is found to be a sufficient process by which to
review the request.
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August 19, 2010 P & Z Hearing
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C. Section 3.5.1(B) — Architectural Character and Building Compatibility
The historic architectural character is representative turn -of- the-20th-century style and is
compatible with the neighborhood. The picket fencing along Mulberry Street combined
with the generous and mature landscaping and the raised front porch give this house a
warm and stately character. The second floor porch and third floor dormers add to the
unique character. There is a direct connecting walkway to the public sidewalk and the
garage is served by the alley. The property represents the original urbanism that new
urbanism is trying to replicate.
D. Section 3.5.1(C) — Building Size, Height, Bulk, Mass, Scale
The building contains 5,105 square feet and is three stories in height. The building size,
height, bulk, mass and scale is residential in character and will be preserved. Therefore,
the structure is found to be compatiblewith the neighborhood.
E. Section 3.5.1(E) — Building Materials
As mentioned, the building is of wood frame construction. The roof is asphalt fiberglass
shingles. The front porch is flanked by windows of equal proportion which provides for a
symmetrical appearance and attractive curb appeal. All of these materials and forms are
found in the neighborhood.
F. Section 3.5.1(I) - Outside Storage Areas/Mechanical Equipment
There will be no outside material storage associated with either the professional office or
personal and business service functions.
G. Section 3.5.1(J) - Operational/Physical Compatibility Standards
There is an existing pattern of activity associated with the bed and breakfast. Since 1990,
the property has experienced the arrivals and departures of guests. During their stay,
guests have enjoyed lingering on the front porch, dining on the back patio all within easy
access to both Downtown and Colorado State University. As mentioned, there have been
no zoning complaints in 20 years of operation.
This level of activity is not expected to change with the conversion to professional office
and personal business services. In fact, the activity may actually decrease after 5:00 p.m.
on weekdays and on weekends.
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August 19, 2010 P & Z Hearing
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addition of two permitted uses at this location is supported by the plans and policies of the
West Side Neighborhood Plan.
6. N-C-M Zone District Land Use Standards:
There are no proposed physical -changes to the property or structure. Standards related to
lot size, lot width, building size, setbacks, floor -to -area ratio and height are not applicable.
7. Compatibility Standards — Section 3.5.1:
An Addition of a Permitted Use request requires compliance with Section 3.5.1. The
following standards are applicable:
A. Section 3.2.2(K) — Parking Requirements
The applicant estimates that of the total house square footage, only 1,270 would be
converted. This represents the first floor living room and parlor, and the four second floor
bedrooms. All other rooms would remain as is.
The house also contains a two -bedroom apartment in the basement and a caretaker's loft
on the third floor which require a minimum of 3.25, or 4.00 parking spaces.
In terms of the maximum allowable number of parking spaces, professional office cannot
exceed 3.0 spaces per 1,000 square feet and personal and business service shops cannot
exceed 4.0 spaces per 1,000 square feet. A 20% bonus is allowed if there are no
opportunities for on -street parking or shared parking. Using the higher ratio, and the 20%
bonus, 1,270 square feet would allow a maximum of six parking spaces.
A total of seven spaces are provided. This amount accommodates the required minimum
for the two -bedroom apartment and loft and by so doing, does not exceed the maximum
for the non-residential uses. (Garage parking can be used but not counted.) Parking for
all uses, therefore, complies with the standard.
B. Section 3.4.7(A) — Historic and Cultural Resources
The two-story wood frame house was built in 1905 in the American Foursquare style with
elements of Colonial Revival. The building has been locally designated as a historic
landmark (2004). Since the proposed uses are subject to adapting only the interior of the
existing structure and would not impact the exterior, there are no issues with historic
preservation.
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616 West Mulberry Street —The Sheldon House -Addition. of Two Permitted Uses, #15-10
August 19, 2010 P & Z Hearing
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Conservation Area Policy:
"These areas are primarily single family residential but some redevelopment to low
density multi -family residential has already taken place. Conservation of the low
density residential character is of primary concern here and redevelopment (new
construction) is not encouraged."
There would be no new construction associated with the request to add professional office
and personal and business service to 616 West Mulberry Street. As mentioned, the house
has been designated as a historic landmark which precludes any exterior changes or
alterations. Therefore, the existing residential character of the neighborhood would be
preserved.
East Buffer Area Policy:
"This sub -area is located between WSN and downtown. The East Buffer Area
should be a transition area between the residential portion of the neighborhood and
high intensity uses of the downtown. The transition should be made in terms of the
uses and scale of the development that is encouraged through redevelopment.
Encourage the following uses:
Low intensity professional offices and personal service shops;
• Single family, multi -family, boarding, rooming and bed and breakfast
structures;
Encourage conversion or changes of use from residential to business in residential
structures or from single family to multi -family in the same structure."
As noted, there is now no buffer transition area between Block 267 and the Downtown
zone district. Whitcomb Street divides the N-C-M and the D zones with no intervening N-
C-B as found elsewhere in the WSN.
