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HomeMy WebLinkAbout412 E. PITKIN CHANGE OF USE - PDP - 21-06 - REPORTS - RECOMMENDATION/REPORT412 E. Pitkin Change of Use PDP, #21-06 Planning and Zoning Board Meeting September 21, 2006 Page 10 RECOMMENDATION: Staff recommends approval of the request for a modification to standard as set forth in Section 3.6.2(J)(2) — Design Construction Requirements for Public Alleys ("alley paving") of the LUC. Staff also recommends approval of the 412 E. Pitkin Change of Use Project Development Plan, #21-06. 412 E. Pitkin Change of Use PDP, #21-06 Planning and Zoning Board Meeting September 21, 2006 Page 9 FINDINGS OF FACT/CONCLUSIONS After reviewing the 412 E. Pitkin Change of Use - PDP, staff makes the following findings of fact and conclusions: The proposed land use is permitted in the NCM — Neighborhood Conservation Medium Density Zone District. 2. The Project Development Plan complies with all applicable standards contained in Division 4.7 — Neighborhood Conservation Medium Density Zoning District of ARTICLE 4 — DISTRICT STANDARDS of the Land Use Code. 3. The Project Development Plan complies with the intent and recommendations of the City's adopted East Side Neighborhood Plan. 4. The Project Development Plan complies with all applicable standards contained in ARTICLE 3 — GENERAL DEVELOPMENT STANDARDS of the Land Use Code, with the following exception: • the standard located in Section 3.6.2(J)(2) — Design Construction Requirements for Public Alleys ("alley paving") of ARTICLE 3 — GENERAL DEVELOPMENT STANDARDS. A request for a modification to the standard has been submitted for consideration. 5. Staff finds that the project as submitted, based on the land use and its contextual compatibility with the surrounding land uses, it is not detrimental to the public good. 6. Staff finds that the plan as submitted will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code. Staff has determined that the project will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way due to the fact that the proposed additional dwelling unit would have the same impact on the alley as a carriage house or habitable accessory building, both of which are permitted uses in this zoning district and are exempt from the alley paving standard. 412 E. Pitkin Change of Use PDP, #21-06 Planning and Zoning Board Meeting September 21, 2006 Page 8 (1) The granting of the requested modification would not be detrimental to the public good because the modification would result in the alley remaining the same as it exists and because attached residential units have no different impact than detached residential units provided that access characteristics remain the same. (2) The plan as submitted will not diverge substantially from the standards of the LUC because the nature and impact of the project will be exactly that of an alley or carriage house. Staff finds that the project, as submitted, based on the land use and its contextual compatibility with the surrounding land uses, is not detrimental to the public good: and, the plan as submitted will not diverge from the standards of the LUC except in a nominal, inconsequential way when considered from the perspective of the entire development plan. Staff has determined that the one additional dwelling unit is similar enough to a new carriage house or habitable accessory building and should not generate enough traffic impact to warrant alley improvements. Therefore, staff is recommending that the Planning and Zoning Board approve the request for a modification to the standard set forth in Section 3.6.2(J)(2) Design Construction Requirements for Public Alleys of the LUC. 4. East Side Neighborhood Plan This property is designated as a Neighborhood Preservation area by the East Side Neighborhood Plan. Changes of use are generally discouraged in this area, with the exception of churches, schools, public recreational uses, accessory uses, accessory dwelling units, single family homes and two-family, four -family or group homes, subject to site plan review. Changes of use may be deemed appropriate if it conforms to the surrounding neighborhood character, and can be shown to create no significant additional traffic, noise, or other land use conflicts which would be adverse to the existing neighborhood. This change of use proposal complies with the intent of this plan in that it is a permitted land use, will not create significant traffic or noise impacts, and conforms to the character of the surrounding neighborhood. 5. Neighborhood Meeting A neighborhood meeting was waived for this proposal per Section 2.2.2 of the LUC due to perceived minimal impact of the proposal. 