HomeMy WebLinkAboutMODIFICATION OF STANDARD - OLDE TOWN NORTH - 28-99 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSdesign
Mr. Bob Blanchard
Olde Tow_ n 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 2nd 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
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SEP 0 8 1999 D
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 modificationwaiving 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
'x
INTERPRETATION
The Land Use Code is clear that the 40% limitation on residential development
applies to the each distinct geographical area zoned CCN (there are two areas in
the North College Avenue area zoned CCN). Therefore, if one developer
receives Final Plan approval for a residential development that covers 40% of
the geographically distinct zoned area, the remainder of the area will be limited
to the other permitted uses listed in the Code. The timing of the approval for this
calculation is the date the Director makes a final determination and approves the
Final Plan. The principle to be applied is "first in time, first in right."
DocMinterpretatio ns\1-98
r
Commusy Planninc, and Environmental&vices
Current Planning
City of Fort Collins
TO: Interested Parties
FROM: Bob Blanchard
Current Planning Director
DATE: November 30, 1998
SUBJECT: Administrative Interpretation #1-98
NOTE: Changes to the Land Use Code made subsequent to this
administrative interpretation may change the validity of this
interpretation.
BACKGROUND:
Division 4.15 of the Land Use Code, the Community Commercial — North College
zoning district (CCN), provides for all types of residential uses as permitted uses.
However, the Land Use Standards [Section 4.15(D)(1)] limits the amount of the
zoning district that can be developed as residential:
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 fortv (40) percent of the
eographically distinct district area (emphasis added).
Two questions have been posed for interpretation:
How is the 40% determined? If the first developer.comes in with all single
family detached and it represents the entire 40% of the district, and then
the second developer comes in with all single family detached, how is the
determination made as to whether the second developer gets to have any
single family detached?
Using the scenario outlined above, when is the first developer considered
to have rights to the full 40%? Does this occur at vested rights at the time
of approval of the Final Plan, approval by P&Z, administrative approval (if
applicable) of the Project Development Plan, at the time the project is
submitted for Conceptual Review, ODP (if applicable) or when the PDP
application is submitted?
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (9; 0) '_21-b; 50 • FAX (970) 416r2020
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C. Granting the requested modification 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, namely "affordable housing."
D. The plan as submitted meets the modification criteria in the following ways:
The project, should it proceed, has been identified by the City as an
affordable housing project which addresses an important community need
identified by the City.
The proposed project has received funding from the State Division of
Housing with the condition that the project meet the City's definition of
affordable which will address an important community need identified by the
City, namely, affordable housing.
The granting of the modification will provide an opportunity to benefit the
public good by providing an incentive for an affordable housing project to
proceed.
6. RECOMMENDATION:
A. Staff recommends approval of the modification request to Section 4.15(D)(1) of
the LUC for the Olde Town North project, File No. 28-99.
link between the commercial areas and surrounding residential areas. This designation
is only for areas identified for its application in the North College Corridor Plan.
The location of this property is clearly on the fringe of the North College Avenue
commercial corridor. In fact, its western boundary directly abuts the CN — Commercial,
North College Zoning District. Through the development review process and the
application of the criteria contained in Article 3 of the Land Use Code, transitional areas
and linkages will be provided between the commercial corridor, the proposed development
and the existing residential to the east.
The granting of the modification 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 that is specifically and expressly defined and described
in City Plan. On February 2, 1998, City Council adopted the Fort Collins "Priority
Affordable Housing Needs and Strategies." This document identified affordable housing
as Fort Collins' highest priority. In addition, City Plan principles and policies support this
modification:
Principle HSG-1: A variety of housing types and densities will be available
throughout the urban area for all income levels.
This project, if approved, will provide two types of affordable housing — single family
detached and carriage houses.
Principle HSG-2: The City will encourage the creation and expansion of affordable
housing opportunities and preservation of existing housing stock.
This project, if approved, will expand the availability of affordable housing in Fort
Collins.
Policy HSG-2.2: 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.
While this policy refers to the development of policy and process incentives, the
granting of this modification could be considered an incentive to affordable housing
since this project will not likely occur unless the predictability offered by the
modification is provided.
5. FINDINGS OF FACT/CONCLUSION:
A. The request for a modification to Land Use Code Section 4.15(D)(1) of the LUC
is subject to review by the Planning and Zoning Board.
B. Granting the requested modification would neither be detrimental to the public
good nor impair the intent and purposes of this Land Use Code.
•
the such property, provided that such difficulties or hardship are not caused by the
act or omission of the applicant.
3. APPLICANT'S REQUEST
The applicant is requesting that the requirement contained in the CCN - Community
Commercial, North College District that requests single family development to 40% of the
geographically distinct district area be modified for the proposed project. While the size of
this project is only approximately 31 % of this particular CCN area (this CCN district is
approximately 129 acres in size, the project is approximately 40 acres in size), a
modification to this requirement protects the proposed project from being adversely
affected should another single family project be submitted and ultimately approved prior to
their approval.
The applicants submittal relies on the following criteria:
The granting of the modification would neither be detrimental to the public good nor
impair the intent and purposes of this Land Use Code; and that:
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 and existing, defined and
described problem of city-wide concern, and the strict application of such a standard
would render the project practically infeasible.
The proposed project meets the City's definition for affordable housing. Review by the
Advanced Planning Department verifies this (see Attachment 3). In addition, the proposed
project has received funding from the State Division of Housing with the condition that the
project meet the City's definition of affordable.
