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HomeMy WebLinkAboutRIGDEN FARM 5TH FILING, LOT 1 REPLAT, RIGDEN LOFTS AT SETTLER'S GREEN - PDP - 56-98AT - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSSincerely, 2863 Sitting Bull Way Jeremy and Mary Siemers 2851 Sitting Bull Way Matt and Jennifer Siwicke 2839 Sitting Bull Way Shane and Sharon Basinger 2827 Sitting Bull Way Joe and Dolores Daniels 2815 Sitting Bull Way Jim and Susan Riphahn 2803 Sitting Bull Way Rick and Karen Ellerby ************************************************************************ Please contact me if you have additional comments or concerns to express or would like more information on the development review process. At such time an Administrative Public Hearing is scheduled for the Rigden Lofts at Settler's Green, Project Development Plan - (Planning & Zoning Department file #56-98AT) you will be notified by letter from this office, which will be mailed at least 2 weeks prior to the date of the public hearing. Sincerely, Steve Olt, Project Planner Phone: (970)221-6341 E-mail: solt ,fcgov.com cc: Cameron Gloss, Director of Planning & Zoning Dana McBride, McBride Homes Inc. Planning & Zoning file #56-98AT 2 The Rigden Farm Filing S, Settler's Green PDP, as approved and recorded, allows S multi family dwelling units on Lot I adjacent to Rigden Parkway and Custer Drive. Whether the multi family units of the proposed single-family detached units are constructed, the access to the on -site garages and/or surface parking must be from the alley behind the units. The placement and setbacks for the proposed garages are presently being evaluated with the Rigden Lofts at Settler's Green - Project Development Plan, being a Replat of Lot 1 of Rigden Farm Filing 5, Settler's Green PDP. In the event of another heavy winter, snow removal will also be problematic. Since public alleys are not plowed by the city, the height and density of the proposed structures will block the sun for melting, and there are not any open areas available to push snow to, it is difficult to imagine what can happen to insure the eleven residents and emergency vehicles have access to the homes. Is there any assistance the city can provide? The height and density of the proposed single-family detached dwellings would not create any more of an adverse impact on potential snow melt in and along the alley than would a 5 plex multi family building that is already approved and could be constructed. Another question we share is that of street parking. Our neighborhood has limited street parking as it is. Sitting Bull Way is narrow (45') and parking is allowed on only one side. None of the eleven residences have driveways that accommodate parking, and there is only one extra parking space existing. There are not auxiliary lots for parking in the neighborhood other than the barn lot, which is only available for short-term parking and if the barn is not reserved for a function. Again contrast this to the other alley which although the same width has 15 extra off alley and driveway parking spaces. All of which provide extra room to maneuver. The proposed S single-family detached dwellings, each to contain 3 bedrooms, must provide at least 2 parking spaces for each unit on -site. They will be doing this in the 2-car garages for each unit. Public street parking in any neighborhood in the City of Fort Collins is intended for additional or guest parking for residential uses and is provided on a first come -first serve basis. We do appreciate the fact that Mr. McBride has purchased the subject lot with the desire to design something new and innovative and exciting for our neighborhood. We would welcome the opportunity to work with him to resolve the issues we have outlined in this letter. There are many possible designs that could be both compatible and innovative. We thank the planning department for the opportunity to express our thoughts and questions. We are looking forward to leaning more about our questions and concerns. 5 The project proposes five 2.5 story houses. Placirg�five such tall, narrow structures so close together would seem to have a dwarfing effect on the existing structures and open space presently surrounding the project. The project (as you face it with your back to Timberline) is located directly behind the round -about, to the left of the historic farm house, barn and open space, to the right of the existing one story and two story La Grange project and it's open space, and directly in front of our 2 story houses. The applicant, Dana McBride, is proposing 5 single-family detached houses on 5 separate lots. The houses are proposed to be 2.5 stories, or 33, in height, with steeply pitched roofs from their eaves at 18' to 24' above grade (depending on the side of the house) up to the peaks of the roofs at 33'. The permitted 5 plex multi- family building could be up to 2.5 stories in height and could equal or slightly exceed the 33' as proposed by this developer. Also, it could be one single mass building with a consistent roofline at whatever height might be proposed. City staff and the developer are currently in the City's development review process, which contains Project and Compatibility standards, as well as Residential Building standards that are being evaluated with this development request. Ultimately staff will take a recommendation to