HomeMy WebLinkAboutSWIFT ADDITION TO FOSSIL LAKE P.U.D. MODIFICATION OF STANDARDS - COUNTY REFERRAL - 33-01H - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSone-half (%) acre or larger.
b. Dimensional standards.
(1) Minimum lot width shall be one hundred (100) feet.
(2) Mipimum depth of the front yard shall be thirty (30) feet.
(3) Minimum depth of the rear yard shall be twenty-five (25) feet.
(4) Minimum side yard width shall be twenty (20) feet.
Maximum building height shall be three (3) stories.
5. Development Standards.
a. Street Connectivity and Design. The following standards shall apply
to all development in the Estate Residential Area:
(1) To the maximum extent feasible, streets shall be designed to
minimize the amount of site disturbance caused by roadways
and associated grading required for their construction.
(2) Development in this Area shall be exempt from the Street
Pattern and Connectivity Standards.
F. Mixed -Use Neighborhood Area Regulations. Development plans for property that
is located in the area identified in the Fossil Creek Reservoir Area Plan as
"Mixed -Use Neighborhood" shall conform to the following additional regulations:
Purpose. The Mixed -Use Neighborhood Area is intended to be a setting for
a predominance of low density housing combined with complementary and
supporting land uses that serve a neighborhood and are developed and
operated in harmony with the residential characteristics of a neighborhood.
The main purpose of the Area is to meet a wide range of needs of everyday
living in neighborhoods that include a variety of housing choices, that invite
walking to gathering places, services and conveniences, and that are fully
integrated into the larger community. A neighborhood center provides a focal
point, and attractive walking and biking paths invite residents to enjoy the
center as well as the small neighborhood parks. Any new development in this
area shall be arranged to form part of an individual neighborhood.
I-4
(3) Cemeteries.
(4) Public and private schools for elementary, intermediate, and
high school education.
(5) Places of worship or assembly.
(6) Qolf courses.
C. Commercial/Retail Uses:
(1) Child care centers.
(2) Bed and breakfast establishments with no more than six (6)
beds.
(3) Plant nurseries and greenhouses.
(4) Animal boarding (limited to farm/large animals).
d. Industrial Uses:
(1). Resource extraction, processes, and sales.
e. Accessory/Miscellaneous Uses:
(1) Farm animals.
(2) Accessory uses.
(3) Accessory buildings.
3. Prohibited Uses. All uses that are not expressly allowed in this Section shall
be prohibited including "special review uses" which would otherwise have
been allowed in the FA-1 Zone District.
4. Land Use Standards.
a. Density/Intensity. All development shall meet the following
requirements:
(1) Net residential density shall range from one half (:5) to two
(2) dwelling units per net acre.
I-3
D. Minor Residential Developments. Proposals for Minor Residential Developments
shall not be accepted or approved for lands located in the Fossil Creek Reservoir
Area.
E. Estate ResidentialArea Regulations. Development plans for property that is located
in the area identified in the Fossil Creek Reservoir Area Plan as "Estate Residential"
shall conform to the following additional regulations:
Purpose. The Estate Residential Area is intended to be a setting for a
predominance of low -density and large -lot housing. The main purpose of this
area is 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.
2. Uses. Development plans may be submitted only for the following uses in
the Estate Residential Area as shown on the Fossil Creek Reservoir Area
Plan:
a. Residential Uses:
(1) Single-family detached dwellings.
(2) State licensed group homes for no more than eight
developmentally disable persons, provided such home is not
located within seven hundred fifty (750) feet of another such
home.
(3) Owner occupied or non-profit group homes for the exclusive
use of not more than eight persons sixty (60) years of age or
older, provided such home is not located within seven
hundred fifty (750) feet of another such home.
(4) Two-family dwellings.
(5) Single-family attached dwellings.
b. Institutional/Civic/Public Uses:
(1) Public facilities.
(2) Parks, recreation and other open lands.
