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Home My WebLink About1310 LAPORTE AVENUE - MODIFICATION OF STANDARD - 35-04 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTAfCAM.PiF d i'E WIT b . wa, tx. QT i L11, 4 L �. rsua 1 - -_ a542V dgUme feet 5805.60 vqR . IMt I (bYl=L�i1y GY) ' •�I I (AYa P/�G YSCVtkM1a �l I�y NEW 1.5 STORY HOUSE _ NEW SARkOE 1 LOT NEW ,.. STORr HOUSE I.76 is u9re fret T " `°"° M6 I Pf( fiZVi:EI' A i%F,_%VI. F,' NEW GARAGE -r\ re - ----- I I LC1 _.._ > n NEW GARAGE •f z �:J'f 2, --��. NEW 1.5 SiGRY HOUSE ., S`�� SO�RNi IYIIB A ' SIEO AF1'IIFNeipN "Ki till A_ _ r9: Eik UE I -A A -[T- 7538.1 ag uora feat NEW 1.4 STORY HOUSE F.V IIIIEW G7ARAGE - - - - - - - - - - - - - - E LOT 2 7516.8 Vua feet u_ 1L LC; T- 803.2 !wj NEW 1.5 57ORY HOUSE - - - - - - - - - - -- 6325 9164 6436 6045 6547 6055 . . . . . . . ... 6585 f6134 6025 _6127 6058 6052 LELAND AVENUE co co r rn cc ' 1 M CIO I m 10 CN c� tu 0 6419 ul c--otj > 00 F- Lu uj uj to 0 �8464 U)6668 0z 8600 6584 8487 6716 8300 6566 8431 ---j LAPORTE AVENUE IR � t cl fl9l 8 CIO 8261 JUNIPER COURT • Efficient and economic use of the land, the City's transportation infrastructure, and other public facilities are achieved because this site puts new residences in the heart of the City, where there are already public facilities to serve those residences; • There are already adequate public facilities serving the project; • Inappropriate development of lands will be avoided by directing development to an appropriate location, and adequate drainage will be provided. • The pattern of land use of this project will reduce trip lengths because it will allow more residential units to be located near downtown and campus, which are both frequent automobile trip destinations. • The project will locate additional dwellings within walking distance of the Transfort bus route, and within and already established bicycle and pedestrian network of street sidewalks and on street bike lanes. • Providing additional dwellings in this location will reduce energy consumption by allowing new dwelling units to be located nearer to destinations, thereby reducing the trip lengths. • Providing this development where there are no known environmental issues; allows development to minimuze adverse invironmental impacts. • Providing additional dwellings in this location will foster a rational pattern of relationship among residential, business; and industrial uses for the mutual benefit of all because it is within walking distance of nearby businesses, and within a short commute of industrial uses. • This project is similar to developing on vacant land because it creates additional lots out of portions of a larger lot that is not currently built on. ® The development is sensitive to the character of the existing neighborhood because the new lot size is similar and consistent with much of the surrounding neighborhood. • The development is sensitive to natural areas and features because it is located far from either, thereby having no impact on them. Thank you for your consideration of this modification request. Sin erely, T ro W. nes A.I. .P., A. IT. P0!. T rger.en Arch ects standards, however, the be loss of $80,000 in value to the project far exceeds any"rough proportionality' between the City's interest, and the impacts of the development. We argue that in this case; because there is no proportional nexus, a required donation of land to this magnitude is a taking. If a modification is granted, there would be a rough proportionality between the City's interest, and the impacts of the development in that the City would get the right-of-way it needs, without exceeding the "rough proportionality" test as established in Dolan v. City of Tigard. Requested Modification. We think it is only fair to be allowed to compute the lot size measurements with regard to density calculations prior to any additional right-of-way dedications. Essentially; what we request is permission to reduce the minimum lot size of lot 1 from 6,000 to 5,805 square feet, lot 2 from 6,000 to 5,866 square feet, lot 3 from 6,000 to 5;897 square feet; and lot 4 from 6,000 to 5,588 square feet. Review Criteria. This modification is requested in accordance with the review procedures set forth in Section 2.8.2(H) of the Land Use Code as follows: The granting of the modification would not be detrimental to the public good, because by granting the modification, the development is viable, which in turn allows the development to proceed, and would therefore provide the additional street right-of-way witdths that the City wants for Laporte Avenue, McKinley Avenue and Leland Aveunue. Without the modification, the development is not ,;;ahlp anr: iq not likPhr to nroceed, therefore. the additional riqht-of-way won't be aquired by the City. 