HomeMy WebLinkAboutTOWNHOMES AT LIBRARY PARK PDP W/ADDITION OF PERMITTED USE - PDP130033 - REPORTS - RECOMMENDATION/REPORT10. Findings of Fact / Conclusion:
Staff finds that the request for adding Single Family Attached Dwellings as a permitted
use in the N-C-B complies with Section 1.3.4(A)(B) for the following reasons:
A. The parcel, zoned N-C-B, adjoins the D, Downtown zone district separated only
by the alley along the west property line. The parcel is not central to the
residential character of the N-C-B zone which is identified as the Core Area per
the East Side Neighborhood Plan. Allowing Single Family Attached Dwellings
would not be detrimental to the public good
B. Single Family Attached Dwellings are required to be on their own separate lot
whereas Multi -Family Dwellings are not. Since Multi -Family Dwellings are
permitted in the N-C-B, the proposed land use is comparable, if not potentially
less intense, than other permitted uses in the N-C-B zone.
C. Allowing Single Family Attached Dwellings at 220 East Olive Street contributes to
fulfilling the purpose of the N-C-B zone which is to act as a transition in land use
intensity between commercial uses and residential uses.
D. Single Family Attached Dwellings do not create anymore adverse impacts than
the amount normally resulting from Multi -Family Dwellings which are permitted in
the N-C-B zone.
E. Single Family Attached Dwellings are found to be compatible with the other listed
permitted uses in the N-C-B, particularly Multi -Family Dwellings. .
F. Single Family Attached Dwellings would potentially be in compliance with
Building and Project Compatibility standards found in Section 3.5.1 of the Land
Use Code.
G. Single Family Attached Dwellings are not specifically prohibited in the N-C-B.
RECOMMENDATION:
Staff recommends approval of the request for an Addition of a Permitted Use to allow
Single Family Attached Dwellings to the N-C-B zone district specifically for the parcel at
220 East Olive Street, and specifically in conjunction with Townhomes at Library Park
P.D.P., #130033.
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8. Compliance with Section 3.5.1 (Compatible with Surrounding Area);
Section 3.5.1 is referred to as Building and Project Compatibility and its purpose is
defined as follows:
"The purpose of this Section is to ensure that the physical and operational
characteristics of proposed buildings and uses are compatible when
considered within the context of the surrounding area. They should be
read in conjunction with the more specific building standards contained in
this Division 3.5 and the zone district standards contained in Article 4. All
criteria and regulations contained in this Section that pertain to
"developments, " "the development plan, " "buildings" and other similar
terms shall be read to include the application of said criteria and
regulations to any determination made by the Planning and Zoning Board
under paragraphs 1.3.4(A)(5) and (6) for the purpose of evaluating the
authorization of an additional use."
The primary attributes of a residential development featuring Single Family Attached
Dwellings are similar to that of Multi -Family Dwellings. In fact, with individual entrances,
there is the potential of Single Family Attached Dwellings having architectural features
that are more reflective of residential buildings at lower densities.
The test of compatibility for either land use is found in the performance of the P.D.P.
Just as permitted uses must pass the test of compatibility in order to be approved, so
too must any use that is added to a zone district. In this case, since the proposed land
use is roughly comparable, if not less intense, than a permitted use, the proposed
Single Family Attached Dwellings are potentially as equally compliant with Building and
Project Compatibility as Multi -Family Dwellings and would continue to meet the Purpose
Statement of the NCB zone district.
Staff finds that as a land use subject to P.D.P. review, Single Family Attached
Dwellings are as potentially compliant with the requirements of Section 3.5.1 —
Building and Project Compatibility as would be Multi Family Dwellings.
9. Such Use Is Not Specifically Listed as a "Prohibited Use" in the N-C-B:
There are no specifically listed prohibited uses in the N-C-B.
Staff finds that Single Family Attached Dwellings are not specifically prohibited in
the N-C-B zone district.
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As a land use, Single Family Attached Dwellings are at least comparable, if not less
intense, than Multi -Family Dwellings which are permitted in the N-C-B. The impacts
associated with the proposed townhomes are not expected to generate any more
negative externalities than would apartments or condominiums. In fact, with the legal
requirement that the proposed use feature one dwelling unit per lot, it is entirely likely
that there would be fewer dwelling units, and therefore, less traffic generation and
parking than otherwise associated with the permitted uses already allowed in the N-C-B.
Staff finds that adding Single Family Attached Dwellings to the N-C-B zone would
not create any adverse impacts of development, than the amount normally
resulting from the other permitted uses listed in the zone district to which it is
added.
7. Such Use Is Compatible with the Other Listed Permitted Uses in the Zone
District To Which It Is Added:
The definition for Single Family Attached Dwellings is clear in that each individual
dwelling unit must be on its own lot. This requirement has the effect of limiting the
number of dwelling units per acre. In contrast, each individual dwelling unit within a
Multi -Family Dwelling is not so constrained. The Land Use Code defines "compatibility"
as follows:
"Compatibility shall mean the characteristics of different uses or activities or
design which allow them to be located near or adjacent to each other in harmony.
