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HomeMy WebLinkAboutRIGDEN FARM 5TH FILING, LOT 1 REPLAT, RIGDEN LOFTS AT SETTLER'S GREEN - PDP - 56-98AT - DECISION - FINDINGS, CONCLUSIONS & DECISIONN N .wt-w&, l JT A- LAIAJ_ 22Y�( �rw1rH l LN �o_y��-92s8 J.6 ► '.� ©G . NCq- 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 10 Dated — `i - 0 Claire B. Levy Hearing Officer 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 9 permitted in the LMN - Low Density Mixed -Use Neighborhood Zoning Districts. 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 in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of the Land Use Code with the following exceptions: 1. The standard located in Section 3.2.3(B) - Solar -Oriented Residential Lots. 2. The standard located in Section 3.5.2(D)(2) - Setback from Nonarterial Streets. 3. The standard located in 3.5.2(D)(3) - Side and Rear Yard Setbacks. The Project has been rendered compliant with the above standards by the approval herein of a Modification of Standards for each standard. 4. As conditioned below, the Project conforms to Section 3.5.1 Building and Project Compatibility. C. The Replat of Lot 1, Rigden Farm 5th Filing, Settlers 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 exceptions: 1. The standard located in Section 4.5(E)(3) - Maximum Residential Building Height. The Project has been rendered compliant with the above standard by the approval of a Modification of Standards. DECISION The Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @Settler's Green) — Project Development Plan is Approved, subject to the following condition: The corrugated metal surface treatment shall be changed to be compatible with the building materials used in the surrounding single family neighborhood unless the applicable architectural control committee approves the materials shown on the elevations as submitted. 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 8 Parkway and Custer Drive rights -of -way. The setbacks would be 9' instead of the required 15. • The standard located in Section 3.5.2(D)(3) -I Side and Rear Yard Setbacks. The plan as submitted does not fully satisfy this section of the Land Use Code. The applicant is proposing 6' rear yard building setbacks from the public alley right of way instead of the required 8' setback. A request for a modification of this standard has been submitted for review. The applicant contends that the modifications of the standards would not be detrimental to the public good and that it meets the requirements for a Modification of Standards in Sections 2.8.2(H)(1) & (4) of the Land Use Code. Hearing Officer Findings 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 the Rigden Parkway and Custer Drive rights of way and 6' from the public alley right of way. Existing development in the immediate area is consistent with the requested modification. The rear of the structures will intrude only minimally into the rear setback at one comer of the garage. But for the need for Administrative Review, the previously approved setbacks would continue to apply to Lot 1. The Hearing Officer questioned Staff at the Administrative Hearing as to the purpose of the larger setback for Lot 1 compared to the reduced setback for the balance of the Settler's Green PDP. Staff could not site to any rationale. The proposed setbacks will adequately separate the structures to allow emergency access and to allow sufficient light and air between units. The Hearing Officer finds that granting 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 as would a plan which complies with the standards for which modifications are requested. The requested Modification of Standards is approved. SUMMARY OF CONCLUSIONS A. The uses proposed in the Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green (Rigden Lofts @ Settler's Green) - Project Development Plan are Rigden Farm 5`h 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 techniques such as the repetition of roof lines, the use'of similar proportions in building mass and outdoor spaces ... and/or the use of building materials that have color shades and textures similar to those existing in the immediate area of the proposed infill development." Section 3.5.1(E) states that building materials shall be similar to the materials already being used in the neighborhood or, if dissimilar, then other characteristics shall be utilized to ensure the buildings are compatible despite the differences in materials. These sections emphasize the importance of building materials and texture in creating compatibility. The elevations submitted with the development proposal show the show the use of corrugated metal as window awnings and as siding. This building material is not compatible with those in the immediate area. The use of corrugated metal, which innovative and attractive in the appropriate context, imparts an urban feel that is incompatible with the surrounding area. The relocation and preservation of the original Rigden farmhouse, which is immediately adjacent to the development, indicates an overall intent that the development should evoke the original use of the land. Rigden Farm is separated and remote from the urban core of Fort Collins, and no other parcels in the area depart to a similar extent from the farmhouse style. Hearing Officer Finding The Hearing Officer finds that the proposed use of corrugated metal is incompatible with the architectural style in the balance of Rigden Farm. The surface treatment of those elements of the building should be replaced with materials that are similar to the immediate area unless the applicable Architectural Control Committee approves the elevations as submitted. In all other respects the Hearing Officer finds that the proposal satisfies the Building and Compatibility standards in Section 3.5.1. 2. Section 3.5.2. Residential Building Standards. The proposal satisfies the Residential Building. Setbacks, Lot Width and Size standards, with the following exceptions: Section 3.5.2(D)(2) - Setback from Nonarterial Streets. The plan as submitted does not fully satisfy this section of the Land Use Code. 