In summary, a complete reading of the WSNP indicates an emphasis on preserving
existing neighborhood character, especially in the core area. This core area was then
zoned N-C-L. Between the core and Downtown is an area defined by various terms such
as "buffer," "transition" and "conservation." These areas were zoned N-C-M and N-C-B.
616 Mulberry is located in the N-C-M, one-half block from the Downtown zone district. The
lot fronts on West Mulberry Street and is served by an alley. This location and proximity to
Downtown suggests that 616 West Mulberry Street fulfills a buffer transition function. The
616 West Mulberry Street— The Sheldon House -Addition of Two Permitted Uses, #15-10
August 19, 2010 P & Z Hearing
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The zoning history indicates that the subject property has either been next to or close to a
zone district that would allow the two proposed uses. Also, between 1981 and 1997, a
land use conversion would have been eligible to be considered as a Planned Unit
Development.
B. Policies
One of the fundamental aspects of the WSNP is to preserve the existing character of the
neighborhood by discouraging new development or re -development. The plan states:
"LU — 1. In conjunction with retaining and enhancing the existing land use, new
development and redevelopment will be encouraged only in selective areas where:
• Physical deterioration exists;
• Speculation and redevelopment have made it impossible to retain existing
character;
• Existing transportation corridors have created stabilization problems to
present land uses;
• Future increased traffic loads on planned transportation corridors will
continue to further destabilize land uses."
Fortunately, these conditions have not come to pass along West Mulberry Street or
anywhere else in the WSN. In fact. the neighborhood is experiencing the opposite effect.
(For example, Valley Block, Marshall Distributing and Concrete Products have all moved or
closed.) The proposed land use additions to 616 West Mulberry Street do not involve any
redevelopment as the existing structure will be maintained and preserved.
"LU — 2. Property values should be maintained through clearly stated and
enforced regulation and guidelines for change. Use of the LDGS should be
encouraged in transitional areas of the neighborhood but not in the stable
residential core; limited use of the LDGS in the residential conservation areas is
recommended."
The process for evaluating an Addition(s) of a Permitted Use(s) is clearly stated in the
Land Use Code. The subject parcel is not located in the residential core area. The LDGS
was used to review, evaluate and approve the Martin Bed and Breakfast in 1990. The use
of the LDGS and the Addition of a Permitted Use processes in the WSN have been limited
and judicious.
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August 19, 2010 P & Z Hearing
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Mulberry is designated on the Master Street Plan as a four -lane arterial street. It has a
traffic volume west of Meldrum Street of approximately 19,448 vehicles per day based on
data derived on October 2, 2008. An arterial street is designed to handle traffic volumes
ranging from 15,000 to 35,000 vehicles per day. (A comparison chart is attached to
illustrate equivalent traffic volumes on other arterial streets.)
5. West Side Neighborhood Sub -Area Plan:
A. Location
The site is located within the "Conservation" sub -area of the West Side Neighborhood Plan
adopted in 1989. It is important to note, however, that the parcel is separated from the
"Business/Financial" sub -area to the east by one-half of the block. The WSNP identifies
Whitcomb Street as the dividing line between the two sub -areas. Prior to the WSNP, the
alley between Loomis and Whitcomb Streets was the dividing line between zone districts.
The parcel is separated from the "Core Single Family" sub -area to the west by two blocks
along Mulberry Street. (See WSNP Future Land Use Map attached.)
Beginning in 1965, and up until plan implementation in 1991, the alley along the east
property line represented the zone district line between R-M and R-H. The plan states:
"A large linear zone of R-H, High Density Residential, borders the east boundary of
the WSN. This zone extends from just short of Lee Martinez Park on the north to
CSU on the south and has served as a transition zone between the residential core
neighborhood and the business zones to the east. This area has experienced some
change from single family residential to multi -family residential, office and
commercial uses."
From a zoning history perspective, between 1965 and 1991, offices and personal service
shops were permitted in the R-H zone district.
In 1991, the implementation of the West Side Neighborhood Plan resulted in the creation
of three new zones: (N-C-L, N-C-M and N-C-B). The subject parcel, and the entire block,
was rezoned from R-M (west of the alley) and R-H (east of the alley) and unified under the
N-C-M.
And then Whitcomb Street, instead of the alley, became the dividing line between N-C-M
and Downtown — Canyon Avenue Sub -district but without the intervening N-C-B as the
buffer and transition area. (See attached Zoning Map).
With the zone district dividing line shifting east from the alley to Whitcomb Street, the
subject property is now slightly removed, by one lot, from the Downtown zone instead of
adjoining the buffer area.
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616 West Mulberry Street — The Sheldon House - Addition of Two Permitted Uses, #15-10
August 19, 2010 P & Z Hearing
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3. Description of the Proposed Additional Uses:
The two proposed uses are professional office and personal and business service shops.
The Land Use Code describes these two uses as follows:
Professional office shall mean an office for professionals such as physicians,
dentists, lawyers, architects, engineers, artists, musicians, designers, teachers,
accountants or others who through training are qualified to perform services of a
professional nature and where no storage or sale of merchandise exists.
