HomeMy WebLinkAboutSTONER SUBDIVISION - PDP - PDP130005 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSStone Subdivision
Modification Request — Subdivision of Ebsting Lot
Supporting Findings:
This request for approval of Modification to Standard complies with the standards per Review Criteria 2.8.2(H)
in that it would not be detrimental to the public good and that it meets the additional criteria set forth in
Standards (1) and (4) in the following ways:
Criteria (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
Supporting Findings:.
Our project is situated on a corner lot that is bordered on two sides by public streets, and by an alley on the
third side. This allows for the proposed single family home to be oriented so that it aligns with the already
established public frontage of Magnolia Street. This orientation allows for direct access to the public sidewalk
and roadway. The orientation and setback replicate those of adjoining homes, further enhancing the
integration of the project with the existing neighborhood. Access for city and utility personnel is preserved, and
the collection of trash and recyclables is easily integrated with the surrounding homes. Most importantly, clear
and effective addressing of the home can be achieved, meeting the critical needs of our first responders.
Criteria (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
Supporting Findings:
When viewed from the perspective of the entire development plan, this modification should be considered
nominal and inconsequential. Currently, the project is comprised of two lots abutting Wayne Street. Our
project seeks to reorient these lots in a manner that results in one lot frontage remaining on Wayne St, with the
other frontage changing to Magnolia Street instead. This change results in a new lot that is able to
accommodate a new home that meets the goals set forth in Section 1.2.2 of the Land Use Code by:
(1) Improving the design, quality, and character of new development
(L) Encouraging the development of vacant properties within the established zone
and
(M) Ensuring that development proposals are sensitive to the character of existing neighborhoods
2 1 P a g e
NORTHERN
ENGINEERING
February 13, 2013
ADDRESS: PHONE:970.221.4158 WEBSITE:
200 S. College Ave. Suite 10 www.norOmrtcen®neering mm
Fort Collins, CO 80524 FAX: 970.221.4159
StonerSubdivisionProjectDevelopmentPlan
ModificationRequestforSection4.7(F)(7) SubdivisionofExisti#gLots
Modification Description:
This is a request for Modification to Standard contained in Section 4.7(F)(7) of the City of Fort Collins Land Use
Code which pertains to the subdivision of existing lots.
Modification to this standard will allow the subdivision of an existing lot in such a manner to create a new lot
in the rear portion of the existing lot.
Land Use Code Standard:
Section 4.7(F)(7) Subdividing of Existing Lots. No existing lot may be further subdivided in such manner as to
create a new lot in the rear portion of the existing lot. ,
Land Use Code Modification Criteria (Section 2.8.2):
"The decision maker may grant a modification of standards only if it finds that the granting of the modification would not
be detrimental to the public good; a4that:
(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 polity, 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.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific findings showing how the
plan, as submitted, meets the requirements and criteria of said subparagraph (1), (2), (3) or (4).
NORTHERN
ENGINEERING
ADDRESS: PHONE:970.221.4158 200 S. College Ave. Suite 10 WEBSIWEBSRE:
rthernengineering.com
Fort Collins, CO 80524 FAX: 970.221.4159.
STONER SUBDIVISION PROJECT DEVELOPMENT PLAN (PDP #130005)
Fort Collins Land Use Code Modification Request
3.6.20) Public alleys shall be controlled by the following requirements:
(2) Design Construction Requirements. All public alleys shall be constructed in conformance with the
Larimer County Urban Area Street Standards as adopted by the City Council by ordinance or Resolution,
except those public alleys within the N-C-L, N-C-M and N-C-B zone districts that do not abut commercially
zoned properties and that provide access only for carriage houses and habitable accessory buildings as
such terms are described in Article 4. Dead-end alleys shall not be allowed.
This request for approval of Modification to Standard complies with the standards per Review Criteria —
2.8.2(H) in that it would not be detrimental to the public good and that it meets the additional criteria set
forth in Standard (4) as follows:
Criteria (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 removal of natural features, such as significant trees, makes widening and/or improving the alley right-
of-way beyond the concrete apron impractical or undesirable. An alley pavement section of 20' as
required by Larimer County Urban Area Street Standards would encroach upon an existing 14" diameter
Green Ash tree that has been characterized as Fair to Good condition by the City Forester. If the Green
Ash were to be removed, there would be no large shade bearing trees remaining on the site's frontage to
the alley. Full alley improvements would also require the removal of at least 8 shrubs, which currently line
the alleyway. These shrubs provide privacy for the property and are a green, viable, alternative to privacy
fencing.
Improving alley right-of-way beyond the concrete apron is not necessary because the existing condition is
adequate for pedestrian and vehicular traffic. There will be a minimal net impact on the alley by the
proposed lot split development. There is an existing garage located on the rear 50% of the proposed lot
which has historically served the existing residence. The garage usage will transfer, entirely to the
residence proposed on Lot 2. In addition, the new lot's Magnolia Street frontage will serve as its primary
pedestrian access point, thus creating no additional pedestrian or vehicular traffic for the alley. The
proposed development will have substantially less of an impact than a new carriage house or habitable
accessory building would. If the intent of the Land Use Code is to allow alleys to remain unimproved with
the addition of carriage houses and habitable accessory buildings, then it is reasonable to assume that
maintaining an existing non -habitable garage (with no change of use, increase in traffic, etc.) should follow
the same exemption.
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At
STONER SUBDIVISION
BEING A REPLAT OF LOTS 14 & 15, BLOCK 5, KENWOOD HEIGHTS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 11,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, STATE OF COLORADO
SUBDIVISION.
STATEMENT OFOWNERSHIP AND _
Know At Formers by them presents, tall be mdeeaigmd aw mdsl of he follawine described had:
Be, a repW of Lou Id mad I5 Black 5, Kawsd I Inglas seemed in the Electoral Ouerta of Secom 11, 1'nweship 1 Nmds Range 69 West of Ne beh P.M , City of Fort
Colfiru. Conway, a Larromer. Sam of Colorado, trap pemeuWdy d.Crlbd as Estimates.
C'onsih n8 the North line of Blot 5, Kent and I billions as bearing Sash 8V 37 H- Fla. and with all bnnnp anukxd mom relation thmem,
BEGLNNING at IN, Narrow au aroma M sued Black 5. shear. youth 89- 39' 15' Fat 159IS far theMe South OO' 31' 42' Wes, "" face, theme, North III 39' 23
Wcat 159 N fat shear. Nestle OO' 25' E2- Fact. 99. W Tom to the POINT OF BEGINNBVG, santauo 15.987 a9aam feel m 0 367 Nan am or ks.
For themsekcs and hen. moureval in iemana (settlement III *Oaat.'I hart Ownd the abort Jc,svibed land in be sun syed aed subYs liked anto lotstwo and saeCu u
,thaw. on Nu Piet Is, be kmary as STONER SUBDIVISION lme'Dellkwanem'), mmyst erall cawmcnu and nfhes-u6way more of Iaraml or cethrill w mawad w Ihm
Put The nlM and Mllguam afebu PW shill rev with d I+d.