1-2
Larimer
Land Use Code
If a modification is approved it shall be controlling for the successively,
timely filed, development applications for that particular develop-
ment proposal only to the extent that is modified the standard
pertaining to such plan. All modifications which apply to a develop-
ment plan which has not been filed at the time of the granting of the
modification shall be valid for a period of time not to exceed one
year following the determination of the County Commissioners of
the request for the proposed modification.
November 22, 1999
4-43
Larimer County Land Use Code
2. The alternative plan, as submitted, will advance or protect the
public interests and purposes of the standard for which modifi-
cation is requested, equally well or better than a plan that
complies with the standards for which modification is re-
quested. In ascertaining the "public interests and purposes of
the standards" the County Commissioners shall give great
weight to:
,a. The recommendation of the municipality;
b. The specific language of the standard, taken in the context
of the regulation in which the standard is contained and in
the context of the applicable provisions of the municipality's
comprehensive plan; and
c. The willingness and agreement of the municipality to annex
the subject area.
A modification shall be processed and reviewed concurrently with the
development application to which it applies. A modification may be
processed separately from such development application only if
the County Planning Director in his/her sole discretion determines
there is adequate information to allow the modification to be evalu-
ated separately from the development application.
Applicants seeking a modification shall file a written request with the
County Planning Director. The County Planning Director shall refer
the application to the Planning Director of the municipality. The
municipality shall provide a recommendation to the County within
21 days of receipt of the request. The Larimer County Planning
Commission or other recommending board, per the applicable
intergovernmental agreement, and the County Commissioners
shall hear the request in the public hearings set for the develop-
ment application. If the County Planning Director has authorized
the modification request to be processed separately from the
development application, the applicable recommending board shall
hear the request at the next available public hearing as determined
by the Planning Director after receipt of the recommendation of the
municipality, and the County Commissioners shall hear the re-
quest at a public hearing no later than 21 days after receipt of the
recommendation from the applicable recommending board.
At the hearing, the County Commissioners shall consider relevant
information presented by the applicant, the municipality and inter-
ested members of the public. Based on the information, the
County Commissioners may grant the modification or grant the
modification with conditions in accordance with the criteria con-
tained in this Section or deny the modification.
`4-4z November 22. 1999
Larimer County Lan( 'se Code
7. The County shall not accept any applications for Special
Exceptions in any GMA District.
8. All division of land to create new lots in GMA Districts shall be
submitted and processed as Planned Land Divisions (Subsec-
tion 5.2), Minor Land Divisions (Subsection 5.4) or Rural
Land Plans (Subsection 5.8).
9. Prior to final approval of an Rezoning, Special Review, Site
Plan Review (Section 6), Planned Land Division, Minor Land
Division or Rural Land Plan, the property owner shall provide a
binding agreement for annexation. The agreement shall be in a
form approved by the County and shall include a Power of
Attorney authorizing the City or Town Clerk to execute and file
annexation petitions and maps, and shall state that the property
owner agrees to submit to the applicable municipality a petition
for voluntary annexation at such time as the property becomes
eligible for annexation according to state annexation laws.
Such agreement shall be signed by the owner of the property,
shall run with the land and shall be recorded in the Office of the
Clerk and Recorder of Larimer County with a copy forwarded
to the applicable municipality.
10. The County shall submit, to the applicable municipality for
review and comment, all proposals for Rezoning, Special
Review, Minor Land Division, Planned Land Division and Rural
Land Plan within the applicable GMA District. The County shall
afford the municipality 21 days from the date of transmittal of
rL.k the referral to provide written comments.
E. Modifications of Development Standards Required by
Supplementary Regulations.
