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HomeMy WebLinkAboutLEMAY AVENUE ESTATES - MODIFICATION OF STANDARD - 37-04A - REPORTS - RECOMMENDATION/REPORTModification — Lemay Avenue Estates - PDP — Filing #37-04A April 25, 2005 Administrative Public Hearing Page 8 5. FINDINGS OF FACT/CONCLUSION: A. The requested Modification of the Standard in Subsection 4.1(D)(1)(b) of the Land Use Code for the Lemay Avenue Estates, PDP is subject to an Administrative (Type 1) review. B. Granting the requested modification would not be detrimental to the public good. C. The Modification of Standards Exhibit plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally as well as a plan which complies with the standard for which a modification is requested, as set forth in Section 2.8.2(H)(1) of the LUC. The alternative plan proposes that 8 of the 55 lots (15%) in the Lemay Avenue Estates development be less than the required 1/2 acre (21,780 square feet) minimum lot size in the UE District. The lots (12 through 18 & 20) would range in size from 0.41 acre (17,671 square feet) to 0.48 acre (20,724 square feet). They are located on the east side of the development along the Stanton Creek drainageway. The diminished lots sizes would enable the development to satisfy the 100' buffer area requirement along Stanton Creek, a tributary of Fossil Creek, without imposing a conservation easement on the lots. Therefore, any fencing could be along the rear property lines. Visually, with or without fencing on the buffer setback line, the lots would appear the same as lots satisfying the minimum lot size. D. This request is only for a modification of the specific standard in Subsection 4.1(D)(1)(b) of the LUC. The applicant has already submitted a PDP proposal for review by the City. The PDP is being reviewed, and a determination will be made, separate from this request for a modification of standard. However, it will be heard at the same administrative public hearing on April 25, 2005. 6. RECOMMENDATION: Staff recommends approval of the Modification of Standard in Subsection 4.1(D)(1)(b) of the Land Use Code (including the Modification of Standards Exhibit) for the Lemay Avenue Estates, Project Development Plan - #37-04A. Modification — Lemay Avenue Estates - PDP — Filing #37-04A April 25, 2005 Administrative Public Hearing Page 7 4. STAFF'S ANALYSIS OF MODIFICATION REQUEST Subsection 4.1(D)(1)(b) of the LUC sets forth the requirement that lot sizes shall be one- half (1/2) acre (21,780 square feet) or larger for dwellings that are not clustered in accordance with the standards set forth in Division 4.1. In reviewing the proposed alternative plan for purposes of determining whether it accomplishes the purposes of this section as required, Staff has determined that: ' Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the LUC. " The alternative plan as submitted (Modification of Standards Exhibit) will promote the general purpose of the standard for which the modification is requested equally as well as a plan which complies with the standard for which a modification is requested, as set forth in Section 2.8.2(H)(1) of the LUC. The Proposed Natural Resource Buffer Easement plan shows all 55 lots in the Lemay Avenue Estates development as meeting the minimum lot size of 1/2 acre (21,780 square feet) in the UE District. However, the proposed "natural resources buffer easement line" on this plan encroaches into Lots 12 through 18, Lot 20, and Lot 21. If this plan were to be approved then a conservation easement would be needed on these 9 lots. Any fencing on the rear portions of these lots would have to comply with Section 3.4.1(E)(1)(i) of the LUC. The alternative Modification of Standards Exhibit plan proposes that 8 of the 55 lots (15%) in the Lemay Avenue Estates development be less than the required 1/2 acre (21,780 square feet) minimum lot size in the UE District. The lots (12 through 18 & 20) would range in size from 0.41 acre (17,671 square feet) to 0.48 acre (20,724 square feet). They are located on the east side of the development along the Stanton Creek drainageway. The diminished lots sizes would enable the development to satisfy the 100' buffer area requirement along Stanton Creek, a tributary of Fossil Creek, without imposing a conservation easement on the lots. Therefore, any fencing could be along the rear property lines. Visually, with or without fencing on the buffer setback line, the lots would appear the same as lots satisfying the minimum lot size. The alternative plan represents the better and more equitable solution to the buffer area setback along Stanton Creek. Also, there are 16 lots of the 106 lots (15%) in the Greenstone development just to the east of Stanton Creek and this proposed development that are less than 1/2 acre in size. They range in size from 17,268 to 21,745 square feet. Greenstone is also in the UE District. Modification — Lemay Avenue Estates - PDP — Filing #37-04A April 25, 2005 Administrative Public Hearing Page 6 storm drainage, fire and emergency services, police, electricity, open space, recreation, and public parks; • This proposed alternative plan continues to avoid the inappropriate development of lands and provides for adequate drainage and reduction of flood damage; • This proposed.alternative plan continues to encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation by transitioning an in-between density between the Stanton Creek neighborhood to the north (more dense) of the site, and the Greenstone