CERTIFICATE OF DEDICATION
h R 'l his, f t M r I. vet aM
e t la f Too Collins, laud I n CI fro n o m
TM1e Owner does III dc1 t d the m, YI P Puma B Y Pmpoeea
Y Y
the Farm uas Is ed ect and designated h) us, pas ion, b how. th t 111 plane by the C.ty, of thiskd i f E u doe I pr Nns the City a
until m such
time N e p i s f t tN d Maintenance
epee c by,c City l miltl d on f tree Joe ell pee W m Cry dory 'n >.1 u s J td
riot each t N pro, f the gh imndat Damon., base been fully , satisfied II teens Nes and nthPI I her f u pal, f he C Ta pr Wod'e
Seam . 3l C.R.S. The (Jy u n8hu ads IM Faccowdwd pa include the sigW Is, ime o span c mum sin use
ra mr, it ., this and he Catice wish,.es me
Emmmts public Improsemmaa conmmat w is the is,. .. paper of ehe Ensaspots: me right t. imLll, aminuin ad me Bates in my fe.r O oral cores the LueeMnto twee
feet m mesh for
location of hie Eaa h wish soluble mmkas; an me r, of m p ereb adc public T utrhrim a wereme N.sc amn<succe fleas. resenn me ngN m um
theta tsfatrry+peps 6m6 t f cxteI to full e bi by
xfepn8huhereby "led,TW City ores, not ibk ftte,rin,ofonof ins .tare ofthe ethersaN fat
mfrow, c my I. the -used "sacristan o r' n rel F tau, bat by r¢ ill. Y( h J wo a gee Enc Jacer mot m,arn Jac duty of memxmmish of Nc E>wmwu, ar of
weed,or, ire o ,trialNae ore rim ox'nN by the l ily. Mev x'III mammon me zmuce of JIe Enxvleeu in •Factory csdmm is, cmmWme with any Npbaelsk
wed, nuisame rat uJser legal rryuiremnls
Except as ci prwsly permitted m an am W pie. of des elep oom n rim. xu..pe.ma with me C'In. Men ladl mot smteif was she F solos, or pact. the m541Wirws
an the Easements, of ray buiedmg. I... impm.emem, face, r.ainm8 salt sidewalk ba or reall landscape, (omar Nee usual and curmmry Brea ad what
Lo°md wr.l. In Denevens Facts ohwles me ancelld in be Fica—mr, the Cary dear ease cap, m re os. the Mrswr to reams, such obnazles, from the Facers. If hem.
does was .,a such ohsusks. shut City may remove such annual- widaut any hand, or obi,. for scissor ad replascteam Nnavr, ad 11ar8a the Mora red Clty'e
rasa for mch srn A H the City chooses tar in mane the abial she City will rem W liable fro any damage ere the aim ow,we we my came Fropnry to "Well they me
madwd,
the rights lethal m r6e Ciry by the PW wmp In she bmefn of she Ciry's egeou, Wensees, pvmim. ed...igm
OWNER:
STATE OF COLORADO I
ISS
COUNTY OF LARIMER I
Hie finegoatg ina.amm was Nino:feagd bef rm me era_ day ar
We. my hood and ethical and
My wresources aspu.s:
Nmary Public
LIFNHOIDER:
BY
STATE OF COLORADO 1
ISS
COUNTYOFLARIMER I
The finegourl movement tau sctome kdgd befeBex this_ de, of "_by
of
Winners my hand aM ofEcul we
My cenwusieo exp pas
Notary Public
t1.V N1T2:ANCE GUARANTEE
The Owner heals, wamnu and gnaantces tV tW enr. RR . p ami of two (2) Yrm film me dux a eompheilws and fort mceptavice by the City of d Imposcmmu
mntd hemursG, the full call complete m.intenaar and repair of the improvements to be COI.nm4d in contusions with N, Dnrbpnw o which is Own ortntl of Ihn
Par ibis warmly .a d,-Owsc is mad, m a'c.rJmsr wnh Ihe Ciry land Ux Cask arid'. the Tramitiwl I.ud llx Re6mlaliVna. m applsrablr. Thu luaomec apPLes s.
me sums d ill m eves. sand lying xsNat me nfAu.of ay Fascmmn aria nJs. phew ptopeedes. lumnl. wimwl limiut ace rill curbsng,
FIG \elks tit pram . m .g p p I n of h b mmragc dixh. sell ladmapin8. AnY masm:nm dm rcgw er9deN hU. shag lsc cwrmnxecd urth
the ox ring aasny stisman,aceJ m
The Ox'm shill maoadv red impn.emcou in a muomr that wdi acme tam Imar on a comment basis with all constructions rtandmde. safety "nun Illans and
msioomctnl proration onforcmcmer of me City. the Use. sill also c t aM reflect. or oust as be Iommlcd and rcpdrvd, all damages as, said imDro,emrms rands.'
form Gelopmwt-rdatd to builJiag-related of ivies. In the est. the Own. foils an contest any loth,.: w,IA.. thirty 130) Jays .flee wrinw ao ust lh.wf ties said
domestics may he come,rd by me City ad all cnsu and CherBes billed to and paid by the Owner. The City shall don have any wher readies available to it as authermd by
law. MY demaBCs which occund prim Ire the eyed of seal two 121Yw plod evd which m umciwird m th<xrminetion of mid peril shall vermin Ore mpomiWlilY of the
Owner.
REPAIR CL ARAI
In comiderm f d appru d of his Imal Plat and other ..Iueble twounderstion, the Onset Svcs hereby still to hold the Coy hartaker for a five (5)
rem press, men. B pon he &Is of.omplefon and lint wrlsparms, by Ike Car of the owennerearte I be constructed m 'marsefiosa with the
GcM t m ub eet f N PI t Ian aced all clrivu don hmandr s I f tW des ad orweJ lie
which Y are n of
pm J +E W me gv Dub
wers"I ts ,i h p pwY Imo it and me, Owner lathe miu b oak ec stay rcpa d p del C imp. u E tM1uk,
ad cum sm N d train Ills m ilureO a dlnkca rn pact, ub-0oins collects. Ra cod M1 dg s h hie Cit l .'ay Easemars
and nth. rani r m a Rine r failure ouch by by to c redact ofu mom defeess Thu a teem I t hold the City hermlccs imludn
Jf� 1' W h pNip well defnde mod by mcwdmog o(xalivl vercleea fiW sect
muccur
mat hive: he f Ic title le she chat I not be liable t FunW. hell u sWxnmer,fshies Na Ws( e,J to the Mll.m romp pesT•'nY p• Y
1111 D s - _ In sl f p d rcriM list any clam fdamaBea msdd�g fime MBllgeote a sentence, flo iMerwg la'I 4 red due
so mc y o thar n of d d x trmsstum a buy and a the rlmg, li rbr Cty as er aeseeco W - era. RONmg trim mmrd mccof and
..rid any mhcr mans N - p .am PnWemy MY and 11 vnmury IOWIRy m'.usm6 uINM this pualraph Jell he she liability of the
Owner If�rmer reaesam mall M.c Ne ngMmCwsryasd lad Nemd gees this PW.