an Administrative Hearing Officer, based on the requirements set forth in the City's Land Use Code, for a decision on the proposal. In addition to the density and height of the proposed project there is the question of architectural compatibility. The design is basically five tall narrow buildings with the 3ra floor roof line cut diagonally to produce 2.5 story contemporary loft residences. No basements are planned so the entire 1700 square feet of living space for each home is above the ground. The applicant, Dana McBride, is proposing 5 single-family detached houses on 5 separate lots. The houses are proposed to be 2.5 stories, or 33 ; in height. The houses are approximately 48' in length and 22' wide. The entire 1, 734 square feet of living space is proposed to be in the 2.5 stories above grade. The 6 existing homes on Sitting Bull Way are 2 stories in height, with the height in feet being 28' to 30'. The amount of living space above grade in these 6 houses ranges from 1,453 to 1,914 square feet (based on City Building Permit records). As previously stated, this request is currently in the development review process, with the site planning and houses being evaluated against the Project and Compatibility standards, as well as Residential Building standards of the Land Use Code. Each house is also to have a 2-car garage in the back accessing the public alley. The public alley is also of concern to us. What is the code requirement for turning radius on driveways? This project will place eleven 2-car garages on an alley that is 17.5 feet wide, 240 feet long and crescent shaped. Compare this to the other public alley behind the even numbered side of Sitting Bull Way which is also 17.5 feet wide, 650 feet long and has nineteen 2-car and eight 1-car garages on it, and is not crescent shaped. Accessing the garages will be tricky at best. 4 The project proposed by Mr. McBride would construct 5 individual houses of 1700 sq' each on the subject lot which is .27 acre in total. Mr. McBride refers to these structures as "small houses." In fact they are larger in square footage than some of our homes on Sitting Bull Way. In order to accomplish his design the buildings each need to be 2.5 stories tall and placed very close together side -to -side. They will also stretch from back to front covering almost the entire land space. The only green space left will be a small yard on the front side of the structures. Because of the crescent shape of the lot the buildings will fan out from the back to the front. Although there is a minimal space between the buildings it will be visually lost because of the fan shape It is correct that Mr. McBride is proposing 5 individual houses containing 1, 734 square feet each on lots ranging from 2,093 square feet to 3,122 square feet in size. The size of these proposed houses are less than the 2,198 square feet to 3,007 square feet in the houses (including basements, based on City Building Permit records) that exist on Sitting Bull Way, across the alley, and are located on lots ranging from 3,893 square feet to 4,734 square feet in size. The house sizes referenced in both cases do not include garages. The 5 new houses will be 6' apart at the fronts and fan out to I P apart at the backs, near the alley. They will be set back 20'to 35' from the front property lines/back of sidewalk along the street and they will be set back 6' to 10' from the edge of the alley (because they are not square to the alley). The existing houses on Sitting Bull Way appear to be set back 9' to 15' from the back of sidewalk along the street and 6' to 10' from the alley (based on aerial photography available on the Larimer County Assessor's website). Several of the existing homes have detached garages, thus creating small interior yards between the houses and the garages. Also, they would appear to be 10'to 15' apart. All dwelling units in Settler's Green are permitted to have 6' garage door setbacks from alleys. We understand that our filing was designed for urban density. Looking at the subject lot we question if there is space available for five separate utility taps. What is the density ruling and is there a possibility that we have already met the requirements? Currently in our filing there are two 5 units, 24 houses, and 10 carriage houses making a total of 44 residences. Not all of the carriage houses have been permitted as separate residences at this time, however they were built with the understanding that they could be permitted. The current development review process will help City staff and the applicant determine if space is available for 5 separate utility taps and how they would be provided, if able. The current "density ruling"for Rigden Farm Filing 5, Settler's Green PDP, as stated on the recorded Site Plan for the development, is a "Total of 39 to 54 Units (Depends on # of Lofts) ". This allowance is for all Lots I through 27 of the recorded development plan. It would appear, therefore, that at least 10 additional dwelling units can be constructed in Settler's Green. The allowance, up to 54 units, will occur on a first come -first serve basis. 