412 E. Pitkin Change of Use PDP, #21-06 Planning and Zoning Board Meeting September 21, 2006 Page 7 project because of the similarity to the intent of the LUC as it relates to a detached alley house." As specified in Section 2.8.2 Modification Review Procedures, the Planning and Zoning Board may grant a modification of standards only if it finds the granting of the modification would not be detrimental to the public good; and that: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this LUC, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the LUC that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the LUC as contained in Section 1.2.2. The applicant's justification for the modification request is as follows: 412 E. Pitkin Change of Use PDP, #21-06 Planning and Zoning Board Meeting September 21, 2006 Page 6 is accessed by an entrance that opens onto a flagstone and concrete walkway that connects to and is not more than 200 feet from the street sidewalk. b. The proposal complies with Section 3.5.2(D)(2) Setback from Non - arterial Streets in that the building and porch are set back further than the required 15 feet from the street right-of-way. c. The proposal complies with Section 3.5.2(D)(2)(b) Off -Street Parking by providing a new off-street parking space accessible from the alley. The existing two -car garage and driveway are to remain. d. Private Open Space, as required in Section 3.5.2(D)(2)(c) for both units is provided in the rear yard and consists of patio area, raised garden planters, grass, and herb and flower gardens. e. The proposal provides adequate rear and side yard setbacks as required per Section 3.5.2(D)(3). E. Division 3.6, Transportation and Circulation a. The proposal satisfies all applicable requirements in Division 3.6, Transportation and Circulation, except for Section 3.6.2(J)(2) Design Construction Requirements for Public Alleys, which requires that: "All public alleys shall be constructed in conformance with the Larimer County Urban Area Street Standards as adopted by the City Council by ordinance or resolution, except those public alleys within the NCL, NCM and NCB zone districts that do not abut commercially zoned properties and that provide access only for carriage houses and habitable accessory buildings as such terms are described in Article 4." The applicant has submitted a request for modification to this standard to allow the alley improvements to be waived for this project. The applicant's request is as follows: "The 412 E. Pitkin Project Development Plan will result in a situation exactly the same as the carriage house/accessory building exception in Section 3.6.2(J)(2), with the lone exception that the additional residential unit is attached. The tenant entrance will face the alley, where parking will be provided in an existing garage and on a new slab. We are requesting that the alley improvements be waived for this 412 E. Pitkin Change of Use PDP, #21-06 Planning and Zoning Board Meeting September 21, 2006 Page 5 spaces are provided for the proposed two two -bedroom dwelling units. One parking space will be in the existing driveway, two spaces are provided in the existing garage off of the alley, and one new space will be provided with a concrete slab accessed from the alley. B. Division 3.3, Engineering Standards 1. Section 3.3.5, Engineering Design Standards The proposal complies with the design standards, requirements, and specifications for the services as set forth in this section. C. Division 3.4, Environmental, Natural, Recreational and Cultural Resource Protection Standards 1. Section 3.4.7, Historic and Cultural Resources Because this residence is older than 50 years, it was required to go through the Historic Preservation Demolition /Alteration Review process. The property was determined to not be qualified to be individually eligible for landmark designation, due to previous alterations to the building (most notably, the existing front porch/entryway). Because the building is not individually eligible for landmark designation, standards in this section of the LUC do not apply, and a hearing before the Landmark Preservation Commission is not required. D. Division 3.5, Building Standards 1. Section 3.5.1, Building and Project Compatibility The existing building and proposed addition are of similar mass, scale and architectural character to other residential buildings in the area. This property is not eligible for historic landmark designation. The proposed front porch will be designed to complement the existing architecture and materials and will mimic the character of similar features in the neighborhood. 2. Section 3.5.2, Residential Building Standards a. The proposal complies with Section 3.5.2(C)(1) Orientation to a Connecting Walkway in that the primary entrance to the first floor dwelling unit faces the adjacent street, and the basement dwelling unit 412 E. Pitkin Change of Use PDP, #21-06 Planning and Zoning Board Meeting September 21, 2006 Page 4 C. Division 4.7(D) Land Use Standards The proposal complies with all applicable Land Use Standards in this zoning district including density, minimum lot area and floor area ratio. D. Division 4.7(E) Dimensional Standards The proposal complies with minimum lot width, setback and height regulations for the NCM zoning district. E. Division 4.7(F) Development Standards The proposal complies with all building design, bulk and massing standards in this section of the LUC. 3. Article 3 of the Land Use Code — General Development Standards The Project Development Plan request complies with all applicable General Development Standards as follows: A. Division 3.2, Site Planning and Design Standards Section 3.2.1, Landscaping and Tree Protection a. The proposal complies with all applicable standards within Section 3.2.1 Landscaping and Tree Protection. Proposed landscaping includes buffalo grass, flower beds, raised garden planters, and fruit, herb and wildflower gardens. The existing street trees will remain and two new trees are proposed in the front yard. 2. Section 3.2.2, Access, Circulation and Parking a. The proposal complies with Section 3.2.2(D) in that it provides for