neighborhood to the east (less dense); • This proposed alternative plan continues to increase public access to sidewalks, trails, bicycle routes and other alternative modes of transportation by stubbing a trail connection to eventually connect to the City's regional trail system; • This proposed alternative plan continues to minimize the adverse environmental impacts of development through the provision of the natural features buffer along Stanton Creek; • This proposed alternative plan continues to improve the design, quality and character of new development by adhering to the building standards in section 3.5; • This proposed alternative plan continues to foster a more rational pattern of relationship among residential, business and industrial uses for the mutual benefit of all by adhering to the permitted uses in the zone district; • This proposed alternative plan continues to encourage the development of vacant properties within established areas; • This proposed alternative plan continues to ensure that development proposals are sensitive to the character of existing neighborhoods by developing like uses next to like uses; • This proposed alternative plan continues to ensure that development proposals are sensitive to natural areas and features by providing the natural features buffer along Stanton Creek. We look forward for the opportunity to explain our request in person and/or answer any questions you may have about the request. Modification — Lemay Avenue Estates - PDP — Filing #37-04A April 25, 2005 Administrative Public Hearing Page 5 This proposed alternative plan does not detract in any way from satisfying this purpose. The development allows a transition from the Stanton Creek neighborhood to the north and the Greenstone neighborhood to the east. Greenstone is also zoned Urban Estate. Between Greenstone PUD First through Third Filings there are 15 lots (out of a total of 106) that are under a half acre, ranging in size from 16,399 square feet to 21,745 square feet. Clearly the proposed modification to reduce the minimum lot size on 8 of our lots does not affect the plan's ability to continue to satisfy the purpose and intent of the Land Use Code. Suggested Findings. a) The granting of the modification would not be detrimental to the public good because there's no physical difference on how the lots would be fenced (or how the lots would visually appear) between the proposed alternative plan and a plan that meets the code. The only difference is on paper. b) 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, because, again, there's no physical difference on how the lots would be fenced (or how the lots would visually appear) between the proposed alternative plan and a plan that meets the code. The only difference is on paper. c) The granting of the modification will not affect the plan's ability to improve and protect the public health, safety and welfare (as contained in Section 1.2.2) because: • This proposed alternative plan continues to be consistent with the Land Use Code, City Plan and its adopted components, including but, not limited to the Structure Plan, Principles and Policies and associated sub- area plans; • This proposed alternative plan continues to encourage innovations in land development by allowing a creative way to obtain the requested natural feature buffer; • This proposed alternative plan continues to foster the safe, efficient and economic use of the land, the city's transportation infrastructure, and other public facilities and services by allowing the existence of the natural feature buffer to happen without affecting the number of lots allowed in the development; • This proposed alternative plan continues to facilitate and ensure the provision of adequate public facilities and services such as transportation (streets, bicycle routes, sidewalks and mass transit), water, wastewater, Modification — Lemay Avenue Estates - PDP — Filing #37-04A April 25, 2005 Administrative Public Hearing Page 4 works from the City's perspective. The preference of the development team is to keep the same number of lots while allowing the buffer to be located in a separate open space tract, rather than having natural buffer easements on each lot. The development team therefore requests a modification of standards to allow those lots abutting the creek to be smaller than the required minimum '/z acre lot sizes. This modification is requested in accordance with the review procedures set forth in Section 2.8.1(H) of the Land Use Code as follows: Modification to Section 4.1(D)(1)(b) Code Language. Section 4.1(D)(1)(b) of the Land Use Code states the following: "(b) Lot sizes shall be one-half ('/2) acre or larger for dwellings that are not clustered in accordance with the standards set forth in this Division." Requested Modification. We request the following minimum lot sizes to be reduced from a minimum % acre (21,780 square feet) to the following sizes: Lot Number Proposed Square Footage Lot 12 18,823 s.f. Lot 13 18,357 s.f. Lot 14 19,183 s.f. Lot 15 17,671 s.f. Lot 16 17,792 s.f. Lot 17 20,541 s.f. Lot 18 20,724 s.f. Lot 20 19,690 s.f. Our Logic. The difference between the proposed alternative plan and a plan that meets the code is very subtle. Upon development of the affected lots, in either scenario, the area within the natural features buffer will be fenced off from the yard areas of the lots. The only difference is whether this natural features buffer is all one tract, or if portions of it are made up of easements