Development standards in Supplementary Regulations to the GMA
District may be modified if agreed upon in writing by the Developer,
County Commissioners and the municipality. For proposed
modifications not agreed to by the applicable municipality, the
County Commissioners may grant such modifications only in
exceptional circumstances and only if they find that granting the
modification will not be detrimental to the public good and that:
1. By reason of exceptional physical conditions or other extraordi-
nary and exceptional situations unique to such property, includ-
ing but not limited to, physical conditions such as exceptional
narrowness, shallowness or topography, the strict application
of the standard sought to be modified would result in unusual
and exceptional practical difficulties, or exceptional and undue
hardship upon the owner of the affected property, provided
such difficulties or hardship are not caused by the act or
omission of the applicant; or
November 22, 1999 4-41
Origin
Propc
Propc
Setba
80' Ec
Setba
Lot Number
Amendment Type See an Sheet for Descri tion
1
2
3
4
21
yes
22
yes
23
yes
24
yes
yes
25
yes
yes
26
yes
27
yes
yes
28
yes
yes
29
yes
yes
30
yes
yes
31
yes
yes
32
yes
yes
33
yes
34
yes
yes
35
yes
yes
36
yes
37
yes
38
yes
yes
39
yes
40
yes
41
yes
yes
42
yes
yes
yes
43
yes
yes
yes
44
yes
45
yes
46
yes
47
yes
48
yes
49
yes
50
yes
yes
51
yes
yes
52
yes
53
yes
54
yes
55
yes
56
yes
57
yes
58
yes
yes
3. A REDUCTION OF THE 100' MINIMUM LOT WIDTH EQUIVALENT TO AN
80' LOT WIDTH EQUIVALENT. DUE TO THE CREATIVE PLANNING OF
THE SWIFT ADDITION PLAN THERE ARE SEVERAL CUL-DE-SAC LOTS
THAT HAVE BEEN FORMED. MANY OF THESE CUL-DE-SAC LOT;:
ARE NARROWER THAN 100' AT THE STREET. TO MEET THE 100'
LOT WIDTH EQUIVALENT THE BUILDING ENVELOPES ARE PUSHED
INTO THE LOT SIGNIFICANTLY WHICH WOULD REQUIRE A LONG
DRIVEWAY TO ALLOW ACCESS TO A GARAGE WITHIN THE BUILDING
ENVELOPE. IT 1S OUR POSITION THAT AN 80' LOT WIDTH
EQUIVALENT WOULD STILL PROVIDE A SUBSTANTIAL FRONT SETBACK
BUT WOULD ALLOW THE DEVELOPMENT OF THESE LOTS WITHOUT
THE EXTENSIVE DRIVEWAYS THAT WOULD OTHERWISE BE REQUIRED.
4. A REVISION TO LOTS 27 AND 28. THESE LOTS HAVE BEEN
DESIGNED WITH THE PRELIMINARY AND FINAL PLAT TO MEET THE
STANDARD SETBACK REQUIREMENTS. IF THE PROPOSED
AMENDMENTS ARE ALLOWED WE PROPOSE THAT THESE TWO LOTS
BE RECONFIGURED AS INDICATED ON THE PLAN. BOTH LOTS ARE
1 /2 ACRE OR LARGER AS REQUIRED.
Purpose of the proposed Amended P.U.D.:
THE PURPOSE OF THIS PROPOSED AMENDED PUD IS TO ADDRESS SITE
SPECIFIC CONCERNS R:-GARDING THE STANDARD SETBACKS FOR ESTATE
LOTS AS DEFINED BY THE LARIMER COUNTY LAND USE CODE AND THE
SUPPLEMENTAL REGULATIONS TO THE LARIMER COUNTY LAND USE CODE.
Standard Setbacks and Lot Width Requirement:
THE STANDARD SETBACKS FOR ESTATE LOTS ARE:
30' FRONT
20' SIDE
25' REAR
ADDITIONALLY THERE IS A 100' MINIMUM LOT WIDTH REQUIREMENT. FOR
CUL-DE-SAC LOTS WHICH AT THE STREET ARE NOT 100' WIDE THE FRONT
YARD SETBACK SHALL BE PLACED AT A POINT ON THE LOT WHERE THE
WIDTH. OF THE LOT IS EQUIVALENT TO A 100' WIDTH.
Proposed Amendments:
PLEASE SEE THE PLAN FOR A GRAPHICAL DESCRIPTION OF THE PROPOSED
AMENDMENTS.