Some elements affecting compatibility include height, scale, mass and bulk of
structures. Other characteristics include pedestrian or vehicular traffic,
circulation, access and parking impacts. Other important characteristics that
affect compatibility are landscaping, lighting, noise, odor and architecture.
Compatibility does not mean "the same as. " Rather, compatibility refers to the
sensitivity of development proposals in maintaining the character of existing
development. "
Multi -Family Dwellings are permitted in the N-C-B and are not limited to placing each
individual dwelling unit on its own lot. Since units can be stacked, there is always the
potential for the number of dwelling units per acre to be placed in buildings that are
higher than buildings containing Single Family Attached Dwellings. This higher density
would result in projects that have greater height, scale, mass, bulk, parking spaces and
traffic impacts. Essentially, the fundamental aspects of Single Family Attached
Dwellings are found to be at least equal, and potentially less impactful than Multi -Family
Dwellings.
Staff finds that Single Family Attached Dwellings are compatible with Multi -Family
Dwellings which are already permitted in the N-C-B zone.
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Attached Dwellings acts as a logical transition between the commercial activities to the
west and the predominant residential character to the east. The nearest single family
detached home is approximately 270 feet away across two public streets.
As such, 220 East Olive Street shares more urban characteristics and is more
associated with the fringe area than the central area of the East Side neighborhood.
Therefore, the proposed use, which is less intense than what would otherwise be
allowed in the N-C-B, fulfills the purpose statement of the zone district.
Staff finds that Single Family Attached Dwellings are appropriate for the N-C-B
zone district.
5. 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:
There is no shortage of examples of existing Multi -Family Dwellings in the N-C-B zone.
For example, within the N-C-B, within one block of the subject site, are the following:
221 Mathews Street — 26-unit apartment building
207 Mathews Street — 18-unit apartment building
308 East Oak Street — 43-unit apartment building
319 Mathews Street — 4-unit apartment building
320 Mathews Street — 7-unit apartment building
327 Mathews Street — 24-unit apartment building
The building form of Single Family Attached Dwellings is roughly comparable to that of
Multi -Family Dwellings. Both uses share an urban form with multiple units within
singular buildings. Whereas a multi -family structure would provide access via one main
entrance, a structure containing single family attached would feature individual
entrances. Since lot lines are invisible, these individual entries are practically the only
distinguishable attribute between the two housing types.
Staff finds that adding Single Family Attached Dwellings to this parcel, as defined
the P.D.P., conforms to the basic characteristics of the N-C-B and the other
permitted uses in the zone.
6. Does not create any more offensive noise, vibration, dust, heat, smoke,
odor, glare or other obiectionable 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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4. Such Use is Appropriate in the Zone District To Which It is Added:
The request for ten Single Family Attached Dwellings at the northwest corner of East
Olive Street and Mathews Street would contribute to the transition of land use intensity
between the Downtown zone, located across the alley, and the N-C-B zone.
The Purpose Statement of the N-C-B is as follows:
"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."
The East Side Neighborhood Plan (ESNP) was adopted in 1986 and divided the study
area into three general land use areas:
• Commercial "Fringe Areas" along College Avenue, Riverside Avenue, Lemay
Avenue and Mountain Avenue;
• "Preservation Area" that is predominately residential and comprises the
majority of the Study Area;
• Mixed use "Buffer Areas" between the Preservation and Fringe Areas.
The Townhomes at Library Park, located at 220 East Olive Street, is located within one
of the Buffer Areas.
In fulfillment of the ESNP, the Buffer Areas were rezoned to Neighborhood
Conservation Buffer, N-C-B in 1991.
It is notable that the East Side Neighborhood Plan (1986) preceded the adoption of the
Downtown Plan (1989). Subsequently, the "Fringe Area" was rezoned Downtown. The
alley along the west property line is the dividing line between the Downtown zone and
the subject site zoned N-C-B.
According to the ESNP:
"The Buffer areas are intended to provide a "cushion" between the Fringe and
Preservation areas. The predominant land uses to be encouraged in the buffer
areas are home occupations, office or other low intensity (non -retail) non-
residential uses, multi -family housing including higher density residential uses,
and other residential uses providing special housing needs sudh as boarding or
group homes, and low/moderate income housing projects."
The subject parcel is at the edge of the neighborhood and borders the Downtown zone
across the alley to the west. Since the P.D.P. is not located within the preservation area
of the neighborhood, the land use intensity associated with ten proposed Single Family
3. Such Use Would Not Be Detrimental to the Public Good:
As a housing type, Single Family Attached is defined as follows:
Dwelling, single-family attached shall mean a single-family dwelling attached to one (1)
or more dwellings or buildings, with each dwelling located on its own separate lot.