across the back of several lots. We feel that the difference is inconsequential. As described in the purpose statement in 4.1 of the LUC, the Urban Estate zone district "is intended to be a setting for a predominance of low -density and large -lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands." Modification — Lemay Avenue Estates - PDP — Filing #37-04A April 25, 2005 Administrative Public Hearing Page 3 (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, 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 Land Use Code 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 Land Use Code as contained in Section 1.2.2." The applicant has proposed that the modification of the standard would not be detrimental to the public good and that it meets the requirements of Section 2.8.2(H)(4) of the LUC. 3. APPLICANT'S REQUEST (in Times New Roman font) Please accept this request for a Modification of Standards to Section 4.1(13)(1)(b) of the Land Use Code. Background The Lemay Avenue Estates PDP is a proposed single family housing development in the Urban Estate zone district. The development abuts Stanton Creek, which is a tributary of Fossil Creek, and therefore requires a 100 foot natural features buffer along the creek. The core issue of this modification revolves around whether it would be more desirable to have this natural features buffer in a tract outside lots, or whether it would be more desirable to designate a small portion of the lots (that abut the creek) as a natural features buffer easement. It is our understanding, after talking to Doug Moore of Natural Resources and Steve Olt of Current Planning, that either scenario Modification — Lemay Avenue Estates - PDP — Filing #37-04A April 25, 2005 Administrative Public Hearing Page 2 City, which will be discussed in front of the Administrative Hearing Officer at the same public hearing meeting on April 25, 2005. COMMENTS 1. BACKGROUND The surrounding zoning and land uses are as follows: N: LMN in the City of Fort Collins; E: UE in the City of Fort Collins; S: UE in the City of Fort Collins; W: LMN in the City of Fort Collins; existing residential (Stanton Creek) existing residential (Greenstone) existing large acreage residential existing residential (Provincetowne) The property was annexed as part of the Graese Acres Annexation in August, 1984. The property has not previously been subdivided or planned. 2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS This request is for a modification of a standard in the following section of the LUC: Section 4.1(D) - Land Use Standards, Subsection 4.1(D)(1)(b), regarding minimum lot sizes, states: "Lot sizes shall be one-half (1/2) acre or larger for dwellings that are not clustered in accordance with the standards set forth in this Division." The Applicant has submitted a PDP request for the Lemay Avenue Estates. It contains 55 lots for single-family detached dwellings. To minimize encroachment of lots into the required buffer area for Stanton Creek, the Applicant has submitted a request for a Modification of Standard to Section 4.1(D)(1)(b), including a Modification of Standards Exhibit, that would allow 8 lots to be slightly smaller than 1/2 acre (21,780 square feet). They would range in size from 0.41 acre (17,671 square feet) to 0.48 acre (20,724 square feet). As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Planning and Zoning Board may grant a modification of standards only if it finds that 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 _ ITEM NO. MEETING DATE 25 ACj STAFF_ e�,'JT'..U1E: O L ':r ism Citv of Fort Collins HEARING OFFICER STAFF REPORT PROJECT: Lemay Avenue Estates, PDP - Modification of Standard - #37-04A APPLICANT: Everitt Companies c/o Stan Everitt 3030 South College Avenue Fort Collins, Colorado 80525 OWNER: Lemay Avenue Estates LLC c/o Stan Everitt 3030 South College Avenue Fort Collins, Colorado 80525 PROJECT DESCRIPTION: This is a request for a modification of the standard set forth in Section 4.1(D) - Land Use Standards of the Land Use Code (LUC), more specifically Subsection 4.1(D)(1)(b) regarding minimum lot sizes. There is a Project Development Plan (PDP) request for 55 single-family residential lots on 48.5 acres. The property is located on the east side of South Lemay Avenue just south of the existing Stanton Creek development. Primary access to the development site is to be from South Lemay Avenue, with a second point of access via Stanton Creek Drive to the north (in the Stanton Creek development). The property is zoned UE, Urban Estate District in the City of Fort Collins. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The Applicant has submitted an application with a request for a modification of the standard as set forth in Section 4.1(D) - Land Use Standards, Subsection 4.1(D)(1)(b) of the LUC regarding minimum lot sizes. This subsection sets forth the requirement that: • Lot sizes shall be one-half (1/2) acre or larger for dwellings that are not clustered in accordance with the standards set forth in this Division. This application for a modification of the standard requests that the Administrative Hearing Officer determine if the modification request meets the intent of the LUC. This request is only for a modification of the specific standard in Subsection 4.1(D)(1)(b) of the LUC. The Applicant has also submitted a PDP proposal for an Administrative (Type 1) Review by the COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO80522-0580 (970) 221-6750 PLANNING DEPARTMENT