NOTICE OF OTHER DOCUMENTS
e .dice man me On. hat eaewud Cwmn hen ratans to Ili. Deonhs I which male reams. s u and obfi . of the All pCnom at pref thi.g peen Yh g
th n roll lobs m Owhen of all m cvt f the D t k f which N i well I and
sual
y Dneb I Y 8 pea W P ebpme P
t d on m obligations under mine a ai N land The said documents l h J d f m l t Y d m. re.eme mat, amn r r l tl
1 t 81 Plan Tonsil I. of PI JAhases,m allude without I Wi n. the I h em A n Eiu Ard I.umt C ven o Fall P ttmeme m n 'a. which discontentsI I he once of the Bert of she City end should be closely .minty by all p.rslmr \ ,sell n pumhuing enY
poDka of the Dnrllspmrol nix
ATTORNEYS CERTIFICATION
I hereby Oil that this Subdivision Plat hat thew dull executed as rcgami purscam to Scrwcm 72.3(C X3Xa) dough IO iaimive of We Eased Use
Cade of the Coy of Fort Collins sal that all p.was I"., this Subdi\uien Pkl ore behalf of r euryorNiun or nthar cmoy an, duly alnNmved dgnasmks
Imder rime have of the Saint of Culmnd.. ibu CcnlfomerD heed upon me as, M the ('Icrk and Rewarder of Isrima Cowry. Cofersdo as a Na
date of eaesvism of the Pie, and saber inforol diwaserol by me mould, oasmabk ie9asry ad is IimIed as ambsnrd by Sector 2.2.3(CN3XD of
hie tad Use Code.
Attorney:
Address
Relwwasion
APPROVED AS TO FORM, CITY ENGINEER
By he City Fsgmar of Ole City of Fan Collins l
PLANNINGAPPROVAL
8,'she Direnmof Plaming the City of Fan Collie Colorado mk_ dsy of
Dlmctorofissimmg
NOTICE
--�
ALL RESPONSIBILITIESAND COSTS Of OPERATION, MAINTENANCEAND
RECONMUCTION OF THE PRIVATE STREETS ANDTTR DRIVES LOCATED ON THE
PRIVATE PROPERTY THAT IS THE SUBJECT OFFICES MSHALL BE SHBE BORNE BY THE
OWNERS OF SAID PROPERTY, EITHER INDIVIDUALLY, OR COLLECTIVELY, THROUGH A
PROPERTY OWNERS ASSOCIATION. IF APPLICABLE THE CITY OF FORT COLLDIS SNUUI
HAVE NO OBLIGATION OF OPERATION, MAINTENANCE OR RECONSTRUCTION OF Steal
PRIVAWSIREErS ANDIM DRIVES NOR SHALL THE CITY HAVE ANY OBLIGATION TO
U
ACCEPT SUCH MEETS ANIHOR DR] VES AS PUBLIC STREETS OR DRIVES.
i
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SURVEYOR'S STATEMENT
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I, CrcNd D. GJbIand a Calmedo Rcgmmd Pmf -sorest Land Sort ryor do wish, sou mat this Subdis am.
-e
W m O
Peel was prepard Bum..dual wasey lake my plural super Issue, does this monumaunon av indicated
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hereon were found IN an m shown, aid Not the forcEV'mg Plat is sm ssi come nprcsess-ruo tbenwf..11 In. la
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the hest ofmy know ladle, for Jon and belief
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Gerdd O. Gilliland
I
Colorado Regiverel Pof mud
Land SwC3m No. IU23
NOTES:
1) The Basis of Bwatgs is be, North late of Black 5, Kentwood Heidem. as lateral Somh 81 S' Sam (assumed bearing) or
nmmearmi d an drew in,
2) All mRmamm regadmg emmmta n,1w-N&v a, or fide of rand. NaMcm Engieemn8 Mid oath Fit. Numbs
598-11015W IAA 1.1 MY Drepetd by floatage TJI. Company, Jnd N... mber 21.2011.
3)ThelMC unitofinem =Efrothis PINiIUS.Survey Feet
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STONER SUBDIVISION
PROJECT DEVELOPMENT PLAN
AS A REPLAT OF LOTS 14 AND 15. BLOCK 5, KENWOOD HEIGHTS
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 11. TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SITE LANDSCAPE AND UTILITY PLAN _
RWONE AND, MAGNOLIA STREET WAN[ IMMPID- --EVENINGCURB"e�CRDSSP.�M11
P 14.951d
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SITE PLAN TABULATIONS
LIMING ZONING: NEIGHBORHOOD CONSERVATION, LOW DENSITY DISTRICT
GROSSLANDAREA
SF
AC
REAR 50%
LOT1
9320
D.214
4660
LOT2
6667
0.153
3333
TOTALGROSSAREA
15987
0.367
7993
TOTAL UWELQIG UNITS
2
OVERALL DENSITY(UNFIVACRE)
5.4
DENSITY CALCULATIONS
SF
REAR 50%
LOT 1
TOTAL FLOOR AREA
2294
519
MINIMUM LOT AREA, 2.S X FA =
S460
REAR 50% FLOOR AREA RATIO
0.21
LOT
PRI NCIPAL BUILDING
1212
at
SECOND FLOOR AREA
504
GARAGE FLOOR AREA
590
59D
TOTAL FLOOR AREA
2306
671
MINIMUM LOT AREA, 2-S R FA =
5766
-
REM SO%FLOOR AREA RATIO
0.20
BUILDING HEIGHT
STORIES
LOT 2-PRINCIPAL BUILDING
2
LOT 2-SECONDARY BUILDING
I
HOUSING TYPES
SINGLE-FAMILY TWO BEDROOM UNITS
2
AREACOVERAGE
SF
%
BUILDING COVERAGE
4329.94
2736
DRIVEWAYS
398
1 2%
OPEN SPACE AND LANDSCAPING
10321
65%
HARDSCUT
938
6%
PUBLIC STREET RIGHT-OF-WAY
0
0%
TOTAL
15987
100%
PROPOSED -
A 10Y
4
Pµ IONY
14.85B
LOT 2
B6S7 5.F.
TO DRAINAGE k UTILITY
EASEMENT
GRADING AND DRAINAGE PLAN
i ;
5
� � I i,1ui%Coco caw
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I
�
n$
SED
sE R
SERVILE
•LIB'
I'd ROCKY MINT.
�:
XWER
OOR
I TY
•
i0 REMOVED,
W KM VUDI
I MITIGATED
METRIC
'
-
r-
t
CWOH IE
M µTEE
I
f
wGHT-CF-WAY
FYI K
`II
_
YAL� 7-r AMERICAN EUA:.-'
POUR CONDTW
TO BE REMOVED.
I
'CONTACT AND OBTAIN APPROVAL OF THE
)
PROPERTY DNNER(S) THAT THE TRUNK OF ME
TREE IS CN ORPARTIALLY ON PRIOR TO
REMOI OF Tff TREE REMOVAL BRINK TO BE
BY A CITY OF EMT COLLINS LICENSED AR IORIST.
I
i I
1 WHIN THE DRIP LINE W ANY PROTECTED EXISTING TREE, THREE SHOULD BE NO OUT OR FILL OVER A FOUR -INCH
DEPTH UNLESS A WAU111M ARBCRIST OR FORESTER HAS EVµ JATED AND APPROVED ME CISIRA BANCE.