THESE PROPOSED AMENDMENTS DO NOT AFFECT THE OVERALL
ENGINEERING, PLANNIN(37, OR LANDSCAPING OF THE SWIFT ADDITION. IF
THESE AMENDMENTS ARE APPROVED THE FINAL PLAT SUBMITTALS FOR THE
SWIFT ADDITION WILL EE MODIFIED TO ACCOMMODATE THESE CHANGES.
THE SIDE SETBACK REQUIREMENT BETWEEN LOTS WOULD BE
REDUCED FROM 20' TO 15'. THIS WOULD MAINTAIN A 30' CLEAR
AREA BETWEEN BUILDING ENVELOPES. AS A PART OF THIS
REQUEST WE WOULD PLACE A RESTRICTION ON THESE LOTS THAT
WOULD NOT ALLOW PERIMETER FENCING. FENCING WOULD BE NOT
BE ALLOWED TO EXTEND PAST THE SIDES OF THE HOUSE AND
WOULD BE RESTRICTED TO THE BUILDING ENVELOPE AREA IN THE
REAR OF THE HOUSE. BY NOT ALLOWING FENCING TO ENCROACH
THIS SIDE SETBACK AREA WOULD BE KEPT OPEN TO ACHIEVE THE
OPEN CHARACTER THAT IS DESIRED.
IT IS OUR POSITION THAT THE INTENT OF THE 20' SIDE SETBACK
WOULD BE MET WITH THE 15' SIDE SETBACK AND FENCING
RESTRICTIONS.
2. THE SIDE SETBACK REQUIREMENT FOR SIDES OF LOTS THAT ARE
ADJACENT TO GREENBELTS WOULD BE REDUCED TO 7 5' THE
INTENT OF MAINTAINING AN OPEN CHARACTER BETWEEN ESTATE
LOTS WITH LARGE SIDE SETBACKS WOULD BE PROVIDED BY THE
GREENBELT. THESE GREENBELTS CREATE A MUCH LARGER
SETBACK BETWEEN BUILDING ENVELOPES THAN WOULD NORMALLY
BE ACHIEVED WITH THE 20' SIDE SETBACK.
The Amended Preliminary Plat contains fewer overall lots (Original - 130 lots, Amended - 116
lots) and fewer estate lots (Original - 46 lots, Amended - 38 lots) than the original Preliminary
Plat. The estate area in the Amended Plat incorporates significantly more open space than the
original Preliminary Plat (Original - 1.4 Acres, Amended 4.3 Acres). This open space creates a
buffer between the residential lots and the resource -management area to the south which will be
owned and managed by the Homeowner's Association. This buffer area will have screening
plantings which will help buffer the sensitive wildlife habitat in the resource management area
from the impacts of the residential area.
We recognize that there have been significant changes made to the Swift Addition to Fossil
Lake PUD from the original preliminary plat. It is our position that the changes made to the plan
have greatly improved the plan, and that the new plan protects the public interests better than
the original plan.
It is our position that the requests before you to allow these proposed setbacks needs to be
viewed in context of the entire plan. When viewed in contrast with the original plan it becomes
clear that these setbacks, in conjunction with the quality planning of the overall project creates a
plan that has more open space, is more aesthetically appealing, has better pedestrian
connectivity, provides a better buffer between sensitive habitat and residential uses, and will
advance and protect the public interests and intentions of the standard more greatly than the
plan which complies with the standards.
Please let me know if you have any questions, or if you need any additional information.
Sincerely,
Jim Bir
Planner/Landscape Architect
Original Swift Addition Preliminary Plat
Amended Swift Addition Preliminary. Plat
It is our position that the proposed 7.5' side setback for lots adjacent to
greenbelts will advance or protect the public interests and purposes of the
standard equally well or better than a plan that complies with the 20' side setback
standard.
3. A reduction of the 100' minimum lot width equivalent to an 80' lot width
equivalent.