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 Rigden Farm 5t' 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 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. That Applicant has stated that it is impossible to reconfigure the front of the lot lines to comply with the definition of a solar oriented lot because of the density and orientation of the lots. The Applicant also points out that the building fronts of Lots 1 and 2 will meet the solar orientation standard even though the lot lines will not, and that Lot 4 is very close to the solar orientation standard and will have a roof pitch that will be optimal for future collectors. Hearing Officer's Findin The Hearing Officer finds that as a result of the existing configuration of the road system the standard cannot be met for these lots. The Hearing Officer also finds that the Settler's Green, Des Moines Drive PDP approved on July 6, 2002 created the lot pattern and road configuration with which the Applicant is working, and was approved with only 45% of the lots complying with the solar orientation standard. Lot 1, which is the subject of this replat, was to have been multi -family and thus was not originally subject to the solar orientation standard. The only feasible way to comply with the letter of the standard would be to decrease the number of units and create lot lines that do not conform to the existing street and alley. While the Applicant is not legally entitled to the same number of units as were allowed on the Settler's Garen, Des Moines Drive PDP, holding the Applicant strictly to the letter of the standard would result in a lot pattern that is inconsistent with the existing layout of the development. The Hearing Officer finds that the essential purpose of Section 3.2.3(B) is met because the houses on four of the five lots will be able to make use of opportunities for solar energy, and that the plan as submitted maintains neighborhood continuity. The Hearing Officer further finds that the size, orientation and proposed design of the houses will enable energy efficiency and passive solar opportunities, which will further the purpose of Section 3.2.3(B). B. Section 3.5 Building Standards 1. Section 3.5.1 Building and Project Compatibility. Section 3.5.1(B) Architectural Character states that "[n]ew developments in or adjacent to existing developed areas shall be compatible with the established architectural character of such areas by using a design that is complementary." It continues with the requirement that "[c]ompatibility shall be achieved through Rigden Farm 5tt' 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 Hearing Officer's Finding The Hearing Officer finds pursuant to Section 2.8.2(H) that granting the modification of standards with respect to stories would not be detrimental to the public good and that 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 that complies with the standard. Specifically, the applicant has demonstrated that the proposed 5 foot knee wall on one side of the building and 0 foot on the other side, instead of 3 feet on both sides, results in a building with overall bulk that is similar to that which would be allowed by the standard. The asymmetrical half -story is still substantially lower in height than a full third story. The Hearing Officer grants the modification of Standard 4.5(E)(3) to allow a 5 foot knee wall on one side and a 0 foot all on the other side. I Compliance with Article 3 of the Land Use Code — General Development Standards The proposed development complies with the applicable General Development Standards in Article 3 except as discussed below. A. Section 3.2 Site Planning and Design Standards The proposed development meets the Site Planning and Design Standards in Division 3.2 with the exception of the Solar Access, Orientation, Shading standard in Section 3.2.3. All of the single-family detached residential lots on the Replat of Lot 1, Rigden Farm 5t" Filing, Settler's Green PDP are subject to Section 3.2.3 of the Land Use Code. The Code 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) to 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 Land Use Code. 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 Land Use Code. 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: [T]he 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. Rigden Farm 5t' 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 than 3' above the floor level. The applicant is proposing a 5' knee wall on one side of the building and Won the other side, instead of the required 3' on both sides. 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 Hearing Officer 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 (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 Land Use Code. Rigden Farm 5t" Filing, Settlers Green, Replat of Lot 1 (Rigden Lofts @ Settler's Green) - Project Development Plan - #56-98AT September 5, 2007 Administrative Public Hearing Page 3 2. Compliance with Article 4 and the L-M-N — Low Density Mixed -Use Neighborhood District Standards 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. This proposal complies with the purpose of the LMN District as it is an infill project that provides single-family detached dwellings on a property that is entirely surrounded by developed properties containing residential uses. There are existing single-family residential uses (Rigden Farm, Settlers Green) to the north and east, existing single-family residential uses (Rigden Farm 6t" Filing) to the south, and existing multi -family residential uses (Rigden Farm) to the west. The larger area contains retail and other services within walking distance. A. Section 4.5(D) Land Use Standards The proposal meets the applicable land use standards in the LMN - Low Density Mixed -Use Neighborhood Zoning District. B. Section 4.5(E) Development Standards The proposal meets the applicable development standards in the LMN — Low Density Mixed -Use Neighborhood Zoning District, with the following exception: • Section 4.5(E)(3) - Maximum Residential Building Height. The maximum allowed height of single-family dwellings is 2.5 stories. The City's Land Use Code 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 Rigden Farm 5t' 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 SUMMARY OF HEARING OFFICER DECISION: Approval with a condition. ZONING DISTRICT: The property is zoned LMN, Low Density Mixed -Use Neighborhood. STAFF RECOMMENDATION: Approval. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:05 p.m. on September 5, 2007 in the Conference Room of Planning and Development Services, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; and (3) public testimony provided during the hearing. The Land Use Code, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The following zoning and land uses surround the proposed development: 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 Hearing Officer finds that the proposed development is compatible with the surrounding uses. CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: September 5, 2007 Replat of Lot 1, Rigden Farm 5th Filing, Settler's Green PDP #56-98AT Dana McBride Homes, Inc. Dana McBride Homes, Inc. 1510 Hillside Drive Fort Collins, CO 80524 Claire Levy, Esq. Claire B. Levy, LLC 3172 Redstone Road Boulder, CO 80305 PROJECT DESCRIPTION: This is a request to replat Lot 1 Rigden Farm 5th Filing, Settler's Green into 5 lots for single-family detached dwelling units. It is currently approved for a 5-plex multi -family residential building. Lot 1 is a 0.27 acre parcel. Each unit will contain 1,734 square feet of habitable floor area. 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 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.