2 ALL PROTECTED EXISTING TREES SHALL BE PRUNED TO THE CITY OF FORT COLLINS FORESTRY STANDARDS
3 FARM 10 AND WING CONSIRUCTIXI. BARRIERS SHALL BE ERECTED AROUND A.A. PROTECTED EXISTING FRIES
MM SUCH aT, MINI T➢ BE OF ORANGE FENCING A MHMW CE FOUR (a) FEET IN HPCHSECURED NTH METAL
T-PORYS NO CLOSER THAN SIX (6) FEET FROM ME TRUNN M ONE-HALF (A) OF THE MP LIE. YNIO1EVER IS
GREATER WERE SMALL BE W STORAGE OR MOVEMENT O EQUIPMENT, NAIEfiµ, DEBRIS OR FILL NMN ME
FENCED TREE PROIFCTIOR ZONE
4 CURING, THE CONSTRUCTION STAGE OF DEVELOPMENT, THE APPICMT SHALL PRETEXT WE CL.ENOW CC
EQUIPMENT OR YATEPoµ OR THE STORAGE MD DISPOSAL OF MASTE MATERIAL SUCH AS PANTS, OILS, SOLVENTS.
ASPHALT. CGNCRI MOTW OIL CIA MY OTHER MATERIALNMMNL TO THE LIFE M A TREE OWN THE MP
LINE OF ANY PROTECTED WE OR GROUP CP FREES
5 NO DAMAONG ATTACHMENT, MARES, SIGNS OR PERMITS MAY BE FASTMED TO ANY PROTECTED TREE
5 LARD PROPERTY AREAS CONTAINING PROTECTED TREES AND SEPARATED FRIG CONSTRUCTION OR LAND CLEARING
AREAS. RCAD RIGHTS -OF -WAY AND ULn' EASEMENTS MAY EX RIMO6 GTE.* RATHER THAN EKG FUND
MOMCTYE FENCING AROUND EACH TREE AS REQUIRED IN SUBSECTION (G)(3) MOVE. THIS MAY BE
ACCWPUSHED BY PLACING METAL T-POST STAKES A MAXIMUM OF FIFTY (50) FEET APART AND TWIG RSBON OR
- i P 1 AREAS R ROPE SPIN STARE-1Q S ARE µDIG TILE OUTSIDE CRIMIERS OF S1M EA BEING CLEARED
). THE INSTALLATGN OF URUMS, IRNGATION LINES OR ANY UNDERGROUND FIXTURE REQUIRING EXCAVAOON DEEPER
THAN SIX 16) INCHES SHALL BE ACCOMPLISHED BY BMW UNDER THE ROOT SYSTEM OFPROIECIEO EXISTING
'BEES AT A MNINJM LEPTH OFTXENTY-EGA (24) INI THE AUGER DISTANCE IS ESTML:SHLD TRW THE
FACE OF BE TREE (WIER BABA) AND IS SCALED FEW WE DIAMETER AT BREAST HEIGHT AS )ESCRMIFO IN
THE CKART BELOW
TREE DIAMETER AT BREAST
HEIGHT (INCHES)
AUGER DISTANCE FROM
FACE OF TREE (FEET)
62
l
SA
2
S9
3
tau
w
1519
12
OVER 19
IS
Of A, R
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r
_ [X61AW
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a
SEINE: I'M
DRIVEWAY GRADING DETAIL
6• MIN LEI
CONCRETE DRIVE TYPICAL SECTION
OWNER
STONER FAMILY UNITED CEHLO`MENT
502 WAWE ST
CRT TGALTIS COLMAJO .121
THE GROUP INC
375 E HORSETOON ROAD
TORT COLLIE ChORADO 00525
(970) 223-D7D0
I OTY HlX ,,
OWNER'S CERTIFICATION
THE UNDRSCNED DDS/DO PUME Y CERMY THAT I/WE
ARE THE LANK'A OMhRS CC WE REAL PROPERTY
DESCRIBED GO INS STE PLAN AND DO HCPEBY CCRIFY
THAT I/V£ ACCEPT ME CONDITIONS AND RESTRICTGNS
SET FORTH ON SAO SIRE PLAN
DINNER DATE
THE FOREGOING INSTRILMENT ME ACKNOWLEDGED
BEFORE ME
THIS _DAY OF AD._9Y
(PRINT NAOE)
As
MY COYM'.SON EXPRES
"NESS MY HAND AMID OPTICAL SEAL
NOTARY PM G AMORE—
PLANNING CERTIFICATE.
APPROVED BY THE DRECTM OF PLANNING
of THE CITY or FONT COLLINS, COLORADO
DINT THIS _ GAY OF_, DO
DRECTCR O PLANING
11-11
11
mill
ID 0 20 AD 60 Fu1
VICINITY MAP I MAI F_I`" k
PROJECT
LOCATION
MULBERRMAGNOLIA
PARN >
LAKE
Y
— —
LEGEND:
EXIST RS CURB A, GUETER - -
M OPTION BO.NOARY
PROPOSED LOILINE - -
[AMOUNT UIH' - -
BUILDING ENVELOPE —
EXI9TNG FTNO--X----
CXISMW LN.HT PO1E 1~
EXISTING ELECTRIC METER
EXISTING CURB SSW
EKTSTNG RWWTW BOX
EUSTNG EIECMc BOX
ETUSTNG Pox£R ACHE
MOTTO GAS METER V
EXISTING AG UNIT Q
EXISTING ELECTRIC SPEAKER t'.`3
EXISTING CLEAN OUT p
EXISTING MNOOW WELL / TFEE
EXISTING TREES TO REMAIN
EXRTMG SNUBS TO REMAIN 8
FASTING SHRUBS TO SE RENOVEO N
PROPOSED STREET TREE Q
PROPOYD SPOT ETEVATIM SSA
EXIsiWc SPOT ELEVATION
PROPOSED STORES
EXISTING 100-TEAR CITY FLOODMAIN
LOSING 100-YEAR CITY FLOODWAY
moss-mcOm (CA) SW 2 6
ELEYATW dom 29 (MADUJ$TED) 5000
BASE FLOOD ELEVATION XRE) �WWVVVi
PROPERTY DESCRIPTION:
BEING A REPLIT OF LOTS 14 AND 15, BLOCK S. XEN'M.W REMITS LOCATED IN ME SCUTNNE51
OVARTER CP SECTOR 11, TOWNSNP ] NORTH. RANGE 69 NEST OF WE BM PM.. CITY Of GINS
COLLINS. COUNTY OF LARMER, STATE CF COLORADO. NONE PARTICULARLY DESCRIBED AS TO, 1127
CONSIDERING THE NORTH LINE OF BLOCK 5. KENWOOD HEIGHTS AS BEARING SOUTH 8939' 1:,'
EAST, AND MTH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO,
BEGINNING AT THE NORTHNEST CORNER OF SAO BLOCK 5; WAN". SOUTH 59' 39- 15' E<SI.
159.95 FEET: (FENCE. SOUTH GE 31' 42- WEST, 99.98 FEET; THENCE, NORTH BSI' 39' 25' WEST.
159.50 FEET: THENCE. NORTH 07 25' 42' EAST. 93.99 FEET TO THE POINT OF BEGNNINC,
CONTAINS 15.187 SWARE ME' M 0 MY ACRES, MORE CN IEss
GENERALNOTES:
1. AT ME TIME X BUILDING PERMIT, BULLING PLANS LL SHABE RENEWED FOR CCMPUANCE NEY THE
PLANS AND ELEVATORS AC UXM NUN THIS PROJECT DEVELOPMENT PLAN. ME DIRECICR SHALL
DEMAMNE METIER THE APPROVAL CP VARIATIONS TO THESE PLANS SUNALL BE PERMITTED AS
PART OF THE BUILDING PERMIT OR MNOR AMENDMENI ON MUCH AMENDMENT TO TNESE PLANS.