Justification for request:
Due to the creative planning of the Swift Addition plan there are several cul-de-
sac lots that have been formed. Many of these cul-de-sac lots are narrower than
1 00'at the street. To meet the 100' lot width equivalent the building envelopes
are pushed into the lots significantly which would require a long driveway to allow
access to the garage, which would be located within the building envelope.
Because of the need for a longer driveway, more of the front yard of these lots
would be used as driveway. Additionally, this enlarged front setback would push
the house further back on the lot, which would reduce the usable open space in
the rear yard. The intent of the regulation is to create a more open feel, however
the result is less open space and more paving.
It is our position that the proposed 80' lot width equivalent for cul-de-sac lots will
advance or protect the public interests and purposes of the standard equally well
or better than a plan that complies with the 100' lot width equivalent.
4. A revision to Lots 27 and 28.
Justification for request:
These lots have been designed with the preliminary and final plat to meet the
standard setback requirements. If the proposed setbacks are allowed we
propose that these two lots be reconfigured as indicated on the plan.
Please see the plan for the specific changes that are being requested. Also, please see the
reduced plans of both the original Preliminary Plat as well as the Amended Preliminary Plat on
the next page.
I
July 15, 2002 RM
COMPANIES
Troy Jones
Fort Collins Current Planning Department
281 North College Avenue
Fort Collins, CO 80522
Re: Swift Addition to Fossil Lake PUD
Justification for Modification of Estate Lot Setback Requirements
Dear Troy:
We are requesting a modification to the Estate Lot Setback Requirements for the Swift Addition
to Fossil Lake PUD.
The standard side yard setbacks for Estate Lots as described in the Supplemental Regulations
to the Larimer County Land Use Code are:
30' Front Setback
20' Side Setback
25' Rear Setback
Additionally there is a 100' minimum lot width requirement. For cul-de-sac lots, which at
the street are not 100' wide the front yard setback shall be placed at a point on the lot
where the width of the lot is equivalent to a 100' width.
Our requests include the following amendments to the standards:
1. The Side Setback reouirement between lots would be reduced from 20' to 15'
Justification for request:
The 15' side setback would maintain a 30' clear area between building
envelopes. As a part of this request we would place a restriction on these lots
that would not allow perimeter fencing. Fencing would not be allowed to extend
past the sides of the house and would be restricted to the building envelope area
in the rear of the house. By not allowing fencing to encroach this side setback
area would be kept open to achieve the open character that is desired.
It is our position that the proposed 15' side setback in conjunction with the
fencing restrictions will advance or protect the public interests and purposes of
the standard equally well or better than a plan that complies with the 20' side
setback standard.
2. The Side Setback requirement for sides of lots that are adjacent to greenbelts
would be reduced to 7.5'
Justification for request:
The intent of maintaining an open character between estate lots with large
setbacks would be provided by the greenbelt adjacent to these lots. These
greenbelts create a much larger setback between building envelopes than would
normally be achieved with the 20' side setback.
Corporate Offices
3030 South College Avenue • Fort Collins • Colorado • $11525
Mailing Address: P.O. Box 2125 - Pon Collins • Colorado • 54522
Telephone: (970) 226-1500 • FAX: (970) 223-415o
ON
WEBSTER COMMUNITY PARK
®, LMN
KFCHTER RD
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OUT
ZACH ELEMENTARY
STALEY PARK
Modification of Standard
Fossil Lake P.U.D. Swift Addition
7/17/02 N
1 inch : 1000 feet
Modification to Standards, Fossil Lake P.U.D. — Swift Addition - County Referral
P&Z Meeting August 1, 2002
Page 5
the Estate area into lots of this size and configuration is the driving force of the
need for this modification. The applicant could have prevented the need for this
modification if the layout had embraced the setback standards of the Estate area.
From staff's perspective, this request is an inappropriate solution to the larger
fundamental problem that the layout is not conducive to the Estate area setback
standards. Staff finds that the proposed modification requests will not advance
or protect the public interests and purposes of the standard for which
modification is requested, equally well or better than a plan meeting the
standards.