3 Steve Olt: City Planner City of Ft Collins Planning and Zoning Board 281 N. College Ft Collins, CO 80525 July 1, 2007 Dear Mr. Olt: This letter comes to you in regard to the proposed plat change for Lot 1 located in Rigden Farm Settlers' Green Filing and bordered by Custer Drive, Rigden Drive and the public alley behind the odd numbered side of Sitting Bull Way. The six residents who currently own and reside in the houses also bordering the public alley have met with Mr. Mc Bride and viewed his proposed plans for development of the lot. We have also met as a group to discuss our thoughts regarding his proposal. As a result of these discussions we would like to share with the planning department some of our concerns and questions. We want to begin by saying that all of us were informed at the time we built our homes that the subject lot had been zoned for a multi -family 5 unit structure and was to be "something like" the one already built on the corner of DesMoines and Rigden by Bob Hand, our developer. The exact plan had not been approved because the structure needed to be modified for the unusual shape of the subject lot. The change that is being proposed is significantly different from the communicated design in both density and style. It is correct that Lot I of Rigden Farm Filing 5, Settler's Green PDP is currently approved for a 5-unit multi family residential building. The recorded Site Plan document that City staff is charged with enforcing does state: Lot I - 5 Plex ...No building permit will be granted for construction on any multi family lot until the architectural elevations, site, landscape & utilityplans for such construction have been approved by the Director. To date, no exact plan for a 5 plex multi family building on Lot I has been submitted for review by City staff. Recently an architect/developer has submitted a Site Plan and Subdivision Plat for the purpose of subdividing Lot 1 into 5 individual lots containing single-family detached dwellings. It is unclear to City staff what the previously communicated design and style for the approved 5 plex multi family building would look like because none has been reviewed; however, the residential density on Lot 1, or Lots 1 - 5 if approved with the replat, would be identical because the size of the 'parcel of land" containing 5 dwelling units would not change. The parcel is 0.27 acres (11,778 square feet) in size, resulting in a residential density of 18.5 dwelling units per acre, whether there are 5 single- family detached units or 5 multi family units. P] Comm",aity Planning and Environments_ services Current Planning City of Fort Collins July 24, 2007 Rick and Karen Ellerby 2803 Sitting Bull Way Jim and Susan Riphahn 2815 Sitting Bull Way Joe and Dolores Daniels 2827 Sitting Bull Way Shane and Sharon Basinger 2839 Sitting Bull Way Matt and Jennifer Siwicke 2851 Sitting Bull Way Jeremy and Mary Siemers 2863 Sitting Bull Way Dear Residents of Sitting Bull Way, Following are City staff responses (in italics) to the letter received from the 6 residences south and west of Sitting Bull Way regarding the Replat of Lot 1 of Rigden Farm Filing 5, Settler's Green PDP, now known as Rigden Lofts at Settler's Green, Project Development Plan - (Planning & Zoning Department file #56-98AT). The applicant, Dana McBride, has submitted a Project Development Plan to the City that contains a request to replat Lot 1 of Rigden Farm Filing 5, Settler's Green into 5 individual lots for the purpose of constructing 5 single-family detached houses instead of the previously approved (and recorded) 5-plex multi -family building. The proposed Project Development Plan is a pending application (submitted on June 5, 2007), subject to an Administrative (Type 1) Review by City staff and affected outside service agencies. It has been through one round of City staff review. Staff comments have been forwarded to the applicant. An Administrative Public Hearing could likely be scheduled for sometime in late August or early September, 2007. The request is a quasi-judicial review, subject to the requirements set forth in the City's Land Use Code, with an assigned Hearing Officer being the decision maker. Any decision by the Hearing Officer may be appealed to City Council. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Water's Edge at Richard's Lake, Project Development Plan, #58-86J September 21, 2006 Planning and Zoning Board Public Hearing Page 15 Staff recommends approval of the request for a modification of the standard in Section 4.5(E)(3) - Maximum Residential Building Height of the Land Use Code. Staff recommends approval of the Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - Project Development Plan - #56-98AT. Water's Edge at Richard's Lake, Project Development Plan, #58-86J September 21, 2006 Planning and Zoning Board Public Hearing Page 14 • The standard located in 3.5.2(D)(3) - Side and Rear Yard Setbacks. The plan as submitted does not fully satisfy this section of the LUC. The applicant submitted a request for a modification of this standard. Staff has determined that the proposed rear yard building setbacks in the development plan as submitted for the 5 single-family detached dwelling units are the same as on the previously approved plan, being 6' from the public alley ROW. Staff finds that the granting of the modifications would not be detrimental to the public good and that the plan as submitted will promote the general purpose of the standards for which the modifications are requested equally well than would a plan which complies with the standards for which modifications are requested. C. The