ALL HARM SURFACES FROM HOUSE GARAGE. MG DRIVEWAY TO MAIN TO MAGNOLIA AND/GR WE
LEY.
L%ISTAG ELEV.AMNS RECORDED STOM ON GRADING PLAN, ABOVE RIGHT, ARE STOVH IN
1AMNTNE5E5 (xx.xX).
REFER TO SHE1 S TH FOR E APPROVED BUHNG DIELEVATIONS FOR THIS PLAN. BUILDING
AND B TILO STALLPOSITd1E0 IN THE ND UISE N O ACCORDANCE M THE SETBACK
BE E VELGP_ ACCD DA CE M E
AND BUIIL:NC NIGHT REOUIREMENLS IN LARD USE CODE SECTION a.](E)
XISTNG SANITARY SERVICE FOR LOT I TO BE RE -LOCATED THROUGH 10' UTILITY EASEMENT NORM
:f THE E) STW GARAGE. WATER ARO SEMI SERVICES ARE PROPOSED FOR LOT 2. CONTRALTO
>HALL COORMATE MTH ADJACENT PROPERTY OMEFR REGARDING REPLACEMENT AND SERVICE
�LTAM CONTRACTOR SHALL NOTIFY a" OF GOAT COLINS M R/WASTEMTER DEPARTMENT
'RIOR TO Stµ M, NARK.
A POryIT MUST BE MIMED FROM THE OFT FORSIER BEFORE ANY TREES CR SAAS AS NOTED
_1 MIS FYAV ME PLANTED, PLANED OR REMDYED MMM THE PUBLIC NGNT-OE-WAY THIS
'EtWT SHALL APPROVE WE LOCATW AND SPECIES 10 BE RANTED FAIUJRE TO OBTAIN THIS
LERME MAY RESIT 4 REPLACING OF RELOCATING TREES AMID A HOLD ON (TRIVICATE OF
JCCWAMCY. TREE PRJNNO ARID REMOVAL WORIL TO BE PER MIND BY A ..IT' OF FORT COLLARS
. GENSED ARBORIST WERE REDACTED BY COD.
'LAICOXKT O ALL "INN APING SHALL BE N ACCORDANCE W TH THE SG-T DISTANCE CRITERIA
AS SPE61m RY WE City OF FORT COLLINS NO STRUCTURES OR _ANCSCAPE ELEMENTS GREATER
THAN 24• SHALL BE ALLONED MILLION WE SIGHT DISTANCE TRIANGLE OR EASEMENT WIN ION
:XCEPPCN O DECIDUOUS TREES PRONONG THE LUMST BRANCH IS AT LEAST 6' FROM GRADE
ANY FENCES MIWN THE SIGHT DISTANCE TRIANGLE OR EASEMENT SHALL BE NO MORE THAN 42' IN
HEIG IT AND O AN OPEN DSGN. If
Z 0 8
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LW m 4
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Stoner Subdivision Project Development Plan #130005,
Modification of Standard to Section 4.7(F)(7) and
Modification of Standard to Section 3.6.2(J)(2).
Administrative Hearing
May 1, 2013
Staff Recommended Conditions:
1. A 10 foot minimum site distance triangle shall be provided per
the Larimer County Urban Area Street Standards within Lot 2
where the alley intersects with the street right of way. All
existing shrubs shall be removed from Lot 2 within the site
distance triangle. All existing shrubs located on Lot 2 adjacent
to the alley right of way shall be removed.
2. A horizontal and vertical design for the 20 foot alley right of way
along the east frontage of Lot 2 shall be included as part of the
Final Development Plan documents. The design shall provide
a 20 foot all-weather roadway surface, crowned at the right of
way centerline with a drainage swale on both sides of the
roadway surface.
3. The existing 14 inch caliper green ash on Lot 2 shall be
removed as part of Final Development Plan documents if
determined by the City Forester that the removal is required. If
removed, the tree shall be replaced in accordance with the
standards in Section 3.2.1(F) of the Land Use Code.
Stoner Subdivision, Project 49005
Administrative Hearing 5-1-2013
Page 14
the existing garage adjacent to the alley, and the project does not propose to
increase the intensity of vehicular access in the alley. The standard allows an
exemption for public alleys within the N-C-L zone district that do not abut
commercially zoned properties and that provide access only for carriage houses
and habitable accessory buildings. Because the garage parking already exists
and the use of the garage parking will transfer from the Lot 1 dwelling to Lot 2,
with no increase in the intensity of access, the request that this P.D.P. be exempt
from the requirements of this Section, other than the improvements shown on the
P.D.P. plans, is nominal and inconsequential.
D. The P.D.P. complies with relevant standards located in Article 3 — General
Development Standards, provided that the Modification of Standard to Section
3.6.2(J)(2) that is proposed with this P.D.P. is approved.
E. The P.D.P. complies with relevant standards located in Division 4.27,
Neighborhood Conservation, Low Density District (N-C-L) of Article 4 — Districts,
provided that the Modification of Standard to Section 4.7(F)(7) that is proposed
with this P.D.P. is approved, if applicable.
RECOMMENDATION
Staff recommends approval of the Stoner Subdivision Project Development Plan
#130005, Modification of Standard to Section 4.7(F)(7), if applicable, and Modification of
Standard to Section 3.6.2(J)(2).
ATTACHMENTS
1. Stoner Subdivision Site Plan
2. Stoner Subdivision Plat
3. Stoner Subdivision Building Elevations
4. Stoner Subdivision Modification Request 4.7(F)(7)
5. Stoner Subdivision Modification Request 3.6.2(J)(2)
6. Stoner Subdivision Hearing Notice
7. Original Kenwood Heights Annexation Plat
Stoner Subdivision, Project 49005
Administrative Hearing 5-1-2013
Page 13
use of the garage parking will transfer from the Lot 1 dwelling to Lot 2, with no
increase in the intensity of access, the request that this P.D.P. be exempt from the
requirements of this Section, other than the improvements shown on the P.D.P.
plans, is nominal and inconsequential.
4. Neighborhood Meeting:
The Land Use Code does not require a neighborhood meeting for Administrative (Type
1) P.D.P.'s, and the applicant chose not to conduct a formal meeting.
5. Findings of Fact / Conclusion:
In reviewing and evaluating this Project Development Plan, Staff makes the following
findings of fact and conclusions:
A. The P.D.P. complies with the process located in Division 2.2 — Common
Development Review Procedures for Development Applications of Article 2 —
Administration.
B. The Modification of Standard to Section 4.7(F)(7) meets the applicable
requirements of Section 2.8.2(H), and the granting of these Modifications would
not be detrimental to the public good. This is because The Modification meets
criteria 2.8.2(H)(1). The original general purpose of Section 4.7(F)(7) was to
prohibit existing lots from being subdivided in a manner that would allow a new
carriage house to be on its own separate lot. However, when Section 4.7(F)(7)
was added to the Land Use Code, the standard did not specify that creating a
new lot in the rear portion of an existing lot applied only to carriage houses. The
project proposes a single-family principal dwelling unit on the new lot, and does
not propose a carriage house. The Modification also meets criteria 2.8.2(H)(4).