IV. FINDINGS:
A. The modifications requests are subject to review and recommendation
by the Planning and Zoning Board to the Board of County
Commissioners.
B. Staff finds that there are no exceptional circumstances for the
modification requests, only a clear design choice by the applicant that
necessitates the need for this modification.
C. Staff finds that the proposed modification requests will not advance or
protect the public interests and purposes of the standard for which
modifications are requested, equally well or better than a plan meeting
the standards.
V. RECOMMENDATION:
A. Staff recommends that the Planning and Zoning Board forward a
recommendation of denial to the Board of County Commissioners for
both modification requests.
Modification to Standards, Fossil Lake P.U.D. — Swift Addition - County Referral
P&Z Meeting August 1, 2002
Page 4
[I.E.4.b.(4)]) requesting to be modified taken in the context of the regulation are
as follows:
1. Sub -area Regulations.
E. Estate Residential Area Regulations. Development plans for
property that is located in the area identified in the Fossil Creek
Reservoir Area Plan as "Estate Residential" shall conform to the
following additional regulations:
1. Purpose. The Estate Residential Area is intended to be a setting
for a predominance of low -density and large -lot housing. The main
purpose of this area is 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 open lands.
4. Land Use Standards
b. Dimensional Standards.
(1) Minimum lot width shall be one hundred (100) feet.
(4) minimum side yard width shall be twenty (20) feet.
The context of the applicable provisions in the City's Comprehensive Plan (City
Plan) are as follows:
• Principle RD-3: Urban Estate development may be included in some
Residential Districts for several purposes: 1) to acknowledge the
presence of the many existing County subdivisions as part of the
community; 2) to allow for choices of very low density and large -lot
housing in the community; and 3) to provide, in some cases, a physical
transition between urban development and rural or open lands.
• Policy RD-3.2 Density and lot size in new Urban Estate subdivisions.
The overall average density should be lower than two (2) dwelling units
per acre, with lot sizes of one-half (112) of an acre or greater for
detached dwellings.
• Policy RD-3.3 Housing Types. Urban Estates developments include
the following housing types:
- large -lot or clustered single family detached,
- attached dwellings with ground floor access,
- mobile homes and manufactured housing,
- accessory dwellings.
Although the purpose statement for the "Estate Residential" area doesn't speak
to the purpose of the setbacks, staff's analysis indicates that the setback
standards in the "Estate Residential" area were put in place to ensure a very low
density character at key transition areas in the community through the provision
of ample spacing between houses. The choice that the applicant made to design
Modification to Standards, Fossil Lake P.U.D. — Swift Addition - County Referral
P&Z Meeting August 1, 2002
Page 3
(2) The alternative plan, as submitted, will advance or protect the public
interests and purposes of the standard for which modification is
requested, equally well or better than a plan that complies with the
standards for which the modification is requested. In ascertaining the
"public interests and purposes of the standards" the County
Commissioners shall give great weight to:
a. The recommendation of the municipality;
b. The specific language of the standard, taken in the context of
the regulation in which the standard is contained and in the
context of the applicable provisions of the municipality's
comprehensive plan; and
c. The willingness and agreement of the municipality to annex the
subject area.
II. THE APPLICANTS JUSTIFICATION:
Please see the attached justification letter from the applicant.
III. STAFF EVALUATION:
The applicant requests to reduce the side yard setback from 20 feet to 15 feet on
38 lots, and to reduce the side yard setback from 20 feet to 7.5 feet on 6 lots
adjacent to greenbelts. Additionally, the applicant requests to reduce the
minimum lot width from 100 feet to 80 feet on 11 cul-de-sac lots.
The applicable review criteria states that modifications should be granted "only
in exceptional circumstances." Lot configurations meeting the standard were
previously designed by the applicant and given preliminary P.U.D. approval by
Larimer County. Subsequently the applicant redesigned the layout to the present
configuration, and amended the preliminary P.U.D. approval accordingly. City
staff finds that there are no exceptional circumstances in this case, only a clear
design choice by the applicant that necessitates the need for this modification.