safe, convenient, and efficient bicycle, pedestrian, and vehicular movement to and through the site. Vehicular access to the site will be provided by Pitkin Street and the rear alley, and parking will be provided off of the alley and on the existing driveway. A flagstone walkway will connect the building entrances to the street sidewalk and parking areas. b. The proposal complies with Section 3.2.2(K)(1) in that it provides a sufficient number of parking spaces. A minimum of 1.75 parking spaces are required per two bedroom dwelling unit. Four parking 412 E. Pitkin Change of Use PDP, #21-06 Planning and Zoning Board Meeting September 21, 2006 Page 3 W: NCM, NCL; existing single-family residential and the Old Fort Collins High School There is a mixture of owner -occupied and rental properties on the blocks surrounding the 412 E. Pitkin property. It should also be noted that many homes in the area have separate basement dwelling units, many of which are undocumented. The property was platted as Lot 16 of Block 15 of the Crafts Resubdivision in 1890. The existing residence was constructed in 1923. 2. Division 4.7 of the Land Use Code - Neighborhood Conservation Medium Density Zoninq District This change of use request complies will all applicable standards for the NCM zoning district as follows: A. Division 4.4(A) Purpose of the NCM District The purpose of 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." This proposal complies with the intent of the NCM District as it is a permitted land use which preserves the single-family nature of the existing structure and surrounding area, while providing a two-family use as permitted by the East Side Neighborhood Plan. B. Division 4A(B) Permitted Uses Two-family dwellings when structural additions or exterior alterations are made to an existing building are permitted in the NCM District and subject to Planning and Zoning Board review, provided that such two-family dwelling is located in a street -fronting principal building. The proposed two-family dwelling is located in the street -fronting principal building at 412 E. Pitkin. Exterior alterations include the replacement of the front entryway with a traditional front porch, and structural a 424 square foot addition. The proposed addition adds eight feet to the rear of the existing house and is one story with a basement. 412 E. Pitkin Change of Use PDP, #21-06 Planning and Zoning Board Meeting September 21, 2006 Page 2 3.5 — Building Standards, and Division 3.6 — Transportation and Circulation of ARTICLE 3 — GENERAL DEVELOPMENT STANDARDS; • the applicable district standards located in ARTICLE 4 — DISTRICT STANDARDS of the LUC (Division 4.7 NCM — Neighborhood Conservation Medium Density Zoning District) • and the general intent and recommendations of the East Side Neighborhood Plan. The Project Development Plan proposal does not comply with the following requirement of the LUC: • the standard located in Section 3.6.2(J)(2) — Design Construction Requirements for Public Alleys ("alley paving") of ARTICLE 3 — GENERAL DEVELOPMENT STANDARDS. A request for a modification to the standard has been submitted for consideration. Two-family dwelling units with structural additions and/or exterior alterations to the existing building are permitted in the NCM — Neighborhood Conservation Medium Density Zoning District, provided that such two-family dwelling is located within a street - fronting principal building, and subject to Type II (Planning and Zoning Board) review and approval. The NCM 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." This proposal complies with the purpose of the NCM District as it is a change of use that preserves and restores the character of the original dwelling in a low -density multi- family manner, as recommended by the East Side Neighborhood Plan. COMMENTS: Background The surrounding zoning and land uses are as follows: N: NCM; existing single-family residential S: NCL; existing single-family residential E: NCM; existing single-family residential ITEM NO. _5 MEETING DATE 9/? 1 /O6 iiA STAFF Shelby Sommer Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: 412 E. Pitkin Change of Use - Project Development Plan (PDP) - #21-06 APPLICANT: Straightedge Drafting & Design Phillip Sand 4115 Terry Lake Road Fort Collins, CO 8054 OWNER: Sarah Blasser 412 E. Pitkin Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request to convert an existing single-family residence located at 412 East Pitkin Street into a two-family dwelling. The proposal includes conversion of the existing unfinished basement into a legal dwelling unit, a 424 square foot addition to the north (rear) side of the house, remodeling of the existing front entryway to a front porch, a new paved parking space off of the alley and enhanced landscaping. The property is located on the north side of East Pitkin Street, east of Peterson Street and west of Whedbee Street, and is in the NCM Neighborhood Conservation Medium Density Zoning District. RECOMMENDATION: Approval EXECUTIVE SUMMARY: This Project Development Plan proposal complies with the applicable requirements of the 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 3.2 — Site Planning and Design Standards, Division 3.3 — Engineering Standards, Division 3.4 — Environmental, Natural, Recreational and Cultural Resource Protection Standards, Division COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750 PLANNING DEPARTMENT