The front -to -back lot orientation is minor and inconsequential because the lots
are at the corner of two streets and both lots have frontage on a public street, so
that the resulting lot shape and orientation is consistent with the overall existing
lot pattern of the surrounding neighborhood. The proposed front setback
orientation of Lot 1 and Lot 2 are the same as the adjacent lots to the south and
east, therefore no detrimental impacts are created by the new lot orientation.
The lot subdivision permits a development plan that overall is in compliance with
and reinforces the purpose statement and development standards of the N-C-L
zone. The resulting project enhances the established street pattern and character
of the neighborhood with an intensity of use that is consistent with the
neighborhood and consistent with City policies.
C. The Modification of Standard to Section 3.6.2(J)(2) that is proposed with this
P.D.P. meets the applicable requirements of Section 2.8.2(H), and the granting of
these Modifications would not be detrimental to the public good. This is because
the Modification meets criteria 2.8.2(H)(4). The alley currently provides access to
Stoner Subdivision, Project 49005
Administrative Hearing 5-1-2013
Page 12
,0
Applicant's Supporting Findings:
The removal of natural features, such as significant trees, makes widening and/or
improving the alley right-of-way beyond the concrete apron impractical or undesirable.
An alley pavement section of 20' as required by Larimer County Urban Area Street
Standards would encroach upon an existing 14" diameter Green Ash tree that has been
characterized as Fair to Good condition by the City Forester. If the Green Ash were to
be removed, there would be.no large shade bearing trees remaining on the site's
frontage to the alley. Full alley improvements would also require the removal of at least
8 shrubs, which currently line the alleyway. These shrubs provide privacy for the
property and are a green, viable, alternative to privacy fencing.
Improving the alley right-of-way beyond the concrete apron is not necessary because
the existing condition is adequate for pedestrian and vehicular traffic. There will be a
minimal net impact on the alley by the proposed lot split development. There is an
existing garage located on the rear 50% of the proposed lot which has historically
served the existing residence. The garage usage will transfer entirely to the residence
proposed on Lot 2. In addition, the new lot's Magnolia Street frontage will serve as its
primary pedestrian access point, thus creating no additional pedestrian or vehicular
traffic for the alley. The proposed development will have substantially less of an impact
than a new carriage house or habitable accessory building would. If the intent of the
Land Use Code is to allow alleys to remain unimproved with .the addition of carriage
houses and habitable accessory buildings, then it is reasonable to assume that
maintaining an existing non -habitable garage (with no change of use, increase in traffic,
etc.) should follow the same exemption".
d. Staff Evaluation and Findings of Fact:
Staff recommends approval of the Modification. In evaluating the request and in
fulfillment of the requirements of Section 2.8.2(H), Staff makes the following findings of
fact:
(1.) The granting of the Modification would not be detrimental to the public good;
(2.) In accordance with 2.8.2(H)(4), the plan as submitted will not diverge from the
standards of the Land Use Code except in a nominal, inconsequential way when
considered from the perspective of the entire development plan.
This is because:
The Modification meets criteria 2.8.2(H)(4). The alley currently provides access to
the existing garage adjacent to the alley, and the project does not propose to
increase the intensity of vehicular access in the alley. The standard allows an
exemption for public alleys within the N-C-L zone district that do not abut
commercially zoned properties and that provide access only for carriage houses and
habitable accessory buildings. Because the garage parking already exists and the
Stoner Subdivision, Project #IR005
Administrative Hearing 5-1-2013
Page 11
(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.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by
specific findings showing how the plan, as submitted, meets the requirements and
criteria of said subparagraph (1), (2), (3) or (4).
C. Summary of Applicant's Justification:
The Applicant states that the Modification of Standard complies with Review Criteria
2.8.2(H) in that it would not be detrimental to the public good and that it meets the
additional criteria set forth in criteria 2.8.2(H)(4) in the following ways:
"Criteria (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
Stoner Subdivision, Project #1 0105 •
Administrative Hearing 5-1-2013
Page 10
• An appropriate number of Secondary Elements such as bay windows, porch
elements and roof dormers are provided that are appropriate in size, scale and
proportion so that these elements do not overpower the overall building form
while providing visual interest and articulated massing on all sides of the home.
Architectural detailing is provided through the use of building projections and
recesses that are appropriately scaled, stepping down at interior lot lines to
provide transition with adjacent lots.
• A mix of materials is used with lap siding, shake siding, and large windows that
provide a traditional feel that fits the pattern of surrounding residences.
D. Section 3.6.2(J)(2) — Public Alleys, Design Construction Requirements
This standard requires that the public alley frontage of this project be paved in
conformance with the Larimer County Urban Area Street Standards. The applicant is
requesting a Modification of Standard to this section, as follows:
Request for Modification — Section 3.6.2(J)(2)
a. The Standard At Issue:
Section 3.6.2(J)(2) of the Land Use Code states that:
"3.6.2(J)(2) Design Construction Requirements. All public alleys shall be constructed in
conformance with the Larimer County Urban Area Street Standards as adopted by the
City Council by ordinance or resolution, except those public alleys within the N-C-L, N-
C-M and N-C-B zone districts that do not abut commercially zoned properties and that
provide access only for carriage houses and habitable accessory buildings as such
terms are described in Article 4. Dead-end alleys shall not be allowed".
b. Description of the Modification:
The applicant proposes a Modification of Standard to Section 3.6.2(J)(2) so that,
other than the improvements shown on the P.D.P. plans, the P.D.P. shall be
exempt from the requirements of this Section.
Land Use Code Modification Criteria:
The decision maker 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:
Stoner Subdivision, Project #19005 •
Administrative Hearing 5-1-2013
Page 9
consistent with the overall existing lot pattern of the surrounding neighborhood. The
proposed front setback orientation of Lot 1 and Lot 2 are the same as the adjacent
lots to the south and east, therefore no detrimental impacts are created by the new
lot orientation. The lot subdivision permits a development plan that overall is in
compliance with and reinforces the purpose statement and development standards
of the N-C-L zone. The resulting project enhances the established street pattern and
character of the neighborhood with an intensity of use that is consistent with the
neighborhood and consistent with City policies.
3. Compliance with Article Three — General Development Standards:
The following General Development Standards are applicable to the Stoner Subdivision
P.D.P.
A. Section 3.2.1 — Landscaping and Tree Protection
The project is in compliance with this Section. The plans provide for two new street
trees, with a caliper size that exceeds the minimum requirements, in order to provide
adequate replacement for existing trees that are proposed to be removed. The project's
proposed tree replacement and mitigation plan was proposed under the review,
direction, and approval of the City Forester.
B. Section 3.2.2(K)(1)(c) — Required Off -Street Parking
The project provides at least one off-street parking space per lot, which is in compliance
with this standard.
C. Section 3.5.1— Building and Project Compatibility
(1) Architectural Character; (2) Building Size, Height, Bulk, Mass, Scale
This standard requires that new projects be compatible with the established
architectural character and context of the general area.
The project provides two building prototype options which are intended to demonstrate
the architectural "character' for the project. In terms of architecture, this P.D.P. sets an
appropriate standard that provides appropriate size, bulk, massing, scale, detail and
articulation in the following ways:
• The Primary Elements of the proposed architecture — the overall outline of the
home, the use of gables and hip roof elements, and the use of second -story
elements that are integrated into the roof line — are designed with a moderate
size, bulk, and massing that provides an appropriate transition and compatible fit
with existing homes on the block.