Personal and business service shops are defined as "shops primarily engaged in
providing services generally involving the care of the person or such person's
apparel or rendering services to business establishments such as laundry, dry
cleaning, retail outlets, portraibphotographic studios, beauty or barber shops,
employment service, or mailing or copy shops."
(Note that retail sales are only allowed as incidental to the personal service, such as
beauty products for a hair salon. Retail stores are separately defined and are not included
in the definition of personal and business service shops.)
4. Context of the Surrounding Area:
The parcel is located on the north side of West Mulberry Street between Loomis and
Whitcomb Streets. The east property line adjoins the north -south alley that connects
Mulberry and Magnolia Streets. (From 1965 to 1991, this alley was the dividing line
between the R-M, Medium Density Residential and the R-H, High Density Residential zone
districts.)
To the north, east and west are single family homes that were platted as part of Loomis
Addition in 1887. The house immediately to the west, which also fronts onto West
Mulberry Street, was, at some point, converted to a three-plex. There is an existing, two-
story, 600 square foot, detached garage with non -habitable space across the alley.
Whitcomb Street is now the dividing line between the N-C-M and the Downtown zone. At
the corner of West Mulberry Street, Whitcomb Street and Canyon Avenue is a three-story
professional office building and a liquor store. At the corner of Mulberry Street and
Canyon Avenue is the City of Fort Collins Mulberry Pool and Lincoln Center. To the south
are single family homes platted as part of Block Three of the Westlawn Addition in 1920.
One of the unique characteristics of the property is that it faces directly onto West Mulberry
Street, not Loomis or Whitcomb Streets. This is the end of a rectangular block so the
property does not share a block face with the neighborhood to the north.
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616 West Mulberry Street — The Sheldon House - Addition of Two Permitted Uses, #15-10
August 19, 2010 P & Z Hearing
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1. Background:
The surrounding zoning and land uses are as follows:
N: N-C-M; Single Family
S: N-C-M; Single Family
E: N-C-M; Single Family, including a two-story, 600 square foot
detached garage with non -habitable space
W: N-C-M; Multi -family (single family converted to three-plex)
2. Zoning History:
The property was annexed and platted as part of Block 267, Loomis Addition, in 1887, the
first annexation to the original town plat. The house was built in 1905 for Charles Sheldon
and originally located at 131 South Howes Street. The house was then moved in 1955 to
its present location to prevent demolition, and has since been designated by the City of
Fort Collins as a historic structure.
1965 — R-M, Medium Density Residential.
1981 — The P.U.D. option was added to the R-M zone under the Land Development
Guidance System.
1989 — Adoption of the West Side Neighborhood Plan.
1990 - The Martin Bed and Breakfast was approved as a Planned Unit Development.
1991 — N-C-M, Neighborhood Conservation Medium Density as per the West Side
Neighborhood Plan.
1997 — Adoption of City Plan and the Land Use Code in which the N-C-M, Neighborhood
Conservation Medium Density zoning was retained. Bed and Breakfast Establishments
with Six or Fewer Beds was added to the zone as a permitted use. The allowance to do a
Planned Unit Development, however, was removed.
2004 — The house was officially locally designated as a historic landmark.
According to the Zoning Department, there have been no zoning complaints on this
property.
City of 0
F6rt Collins
OM NO 4
MEETING DATE f /4 t,o
STAFF 4
PLANNING & ZONING BOARD
PROJECT: 616 West Mulberry Street — The Sheldon House - Addition of Two
Permitted Uses, #15-10
APPLICANT: Mrs. Cynthia Murphy
616 West Mulberry Street
Fort Collins, CO 80521
OWNER: Same
PROJECT DESCRIPTION:
This is a request to add two permitted uses to the existing building at 616 West Mulberry
Street. The two uses are professional office and personal and business services. The site
is currently a bed and breakfast with six or fewer beds that was approved as the Martin
Bed and Breakfast P.U.D. in 1990. The site is located on the north side of West Mulberry
Street between Whitcomb and Loomis Streets and zoned N-C-M, Neighborhood
Conservation Medium Density. This zone normally does not allow Professional Office and
Personal and Business Services as permitted uses.
RECOMMENDATION: Approval with Condition
EXECUTIVE SUMMARY:
The proposed additional uses are not permitted in the N-C-M district. The request has
been reviewed by West Side Neighborhood Plan and the criteria of Sections 1.3.4 and
3.5.1 which address compatibility within the zone district and the surrounding area. A
neighborhood meeting was held and a summary is attached. The house is locally
designated as a historic landmark, which protects the exterior from any changes. The
condition stipulates that, in compliance with Section 1.3.4, a Major Amendment be
submitted as the site specific development plan that must be approved prior to
authorization of any change of use. Staff recommends this Major Amendment be
processed as an Administrative Review.
Current Planning 281 N College Av PO Box 580 Fort Collins, CO 80522-0580
fcgov.com/currentplanning 970.221.6750