The applicable review criteria also states that modifications should be granted
"only if they find that granting the modification will not be detrimental to
the public good," and that the proposed plan will "advance or protect the
public interests and purposes of the standard for which modification is
requested, equally well or better than" a plan meeting the standards.
In ascertaining the "public interests and purposes of the standard" the applicable
review criteria states that great weight shall be given to the specific language of
the standard taken in the context of the regulation in which the standard is
contained and in the context of the applicable provisions of the municipality's
comprehensive plan. The specific wording of the two standards ((I.E.4.b.(1)] &
Modification to Standards, Fossil Lake P.U.D. — Swift Addition - County Referral
P&Z Meeting August 1, 2002
Page 2
that there are no exceptional circumstances for the modification requests, only a
clear design choice by the applicant that necessitates the need for this
modification. Staff finds that the proposed modification requests will not advance
or protect the public interests and purposes of the standard for which
modifications are requested, equally well or better than a plan meeting the
standards.
BACKGROUND:
The surrounding land use designations and land uses are as follows:
N: Low Density Mixed -use Neighborhood (County — Fossil Creek
Reservoir Area), existing farmland
LMN — future neighborhood park, new Elementary School;
S: Resource Management Area (County — Fossil Creek Reservoir Area),
existing farmland;
E: FA-1 Farming (Larimer County) existing farmstead, Mail Creek /
McClellands Channel;
W: LMN — Fossil Lake P.U.D. Second Filing (under construction).
The property is eligible for annexation, and upon final approval and the TDU
transfer for the Fossil Lake P.U.D. — Swift Addition development, the applicant
has agreed to proceed with annexation.
THE APPLICABLE CRITERA
Section 4.2.1.E. of the Larimer County Land Use Code allows the Board of
County Commissioners to modify standards in Supplemental Regulations for the
Fossil Creek Reservoir Area only in exceptional circumstances and only if they
find that arantina the modification will not be detrimental to the public good, and
that:
(1) 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 extraordinary and exceptional situations
unique to such property, including but not limited to, physical
conditions such as exceptional narrowness, shallowness or
topography, the strict application of the standard sought to be modified
would result in unusual and exceptional practical difficulties, or
exceptional and undue hardship upon the owner of the affected
property, provided such difficulties or hardship are not caused by the
act or omission of the applicant; or
ITEM NO. 4
M MEETING DATE 8 1 02
STAFF Troy Jones
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Request for Modification of Standards, Fossil Lake P.U.D.
Swift Addition (County Referral)
APPLICANT: Jim Birdsall
Everitt Companies
3030 South College Ave.
Fort Collins, CO 80525
PROJECT DESCRIPTION:
The applicant requests a modification for the following two (2) standards within
the Supplemental Regulations for the Fossil Creek Reservoir Area:
(1) Section I.E.4.b.(1) requires lots in the "Estate Residential Area" of the
Fossil Creek Reservoir area to have a minimum lot width of 100 feet.
(2) Section I.E.4.b.(4) requires lots in the "Estate Residential Area" of the
Fossil Creek Reservoir area to have a minimum side yard setback of
20 feet.
The site is in Larimer County, but governed by the standards within the
Supplemental Regulations for the Fossil Creek Reservoir Area which is an
element of the Larimer County Land Use Code. The applicant requests to reduce
the side yard setback from 20 feet to 15 feet on 38 lots, and to reduce the side
yard setback from 20 feet to 7.5 feet on 6 lots adjacent to greenbelts.
Additionally, the applicant requests to reduce the minimum lot width from 100
feet to 80 feet on 11 cul-de-sac lots.
RECOMMENDATION: Denial
EXECUTIVE SUMMARY:
The modifications requests are subject review and recommendation by the
Planning and Zoning Board to the Board of County Commissioners. Staff finds
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO80522-0580 (970) 221-6750
PLANNING DEPARTMENT