Stoner Subdivision, Project #130005 •
Administrative Hearing 5-1-2013
Page 8
lot that is able to accommodate a new home that meets the goals set forth in Section
1.2.2 of the Land Use Code as follows" .
d. Staff Evaluation and Findings of Fact:
In evaluating this request, staff has found that Section 4.7(F)(7) may not be
applicable to this project. The standard requires that no lot may be further
subdivided to create a new lot in the rear portion of an existing lot. Because the
project site has two existing lots, as part of the original plat, and the proposed plat is
reorienting the lots, it could be interpreted that the project is not proposing to be
further subdivided, but rather re -oriented as part of an amended plat. The definition
of Subdivision is defined in Article 5 of the Land Use Code, stating that "Subdivision
shall mean the platting of a lot or the division of a lot, tract or parcel of land into two
(2) or more lots, plots or sites". This definition may be found to support the
interpretation that this P.D.P. is not proposing further subdivision, and therefore the
Section 4.7(F)(7) would not be applicable to this P.D.P.
Should the modification be required, Staff recommends approval of the Modification. In
evaluating the request and in fulfillment of the requirements of Section 2.8.2(H), Staff
makes the following findings of fact:
(1.) The granting of the Modification would not be detrimental to the public good;
(2.) In accordance with 2.8.2(H)(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 the
Modification is requested;
(4.) In accordance with 2.8.2(H)(4), the plan as submitted will not diverge from the
standards of the Land Use Code except in a nominal, inconsequential way when
considered from the perspective of the entire development plan.
This is because:
The Modification meets criteria 2.8.2(H)(1). The original general purpose of Section
4.7(F)(7) was to prohibit existing lots from being subdivided in a manner that would
allow a new carriage house to be on its own separate lot. However, when Section
4.7(F)(7) was added to the Land Use Code, the standard did not specify that
creating a new lot in the rear portion of an existing lot applied only to carriage
houses. The project proposes a single-family principal dwelling unit on the new lot,
and does not propose a carriage house.
The Modification meets criteria 2.8.2(H)(4). The front -to -back lot orientation is minor
and inconsequential because the lots are at the corner of two streets and both lots
have frontage on a public street, so that the resulting lot shape and orientation is
Stoner Subdivision, Project #P005 •
Administrative Hearing 5-1-2013
Page 7
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.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by
specific findings showing how the plan, as submitted, meets the requirements and
criteria of said subparagraph (1), (2), (3) or (4).
C. Summary of Applicant's Justification:
The Applicant states that the Modification of Standard complies with Review Criteria
2.8.2(H) in that it would not be detrimental to the public good and that it meets the
additional criteria set forth in criteria (1) and (4) in the following ways:
"Criteria (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
Applicant's Supportinq Findings:
Our project is situated on a corner lot that is bordered on two sides by public streets,
and by an alley on the third side. This allows for the proposed single family home to be
oriented so that it aligns with the already established public frontage of Magnolia Street.
This orientation allows for direct access to the public sidewalk and roadway. The
orientation and setback replicate those of adjoining homes, further enhancing the
integration of the project with the existing neighborhood. Access for city and utility
personnel is preserved, and the collection of trash and recyclables is easily integrated
with the surrounding homes. Most importantly, clear and effective addressing of the
home can be achieved, meeting the critical needs of our first responders.
Criteria (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
Applicant's Supportinq Findings:
When viewed from the perspective of the entire development plan, this modification
should be considered nominal and inconsequential. Currently, the project is comprised
of two lots abutting Wayne Street. Our project seeks to reorient these lots in a manner
that results in both lots with a frontage on Magnolia Street instead. This results in a new
Stoner Subdivision, Project 4130005 •
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Page 6
M. Section 4.7(F)(7) — Development Standards, Subdividing of Existing Lots
This standard states that no existing lot may be further subdivided in such manner as to
create a new lot in the rear portion of the existing lot. The project proposes a new lot in
the rear portion of the existing lot, and a Modification of Standard is proposed to
address this standard.
Request for Modification — Section 4.7(F)(7)
a. The Standard At Issue:
Section 4.7(F)(7) of the Land Use Code states that:
"No existing lot may be further subdivided in such manner as to create a new lot in the
rear portion of the existing lot".
b. Description of the Modification:
The applicant proposes a Modification of Standard to Section 4.7(F)(7) to permit a
new lot in the rear portion of an existing lot.
Land Use Code Modification Criteria:
The decision maker 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
Stoner Subdivision, Project A005 •
Administrative Hearing 5-1-2013
Page 5
reconstructed, altered, repaired, . moved or structurally altered except in
conformance with the regulations herein specified for the district in which it is
located, nor shall a yard, lot or open space be reduced in dimensions or area to
an amount less than the minimum requirements set forth herein or to an amount
greater than the maximum requirements set forth herein'.
H. Section 4.7(E)(4) — Dimensional Standards, Minimum Side Yard Setback
The side yard setback standard requires a minimum 5 feet for all interior side yards and
15 feet on the street side of any corner lot. The standard does not specify different side
setbacks for principal and accessory buildings. For Lot 2, the proposed building and
existing garage are in compliance with the minimum side yard setbacks. For Lot 1, the
existing single-family dwelling has a reduced setback that is less than the 15 feet
typically required for a street -facing side yard. This existing reduced setback is
considered an existing non-conformance, and is permitted provided that the building is
not altered to further reduce the non-conformance.
1. Section 4.7(E)(5) — Dimensional Standards, Maximum Building Height
This standard requires that the maximum building height for the N-C-L zone is 2 stories;
the project is in compliance with this standard.
J. Section 4.7(F)(1) — Development Standards, Building Design
The project is in compliance with all applicable building design standards of this section,
which require that buildings be constructed at right angles to the lot, that the primary
entrance be located along the front wall of the building, that accessory buildings be
located at least 10 feet behind the principal building, that the second floor not overhang
the lower front or side of the building, that the front porch proposed is limited to one
story, and that the roof pitch is between 2:12 and 12:12.
K. Section 4.7(F)(2) — Development Standards, Bulk and Massing
The project is in compliance with the maximum building height limit of 2 stories for the
principal dwelling units. This section also requires that the detached garage, which is an
accessory building with no habitable space, have a maximum height of 20 feet and an
eave height that does not exceed 10 feet. No height alterations to the existing garage
are proposed. These standards would only apply to the existing garage if it is proposed
to be altered in a way that would affect the standard.
L. Section 4.7(F)(4) — Development Standards, Landscape/Hardscape Material
This standard requires that not more than 40% of the front yard be covered with
inorganic material, and the project is in compliance with this standard.
Stoner Subdivision, Project 49005 •
Administrative Hearing 5-1-2013
Page 4
DENSITY CALCULATIONS
SF REAR 50% i
LOT 1
TOTAL FLOOR AREA
2184
_
519
LOT AREA, 2.5XFA=
j 5460 i
_MINIMUM
REAR 50% FLOOR AREA RATIO—
-
-
0.11
- --
j
i
LOT 2
PRINCIPAL BUILDING _ _
SECOND_ FL00_R AREA _
_ 1212 11
I 504
81
--t
GARAGE FLOOR AREA
I 590
590
JTOTAL FLOOR AREA
2306 j
671
MINIMUM LOT AREA, 2.5 X FA_=_
i 5766
-
i--
REAR 50% FLOOR AREA RATIO — _ —
i
0.20
—�
E. Section 4.7(E)(1) — Dimensional Standards, Minimum Lot Width
This standard requires that each single-family dwelling have a minimum lot width of 40
feet. The proposed lots have a width of approximately 100 feet for Lot 1 and 72 feet for
Lot 2.