4. EVALUATION OF MODIFICATION REQUEST
The granting of the modification request would not be detrimental to the public
good. The CCN zoning district allows single family as a permitted use subject to
administrative review. The Fort Collins "Priority Affordable Housing Needs and Strategies"
(adopted 2/2/98), identified affordable housing as Fort Collins' highest priority. By
providing this need to the community, this modification request would enhance the public
good.
The granting of the modification request would not impair the intent or purposes of
the LUC. The purpose of the Section 4.15 of the LUC, the CCN zoning district states:
The Community Commercial — North College District is for fringes of retail/commercial
core areas and corridors. This District is intended for moderate intensity uses that are
supportive of the commercial core or corridor, and that help to create a transition and a
Because of this interpretation, the applicant decided to pursue a modification to ensure.
that if a separate application was made for a single family development in the same CCN
zoning district , they would be guaranteed a right to pursue their project.
2. MODIFICATION REQUEST
(1) Division 2.8 MODIFICATION OF STANDARDS
This is a request for a modification of Land Use Code Section 4.15(D)(1):
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 (emphasis added).
Specifically, a modification is being requested to the requirement limiting single family
housing to a maximum of forty (40) percent of the geographically distinct district area (see
Attachment 2). The geographically distinct district area referred to in the Code represents
each individual area zoned CCN.
Section 2.8 of the Land Use Code, Modification of Standards, outlines the review criteria to
be used by the Planning and Zoning Board. It indicates that the Planning and Zoning
Board shall grant a modification of standards only if it finds that:
The granting of the modification would neither be detrimental to the public good nor
impair the intent and purposes of this Land Use Code; and that:
The plan as submitted will advance or protect the public interests and purposes 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,
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 and. existing, defined and
described problem of city-wide concern, and the strict application of such a standard
would render the project practically infeasible, or,
By reason of exceptional physical conditions or other extra -ordinary 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
The applicant intends to submit a project development plan for 300 single family homes
and 30 carriage homes. These homes will all meet the City's definition of affordable
housing.
COMMENTS
1. BACKGROUND
The 40 acre property is located west of the proposed extension of Redwood, north of the
Lake Canal and east of North College Avenue. The property is zoned CCN — Community
Commercial, North College District. The surrounding zoning and land uses from the
proposed project development plan are as follows:
N: CCN: Vacant, Conifer Street
W: CN: Commercial development, North College Avenue
S: 'CCN: Industrial development, East Vine Drive
E: LMN: Redwood Street, Redwood Village
This property was annexed into the City as the 3`d East Vine Drive Annexation in
November, 1967.
Early discussions regarding this project raised issues regarding the 40% limitation for
single family development. Concerns were expressed about the effect of competing
applications: i.e. If two applications were being processed at the same time, would it
become a "race" to.see who got approval first. The impact of this is that whoever did not
receive approval would have expended significant amounts of time and money in a project
that ultimately could not be approved.
In November, 1998, the applicant requested a formal interpretation of Section 4.15 (D)(1)
of the Land Use Code. Two questions were asked:
How is the 40% determined? If the first developer comes in with all single family
detached and it represents the entire 40% of the district, and then the second
developer comes in with all single family detached, how is the determination made
as to whether the second developer gets to have any single family detached?
Using the scenario outlined above, when is the first developer considered to have
rights to the full 40%? Does this occur at vested rights at the time of approval of the
Final Plan, approval by P&Z, administrative approval (if applicable) of the Project
Development Plan, at the time the project is submitted for Conceptual Review, ODP
(if applicable) or when the PDP application is submitted?
The interpretation was that if one developer receives Final Plan approval for a plan that
covers 40% of the zoned area, the remainder of the area will be limited to other permitted
uses. The timing of the approval for purposes of this calculation is the date the Director
approved the Final Plan (see attached interpretation, Attachment 1).
ITEM NO. 3
<w „ MEETING DATE 10/21/99
STAFF Bob Blanchard
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Modification of a Standard for Olde Town North, #28-99
APPLICANT: Bruce Hendee
BHA Design
4803 Innovation Dr
Fort Collins, CO 80525
OWNER: Monica Sweere
Palladian Construction Company
PO Box 270053
Fort Collins, CO 80527
PROJECT DESCRIPTION: The applicant proposes to build a qualified affordable housing
project on approximately 40 acres located west of the proposed extension of Redwood,
north of the Lake Canal and east of North College Avenue. The property is zoned CCN —
Community Commercial, North College District. The proposed project would include 300
single family homes. 30 of the single family lots would also include carriage homes.
RECOMMENDATION: Staff recommends approval of the modification request.
EXECUTIVE SUMMARY: This is a request for a modification of Land Use Code Section
4.15(D)(1):
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.
Specifically, a modification is being requested to the requirement limiting single family
housing to a maximum of forty (40) percent of the geographically distinct district area. The
geographically distinct district area referred to in the Code represents each individual area
zoned CCN.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT
Planning and Environmental, &vises .
Advance Planning Department
City of Fort Collins
October 4, 1999
MEMORANDUM
TO: Bob Blanchard, Current Planning Director
FM: Ken Waido, Chief Planner X�V'
RE: Old Town North - Affordable Housing Project
The purpose of this memorandum is to verify that the proposed Old Town North development
proposal is an affordable housing project. This project has received a commitment of financial
assistance from the Colorado Division of Housing. The Division of Housing's subsidy will carry a
condition that units be affordable to families with incomes less than 80% of the Area Median
Income (AMI) in accordance with the definition and standards for affordable housing contained in
the Fort Collins City Code.
If have any questions, or need additional information, please feel free to contact me.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6376
FAX (970) 224-6111 • TDD (970) 224-6002 • E-mail: aplanning@dJort-collins.co.us
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