By way of contrast Multi -Family Dwellings are defined as follows:
"Dwelling, multi family shall mean a dwelling containing three (3) or more dwelling
units, not including hotels, motels, fraternity houses and sorority houses and similar
group accommodations. "
The definition of Lot is as follows:
"Lot shall mean a designated parcel, tract or area of land established by plat,
subdivision or otherwise permitted by law to be used, occupied or designed to be
occupied by one (1) or more buildings, structures or uses, and which abuts a dedicated
right-of-way, private street or private drive, any of which is at least twenty (20) feet wide
at all points. "
As can be seen by the three definitions, the two housing types are distinguished by
ownership of a separate lot. The real estate profession has informally adopted common
usage for these two housing types (none of which is found in the Land Use Code):
• Single Family Attached — Town homes
• Multi -Family— Apartments (rental) or Condominiums (sole ownership of air
space and joint ownership of common areas)
Multi -Family Dwellings are a permitted use in the N-C-B and yet Single Family Attached
Dwellings are not. The fact that Single Family Attached Dwellings must be located on
their own individual lot, versus Multi -Family Dwellings which do not, results in
significantly less density.
If Multi -Family Dwellings, with potentially higher density, are permitted in the N-C-B
zone, then allowing Single Family Attached, with its lower density, in the N-C-B would
not be detrimental to the public good.
Staff finds that adding Single Family Attached Dwellings to the N-C-B zone would
not be detrimental to the public good.
LOU
Addition of Permitted Use — Sinale Family Attached
1. Reauest for Sinale Familv Attached Dwellinas:
The applicant is requesting that, in conjunction with the Townhomes at Library Park
P.D.P., Single Family Attached Dwellings be allowed at 220 East Olive Street located in
the Neighborhood Conservation Buffer, N-C-B, zone district. As designed and
documented by the accompanying P.D.P., the request would be for a maximum of ten
such dwellings to be divided into two separate five-plex structures and bisected by a
shared driveway serving five individual two -car garages.
2. Criteria for Additions of Permitted Use:
Sections 1.3.4(A) and (B) contain seven criteria by which to review the requests for
additions of permitted use. These criteria are summarized as follows:
• Such use would not be detrimental to the public good;
• Appropriate in the zone district to which it is added;
• Conforms to the basic characteristics of the zone and other permitted uses in
the zone district to which it is added;
• 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;
• Compatible with other listed permitted uses in the zone;
• Compliance with Section 3.5.1 (Compatible with Surrounding Area);
• Such use is not specifically listed as a "Prohibited Use" in the N-C-B.
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III
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W Obve St
W Magmila St
W Mulberry St
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E Mountain Ave
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E Oak St
E Olive St
E Mulberry St
Townhomes at Library Park
220 E. Olive Street
Addition of Permitted Use
Project Development Plan
Park
E Magwlia St
1 inch = 250 feet
K.
RECOMMENDATIONS:
Staff recommends approval of the request to allow Single Family Attached Dwellings at
220 East Olive, in the N-C-B zone district, as described on the accompanying P.D.P.
EXECUTIVE SUMMARY:
• The project complies with the East Side Neighborhood Plan.
• The project complies with the N-C-B standards with five exceptions.
• The P.D.P. complies with the applicable General Standards with one exception.
• Six Modifications of Standard have been reviewed and evaluated and
recommended for approval in compliance with the criteria of Section 2.8.2(H).
• A condition of approval is recommended that would require submittal of a signed
easement from the adjoining property owner to the north that grants to the
applicant ten feet of open space on the north side of the north property line.
• The P.D.P. depends upon approval of allowing Single Family Attached Dwellings
as an Addition of a Permitted Use in the N-C-M zone.
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: N-C-B; Existing 2 '/2 story multi -family building (Park View Apartments)
S: N-C-B; Existing parking lot for City Parking Services and D.M.A. Plaza
E: N-C-B; Community Creative Center (Former Museum) and Library Park
W: D; Existing mix of commercial and residential
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ITEM NO 5 - APU
MEETING DATE February 13, 2014
STAFF Shepard
PLANNING & ZONING BOARD
PROJECT: Townhomes at Library Park, Addition of Permitted Use and P.D.P.,
#PDP130033
APPLICANT: Mr. Brad Florin
Noco Townhomes, Inc.
c/o Kephart
2555 Walnut Street
Denver, CO 80205
OWNER: Olive Street Properties, Inc.
c/o Mr. Brad Florin
P.O. Box 270070
Fort Collins, CO 80527
PROJECT DESCRIPTION:
This is a request for an Addition of Permitted Use and P.D.P. for allow for ten Single
Family Attached Dwellings located at 220 East Olive Street at the northwest corner. of
East Olive Street and Mathews Street. This parcel is located in the Neighborhood
Conservation Buffer, N-C-B, zone district. The existing structure would be demolished.
The ten units would be divided into two, five-plex buildings bisected by a common
driveway. Six of the units would be four stories in height and four of the units would be
three stories. The number of parking spaces complies with the required minimum and
enclosed within ground -floor garages. The only access would be from the alley on the
west property line. The lot measures 90' x 140' for a total of 12,600 square feet.
The Addition of a Permitted Use is submitted in conjunction with the accompanying
P.D.P. This P.D.P. includes six Modifications of Standard relating to floor -to -area ratios,
setbacks, building height and driveway width.
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