F. Section 4.7(E)(2) — Dimensional Standards, Minimum Front Yard Setback
This standard requires that the minimum front yard setback be 15 feet and that the
setbacks from garage doors to the backs of public walks be at least 20 feet. The project
complies with these front setback standards. For the existing house on Lot 1, Wayne
Street is considered the front setback, due to the fact that the front door faces Wayne
Street. For Lot 2, Magnolia Street is considered the front. Lot 2 acknowledges the 15
foot front setback and the existing detached garage on Lot 2 is in excess of the
minimum 20 foot garage setback.
G. Section 4.7(E)(3) — Dimensional Standards, Minimum Rear Yard Setback
The rear yard standard requires a minimum rear yard setback of 15 feet, and the
standard does not specify different setbacks for principal and accessory buildings. A 15
foot setback is required for all buildings. Lots 1 and 2 are in compliance with this
standard. The existing detached garage on Lot 2 has a reduced setback that is less
than the standard 15 feet. The reduced setback is considered an existing non-
conformance, and is permitted provided that the garage building is not altered to further
reduce the non-conformance. This is addressed in Division 1.2.4 of the Land use Code,
which states:
"Except as hereinafter provided, no building, structure or land shall be used and
no building or structure or part thereof shall be erected, constructed,
Stoner Subdivision, Project #'f30005 •
Administrative Hearing 5-1-2013
Page 3
2. Compliance with Applicable Article 4, Neighborhood Conservation, Low
Density District N-C-M Standards:
A. Section 4.7(8)(2)(a) - Permitted Uses
Typically, single-family dwellings are a permitted use in the N-C-L zone, subject to basic
development review, provided that the dwelling is on a lot that is part of an approved
site specific development plan. Basic development review is defined as a review
without a public hearing by City of Fort Collins staff for the purpose of determining
compliance with the applicable standards of Article 3 and Article 4.
Due to the fact that the project proposes a new lot orientation, a new plat and
development plan are required. The new single-family dwelling is considered a
permitted Type 1 use subject to an administrative review and public hearing.
B. Section 4.7(D)(1) — Density
The project is in compliance with the minimum required lot area ratio of this section
requiring that the lots are two times the total floor area of the buildings. Section
4.7(D)(1) also requires that the lots be at least 6,000 square feet for single-family
dwellings, and the two lots are in compliance with the minimum lot size, with 9,320
square feet provided for Lot 1 and 6,667 square feet provided for Lot 2.
C. Section 4.7(D)(4) — Accessory Buildings Without Habitable Space:
There is an existing garage which will remain on Lot 2 as an accessory building. The
existing garage meets the requirement of this section which states that the total floor
area of the accessory building shall not exceed 600 square feet. The floor area
proposed for the garage is 590 square feet, therefore meeting the requirements of this
Section.
D. Section 4.7(D)(5) — Floor Area Ratio (FAR):
This section requires that lots are subject to a maximum FAR of twenty-five hundredths
(0.25) on the rear 50% of the lot. The project's proposed Lots 1 and 2 are in
compliance with this requirement, and the site plan tabulations chart is provided on the
Project Development Plan to show compliance as follows:
Stoner Subdivision, Project #i30005 •
Administrative Hearing 5-1-2013
Page 2
RECOMMENDATION: Approval of the Project Development Plan,
Modification of Standard to Section 4.7(F)(7) and
Modification of Standard to Section 3.6.2(J)(2).
EXECUTIVE SUMMARY:
The approval of the Stoner Subdivision Project Development Plan (P.D.P.) complies
with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more
specifically:
• The P.D.P. complies with the process located in Division 2.2 — Common
Development Review Procedures for Development Applications of Article 2 —
Administration.
• The Modification of Standard to Section 4.7(F)(7) and Modification of Standard to
Section 3.6.2(J)(2) that are proposed with this P.D.P. meet the applicable
requirements of Section 2.8.2(H), and the granting of these Modifications would
not be detrimental to the public good.
• The P.D.P. complies with relevant standards located in Article 3 — General
Development Standards, provided that the Modification of Standard to Section
3.6.2(J)(2) that is proposed with this P.D.P. is approved.
• The P.D.P. complies with relevant standards located in Division 4.27,
Neighborhood Conservation, Low Density District (N-C-L) of Article 4 — Districts,
provided that the Modification of Standard to Section 4.7(F)(7) that is proposed
with this P.D.P. is approved, if applicable.
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: N-C-L;
Existing Single -Family Residential
S: N-C-L;
Existing Single -Family Residential
E: N-C-L;
Existing Single -Family Residential
W: N-C-L;
Existing Single -Family Residential
The project site is part of the Kenwood Heights Annexation, June 21, 1924. The
annexation consisted of 80 platted lots that were typically 50 feet wide by 140 feet deep.
The subject property consists of two of the platted lots, each measuring 50 by 160 feet.
The proposed amended plat shows the original east/west interior lot line which is to be
re -oriented to run north/south to bisect Lots 1 and 2.
City of •
FCollins
•ITEM NO PDP #130005
MEETING DATE 5-1-2013
STAFF Holland
HEARING OFFICER
PROJECT: Stoner Subdivision Project Development Plan #130005,
Modification of Standard to Section 4.7(F)(7) and
Modification of Standard to Section 3.6.2(J)(2).
APPLICANT: The Group, Inc.
C/O Berin Wachsmann
375 E. Horsetooth Road
Fort Collins, CO 80525
OWNER: Stoner Family Limited Partnership
502 North Whitcomb Street
Fort Collins, CO 80521
PROJECT DESCRIPTION:
This is a request to consider the replat of Lots 14 and 15, Block 5, of Kenwood Heights
into two new lots known as the Stoner Subdivision. The project site is a total of 15,987
square feet located at 502 Wayne Street, at the southeast corner of Wayne and
Magnolia Streets. An existing single family dwelling at 502 Wayne Street is situated on
both of the existing Lots 14 and 15. The existing single family dwelling would remain on
the newly created west lot (Lot 1), and the 502 Wayne Street address would remain. A
new single-family dwelling is proposed on a new lot created to the east (Lot 2), and a
new Magnolia Street address would be created for the new dwelling. An existing
detached garage will remain on Lot 2 south of the new Magnolia Street residence, and
will provide off-street parking for the Lot 2 dwelling. The project is located in the (N-C-L)
- Neighborhood Conservation Low Density zone district, and is subject to an
administrative (Type 1) review. Two Modifications of Standard to the Land Use Code
accompany the request. The first Modification addresses Section 4.7(F)(7) which states
that no lot may be further subdivided to create a new lot in the rear portion of the
existing lot. The second Modification addresses Section 3.6.2(J)(2) which requires that
portions of alleys be paved in conjunction with the proposed use on Lot 2. This is
because the proposed single-family detached residence on Lot 2 is a principal dwelling
and not a carriage house or accessory building with habitable space. The project
proposes that the alley frontage to the east of Lot 2 remain unpaved with limited
improvements, and this is permitted only with a carriage house or accessory building
with habitable space unless a Modification is approved.
Planning Services 281 N College Ave — PO Box 580 — Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750