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Old Town North, Project Development Plan, #28-99A
June 21, 2001 P & Z Hearing
Page 9
G. Granting of modification request #3 will protect the public interests of the standard
equally well as would a plan which satisfies the standard because home occupation
uses, whether attached or detached from the dwelling, will continue to be required to
be clearly incidental and secondary to the use of the dwelling and will not be allowed
to change the residential character.
H. Granting of modification request #3 will protect said purpose equally well as would a
plan that satisfied the standard because a garage is type of building that would
normally be expected to be located on a residential lot, and having a second floor
home office above the garage does not change the residential character.
RECOMMENDATION:
1. Staff recommends approval of the modification request to section 3.5.2[D][2].
2. Staff recommends approval of the modification request to section 3.5.2[D][3].
3. Staff recommends approval of the modification request to section 3.8.3[1 ].
4. Staff recommends approval of the Old Town North Project Development Plan, File
#28-99A.
Old Town North, Project Development Plan, #28-99A
June 21, 2001 P & Z Hearing
Page 8
FINDINGS OF FACT/CONCLUSIONS
After reviewing the Old Town North, Project Development Plan, #28-99A, staff makes
the following findings of fact and conclusions:
1. The proposed land uses are permitted in the CCN zone district subject to
administrative review.
2. The Project Development Plan complies with all applicable district standards of
Section 4.15 of the Land Use Code, the CCN zone district.
3. The Project Development Plan complies with all applicable General Development
Standards contained in Article 3 of the Land Use Code except in the two cases
where alternative compliance is requested on the ODP, and the 3 cases where
modifications are requested on the PDP.
B. Granting the modification request #1 would not be detrimental to the public good,
because the modification request does not adversely affect the 9 foot wide utility
easement.
C. Granting the requested modification #1 would substantially address an important
community need defined in adopted policy by allowing the developer to achieve the
density required in order to ensure the project's affordability.
D. Granting of the modification request #2 would not be detrimental to the public good
because the modified condition continues to require at least 8 feet of separation
between residential buildings on adjacent lots, which allows for adequate air
circulation and light access for each building.
E. Granting the requested modification #2 would substantially address an important
community need defined in adopted policy by allowing the developer to achieve the.
density required in order to ensure the project's affordability.
F. Granting of modification request #3 would not be detrimental to the public good
because home occupation uses, whether attached or detached from the dwelling,
will continue to be required to be clearly incidental and secondary to the use of the
dwelling and will not be allowed to change the residential character.
Old Town North, Project Development Plan, #28-99A
June 21, 2001 P & Z Hearing
Page 7
affordability. Staff finds that the granting of modification request #1 would
substantially address an important community need defined in adopted policy
c. Modification #3 — Section 3.8.3 (1) requires that permitted home occupation uses
shall be conducted entirely within a dwelling.
The applicant requests the allowance of home occupations to be located in rooms to be
built above the detached garages in the rear yard of the lots at Old Town North.
Staff finds that the granting of modification request #3 would not be detrimental to the
public good because home occupation uses, whether attached or detached from the
dwelling, will continue to be required to be clearly incidental and secondary to the use of
the dwelling and will not be allowed to change the residential character.
Staff finds that the granting of modification request #3 will protect the public interests
of the standard equally well as would a plan which satisfies the standard for the same
reason that the modification is not detrimental to the public good, which is because
home occupation uses, whether attached or detached from the dwelling, will continue to
be required to be clearly incidental and secondary to the use of the dwelling and will not
be allowed to change the residential character.
There is no stated purpose in the Land Use Code for this standard. After much
discussion between the Current Planning Department and the Zoning Department, staff
has come up with a statement that we feel captures the purpose of this standard, as
follows: `The purpose of allowing a home occupation as a permitted accessory use to a
dwelling is to permit the inhabitants of a dwelling to conduct self-employment (and one
support employee) on the property where that inhabitant resides in buildings with a
residential character that one would normally expect to find on a residential lot (such as
homes, sheds or garages). This self-employment use is intended to only be permitted
when the impacts to the neighborhood are minimal. " Staff finds that the proposed plan
reflecting modification request #3 will protect said purpose equally well as would a
plan that satisfied the standard because a garage is type of building that would normally
be expected to be located on a residential lot, and having a second floor home office
above the garage does not change the residential character.
Old Town North, Project Development Plan, #28-99A
June 21, 2001 P & Z Hearing
Page 6
The applicant proposes attached housing with rear vehicle access, and is not in the UE,
RL or LMN zone, therefore the required minimum front yard setback is 9 feet. The code
does not however specify that this reduction applies to side yard setbacks along non -
arterial streets. The applicant is therefore requesting a modification to this standard
to reduce the side yard setback along non -arterial streets for single family attached
dwellings with rear vehicular access (the lots colored green on the setback detail plan)
from the required 15 feet setback to a proposed 9 feet setback.
Staff finds that the granting of modification request #1 would not be detrimental to the
public good, because the modification request does not adversely affect the 9 foot
wide utility easement along the residential streets.
Another common sense reason why the modification is a good idea is to allow the
buildings to maintain the same setback character on both the front and side street
facing facades. Since the front yard setback is 9 feet, it would make sense to allow the
street facing side yard to also have a 9 foot setback.
The Policy entitled "Priority Affordable Housing Needs and Strategies" adopted 2/2/01
by City Council states that Fort Collins highest priority should be affordable housing.
Staff agrees with the applicant that a modification to this standard would allow the
developer to achieve the density required in order to ensure the project retains its
affordability. Staff finds that the granting of modification request #1 would
substantially address an important community need defined in adopted policy.
b. Modification # 2 — 3.5.2 Residential Building Standards (D) Residential Building
Setbacks (3) Side and Rear Yard Setbacks - this section of the Land Use Code.
requires that the minimum side yard setback for all residential buildings shall be 5 feet
from the property line or 6 feet from the property line if a zero lot line development is
proposed.
The applicant proposes to reduce the minimum required side yard setback from 5 feet
to 4 feet
Staff finds that the granting of modification request #2 is not detrimental to the public
good because the modified condition continues to require at least 8 feet of separation
between residential buildings on adjacent lots, which allows for adequate air circulation
and light access for each building.
The Policy entitled "Priority Affordable Housing Needs and Strategies" adopted 2/2/01
by City Council states that Fort Collins highest priority should be affordable housing.
Staff agrees with the applicant that a modification to this standard would allow the
developer to achieve the density required in order to ensure the project retains its
Old Town North, Project Development Plan, #28-99A
June 21, 2001 P & Z Hearing
Page 5
i. Transportation Level of Service Requirements — 3.6.4
• A Transportation Impact Study (TIS) was conducted. The TIS, which has
been reviewed by the City's Traffic Engineer and Transportation Planning
Department, meets the required Level of Service Standards for all modes
of transportation to and from the site.
Emergency Access — 3.6.6
• As required, emergency vehicles can gain access to, and maneuver
within, the project so that emergency personnel can provide fire protection
and emergency services without delays.
k. Home Occupations — 3.8.3
• The applicant is requesting a modification to this standard. Please see
the modification request in item 5 of this staff report.
5. Modifications Requests
a. The Modification Process
Section 2.8.2(H) of the LUC specifies that in order to approve a modification the
Planning and Zoning Board must find that:
(1) the granting of the modification is not detrimental to the public good,
(2) the plan as submitted will:
(a) advance or protect the public interests and purposes of the
standard equally well or better than would a plan that satisfies
the standard, or
(b) the proposed project would substantially address an important
community need specifically and expressly defined and
described in the city's Comprehensive Plan, adopted policy,
ordinance or resolution, or
(c) strict application of the standard sought to be modified would
result in unusual and exceptional practical difficulties or
exceptional hardship due to exceptional physical conditions
unique to such property.
b. Modification # 1 — 3.5.2 Residential Building Standards (D) Residential Building
Setbacks (2) Setback from Nonarterial Streets - this section of the Land Use Code
requires that buildings be set back fifteen (15) feet from a street right-of-way, except
that in zone districts other than UE, RL, and LMN, a minimum side front yard setback of
seven (7) feet shall be permitted for attached housing with rear vehicle access and
parking.
Old Town North, Project Development Plan, #28-99A
June 21, 2001 P & Z Hearing
Page 4
• Parking Lot Layout — The only parking lot in the Project Development Plan
presents no conflicts between pedestrians, bicycles and automobiles.
C. Solar Access, Orientation, Shading — 3.2.3
• Solar -Oriented Residential Lots — As required, more than 65% of the
proposed single family lots conform to the definition of a "solar -oriented
lot."