Replat of Lot 1, Rigden Farm 51h Filing, Settler's Green (Rigden Lofts @ Settler's Green) - Project Development Plan complies with all applicable Land Use and Development Standards contained in ARTICLE 4 - DISTRICTS, Division 4.5 Low Density Mixed -Use Neighborhood, with the following exception: • The standard located in Section 4.5(E)(3) - Maximum Residential Building Height. The maximum height of single-family dwellings shall be 2.5 stories. The City's LUC definition of a half story is a space under a sloping roof which has the line of intersection of the roof and wall face (knee wall) not more than 3' above the floor level. The applicant is proposing a 5' knee wall on one side of the building and 0' on the other side, instead of the required 3'. Staff finds that the granting of the modifications would not be detrimental to the public good and that the plan as submitted will promote the general purpose of the standards for which the modifications are requested equally well or better than would a plan which complies with the standards for which modifications are requested. RECOMMENDATION: Staff recommends approval of the alternative compliance plan to the standard in Section 3.2.3. Solar Access, Orientation, Shading of the Land Use Code. Staff recommends approval of the request for a modification of the standard in Section 3.5.2(D)(2) - Setback from Nonarterial Streets of the Land Use Code. Staff recommends approval of the request for a modification of the standard in Section 3.5.2(D)(3) - Side and Rear Yard Setbacks of the Land Use Code. Water's Edge at Richard's Lake, Project Development Plan, #58-86J September 21, 2006 Planning and Zoning Board Public Hearing Page 13 B. The Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - Project Development Plan meets all applicable standards as put forth in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of the LUC, including Division 3.2 - Site Planning and Design Standards; Division 3.3 - Engineering Standards; Division 3.5 - Building Standards; and, Section 3.6 - Transportation and Circulation, with the following exceptions: • The standard located in Section 3.2.3(B) - Solar -Oriented Residential Lots. The plan as submitted does not satisfy this section of the LUC. The applicant has submitted a request for approval of an alternative site layout that is being substituted for a plan meeting the standards, per Section 3.2.3(E) of the LUC. In evaluating the applicant's alternative compliance request, staff has determined that the ability to provide the required number of solar oriented lots is limited due to an established street, alley, and lot layout that were previously approved with the Rigden Farm 5th Filing, Settler's Green PDP. The number of lots in compliance equals 40%, which does not meet the minimum requirement of 65%; however, the applicant is committing to making available to homeowners architectural designs that provide solar -oriented rooftop surfaces capable of supporting a solar collector or collectors capable of providing for the anticipated hot water needs of the residence on the single family lots that do not meet the definition of a "solar oriented lot". Therefore, staff has determined that the alternative compliance request and plan accomplishes the purposes of this Section equally well than a plan which complies with the standards of Section 3.2.3(B) and that the alternative design enhances neighborhood continuity and connectivity, fosters nonvehicular access on the site. • The standard located in Section 3.5.2(D)(2) - Setback from Nonarterial Streets. The plan as submitted does not fully satisfy this section of the LUC. The applicant submitted a request for a modification of this standard. Staff has determined that the setbacks in the development plan as submitted for the single-family detached dwelling units on Lots 1 & 5, bounded by Custer Drive to the south and Rigden Parkway to the west, conform to the previously approved Rigden Farm 5th Filing, Settler's Green PDP. Building setbacks on the previously approved plan are 9' from Rigden Parkway and Custer Drive ROW's. Staff finds that the granting of the modifications would not be detrimental to the public good and that the plan as submitted will promote the general purpose of the standards for which the modifications are requested equally well than would a plan which complies with the standards for which modifications are requested. Water's Edge at Richard's Lake, Project Development Plan, #58-86J September 21, 2006 Planning and Zoning Board Public Hearing Page 12 (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant, or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2." The applicant has proposed that the modifications of the standards would not be detrimental to the public good and that it meets the requirements of Section 2.8.2(H)(1) of the LUC. Applicant's Request: See Applicant's request, attached to this Staff Report, for a modification of this standard. Staffs Evaluation: In evaluating the proposed modification of the standard set forth in Section 4.5(E)(3) — Maximum Residential Building Height, staff has determined that the innovative and creative single-family building structures, with varying roof pitches and heights because of the proposed knee wall heights of 5' on one side and 0' on the other, are consistent in size, scale, and mass with other single-family detached structures in the area. Staff finds that the granting of the modifications would not be detrimental to the public good and that the plan as submitted will promote the general purpose of the standards for which the modifications are requested equally well or better than would a plan which complies with the standards for which modifications are requested. 