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HomeMy WebLinkAboutMODIFICATION OF STANDARD - OLDE TOWN NORTH - 28-99 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTE U design Mr. Bob Blanchard Olde Town North Modification Page 4 based on a single family concept and requires single family housing in order to be viable. Financing available from the state is contingent upon the property being built as designed. Under the current code, vesting does not occur until the final mylars are complete. If the 40% limitation on single family applies to the entire C-C-N Zone, the possibility exists that Olde Town North would proceed with full documentation with their project as a single family project only to find at the end of their project that another project had previously been approved that would preempt the rights for single family development. The risk involved is for the developer to pay full design and engineering costs for a specific site for an uncertain outcome. Please note that this is only likely to occur if "geographically distinct district area " means" the entire C-C-N Zone District and there are two concurrent projects being reviewed by the City. In the scenario outlined, both projects would be proceeding through review and both would have single family projects that would, taken together, exceed the 40% maximum within the C-C-N District. This level of risk is unacceptable to any financial partners for the project and especially the state. For this reason, if the current limitation is not waived, the project would be infeasible. Simply stated, the project cannot be funded without the waiver, or in the alternative, an interpretation that the Olde Town North Project constitutes its own "geographically distinct area" within the C-C-N Zone District. We appreciate your consideration of this matter and would be happy to present our case before the Planning and Zoning Board. Sincerely, A inc. by endee. ASLA President cc: Monica Sweere design Mr. Bob Blanchard Olde Town North Modification Page 3 priority should be affordable housing. The proposed project (Olde 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 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's 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. Olde Town North meets both of these guidelines. For the first criteria, the granting of a modification would not be detrimental to the public good. Conversely, it would be to the benefit of the public good by providing a much needed housing type that would meet a need stated by the City as being a top priority. Secondly, Olde Town North would meet a need of the City that is best exemplified through the policy adopted on February 2' stating the need for affordable housing. Additionally the project would not be feasible if a strict application of the standard is enforced. The reason the project would not be feasible is based on financing and risk. As the code is currently written it is not clear whether the 40% limitation on single family residential applies to the entire C-C-N Zone district. The Land Use Code does not specifically define the term " geographically distinct area." The C-C-N Zone is larger than this project, and incorporates additional property to the north of the site. The proposed project is design Mr. Bob Blanchard Olde Town North Modification Page 2 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 300 single family homes plus a second housing type which would include 30 Carriage homes to be located on the single family lots. Homes would be priced to meet the guidelines established by the City for affordable housing. In fact, the project has received financial support from the state of Colorado pending the successful adoption of this modification. 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 2' of this year, Fort Collins Highest 1m T SEP 0 8 1999 September 7, 1999 Mr. Bob Blanchard Current Planning Director City of Fort Collins 281 N. College Ave. Fort Collins, CO. 80521 RE: Olde Town North- Standard Modification Request Dear Bob, This letter represents an official request for a modification to the City of Fort Collins Land Use Code under Division 2.8 of the code. The code modification or interpretation requested is for Article 4.15, paragraph D, sub -paragraph (1), which states: Single-family, two family, and multi family housing shall have a minimum density of five(5) dwelling units per net acre calculated on a gross residential acreage basis for any development project. Single family housing shall be limited to a maximum of forty (40) percent of the geographically distinct district area. This request is for a modification waiving the maximum allowable percentage of forty (40) percent for single family homes or, in the alternative, an interpretation that the "Olde Town North" property constitutes a "geographically distinct area" within the C-C-N zone district. The modification requested would waive this requirement. 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