• Shading — As required, the physical elements of the plan are located and
designed so as not to cast an unreasonable shadow onto adjacent
properties.
d. Site Lighting — 3.2.4
• The exact locations of street lights is determined by the Light and Power
Department after the plat is recorded. The developer has agreed that the
maximum on -site lighting levels will satisfy the lighting limits of the LUC.
e. Natural Habitats and Features — 3.4.1
• Ecological Characterization Study - An ecological characterization study was
performed, and the proposed PDP provides for the necessary buffers
from the natural features.
• Establishment of Buffer Zones - As required, the applicant has provided a 50'
buffer adjacent from the existing grove of trees along the Lake Canal.
Residential Building Standards — 3.5.2
• Orientation to a Connecting Walkway — As required, every front fagade in this
PDP faces either a street sidewalk or a connecting walkway within 200 feet of
a street sidewalk.
• Residential Building Setbacks — The applicant is seeking 2 modifications to
this standard. Please see the modification request in item 5 of this staff
report.
g. Master Street Plan — 3.6.1
• The Master Street Plan identifies the future realigned Vine Drive as an
arterial, Redwood Drive, the existing Vine Drive, and a proposed new
street running north -south through the site as collectors.
h. Street Pattern and Connectivity Standards — 3.6.3
• The Overall Development Plan has two requests for alternative compliance to
the Street Pattern and Connectivity Standards. Provided the Planning
and Zoning Board grants the said alternative compliance requests, this
proposed PDP will be satisfying this standard.
Old Town North, Project Development Plan, #28-99A
June 21, 2001 P & Z Hearing
Page 3
The Project Development Plan complies with all applicable General Development
Standards as follows:
a. Landscaping and Tree Protection — 3.2.1
• Full Tree Stocking — This requires canopy trees to be placed in all
landscaped areas within 50 feet of any proposed building spaced at 30 to
40 foot spacing intervals. The proposed landscape plan complies with
this standard.
• Street Trees — This requires street trees to be located in the parkway strip
between the curb and the sidewalk at either 30 to 40 foot spacing intervals
or one tree per lot along the street frontages. The proposed landscape
plan complies with this standard.
• Minimum Species Diversity - As required, no more that 15% of the
landscaping consists of a single species.
• Foundation Plantings - As required, at ►east 50% of the exposed sections of
the exterior building walls of the neighborhood center main building that
are in high -visibility areas have 5 feet wide planting strips placed directly
along the fagade.
• Tree Protection and Tree Replacement - The landscape plans identify the
locations, species, size and condition of all significant trees, and labels
each showing the applicant's intent to either remove, transplant or protect.
Removals that require mitigation have been specified, and adequately
mitigated.
b. Access, Circulation and Parking — 3.2.2
• Safety Considerations - The parking and circulation system will accommodate
the movement of vehicles, bicycles, pedestrians and transit safely and
conveniently throughout the site and to and from surrounding areas.
• Curbcuts and Ramps — Adequate curbcuts and ramps have been provided at
convenient, safe locations for the physically disabled, for bicyclists and for
people pushing strollers or carts.
• Walkways - The onsite pedestrian system provides directness, continuity and
safety.
• Direct On -site Access to Pedestrian and Bicycle Destinations - Direct
connections to the between the neighborhood and the bike/pedestrian trail
along the south property line are provided.
• Access and Parking Lot Requirements — The vehicular use areas are
adequately safe, convenient, and attractive for all modes of transportation
that will use the system, including cars, trucks, busses, bicycles,
pedestrians, and emergency vehicles.
Old Town North, Project Development Plan, #28-99A
June 21, 2001 P & Z Hearing
Page 2
1. Background:
The surrounding zoning and land uses are as follows:
N: CCN; Dry Creek floodway, Vacant property, Conifer Street,
I; Existing Industrial Uses, vacant industrial lots,
S: CCN; Lake Canal, Business along Vine Drive (truck sales, trucking company,,
stock farm, garbage company), government fleet yards (CDOT, Larimer
County), Vine Drive, Railroad tracks, Poudre River
E: CCN; Existing Bike/Pedestrian trail on the Redwood Drive alignment, the Lake
Canal,
LMN; vacant land,
W: CN; Commercial businesses along College Avenue,
The property was annexed as part of three different annexations: (1) the Second East
Vine Drive Annexation in September 1967, (2) the Third East Vine Drive Annexation in
October 1967, and (3) the Pine Tree Park Annexation in November 1972.
2. Division 4.15 of the Land Use Code, CCN — Community Commericial North
College Zone District
The proposed uses are permitted in.the CCN zone district subject to administrative
review.
The PDP meets the applicable Land Use Standards in section 4.15(D) of the LUC as
follows:
G This section of the LUC requires that any single-family, two-family, and multi-
family housing shall have a minimum density of 5 dwelling units per gross acre of
residential land. The proposed density is 7.04 units per gross acre, therefore the
standard is satisfied.
• This zone district limits single-family housing to no more than 40% of the
geographically distinct CCN zone district. The proposed plan satisfies this
requirement.
• As required, no building is proposed to exceed the maximum height of 5 stories.
The PDP meets the applicable Development Standards in section 4.4(E) of the LUC as
follows:
• As required, the proposed PDP complies with the standards contained in the
Standards and Guidelines for the North College Avenue Corridor.
4. Article 3 of the Land Use Code — General Development Standards
ATSTPROJCl": EP®own North, Project Development Plan, #28-99A
APPLICANT: Russ Lee
BHA Design
4803 Innovation Drive
Fort Collins, CO 80525
OWNERS: Monica Sweer
Palladian Construction
P.O. Box 270053
Fort Collins, CO 80527-0053
PROJECT DESCRIPTION:
This is a request for a Project Development Plan for a 30-acre Mixed -Use
Development, which is the first P.D.P. filing of the land contained within the Old Town
North O.D.P. As proposed the P.D.P. includes 138 single family detached homes, 88
single family attached homes, and 30 mixed use dwellings (that have the option to
share the building with offices, financial services and clinics, personal and business
service shops, or retail establishments ). 10% of the units will meet the City of Fort
Collins requirements for affordable housing. The applicant is requesting three
modifications to standards as part of this application. The first modification request is to
reduce the minimum side yard setback from 5 feet to 4 feet. The second modification
request is to reduce the required sideyard setback along non -arterial streets from 15
feet to 9 feet for the proposed single family attached units with rear vehicle access.
The third modification request is to allow home occupations to be located in rear yard
detached accessory buildings on the same lot as the primary dwelling. The entire site in
located in the Community Commercial — North College (CCN) zone district
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
This PDP is evaluated by the criteria contained in the Land Use Code. The land uses
proposed are all permitted uses in the CCN zone district, as specified in Article 4.15 of
the Land Use Code. The PDP also complies with all applicable general standards in
Article 3 of the Land Use Code except section 3.6.3[C] and 3.6.3[F], where alternative
compliance is requested in the ODP, and sections 3.5.3[D][2], 3.5.3[D][3], and 3.8.3[1],
where Modifications of Standards have been requested. The application meets the
criteria for granting the requested modifications.
COMMENTS:
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT
Conic ty Planning and Environmen'
Current Planning
Memo
To: Planning and Zoning Boar (Members
From: Troy Jones, City Planner f11�
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Re: Old Town North ODP and PDP staff reports
.rvices
June 21, 2001
The ODP
I just wanted to add a little clarification that is not major enough to warrant a change to
the ODP staff report, but should at least be brought to the Board's attention. The
clarification is to the Alternative Compliance request to section 3.6.3[F] which requires
that street connections be made to adjacent developable and redevelopable parcels.
The request is to eliminate two required street connections that, if made, would have to
cross a riparian forest area that runs adjacent to the Lake Canal along the southern
property line. My staff report did not indicate that the said riparian forest is in fact
identified on the City's Natural Features and Habitat Inventory Map, and that within the
review criteria for alternative compliance requests to this section of the code
(3.6.3[H][2]), it states, "in reviewing the proposed alternative plan, the decision maker
shall take into account whether the alternative design minimizes the impacts on natural
areas and features."
The PDP
I have revised the Old Town North PDP Staff Report because I discovered that as
originally written, it didn't accurately capture modification request #1 as the applicant
had intended to request it. The new version of the staff report updates the request to be
consistent with the applicant's intentions for this request. The project description
paragraph on page 1 of the staff report was changed, and the modification #1 language
on page 6 changed.
Modification # 1 can be clarified as follows: Section 3.5.2[D][2] of the Land Use Code
requires that buildings be set back fifteen (15) feet from a street right-of-way, except that
in zone districts other than UE, RL, and LMN, a minimum side front yard setback of
seven (7) feet shall be permitted for attached housing with rear vehicle access and
parking. The applicant proposes attached housing with rear vehicle access, and is not in
the UE, RL or LMN zone, therefore the required minimum front yard setback is 9 feet.
The code does not however specify that this reduction applies to side yard setbacks
along non -arterial streets. The applicant is therefore requesting a modification to this
standard to reduce the side yard setback along non -arterial streets for single family
attached dwellings with rear vehicular access from the required 15 feet setback to a
proposed 9 feet setback.