5. Findings of Fact/Conclusion: A. The Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - Project Development Plan contains uses permitted in the LMN - Low Density Mixed -Use Neighborhood Zoning Districts, subject to an administrative review and public hearing. Water's Edge at Richard's Lake, Project Development Plan, #58-86J September 21, 2006 Planning and Zoning Board Public Hearing Page 11 This proposal complies with the purpose of the LMN District as it is an infill project (approximately 0.27 acre in size) that provides single-family detached dwellings on a property that is entirely surrounded by developed properties containing residential uses. There is existing single-family residential (Rigden Farm, Settler's Green) to the north and east, existing single-family residential (Rigden Farm 6th Filing) to the south, and existing multi -family residential (Rigden Farm) to the west. Section 4.5(D) Land Use Standards The proposal satisfies the applicable land use standards in the LMN - Low Density Mixed -Use Neighborhood Zoning District. Section 4.5(E) Development Standards The proposal satisfies the applicable development standards in the LMN — Low Density Mixed -Use Neighborhood Zoning District, with the following exception: • The standard located in Section 4.5(E)(3) - Maximum Residential Building Height. The maximum height of single-family dwellings shall be 2.5 stories. The City's LUC definition of a half story is a space under a sloping roof which has the line of intersection of the roof and wall face (knee wall) not more than 3' above the floor level. The applicant is proposing a 5' knee wall on one side of the building and 0' on the other side, instead of the required 3'. A request for a modification of this standard has been submitted for review. As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Planning and Zoning Board may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good, and that: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested, or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or Water's Edge at Richard's Lake, Project Development Plan, #58-86J September 21, 2006 Planning and Zoning Board Public Hearing Page 10 D. Division 3.6 - Transportation and Circulation Section 3.6.2. Streets, Streetscapes, Alleys and Easements The proposal satisfies the requirements set forth in this section. Section 3.6.4. Transportation Level of Service Requirements The proposal satisfies the applicable Transportation Level of Service standards (see the attached Traffic Impact Study), including the following: General Standard. This development proposal satisfies Section 3.6.4(B), which requires that all development plans adequately provide vehicular, pedestrian and bicycle facilities necessary to maintain the adopted transportation Level of Service standards contained in Part II of the City of Fort Collins Multi -Modal Transportation Level of Service Manual for the following modes of travel: Motor vehicle, bicycle and pedestrian. 4. ARTICLE 4 - DISTRICTS A. Division 4.5 - Low Density Mixed -Use Neighborhood District Single-family detached dwellings are permitted in the LMN - Low Density Mixed -Use Neighborhood Zoning District, subject to an administrative (Type 1) review. The LMN District is: Intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this district shall be arranged to form part of an individual neighborhood. Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed -Use Neighborhood with a Neighborhood Commercial Center at its core. Water's Edge at Richard's Lake, Project Development Plan, #58-86J September 21, 2006 Planning and Zoning Board Public Hearing Page 9 strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. " The applicant has proposed that the modifications of the standards would not be detrimental to the public good and that it meets the requirements of Sections 2.8.2(H)(1) & (4) of the LUC. Applicant's Request: See Applicant's request, attached to this Staff Report, for modifications to these standards. Staffs Evaluation: In evaluating the proposed modifications of the standards set forth in Section 3.5.2(D)(2) - Setback from Nonarterial Streets and Section 3.5.2(D)(3) - Side and Rear Yard Setbacks, staff has determined that the setbacks in the development plan as submitted for the 5 single-family detached dwelling units bounded by Custer Drive to the south, Rigden Parkway to the west, and a public alley to the north and east conform to the previously approved Rigden Farm 5th Filing, Settler's Green PDP. Building setbacks on the previously approved plan are 9' from Rigden Parkway and Custer Drive ROW's and 6' from the public alley ROW. Staff finds that the granting of the modifications would not be detrimental to the public good and that the plan as submitted will promote the general purpose of the standards for which the modifications are requested equally well than would a plan which complies with the standards for which modifications are requested. Water's Edge at Richard's