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 -) the entire development plan. The only reason the lots are proposed to be crnaiiar than ntha1-XA11cP rvrn HrPH 1c hpr. 4i i�P tha nrnnPity nwmar is emnnn Innri to the City for potential future street 'widening projects. None of the streets that will be gaining right-of-way width from this development are proposed to be widened any time in the foreseeable future, and therefore deviation from the standard is inconsequential. U. v;11 Onti., un to a A, rl ;anCe the purposes of the Land Use CQCodee. -as i.. contained in Section 1.2.2 because: • The development will be consistent with City Plan and its adopted components, in that it develops in an infill location rather than sprawling to the edge of the community; Q The development will encourage innovations in land development and renewal by efficiently using space while providing quality architectural design; 3 Vile have attached 3 diagrams. A site plan reflecting the modification request, a site plan that conforms to code, and a context map that shows other lots in the vicinity that are also less than 6000 square feet. As exemplified by the context map, lots that are less than 6000 square feet are a frequent occurrence in this neighborhood within this zone district. Allowing the modification would not create an occurrence that is different than what already frequently exists in the neighborhood. One point neighbors brought up in the. neighborhood meeting is that the small lots throughout the neighborhood have small houses on them, not big houses. We propose to make the massing of the houses on this project sensitive to that issue, so we propose to voluntarily restrict the height of any buildings on these lots to 1.5 stories. Another point that must be considered is that the requirement for the project to donate land for additional street right-of-way., in this case, is a taking. Whenever local jurisdictions impose conditions on land use permits, they must be aware of constitutional limits, particularly the "nexus" and "proportionality` requirements of the Fifth Amendment's takings clause. According to the U.S. Supreme Court, while local governments can place conditions on land use permits, the Constitution requires a "nexus" between the permit conditions and a legitimate regulatory interest. A "nexus" exists where the permit conditions are connected to and further the regulatory interest. Even if there is a "nexus" between the conditions and the regulatory interest, the Constitution also requires that the permit conditions be "roughly proportional" to the projected impacts of the land use development. "Proportionality" does not require a precise mathematical calculation, but jurisdictions 'must make some sort of individualized determination that the required [condition] is related both in nature and extent to the impact of the proposed development." The "nexus" requirement was established in Nollan v. California Coastal Commission, 483 U.S. 825 (1987). In Nollan, the United States Supreme Court held that permit conditions must be sufficiently related to the government's regulatory interests. The Court added the "proportionality" requirement in Dolan v. City of Tigard, 512 U.S. 374 (1994). In Liolan, the Court held that when governments impose permit conditions, there must be "rough proportionality" between the condition's requirements and the impacts of the development. Although the City has traditionally required property owners (as part of the development approval process) to dedicate additional right-of-way to bring street widths up to current Fort Collins street standards for streets adjacent to developments, in this case we argue that there is no rnrnpmiinnal nexi_i.s hehAIPPn the value of the reduction in allo\n/efl development intensify, and the impacts this development would cause. The loss of the land to the wider street right of way, in this case, reduces the number of lots that are allowed by code, from four to three. Generally speaking, buildable lots in this neighborhood are conservatively worth around $80,000 each. T he value of the taking is thus approximately $80,000. There is clearly a nexus, in that the City .as a regulatory interest in obtaining enough right-of-way to meet current street Administrative Hearing Officer Current Planning Department 281 N. College Ave. Fort Collins, CO 80525 September 15, 2004 Re: Request for Modification of Standards to Section 4.6(D)(1) of the LUC This letter is intended to formally request a modification to Section 4.6(D)(1) of the Land Use Code regarding the minimum lot size in the NCL zone district. Code Language. Section 3.8.19 (B) of the Land Use Code states the following: "Density. Minimum lot area shall be equivalent to at least three (3) times the total floor area of the building(s), but not less than six thousand (6,000) square feet. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7'/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density)." Background Information. The site has street frontage on three sides. On the south, it abuts LaPorte Avenue, on the west, it abuts McKinley Avenue, and on the north, it abuts Leland Avenue. The gross area of the site is 24,031 square feet, however, in order to approve the project, the City requires an additional right-of-way dedication along all three abutting streets. Prior to any land being dedicated to the City for additional requested right-of-way, the site consists of just enough land to make 4 lots. Although the City is not planning to widen any of the 3 abutting streets anytime within the foreseeable future, the additional street right-of-way will be required to be dedicated as part of this development. The property owner is willing to dedicate the additional right-of-way, however requests that he not be penalized by doing so. 223 N. CDLA e.c11✓ N It n,le flair Fort Collins, C0 80524 970.416.7431 1.888.416.7431 fox: 970.416.7435 Email: mikal@orchllex.com hftp://wwxrorchlfex.com