287 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
Additionally, according to alternative compliance review criteria from section 3.6.3(1-1)(2)
the proposed site plan meets alternative compliance criteria through minimizing impacts to the
natural areas along the southern boundary of the site.
As stated earlier, multiple crossings of the proposed Dry Creek conveyance channel
would be cost prohibitive when creating an affordable housing community. Because the traffic
study has shown the level of service requirements on existing and proposed streets are met, we
feel the criteria to approve this alternative compliance for the connectivity requirement along the
northern property line is found within City Plan Policy HSG-2.2. It states "The City will support
and encourage the private development of affordable housing by offering incentives and reducing
local government barriers to the construction of additional units," and section 1.2.2(A) of the
Land Use Code states "The purpose of the Land Use Code is to improve and protect the public
health, safety and welfare by: ensuring that all growth and development which occurs is
consistent with this land Use Code, City Plan and its adopted components...."
Alternative Compliance Request
Old Town North
The Old Town North site plan illustrates proposed traffic circulation systems including all
Collector streets or larger as required by the Land Use Code. These streets have been designed to
respond to:
1. Existing road locations
2. Natural areas and large drainage features adjacent to the site
3. Pre -determined access points along East Vine street and along the western edge of the
site
4. Existing properties that are not a part of the overall development plan
5. Development plans and land uses for the proposed site plan area.
Alternative Compliance Request
Land Use Code Section 3.6.3 Street Pattern and Connectivity Standards
Purpose. This section is intended to ensure that the local street system is well designed with
regard to safety, efficiency and convenience for automobile, bicycle, pedestrian and transit modes
of travel. Alternative design must minimize the impacts on natural areas and features, fosters non
vehicular access, provide for distribution of the development's traffic without exceeding the level
of service standards, enhance neighborhood connectivity and provide direct sub -arterial street
access to neighborhood features within or adjacent to the development.
There are two locations of the Old Town North planned area which require that we request
alternative compliance for spacing of sub -arterial street connections as defined in section 3.6.3(F)
of the Fort Collins Land Use Code which states ... All development plans shall provide for future
public street connections to adjacent developable parcels by providing a local street connection
spaced at intervals not to exceed six hundred sixty (660) feet along each development plan
boundary that abuts potentially developable or redevelopable land.'
Area 1 - South boundary of site. We request alternative compliance for the provision of future
street connections along the south boundary of the site in order to minimize impacts on natural
areas adjacent to Lake Canal as identified on the 'City of Fort Collins Natural Habitats and
Features Inventory Map' and the existing development located south of the property.
Area 2 — North Boundary along proposed realigned Dry Creek. In this area, we have
modified the street spacing from the 660' minimum to respond to the expense of crossing the
realigned 'Dry Creek' drainage way. Due to Old Town North's status as a proposed affordable
housing project, multiple crossings of the proposed Dry Creek conveyance channel would inhibit
the ability of the developer to maintain the affordability crucial to the successful implementation
of affordable housing.
The plan, as submitted, serves the purpose of the code equally well or better than a plan
which complies with the code for the following reason:
The site plan's street design satisfies the purpose of section 3.6.3 by ensuring that automobile,
bicycle, pedestrian and transit modes of travel are safe, efficient and convenient. To ensure this
the street layout and site design makes certain the level of service for the afore mentioned multi
modal modes of transportation pass the city requirements.
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OVERALL DEVELOPMENT PLAN
OLD TOWN NORTH
FORT COLLIN®S. COLORADO
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Old Town North, Overall Development Plan, #28-99B
June 21, 2001 P & Z Hearing
Page 8
H. Section 2.3.2 (H)(8) — Application of Housing Density and Mix of Uses Calculations
This criterion requires that any standards in the Code relating to housing density and
mix of uses will be applied over the entire ODP, not on each individual Project
Development Plan (PDP) review.
In accordance with 4.15[D][1] of the LUC, the ODP is required to have a minimum
density of five dwelling units per net acre for all proposed single-family, two-family, and
multi -family housing. The proposed densities applied over the entire ODP are
consistent with this requirement. Each future PDP submittal will be required to be
consistent with the densities stated in the ODP.
FINDINGS OF FACT/CONCLUSIONS:
In reviewing the Old Town North Overall Development Plan, staff makes the following
findings of fact and conclusions:
1. The ODP was reviewed and evaluated against the criteria of the Land Use Code.
2. The ODP meets all applicable criteria and standards required for the review of
Overall Development Plans as required in section 2.3.2 of the LUC except for
Section 3.6.3[C], and 3.6.3[F] where the applicant requests alternative compliance.
3. The proposed alternative compliance request for Section 3.6.3[C] better
accomplishes the purposes of the standard because the proposed design is safer
than one that meets the code in that each additional bridge over the future Dry
Creek channel would increase potential for floodway blockage.
4. The proposed alternative compliance request for Section 3.6.3[F] better
accomplishes the purposes of the standard because critical natural features and
habitats along the Lake Canal in this area can only be preserved by granting the
request.
RECOMMENDATION:
1. Staff recommends approval of the Old Town North Overall Development Plan, File
#28-99B.
Old Town North, Overall Development Plan, #28-99B
June 21, 2001 P & Z Hearing
Page 7
well or better than would a plan and design which complies with the
standards of the section.
This alternative compliance request better accomplishes the purposes of
Section 3.6.3 Street Pattern and Connectivity Standards than would a plan
that complies with the standard because of the following reasons:
• The adjacent developable property is separated from this site by the
Lake Canal. In this location there is a substantial grove of trees along
the Lake Canal which the Natural Resources Department has
indicated functions as significant wildlife habitat. Because of the
impact these crossings would have on the natural features and habitat
along the Lake Canal in this area, the Natural Resources Department
has found that the proposed site design is better than one that meets
the street spacing criteria.
• Non -vehicular access to the existing Vine Drive is provided via either
Redwood Drive or the proposed collector. The alternative plan
satisfies transportation level of service standards, and continues to
achieve neighborhood continuity and connectivity. Additionally, the
alternative design does not have any bearing upon the plan's ability to
provide direct subarterial street connections to parks, schools,
neighborhood centers, commercial uses, or Neighborhood Commercial
Districts within the same section mile.
F. Section 2.3.2 (H)(6) — Natural Features
This criterion requires an ODP to indicate the location and size of all natural areas and
features within its boundaries and shall indicate the applicant's estimate of the limits of
development and natural area buffer zones.
The majority of the grove of trees along the Lake Canal is preserved. The location and
size of this natural feature is identified and are reflected on the Limits of Development
on the ODP drawing. This standard is therefore satisfied.
G. Section 2.3.2 (H)(7) — Drainage Master Plan
This criterion requires an ODP to be consistent with the appropriate Drainage Basin
Master Plan.
All criteria and constraints of the Drainage Basin Master Plans were utilized in the
preparation of the overall drainage report.
Old Town North, Overall Development Plan, #28-9913
June 21, 2001 P & Z Hearing
Page 6
b) Additional nonsignalized, potentially limited movement collector or local street
intersections with arterial streets shall be spaced at intervals not to exceed
660 feet between full movement collector or local street intersections (LUC
3.6.3(Dj).
Nonsignalized, potentially limited movement intersections with the future
realigned Vine Drive — The applicant proposes a local street connection from
the proposed development to the future realigned Vine Drive located 660 feet
east of the proposed collector street's intersection with the future realigned
Vine Drive, thereby satisfying this requirement.
3. The Transportation Level of Service Requirements (LUC 3.6.4) are intended to
ensure that `the project shall demonstrate that all adopted Level of Service (LOS)
standards will be achieved for all modes of transportation."
The plan satisfies all of the transportation Level of Service requirements for all
modes of transportation in all locations of the site.
E. Section 2.3.2 (H)(5) — Transportation Connections to Adjoining Properties
This criterion requires an ODP to provide for the location of transportation connections
to adjoining properties to ensure connectivity into and through the ODP site from
neighboring properties for vehicular, pedestrian and bicycle movement. All development
plans shall incorporate and continue all sub -arterial streets stubbed to the boundary of
the development plan by previously approved plans or existing development. All
development plans shall provide for future public street connections to adjacent
developable parcels by providing a local street connection spaced at intervals not to
exceed 660 feet along each development plan boundary that abuts potentially
developable or redevelopable land.
The applicant is required in 3.6.3[F] of the LUC to make two street connections along
the southern property line (between the proposed collector street and Redwood Drive)
to adjacent redevelopable properties. The applicant is requesting alternative
compliance to this standard for both of these required connections. Staff recommends
approval of the alternative compliance requests as follows:
As stated in 3.6.3[A] of the LUC, the purpose of this section is to "ensure that
the local street system is well designed with regard to safety, efficiency and
convenience for automobile, bicycle, pedestrian and transit modes of travel."
In reviewing an alternative plan, the decision maker must determine that the
proposed alternative plan accomplishes the purpose of the section equally
Old Town North, Overall Development Plan, #28-99B
June 21, 2001 P & Z Hearing
Page 5
In reviewing an alternative plan, the decision maker must determine that the
proposed alternative plan accomplishes the purpose of the section equally
well or better than would a plan and design which complies with the
standards of the section.
When the decision maker reviews an alternative design, it must also be taken
into account whether the alternative design:
• minimizes the impacts on natural areas and features,
• fosters non -vehicular access,
• provides for distribution of the development's traffic without exceeding
level of service standards,
• enhances neighborhood continuity and connectivity,
• provides direct, sub -arterial street access to any parks, schools,
neighborhood centers, commercial uses, employment uses, and
Neighborhood Commercial Districts within or adjacent to the
development from existing or future adjacent development within the
same section mile.
Staff finds that this alternative compliance request better accomplishes the
purposes of Section 3.6.3 Street Pattern and Connectivity Standards than
would a plan that complies with the standard because of the following
reasons:
• The future Dry Creek alignment is located between the proposed ODP
and the future realigned Vine Drive alignment. Because of the
increased potential for floodway blockage that would be incurred with
each additional bridge over the future Dry Creek channel, the
Stormwater Department has found that the proposed site design is
safer than one that meets the street spacing criteria.
• This alternative design has no impacts on natural areas and features.
Non -vehicular access to the future realigned Vine Drive is maintained
through the provision of a pedestrian/bicycle bridge over the future Dry
Creek channel. The alternative plan satisfies transportation level of
service standards, and continues to achieve neighborhood continuity
and connectivity. Additionally, the alternative design does not have
any bearing upon the plan's ability to provide direct subarterial street
connections to parks, schools, neighborhood centers, commercial
uses, or Neighborhood Commercial Districts within the same section
mile.
Old Town North, Overall Development Plan, #28-996
June 21, 2001 P & Z Hearing
Page 4
This criterion requires an ODP to conform to the Master Street Plan requirements (as
specified in the LUC 3.6.1) and the Street Pattern and Connectivity Standards (as
specified in the LUC 3.6.3) both within and adjacent to the boundaries of the plan.
1. The Master Street Plan (LUC 3.6.1) identifies the following streets in the vicinity of
this site:
• a future realignment of Vine Drive as a 4-lane arterial located along the north
property line of this site,
• a north -south 2-lane collector street running parallel to and a block east of
College Avenue (which goes directly through the site),
• an extension of Redwood Drive as a 2-lane collector street running along the
eastern edge of the property, and
• the existing Vine Drive as a 2-lane minor arterial.
The ODP. recognizes these designations and provides for the dedication of
appropriate right-of-way and necessary improvements at the time of Project
Development Plan review.
2. The Street Pattern and Connectivity Standards (LUC 3.6.3) are intended to ensure
that the local street system is well designed with regard to safety, efficiency and
convenience for automobile, bicycle, pedestrian and transit modes of travel. There
are three specific subsections of the Street Pattern and Connectivity Standards
(3.6.3[C], 3.6.3[D], 3.6.3(E]) that are applicable in order to satisfy the ODP review
criteria:
a) Potentially signalized, full -movement intersections of collector or local streets
with arterial streets must be provided at least every 1,320 feet (114 mile)
along arterial streets (LUC 3.6.3[C]).
Potentially Signalized, full -movement intersections with the future realigned
Vine Drive, - The future realigned Vine Drive is the only arterial street abutting
the site. On the future realigned Vine Drive between College Avenue and the
future Redwood Drive, two potentially signalized, full -movement intersections
are required. The applicant has provided one of the two required
intersections on the ODP, and is requesting alternative compliance for the
other.
As stated in 3.6.3[A] of the LUC, the purpose of this section is to "ensure that
the local street system is well designed with regard to safety, efficiency and
convenience for automobile, bicycle, pedestrian and transit modes of travel."
Old Town North, Overall Development Plan, #28-99B
June 21, 2001 P & Z Hearing
Page 3
places of worship, and private schools, all of which are permitted in the CCN zone
district under administrative review. The potential uses proposed for Parcel B include
all uses allowed within the CCN zone district. The potential uses proposed for Parcel C
include single family detached, single family attached, places of worship, and private
schools.
All district standards applicable at the ODP review stage have been complied with.
B. Section 2.3.2 (H)(2) — Residential Densities
This review criterion requires an ODP located within the.LMN and MMN zoning districts
to be consistent with the residential density ranges of those districts.
The LMN zoning district requires a minimum overall average density of 5 dwelling
units/net acre of residential land, and a maximum overall average density of 8 dwelling
units/gross acre of residential land.
There is no property located within either the LMN or the MMN zone districts in this
proposed ODP, therefore this standard is satisfied. The CCN zone does however have
a minimum residential density requirement of 5 dwelling units per acre. The proposed
gross residential density is 5.5 units per gross acre, therefore the density requirements
are satisfied in the proposed ODP.
C. Section 2.3.2 (H)(3) — Contiguity Requirements of the Compact Urban Growth
Standards
This criterion requires an ODP to conform to the contiguity requirements of the
Compact Urban Growth Standards. This requires that at least 1/6 of the proposed
development `s boundaries must be contiguous to existing urban development within
either the City limits or unincorporated Larimer County within the Urban Growth Area.
Existing urban development is defined as industrial uses; commercial/retail uses; .
institutional/civic/public uses; or residential uses having an overall minimum density of
at least one unit per acre; and provided that all engineering improvements for such
development are completed.
The entire western and southern property lines abut existing urban development. These
common boundaries with adjacent developments constitute more than 1/6 of the
proposed development boundaries, which in turn satisfies the contiguity requirements.
D. Section 2.3.2 (H)(4) — Master Street Plan, Street Pattern and Connectivity
Standards, and Transportation Level of Service Requirements
Old Town North, Overall Development Plan, #28-99B
June 21, 2001 P & Z Hearing
Page 2
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: CCN; Dry Creek floodway, Vacant property, Conifer Street,
I; Existing Industrial Uses, vacant industrial lots,
S: CCN; Lake Canal, Business along Vine Drive (truck sales, trucking company,
stock farm, garbage company), government fleet yards (CDOT, Larimer
County), Vine Drive, Railroad tracks, Poudre River
E: CCN; Existing Bike/Pedestrian trail on the Redwood Drive alignment, the Lake
Canal,
LMN; vacant land,
W: CN; Commercial businesses along College Avenue,
The property was annexed as part of three different annexations: (1) the Second East
Vine Drive Annexation in September 1967, (2) the Third East Vine Drive Annexation in
October 1967, and (3) the Pine Tree Park Annexation in November 1972.
2. Land Use Code
Section 2.3.2 (H) of the Land Use Code identifies eight possible criteria for reviewing
Overall Development Plans.
A. Section 2.3.2 (1-11)(1) — Permitted Uses and District Standards
This section requires the ODP to be consistent with the permitted uses and applicable
Article 4 standards of all zone districts contained within the boundaries of the ODP and
to be consistent with any applicable general development standards contained within
Article 3. It also requires that if there is any land in the MMN zoning district that the
plan be consistent with the block size requirements for that district.
The site is located in the Community Commercial — North College (CCN) zone district,
and is comprised of three distinct parcels. The potential uses proposed for Parcel A
include single family detached dwellings, single family attached dwellings, bed and
breakfast establishments, personal and business service shops, offices, financial
services, clinics, artisan and photography studios and galleries, retail establishments,
limited indoor recreation establishments, bars, taverns and night clubs, veterinary
facilities, health membership clubs, recreational uses, plumbing, electrical and
carpenter shops, lodging establishments, child care centers, print shops, food catering,
L�lta�� r►T�I� ��J \`� ■
PROJECT: Old Town North, Overall Development Plan, #28-99B
APPLICANT: Russ Lee
BHA Design
4803 Innovation Drive
Fort Collins, CO 80525
OWNERS: Monica Sweer
Palladian Construction
P.O. Box 270053
Fort Collins, CO 80527-0053
PROJECT DESCRIPTION:
This is a request for an Overall Development Plan for a 45-acre Mixed -Use
Development. The site is located northeast of the intersection of Vine Drive and
College Avenue, more specifically, it is bound by the Lake Canal on the south, the
future Redwood Drive alignment on the east, the future realigned Vine Drive on the
north, and the eastern property line of the businesses along College Avenue on the
west. The entire site in located in the Community Commercial — North College (CCN)
zone district.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
This ODP is evaluated by the criteria contained in the Land Use Code. The land uses
proposed on the ODP are all permitted uses in the CCN zone district, as specified in
Article 4.15 of the Land Use Code. The ODP also complies with all applicable general
standards in Articles 2 and 3 of the Land Use Code except Section 3.6.3[C], and
3.6.3[F], where alternative compliance requests have been requested. The application
meets the criteria for granting alternative compliance requests for Section 3.6.3[C] and
3.6.3[F].
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-675
PLANNING DEPARTMENT
Mr. Troy Jones
Old Town North Modification
Page 4
and variety along the streetscape.
The code defines alleys as "a minor way used primarily for vehicular
service access to the back of properties abutting a street." Because an alley is
defined by the code as a service access and is not meant to serve as a "pedestrian
oriented street" the applicant feels the eight (8) foot setback modification proposed
would not violate the intent of section 3.5.2.
Thank you for your consideration of this modification
Sincerely,
bha design inc. by
Russell Lee
cc: Monica Sweere
i
Mr. Troy Jones
Old Town North Modification
Page 3
request. Specifically the P & Z must find:
Municipal Code
(a) the granting of the modification would neither be detrimental to the public good
nor impair the intent of the Land Use Code and (b) the granting of a modification
from the strict application of any standard 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' Comprehensive Plan, adopted policy, ordinance or resolution (such as,
by way of example only, affordable housing or historic preservation) or would
substantially alleviate an existing, defined and described problem of city-wide
concern, and the strict application of such a standard would render the project
practically infeasible.
How would the proposal differ from the standard
Instead of the fifteen (15) foot setback from street right -a -ways, the proposal calls
for a nine (9) foot setback for the sideyards of the attached single family units
along a residential street and a eight (8) foot setback for sideyards of single family
detached units along alleys.
Why can the standard not be met
Because over 25% percent of the site has been removed from development due to
floodplain, natural resource and detention requirements, modifying this standard
allows the developer to achieve the density required in order to ensure the project
retains its affordability. Without the density achieved through the modification the
goal of creating affordable single family housing units would not be financially
feasible.
What problems may result from modifications of the the standard
There are no problems that would result from the modification of this standard.
The sideyard setbacks not being met by code are the same dimension as the front
and rear yard setbacks required by code. Based on the seven (7) foot front yard
setbacks for attached residential (section 3.5.2(D)(2)) and the eight foot (8) rear set
back along alleys (section 3.5.2(D)(3)), it is the applicants belief that intent of the
code is being met with the modification being proposed.
The purpose of section 3.5.2 as stated in the Land Use Code is to "promote
variety interest and pedestrian oriented streets in residential developments." The
nine (9) foot setback.modification would not deviate from this stated purpose. The
streetscape would not change. There would still be the required street trees within
a six (6) foot tree lawn and a detached walk promoting pedestrian oriented streets
Mr. Troy Jones
Old Town North Modification
Page 2
the State of Colorado affordable housing requirements. As well, a
minimum of 10% of the units will meet the city of Fort Collins
requirements for affordable housing.
The property is located in the C-C-N District. This district is a direct
outgrowth of the North College Avenue Corridor Plan. One of the goals of
the plan is :
Increase residential development with housing types consistent with the
overall vision of the plan.
The vision of the plan for residential development is stated in policy LU-3.
A diversity of housing types should be encouraged to locate in appropriate
areas throughout the corridor.
Also in the plan under the title Neighborhood Mixed Use District, the plan
calls for ".... higher density residential development with opportunities for
neighborhood retail and services incorporated into development projects
such as small lot single family..... "The proposed project meets this stated
goal.
The Fort Collins Land Use Code permits single family residential units
6,000SF or under as a permitted use subject to administrative review. The
proposed project meets this requirement.
The code also requires that single family housing shall have a minimum
density of 5 DU/AC. The proposed project meets this density standard.
Justification
As identified in the Fort Collins policy " Priority Affordable Housing Needs and
Strategies" which was adopted on February 2nd of this year, Fort Collins Highest
priority should be affordable housing. The proposed project (Old Town North)
would provide exactly the type of neighborhood desired as part of this policy. The
proposed project would also meet the stated goals of the North College Avenue
Corridor Plan as well as meeting the other requirements of the Fort Collins Land
Use Code.
In order for the project to be granted a modification a proposed project must meet
the guidelines required for the Planning and Zoning Board to justify a modification
March 15, 2001
Mr. Troy Jones
Current Planning
City of Fort Collins
281 N. College Ave.
Fort Collins, CO. 80521
RE: Old Town North- Standard Modification Request
Dear Troy,
This letter represents an official request for a modification to the City of Fort
Collins Land Use Code under Division 3.5 of the code. The code modification or
interpretation requested is for Article 3.5.2, paragraph D, sub -paragraph (2), which
states:
Set back from Non -arterial Streets. Minimum setback of every residential building
and of every detached accessory building that is incidental to the residential
building from any public street right -of —way other than an arterial street right-of—
way shall be fifteen (15) feet; except that in any zone district other than R-1, U-E
and L-M-N Districts, a minimum front yard setback of seven (7) feet shall be
permitted for attached housing with rear vehicle access and parking.
This request is for a modification waiving the minimum allowable setback of
fifteen (15) feet for residential buildings..
Background
The site is located west of the proposed extension of Redwood, north of the
Lake Canal, and east of College Avenue. The site is approximately 40 acres
and is being designed to provide single family housing that would meet the
stated definition of affordable housing as defined by the City code.
Affordable Housing Unit for Sale shall mean a dwelling unit which is
available for purchase on terms that would be affordable to households
earning eighty(80) percent or less of the median income of city residents,
as adjusted for family size, and paying less than thirty-eight (38) percent of
their gross income for housing, including principal, interest, taxes, and
insurance, utilities, and homeowner's association fees. The unit must be
occupied by and affordable to such low income households) for a period
of not less than twenty (20) years.
As proposed the project would include 138 single family homes (105 in
phase 1; 33 in Phase 2) plus a second housing type which would include
118 single family attached homes (110 in phase 1; 8 in phase 2). 80 units
within the development will be priced to meet the guidelines established by
Mr. Troy Jones
Old Town North Modification
Page 2
minimum of 10% of the units will meet the city of Fort Collins
requirements for affordable housing.
Advances the public interest and would not be detrimental to the public good
As identified in the Fort Collins policy " Priority Affordable Housing Needs and
Strategies" which was adopted on February 2nd of this year, Fort Collins Highest
priority should be affordable housing.. According to City Plan Policy HSG-2.2
which states "The City will support and encourage the private development of
affordable housing by offering incentives, and reducing local government barriers to
the construction of additional units." it is anticipated that the City will assist the
developer in keeping the project affordable by "reducing local government
barriers" that may impede the "affordability" of housing within Old Town North.
The proposed project (Old Town North) would provide exactly the type of
neighborhood desired as part of this policy. With accelerating housing costs, the
availability of housing for low to moderate income housing is becoming more
scarce within the city. Without new affordable housing projects like Old Town
North many people in Fort Collins will not be able to buy there own homes. By
providing affordable housing, Old Town North advances the interests of the public
good by allowing those who could not afford the benefits of home ownership a
chance to own their own home.
Due to Old Town North's status as a proposed affordable housing project, without
the modification, the development would lose density which would inhibit the
ability of the developer to maintain the affordability crucial to the successful
implementation of affordable housing. We feel that it is in the public interest to
develop the affordable housing being proposed in this project.
Thank you for your consideration of this modification
Sincerely,
bha design inc. by
Russell Lee
May 17, 2001
Mr. Troy Jones
Current Planning
City of Fort Collins
281 N. College Ave.
Fort Collins, CO. 80521
RE: Old Town North- Standard Modification Request
Dear Troy,
This letter represents an official request for a modification to the City of Fort
Collins Land Use Code tinder Division 3.5 of the code. The code modification or
interpretation requested is for Article 3.5.2, paragraph D, sub -paragraph (3), which
states:
The minimum side yard setback for all residential buildings and for all detached
accessory buildings that are incidental to the residential building shall be five (5)
feet from the property line. If a zero lot line development plan is proposed, a single
six-foot minimum side yard is required..
This request is for a modification waiving the minimum allowable side yard setback
of five feet (5). The plan proposes a four foot (4) side yard setback instead
of five feet (5).
Background
The site is located west of the proposed extension of Redwood, north of the
Lake Canal, and east of College Avenue. The site is approximately 40 acres
and is being designed to provide single family housing that would meet the
stated definition of affordable housing as defined by the City code.
Affordable Housing Unit for Sale shall mean a dwelling unit which is
available for purchase on terms that would be affordable to households
earning eighty(80) percent or less of the median income of city residents,
as adjusted for family size, and paying less than thirty-eight (38) percent of
their gross income for housing, including principal, interest, taxes, and
insurance, utilities, and homeowner's association fees. The unit must be
occupied by and affordable to such low income household(s) for a period
of not less than twenty (20) years.
As proposed the project would include 138 single family homes (105 in
phase 1; 33 in Phase 2) plus a second housing type which would include
118 single family attached homes (110 in phase 1; 8 in phase 2). 80 units
within the development will be priced to meet the guidelines established by
the State of Colorado affordable housing requirements. As well, a
N
Ms. Anne =i. Aspen
Communit} Planning K Em ironmental Scn ices
Cite of Fort Collins
Re: North Flats Modifications of Standards Requests
Page 2
different relationship to the alley. it has been explained to the applicants that this is due to drainage
issues identified in the previous approval. Since the pertinent relationship of carport to actual alley
is the same for the confict area as it &sewnere within the project. where no conflict exists it would
seem that the standard has been satisfied equally well.
Related to the second request it should be noted that the carports, in the conflict area will be
located over the top of an access. utlity and drainage easement. Engineering, in the preliminary
design review comments has indicated that it is possible for a carport to de located over this
easement as long as all utilities agree as the primary purpose for the easement is to accommodate
Stormwater. They go on to indicate that a small portion of the easement could be vacated to
accommodate columns used to support the carports. The repiat. as submitted for this project
proposes such a vacation for the columns.
I1 is respectfuily requested that a Modification of Standards be granted for these two requests.
Drawings were enclosed with the PDP submittal iliustra;ing the conditions mentioned above. If you
have any questions or require any additional information please feel free to contact me.
Sincerely,
Greg D. Fisher. Architect
XC: David Mills — Millhaus.:rc.
October 30, 2006
Ms. Anne H. Aspen
Community Planning
& Environmental Services
City of Fort Collins
P.O. Box 580, 281 'North College Avenue
Fort Collins. CO 80522-0580
Re: North Flats — Modification of Standards
Dear Anne.
G R E G D. FISH
ER, ARCHITECT
This letter is intended to serve as a request for a review of :w- ivlodiflcaticis of Standards of the
City of Fort Collins Land Use Code for the North Flats project located it Old Town North
Subdivision.
The first request relates to section 3.8.19(7) of the Land Use Code (LUC). which limits open
outside stairway projection into a setback to 51. According to the approved plan for Old Town North.
a front setback of 9' is required along Biondel Street. This setback overlaps a matching 9' utility
easement. The proposed project contains open stairways serving the upper level residential units
within this area. It s requested that these open stairways be allowed to project into the front
setback and ccrrespondirg utility easement a max;rnunm a` nine (9; feet. G-ounds for this would be
that the plan as submitted will promote the general purpose of the standard equally well or better
than would a plan whicn complies with the standard. Relative to the setback issue. the stairways
are constructed of steel stringers and treads wi the railings consisting of expanded metal mesh in
steel angle frame. Thus. the stairs wil be very open and unobtrusive and will provide a sort of
modern brownstone front step.QFect which wT be very pedestrian f�ierdly. Relative tc the utility
easement issue, these stairways will be designed and constructed to be bolted to the side of the
buildings making them easily removed. With the stairways removed uninterrupted use of the
easement will be provided in the unlikely event utility work needs to be performed in the easement
rather than having a permanent stair blocking 5' of an easement. The only actual utilities located it
the easement are Xce' gas lines. The developer for the project has met with Xce' representatives
regarding this matter and they have indicated t,at the stairways are acceptable within the
easement provided tha: they are designed to be detachable. A letter from Xcel representatives is
attached indicating this.
The second request relates to section 3.8.19(6) of the LUC, which limits eaves tc a ro ection of 2
'/' into a required setback. According tc the approved plan for Old Towr North, a setback of ' is
required at the alley rigrt of ways. It is requested that the carports at the rear of buildings E & G be
allowed to cantilever into this setback a distance of 6' ather than 2 Grounds for this would be
that the plan as submitted will promote the general purpose of the standard equally well or better
than would a plan which complies with the standard. The relationship between the carports and the
alley in the area of the setback conflict is the same relaborship as it is elsewhere in the project
where there is no conflict. The difference in the conflict area is that _he alley right of way line has a
31 1 3 CIY13E ST. - FORT COLLINS, COLORADO 80524 - PHONE 970.484.8431 • FAX 970.484.2229
Ms. Anne H. Aspen
Community Planning & Environmental Services
City of Fort Collins
Re: North Flats Modifications of Standards Requests
12/5/6
Page 4
Why can the standard not be met:
The standard cannot be as all of the infrastructure for the project (streets, walks and utilities) are
currently in existence and were installed based on the previously approved plans, which had been
designed around and contained the same setback modifications as being requested with this
application.
As basis for the existing design the previous MOS for Old Town North stated:
During the processing of the Old Town North Subdivision, 25 percent (25%) of the site was
removed from development due to floodplain, natural resource and detention requirements.
Modifying this standard previously allowed the developer to achieve the density required in order
to ensure the project could retain its affordability. Without the density achieved through the
modification the goal of creating affordable single family housing units would not have been
financially feasible.
What problems may result from modifications of the standard:
There are no problems that would result from the Modification of Standards and certainly there
would be no greater problem with the North Flats project than there would have been with the
previously approved Old Town North project.
It is respectfully requested that a Modification of Standards be granted for this request. Drawings
were enclosed with the PDP submittal and the resubmittal illustrating the conditions mentioned
above. If you have any questions or require any additional information please feel free to contact
me.
Sin rely,
Greg D. Fisher, Architect
XC: David Mills — Millhaus, Inc.
Ms. Anne H. Aspen
Community Planning & Environmental Services
City of Fort Collins
Re: North Flats Modifications of Standards Requests
12/5/6
Page 3
4. Staff agrees with the applicant that a modification to this standard would allow the
developer to achieve the density required in order to ensure the project retains its
affordability. Staff finds that the granting of modification request#1 would substantially
address an important community need defined in adopted policy.
5. Old Town North Subdivision is located in the C-C-N District. This district is a direct
outgrowth of the North College Avenue Corridor Plan. One of the goals of the plan is to
"Increase residential development with housing types consistent with the overall vision of
the plan." The vision of the plan for residential development is stated in policy LU-3 as "A
diversity of housing types should be encouraged to locate in the appropriate areas
throughout the corridor'. Also in the plan under the title Neighborhood Mixed Use District,
the plan calls for "Higher density residential development with opportunities for
neighborhood retail and services incorporated into development projects such as small lot
single family..." Old Town North meets these stated goals.
6. The Fort Collins Land Use Code permits single family residential units 6,000 s.f. or under
as a permitted use subject to administrative review. Old Town North meets this
requirement.
The code also requires that single family housing shall have a minimum density of 5
DU/AC. Old Town North meets this density standard.
8. Old Town North meets the stated goals of the North College Avenue Corridor Plan as well
as meets the other requirements of the Fort Collins Land Use Code.
While it seems the basic sound judgment of granting the previous MOS under subparagraph (2) of
Section 2.8.2(H) remains true with the North Flats proposal, some reasons previously cited are
now out of date due to LUC changes. Therefore, it would seem subparagraph (4) (nominal and
inconsequential) would be the better argument for the current project.
Supporting this, North Flats, as proposed will diverge from the LUC only in a nominal,
inconsequential way when considered from the perspective of the entire development plan of Old
Town North and for the North College Plan and will maintain consistency with all of the other single
family attached dwellings approved for the remainder of Old Town North. As well, North Flats will
continue to advance the purposes of the Land Use Code as contained in Section 1.2.2 of the LUC.
Particularly, advancing the purposes of subparagraphs (A), (B), (C), (F), (G), (H), (1), (J), (L) and
(M).
It would seem unjust and inconsistent to require a project, within a much larger development to
abide by more restrictive setbacks than the rest of the development simply because the project
was reprocessed at a later time.
Ms. Anne H. Aspen
Community Planning & Environmental Services
City of Fort Collins
Re: North Flats Modifications of Standards Requests
12/5/6
Page 2
Find 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
(2) the granting of a modification from the strict application of any standard would, without
impairing the intent and purpose of the Land Use Code substantially alleviate an existing
defined and described problem of citywide 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.
It appears that the previous MOS for Old Town North was granted based on subparagraph (2)
above based on the following statements in the previous approval and application:
The applicant proposes attached housing with rear vehicle access, and is not in the UE,
RL or LMN zone, therefore the required minimum front yard setback is 9 feet. The code
does not however specify that this reduction applies to side yard setbacks along the non -
arterial streets. The applicant is therefore requesting a modification to this standard to
reduce the side yard setback along non -arterial streets for single family attached dwellings
with rear vehicular access from the required 15 feet setback to a proposed 9 feet setback.
Staff finds that the granting of modification request #1 would not be detrimental to the
public good, because the modification request does not adversely affect the 9 foot wide
utility easement along the residential streets.
Another common sense reason why the modification is a good idea is to allow the
buildings to maintain the same setback character on both the front and side street facing
facades. Since the front yard setback is 9 feet, it would make sense to allow the street
facing side yard to also have a 9 foot setback.
December 5, 2006
Ms. Anne H. Aspen
Community Planning
& Environmental Services
City of Fort Collins
P.O. Box 580, 281 North College Avenue
Fort Collins, CO 80522-0580
Re: North Flats — Modification of Standards Request
Dear Anne,
.1Fj,SHER, ARCHITECT
This letter is intended to serve as a request for a review of a Modifications of Standards (MOS) of
the City of Fort Collins Land Use Code (LUC) under section 3.5.2(D)(2) for the North Flats project
located in Old Town North Subdivision. This section of the code states:
Setback from Non -arterial Streets. Minimum setback of every residential building and of every
detached accessory building that is incidental to the residential building from any public street
right-of-way other than an arterial street right-of-way shall be fifteen (15) feet. Setbacks from
garage doors to the nearest portion of any public sidewalk that intersects with the driveway
shall be at least twenty (20) feet.
This request is for a modification reducing the minimum allowable building setback of fifteen (15)
feet minimum to nine (9) feet for both the front and side yards of the subject project.
Background:
The North Flats project is located in the heart of the previously approved and largely constructed
Old Town North Subdivision. The North Flats piece of Old Town North is voluntarily undergoing a
new PDP process based on Staffs recommendation, in the Staff Project Review letter of June 21,
2006 and the applicants desire for a "clean" review process. While the applicant agrees that the
selected process has likely been "cleaner" the need for this particular MOS would not have
occurred if the project were not reprocessed as a new PDP.
According to the previously approved documents for Old Town North, front and side yard setbacks
of 9' were approved for all attached single family lots. Since North Flats is really a piece of the
single family attached subset of the larger Old Town North project, one must really consider North
Flats within the context of the design and approval process for Old Town North. Therefore, many of
the statements contained in the remainder of this request are taken from the previously approved
request for the same MOS processed with Old Town North.
Justification:
In order for a project to be granted a Modification of Standards, the project must meet the criteria
required for the Decision Maker to justify a modification request. Specifically, as indicated in
Section 2.8.2(H) of the LUC, the Decision Maker must:
3115 CLYDE ST. • FORT COLLINS, COLORADO 80524 • PHONE 970.484.8433 • FAX 970.484.2229
NORTH FLATS1~_�
At.. Old .Town North
Planning Objectives - G� E r E R, A R C H I T E- C T
North Flats is a 40 unit attached dwelling project designed in a modem character and incorporating
green principles to -be located within the previously. approved Old Town North developments
The project will consist of 8 buildings each containing-5 dwelling units; 3 on the -ground level and 2
on the second level. Of the 5 units, 4 will be two -bedroom units and 1 will be one -bedroom units.
_Each unit will be.provided with a covered carport.
The 3 ground floor units will be designed to be handicap adaptable or Type B units per the Uniform
Building Code. In parallel to the PDPISubdivision• process a review by the Building Review Board
will be requested to seek, relief from the requirements of -Fort Collins amendment*33 to the
Uniform Building Code Section 1103.1..9.1, that would require an accessible carport parking stall for
each accessible unit. It will be proposed that each building include an accessible carport parking •
stall rather than each unit. Should this proposal not be successful the carports will be eliminated .
from the project.
This project will serve to continue the quality development occurring in 0ld Town North and will
provide the citizens of Fort Collins with a housing option that is modern and fresh in styling and.
green in its -intent. It is interesting tonote that each unit will be provided with an electric scooter in
an attempt to encourage residents to decrease their. use of gas powered automobiles..ln addition to
the scooters, residents will be provided with a scooter battery charging station that is powered by
solar energy.
The primary infrastructure for the project, including streets, alleys, walks, utilities and street lighting
,has been previously completed with the Old Town North project and will remain intact. The reason
for the PDP/Subdivision application is to revise the previously approved plans from 8 buildings,
consisting of 4 attached dwelling units each with their own respective lotto 8 buildings consisting of.
5 condominium units with each• building on a lot rather than each unit.
This site is presently zoned CCN _Community Commercial — North College District and it is
intended that•this project abide by the requirements of this district as well as the.entire Land Use
Code in general. Modification of Standards will be, requested to allow removable stairways to be
placed within the utility easement at the front of the upper level units, to allow the carports to
overhang a drainage. easement and to reduce the width -of the alley driveway width requirement
from 24' to 23';
This site is under the ownership of Millhaus; Inc. a Fort Collins development company and the
project will be financed by Bank'of Choice Colorado.
It is anticipated that the entire project would be constructed in a single phase. Construction would
begin immediately upon City approval of the project and would be complete in a period of
approximately one year. .
d
3115 CLYDE ST. • FORT COLLINS, COLORADO 80524 • PHONE 970.484.8433 • FAX 970.484.2229
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Old Town North, North Flats — PDP:and Modifications. of Standard, Type.l #28-99D-1:
December 19, 2006 Administrative Hearing:
Page 7
4. Findings of Fact / Conclusion: , : • . ..
A. Multi -family dwellings are permitted in the CCN zone district, subject to an
administrative hearing. )
,....T .:. . ......................... �... ................ .
B. This PDP complies with the General .Development Standardsras swell as
the applicable District Standards with;.three-exceptions,. one for.setbacks.•
and two for features within setbacks.. ,.: - • ;
C. The applicant has submitted concurrent, requests •for modifications of the:
setback and features within setbacks standards.
STAFF RECOMMENDATION:
Staff recommends approval of the North Flats Project.Development Plan and
Modification of Standards, Type I #28-99D with the following condition:
A minor amendment to the approved Old Town North plans must be
obtained to reduce density in the rest of the Old Town North plan to
account for the additional density proposed,in this:project: )
ATTACHMENTS:
Zoning Exhibit
Full sized plan set
Applicant's 3 Requests for Modification ; )
Background documents for setback modification -request`
Old Town North Modification Request
Old Town North ODP and Modification Staff Report dated 6/21/01
Old Town North ODP, PDP and Modification Staff!Report Supplemental Memo, .
dated 6/21/01
,
III" i:ill lit If Nall I!f 1('ll'1)t=11'"1111-' 1•1111 1'J..^1""1
Old Town North, North Flats — PDP. and Modifications. of Standard,,Type l #28-99D,.:,,.
December 19, 2006 Administrative Hearing
Page 6
2) Orientation to a Connecting Walkway::AILentrances.face,an adequate . ...::..:........ .
connecting walkway.
3) Residential Building Setbacks, Lot width and size: The project does not. '
meet the setback requirements from•a�non=arterial;street:: ,The applicant -
has submitted a request for a modification,offithis standard: sThe originally
approved Old Town North plan showed.reducedssetbacks,as well.:_That.1 _.....
developer successfully sought a modification, based on two sections of,
the code that are no longer extant in the code.. They also made a case .
that this modification would allow for_•greater,,density and would therefore
make it feasible to provide affordable,housing, and thus address a city-
wide need. While this developer is not technically proposing affordable
housing, the project is intended to be attainable. The proposal does not
deviate further from the standards than the originally approved plans and
is in keeping with the setbacks of the rest of the Old, Town North plan.
The applicant proposes that this modification would have a. nominal and
inconsequential impact. Staff concurs.
E. 3.8 Supplemental Standards
1) Features allowed within setbacks: Due -to the site's constrained,infill- - 1 1.. � I -
nature, two of these standards are,not�achieved:.•One standard. requires
five feet of setback for open outside -stairs., The other4limits eave ,
projection into right-of-way to 2 %Meet:.3he: applicant: has -submitted
concurrent requests for modifications of standard based on Section 2.8.2
(H)(1), that it promotes the purpose of the standard equally well or better.
In regard to the stairs, the applicant: proposes a bolted.stair that can be ;
removed in the event that utility work needs to be'performed. .The:
applicant has coordinated with the: -utilities on -this and -,they -have indicated
no concerns.
:.; _
In regard to the eave, the applicant proposes that carports be allowed to
cantilever into the 8-foot alley setback.by;six;feet;:¢rcan-additional,'3:%z;,
feet beyond what is allowed by code-behind-buildings-E-and-G.
conflict arises because a drainage issue alters the rightIm-of-way lines -
behind these two buildings. Stormwatecd.epartment,,staff-has-agreed:that'--�--
the carports will not impede the stormwater: drainage -of this area and; has .,
no concerns about vacating the small amount of easement that would be
needed for the posts on the carports.
Old Town North, North Flats — PDP and Modifications of Standard, Type I #28-99D
December 19, 2006 Administrative'Hearing
Page 5
compact spaces on the alleys behind the building. 1 The drive aisles of the
alleys, as constructed using the narrow street) standard no longer in use,.
combined with the tight existing site that the developer, is working with
leaves the drive aisle a foot shy of standards contained in LCUASS.
Since this alley is public right of way, it.is:not-subject:to:the Land Use'.