Lake, Project Development Plan, #58-86J September21, 2006 Planning and Zoning Board Public Hearing Page 8 Building Size, Height, Bulk, Mass, Scale. The proposed buildings will be similar in height and massing to the existing single family buildings in the area. The building massing will be broken up with substantial wall plane variations and varying roofline directions and heights. Building materials. The structures and building materials will be constructed and painted utilizing colors that are complementary in value and hue to the existing buildings in the area. Section 3.5.2. Residential Building Standards The proposal satisfies Residential Building Setbacks, Lot Width and Size standards, with the following exceptions: • The standard located in Section 3.5.2(D)(2) - Setback from Nonarterial Streets. The plan as submitted does not fully satisfy this section of the LUC. The applicant has submitted a request for a modification of this standard with regards to the proposed building setbacks on Lots 1 and 5 from Rigden Parkway and Custer Drive rights -of -way (ROW). The setbacks would be 9' instead of the required 15'. • The standard located in Section 3.5.2(D)(3) - Side and Rear Yard Setbacks. The plan as submitted does not fully satisfy this section of the LUC. The applicant is proposing 6' rear yard building setbacks from the public alley ROW instead of the required 8' setback. A request for a modification of this standard has been submitted for review. As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Planning and Zoning Board may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good, and that: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested, or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the Rigden Farm 5th Filing, Settler's Green, Replat of Lot 1 (Rigden Lofts @ Settler's Green) - Project Development Plan - #56-98AT September 5, 2007 Administrative Public Hearing Page 7 Stafrs Evaluation: In evaluating the applicant's alternative compliance request, staff has determined that the ability to provide the required number of solar oriented lots is limited due to an established street, alley, and lot layout that were previously approved with the Rigden Farm 5th Filing, Settler's Green PDP. The number of lots in compliance equals 40%, which does not meet the minimum requirement of 65%; however, the applicant is committing to making available to homeowners architectural designs that provide solar - oriented rooftop surfaces capable of supporting a solar collector or collectors capable of providing for the anticipated hot water needs of the residence on the single family lots that do not meet the definition of a "solar oriented lot". Therefore, staff has determined that the alternative compliance request and plan accomplishes the purposes of this Section equally well than a plan which complies with the standards of Section 3.2.3(B) and that the alternative design enhances neighborhood continuity and connectivity, fosters nonvehicular access on the site. B. Division 3.3 - Engineering Standards Section 3.3.1. Plat Standards The proposal, which includes a replat of Lot 1 of Rigden Farm 5th Filing, Settler's Green, complies with the general plat requirements as set forth in this section. Section 3.3.5. Engineering Design Standards The project complies with design standards, requirements and specifications for services as stated in this section of the LUC. C. Division 3.5 - Building Standards Section 3.5.1. Building and Project Compatibility The Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - PDP satisfies all applicable Building and Project Compatibility standards, more specifically: Architectural Character. The proposed buildings will be 2.5 stories in height (or up to 34' as measured in feet), similar to the existing single-family and multi- family buildings in the existing developments to the west, east, south, and north. They will reflect the proportions and roofline articulation of existing single-family residential buildings in the area. Rigden Farm 51h Filing, Settler's Green, Replat of Lot 1 (Rigden Lofts @ Settler's Green) - Project Development Plan - #56-98AT September 5, 2007 Administrative Public Hearing Page 6 In approving an alternative plan, the decision maker shall find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than a plan which complies with the standards of this Section. In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative design enhances neighborhood continuity and connectivity, fosters nonvehicular access, and preserves existing natural or topographic conditions on the site. A "solar -oriented lot', as defined by the LUC, is as follows: Solar -oriented lot shall mean: (1) a lot with a front lot line oriented to within thirty (30) degrees of a true east -west line. When the lot line abutting a street is curved, the "front lot line" shall mean the chord or straight line connecting the ends of the curve. For a flag lot, the "front lot line" shall mean the lot line that is most parallel to the closest street, excluding the "pole portion of the flag lot"; or (2) a lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within thirty (30) degrees of true north along said line; or (3) a corner lot with a south lot line oriented to within thirty (30) degrees of a true east -west line, which south lot line adjoins a public street or permanently