Code modification process but the Engineering,variance-process. A
variance to this standard was submitted to the Engineering Department,
showing compact spaces widened by one foot over the standard eight -
foot width, which allows drivers sufficient room to. maneuver. easily -into.'
the parking spaces along the alley. The vadance-was approved
subsequent to a site visit by the development review project engineer and
planner. �.
3) Site Lighting [Section 3.2.4] Levels: Lighting levels have been reviewed
by staff. Fine-tuning will take place during Final Plan review. Design
Standards: Parking spaces, are lit with appropriate lumen readings from
the proposed fixture.
B. 3.3 Engineering Standards =.,. ......:.:...
1) Plat Standards [Section 3.3.1] General Provisions: A plat -was submitted
with this development. All lots have vehicular'access to.a public street
and interconnectivity of streets wa's=achieved `with the, Old Town° North
ODP and PDP. Rights -of -way andeasements have been properly
dedicated.
:! i . ,i :. 1 .. , ....., . • . .
2) Development Improvements [Section 3.3.2] All required improvements
have been adequately described for hearing. A letter of intent has been
provided to the City from Xcel (attached),for the Instances where the
trash enclosures are over the gas line: ...
C. 3.5 Building Standards
1) Building and Project Compatibility .The: architecture-character.of. this•area .
is not definitively established. The-proposed,modem, architecture-sets'an'•
enhanced standard of quality in this up-and-coming area which is near .
downtown and North College Avenue: Noteworthy in: the�design_of these:
attainable residences is the generous supplybf useable+outdoor'spaces:
The modem style of architecture will be a welcome addition to the variety
of architectural styles represented in Fort Collins: ' Building'materials and
colors are appropriate for this context.
Old Town North, North Flats — PDP and Modifications of Standard, Type I #28-99D'
December 19, 2006 Administrative Hearing
Page 4
c. The North Flats proposal captures the essence of downtown living
with its pedestrian -friendly building placement, massing, alley -
loading, and generous functional outdoor amenities like patios,
balconies and dog -washing stations.
d. Building setbacks are minimized to within 15 feet of the sidewalks,
pending a modification request:r- + -
e. Facades provide significant variety with numerous recesses, '
projections, and a variety of windows and finishes. The
contemporary architecture will be a welcome addition to the
variety of architecture represented'in Fort Collins.
3. Compliance with General Development Standards
Applicable General Development Standards:
A. 3.2 Site Planning and Design Standards
1) Landscaping and Tree Protection [Section 32.1] Landscaping and .Tree.
Protection: The PDP provides full tree stocking on the street frontages
and landscaping throughout the project. Street trees were selected and
will be planted according to code, with the.proper sepa for -
parkways. Landscape area treatment All areas that are'not paved or
hardscaped are planted with turf, omamental grassesior shrub plantings: +
Landscape notes on the plan indicate proper.edge treatment and
mulching. Trash enclosures and outdoor storage areas are screened
with walls and plantings. Privacy between buildings is established with
trellises covered with wisteria.
2) Access, Circulation and Parking [Section 3.2.2] Safety Considerations:
There is a continuous sidewalk network throughout:the,proposed
development. Curbcuts and ramps: Adequate curb cuts and ramps are.
provided in the proposed plan. Access: Unobstructed access to'alloff-
street parking has been provided. Lighting::Adequate.parking lighting
has been provided with a full cutoff fixture., Required, Number of Off-.
street Parking Spaces: The 8 one -bedroom -units•require 12 spaces and -
the 32 two -bedroom units require 56 spaces for a grand total of 68
spaces, three of which must be ADA accessible: A.total:.of.74:spaces'.is
provided with this plan, exceeding the required amount by four spaces.
Thirty-four standard spaces are provided on Blondel Street and the
sections of Cajetan Street which are within:the project as allowed in
Section 3.2.2 (K)(1)(b). Eight ADA accessible parking spaces are
provided in the alley, one per building. The remaining 32 spaces are
Old Town North, North Flats — PDP and Modifications of Standard, Type I #28-99D
December 19, 2006 Administrative Hearing
Page 3
2. Compliance with Applicable Community Commercial — North College
District Standards
Applicable District Standards:
A. Permitted Uses: Multi -family dwellings are, permitted in the CCN
Community Commercial = North College District subject to a Type I
(Administrative) review.
B. Applicable Standards of the CCN.= Community.Commercial North
College District:
1) Land Use Standards [Section 4.15 (D)]:
a. At 28.3 dwelling units per net acre, the project exceeds the
minimum density of five dwelling units per net acre. The density
proposed for North Flats is higher than approved for these same
parcels within the Old Town North plans. A minor amendment is
needed to transfer some density from Old Town North to this
project so that the overall density of Old Town North remains the
same. This minor amendment has not been completed yet, so
staff recommends this as'a condition of approval.'
b. The proposed project is two stone"s'tall, well below the maximum
of five stories..
2) Development Standards [Section 4.15 (E)]: This development proposal
complies with the applicable standards contained in the Standards and
Guidelines for the North College, Avenue Corridor as follows:
a. This project fits into a piece of-the'.larger,-context-of Old Town
North, which was designed with inferconriected streets, alleys and ;
pedestrian connections to the North College area. Streets,'alleys,
and sidewalks for this project are existing. Streets are designed
for functional on -street parking. The project is public alley -loaded.
Sidewalks are'54eetwide•with-a 6400twide parkway:
b. With their mix off housing appropriate to the downtown location and
focus on more -urban architecture; Old, Town North .and this. project
in particular form a district that reflects the most positive` aspects of
its community context. Given the demographic that this project is
being marketed to, it is very likely to add activity to the downtown
area beyond the workday.
Old Town North, North Flats — PDP and Modifications of Standard, Type I #28-99D
December 19, 2006 Administrative Hearing
Page 2
EXECUTIVE SUMMARY:
Multi -family dwellings are permitted in the CCN zone.district, subject to an
administrative hearing. This PDP complies with the applicable General Development
standards and the standards of the Community Commercial — North College District,
with three exceptions, one for setbacks and two for features allowed within setbacks, for
which modifications are sought. There is one condition of approval suggested to
account for a minor amendment needed to the Old Town North plan for a shift in density
from Old Town North to this project. The applicant for North Flats is coordinating with
the Old Town North developer and will submit a minor amendment application shortly.
Since the project is subject a Type I review and since there was no known controversy,
a neighborhood meeting was not held for this project.
COMMENTS
1. Background
The surrounding zoning and land used are as follows:
N: CCN—Community Commercial — North College District —Existing residential
and residential under construction (Old Town North) with CCN— Community
Commercial (vacant land) beyond;
W: CCN—Community Commercial — North College District —Existing residential
and residential under construction (Old Town North) with CN—Commercial
North College District (existing businesses along N.'College) beyond;
S: CCN—Community Commercial — North College District —Existing residential
and residential under construction (Old Town North) with CCR— Community
Commercial and POL—Public Open Lands beyond;
E: CCN—Community Commercial -North College District --Existing residential
and residential under construction (Old Town North) with LMN—Low. Density
Mixed -Use Neighborhood District and I —Industrial District (existing industrial
uses and vacant land) beyond.
These parcels were the subject of a previously approved plan, Old Town North (#28-
99). The previously approved plans showed eight buildings with 4 attached dwelling
units each, with each unit on its own lot. This plan proposes eight buildings with five
units each, with each building on its own lot.
ITEM NO. III
MEETING DATE�isj'1
N STAFF AmeA 1
Citv of Fort Collins HEARING OFFICER
STAFF REPORT
PROJECT: Old Town North, North Flats — PDP and Modifications of Standard,
Type I #28-99D
APPLICANT: Greg Fisher
Greg D. Fisher, Architect
3115 Clyde Street
Fort Collins, CO 80524
OWNER: David Mills
Millhaus, Inc.
116 N. College Ave., Suite 5
Fort Collins, CO 80524
PROJECT DESCRIPTION:
The proposed North Flats project is a 40-unit multi -family dwelling development located
within the Old Town North development on replatted parcels that front Blondel Street.
The property proposed for development is four half -blocks totaling 1.55 acres
(67,706sf). If approved, this plan will replace the plan previously approved within the Old
Town North Project Development Plan. The previously approved plans showed eight
buildings with 4 attached dwelling units each, with each unit on its own lot. This plan
proposes eight buildings with five units each, with each building on its own lot. The
property is zoned CCN—Community Commercial — North College District.
The applicant is concurrently requesting three modifications, one for each of the
following standards:
• 3.5.2 D(2) — Setbacks from Nonarterial Streets
• 3.8.19 A(6) — Features allowed within setbacks
• 3.8.19 A(7) — Features allowed within setbacks
RECOMMENDATION: Staff recommends approval of the PDP and the modifications
with one condition.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO.80522-0580 (970) 221-6750
PLANNING DEPARTMENT