reserved open space; provided, however, that the abutting street right-of-way or open space has a minimum north -south dimension of at least fifty (50) feet. For the purposes of this definition, "permanently reserved open space" shall include, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space. Applicant's Request: See Applicant's alternative compliance request attached to this Staff Report. Rigden Farm 5th Filing, Settler's Green, Replat of Lot 1 (Rigden Lofts @ Settler's Green) - Project Development Plan - #56-98AT September 5, 2007 Administrative Public Hearing Page 5 The proposal satisfies the applicable Landscaping and Tree Protection standards, including the following: Street trees. The existing street trees are in accordance with Section 3.2.1(D)(2)(a), providing trees at 30' to 40' on -center in the parkways (between curb and sidewalk) along the adjacent collector streets, being Rigden Parkway and Custer Drive. Section 3.2.2. Access, Circulation and Parking The proposal satisfies the applicable Access, Circulation and Parking standards, including the following: Direct On -site Access to Pedestrian and Bicycle Destinations. The development proposal satisfies the standard set forth in Section 3.2.2(C)(6) in that the on -site pedestrian and bicycle circulation system is designed to provide for direct connections to major pedestrian and bicycle destinations. Required number of parking spaces. Section 3.2.2(K)(1) sets forth minimum parking requirements for residential land uses. The development proposal satisfies the parking requirements set forth in the LUC for the residential uses in this project. • The required 2 parking spaces for each of the 3-bedroom single-family detached dwellings will occur in attached garages on the lots. Section 3.2.3. Solar Access, Orientation, Shading The proposal does not satisfy the requirement set forth in Section 3.2.3(B) pertaining to "solar -oriented lots". A total of 5 single-family detached residential lots on the Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - PDP are subject to this section of the LUC that requires a minimum of 65% of the lots that are less than 15,000 square feet in size (in single-family and two-family residential development) conform to the definition of a "solar -oriented lot" in order to preserve the potential for solar energy usage. Only 2 of the total of 5 lots, or 40%, meet the intent of the LUC. The applicant has submitted a request for approval of an alternative site layout that is being substituted for a plan meeting the standards, per Section 3.2.3(E) of the LUC. The decision maker is authorized to approve an alternative site layout that may be substituted in whole or in part for a plan meeting the standards in this Section. The Review Criteria is as follows: Rigden Farm 5th Filing, Settler's Green, Replat of Lot 1 (Rigden Lofts @ Settler's Green) - Project Development Plan - #56-98AT September 5, 2007 Administrative Public Hearing Page 4 The Rigden Farm 5th Filing, Settler's Green PDP was approved by the Director of Planning on September 6, 2001 for 39 - 63 units (depending on the # of lofts) on 4.5 gross acres. There are 24 single-family detached units, 6 tri-plex units, and 5 five-plex units. There could be up to 28 loft units in the development. The subject property is Lot 1 of the approved Rigden Farm 5th Filing, Settler's Green PDP and was approved for a 5-plex residential building. The Settler's Green, Des Moines Drive PDP (part of Rigden Farm 5th Filing, Settler's Green) was approved as a Minor Amendment to the development plan on July 6, 2002 for 39 - 54 units (depending on the # of lofts) on 4.5 gross acres. There are 24 single- family detached units, 6 tri-plex units, and 5 five-plex units. There could be up to 19 loft units in the development. The subject property is Lot 1 of the approved Settler's Green, Des Moines Drive PDP and was approved for a 5-plex residential building. GENERAL PROJECT DESCRIPTION 2. ARTICLE 2 - ADMINISTRATION Section 2.2.2. Step 2: Neighborhood Meetings The proposed development is for single-family detached dwellings, which are permitted uses in the LMN - Medium Density Mixed -Use Neighborhood District, subject to an administrative (Type 1) review and public hearing. The LUC does not require that a neighborhood meeting be held for development proposals that are subject to an administrative review. There was no City -sponsored neighborhood information meeting held for the Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - PDP development proposal. However, the applicant has held several meetings with neighbors. 3. ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS The Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - PDP does not meet all of the applicable standards in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of the LUC. Of specific note are Division 3.2 - Site Planning and Design Standards; Division 3.3 - Engineering Standards; Division 3.5 - Building Standards; and, Division 3.6 - Transportation and Circulation. Further discussions of these particular standards follow. A. Division 3.2 - Site Planning and Design Standards Section 3.2.1. Landscaping and Tree Protection Rigden Farm 5th Filing, Settler's Green, Replat of Lot 1 (Rigden Lofts @ Settler's Green) - Project Development Plan - #56-98AT September 5, 2007 Administrative Public Hearing Page 3 Single-family detached dwellings are permitted in the Low Density Mixed -Use Neighborhood (LMN) District, subject to an administrative (Type 1) review. The LMN District is: Intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this district shall be arranged to form part of an individual neighborhood. Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed -Use Neighborhood with a Neighborhood Commercial Center at its core. This proposal complies with the purpose of the LMN District as it is an infill project (approximately 0.27 acre in size) that provides single-family detached dwellings on a property that is entirely surrounded by developed properties containing residential uses. There is existing single-family residential (Rigden Farm, Settler's Green) to the north and east, existing single-family, residential (Rigden Farm 6th Filing) to the south, and existing multi -family residential (Rigden Farm) to the west. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: LMN; existing single-family residential (Rigden Farm) S: LMN; existing single-family residential (Rigden Farm) E: LMN; existing single-family residential (Rigden Farm) W: LMN; existing multi -family residential (Rigden Farm) The property was annexed into the City as part of the Rigden Farm Annexation on August 16, 1988. Rigden Farm 5th Filing, Settler's Green, Replat of Lot 1 (Rigden Lofts @ Settler's Green) - Project Development Plan - #56-98AT September 5, 2007 Administrative Public Hearing Page 2 • Standards located in Division 3.2 - Site Planning and Design Standards; Division 3.3 - Engineering Standards; Division 3.5 - Building Standards; and, Division 3.6 - Transportation and Circulation of ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS; • Standards located in Division 4.5 Low Density Mixed -Use Neighborhood (LMN) District of ARTICLE 4 - DISTRICTS. The Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - PDP proposal does not comply with the following requirements in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of the LUC: • The standard located in Section 3.2.3(B) Solar -Oriented Residential Lots. The plan as submitted does not satisfy this section of the LUC. Only 2 of 5 lots (40%) subject to the solar -oriented lot requirement are defined as "solar -oriented lots". The applicant has submitted an alternative compliance request for review. • The standard located in Section 3.5.2(D)(2) - Setback from Nonarterial Streets. The plan as submitted does not fully satisfy this section of the LUC. The applicant has submitted a request for a modification of this standard with regards to the proposed building setbacks on Lots 1 and 5 from Rigden Parkway and Custer Drive. • The standard located in Section 3.5.2(D)(3) - Side and Rear Yard Setbacks. The plan as submitted does not fully satisfy this section of the LUC. The applicant is proposing 6' rear yard building setbacks from the alley instead of the required 8' setback. A request for a modification of this standard has been submitted for review. The Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - PDP proposal does not comply with the following requirement in ARTICLE — DISTRICTS, Division 4.5 Low Density Mixed -Use Neighborhood (LMN) of the LUC: • The standard located in Section 4.5(E)(3) - Maximum Residential Building Height. The maximum height of single-family dwellings shall be 2.5 stories. The City's LUC definition of a half story is a space under a sloping roof which has the line of intersection of the roof and wall face (knee wall) not more than 3' above the floor level. The applicant is proposing a 5' knee wall on one side of the building and 0' on the other side, instead of the required 3'. A request for a modification of this standard has been submitted for review. ITEM NO. MEETING DATE STAFF48nDrd.l.eN, tD Citv of Fort Collins HEARING OFFICER STAFF REPORT PROJECT: Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - Project Development Plan (PDP) - #56-98AT APPLICANT: Dana McBride Homes, Inc. c/o Dana McBride 1510 Hillside Drive Fort Collins, CO. 80524 OWNERSHIP: Dana McBride Homes, Inc. 1510 Hillside Drive Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request for a replat of Lot 1 into 5 single-family detached dwelling units, instead of the previously approved 5-plex multi -family residential building, to be constructed on the 0.27 acre parcel. The residential density will not change for Lot 1 or the overall Settler's Green development plan. There will be 5 separate buildings, each containing 1,734 square feet of habitable floor (and possibly uninhabited basement space for storage) and 3 bedrooms. The buildings will be 2.5 stories high, with varying roof heights up to 34 feet. The proposed project is located at the northeast corner of Custer Drive and Rigden Parkway, right on the roundabout, in the Rigden Farm mixed - use development. Access to the attached garages for the residences will be from the alley along the north and east sides of the property. The property is zoned LMN, Low Density Mixed -Use Neighborhood. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - PDP proposal complies with applicable requirements of the Land Use Code (LUC), more specifically: • the process located in Division 2.2 - Common Development Review Procedures for Development Applications of ARTICLE 2 - ADMINISTRATION; COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT