HomeMy WebLinkAbout431 E. LAUREL STREET REPLAT (ROLLINS SUB.) - PDP - 30-10 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS4 ;xy
ROLLINS SUBDIVISION
BEING A REPLAT OF LOT 5, BLOCK 157, GALLIGAN'S SUBDIVISION
SITUATE IN THE NORTHWEST 114 OF SECTION 13, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.,
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
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The Request for Modification to allow a 4,000 square foot lot meets the
criteria of Section 2.8.2(H)(4) as conditioned by Staff.
The Request for Modification to allow zero off-street parking spaces on Lot
One is recommended by Staff to require two off-street parking spaces and
conditioned such that adequate screening is provided for the benefit of 425
East Laurel Street.
The ten foot front yard setback along Whedbee Street for a future structure on
Lot Two is found to comply with Section 3.8.19 - Contextual Setback, subject
to the to setback being moved to 10.65 feet to match the existing setback of
the church's main building.
RECOMMENDATION:
Staff recommends approval of 431 East Laurel Street Replat, Project
Development Plan, #30-10, subject to the following conditions:
1. In order to mitigate concerns related to height, mass, bulk and scale,
the Request for Modification of Standard to allow a 4,000 square foot
lot is approved subject to the condition that the maximum allowable
floor -to -area ratio be reduced from the allowable 0.50 to 0.40.
2. Prior to issuance of a building permit for Lot Two, at least two off-
street parking spaces shall be provided on Lot One, and that such
parking be screened from view from 425 East Laurel Street by a solid
wood, six-foot high fence, or by any screening device considered .
sufficient and mutually agreed upon by the owners of 425 and 431
East Laurel Street.
3. The front setback for Lot Two shall be no closer to the front property
line than 10.65 feet in order to match the front setback of the main
portion of the existing church located to the south across the east -
west alley at 717 Whedbee Street.
4. At the time of submittal for Final Compliance Plan, a site plan shall
be submitted that graphically illustrates and states in notation form
the design parameters of the recommended conditions of approval
and any further conditions that may be found to be appropriate the
Hearing Officer.
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building. The pictures look south and demonstrate the relationship of the
proposed ten foot setback, as indicated by the westerly painted white line, and
the existing church. Since the future house on Lot Two and the church are the
only two buildings on Block 157 that orient towards Whedbee Street, a contextual
setback is established.
4. Staff Evaluation and Analysis:
The purpose of the 15 foot front setback standard is to provide uniformity and
cohesion among numerous buildings along a single block faceoff. Time has
proven that such an attribute is well -accepted and makes for an attractive and
pleasing urban design.
The provision of the Contextual Setback standard, however, recognizes that the
prescriptive metric of 15 feet might not always accomplish the goal of positive
urban design in all instances. The standard speaks to allowing a flexible
approach, where appropriate, as long as there is a reasonable basis upon which
to allow a front setback less than 15 feet.
In the case of Lot Two, clearly there is a contextual basis with existing church as
these would be the only structures facing east along Whedbee Street between
Laurel Street and Plum Street. Lot One is oriented north towards Laurel Street
and 430 Plum Street is oriented south.
Whedbee Street contains 60 feet of pavement width from curb -to -curb within a
total public right-of-way of 100 feet. On each side of the street there is 20 feet of
right-of-way that includes the parkway, detached sidewalk and between four and
five feet between the back of the sidewalk and the property line. A ten foot
setback on Lot Two would not result in right-of-way widths below established
minimums.
5. Staff Recommendation:
Staff recommends approval of the Contextual Setback subject to the following
condition:
The front setback for Lot Two shall be no closer to the front property
line than 10.65 feet in order to match the front setback of the main
portion of the existing church located to the south across the east -
west alley at 717 Whedbee Street.
Findings of Fact/Conclusion:
The request to for a Replat of 431 East Laurel Street complies with the
applicable standards of the N-C-M zone district with two exceptions.
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CONTEXTUAL FRONT SETBACK - LOT TWO
SECTION 3.8.19(B)
The Standard at Issue:
This is not a Request for Modification and the criteria of Section 2.8.2 do not
apply. Rather, the Contextual Setback is a non -prescriptive standard that allows
the decision maker to consider factors other than the minimum metric. The
standard reads as follows:
(B) Contextual Setbacks. Regardless of the minimum front setback
requirement imposed by the zone district standards of this Land Use Code,
applicants shall be allowed to use a "contextual" front setback. A
"contextual" front setback may fall at any point between the front setback
required in the zone district and the front setback that exists on a lot that
abuts, and is oriented to, the same street as the subject lot. If the subject lot
is a corner lot, the "contextual" setback may fall at any point between the
zone district required front setback and the front setback that exists on the
lot that is abutting and oriented to the.same street as the subject lot. If lots
on either side of the subject lot are vacant, the setback shall be interpreted
as the minimum required front setback that applies to the vacant lot. This
provision shall not be construed as requiring a greater front setback than
that imposed by the underlying zone district, and it shall not be construed
as allowing setbacks to be reduced to a level that results in right-of-way
widths below established minimums.
2. Description of the Contextual Setback:
A dwelling constructed on Lot Two would normally be required to provide a 15
foot front setback behind the property line along Whedbee Street. The applicant
is requesting ten feet.
3. Summary of the Applicant's Justification:
The applicant contends that the ten foot setback is contextual with the Whedbee
Street block face because the distance is very close to the 10.65 foot setback of
the main church building located directly south of Lot Two and separated by the
existing alley. As a point of clarification, this 10.65 setback is measured from the
main building, not the vestibule which is only 4.47 feet setback from front
property line.
The applicant has provided pictures that show by white painted lines the front
property line of Lot Two and the proposed ten foot setback with the church
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Whedbee Street where there is likely not to be competition for parking from
surrounding residents.
It is not unreasonable to expect the residents of the duplex to park along the
public streets as do current residents, especially given the amount of linear front
footage along two public streets. But, at the same time, the duplex can be
expected to generate more parking activity than a single family detached home
and the property does bear some responsibility to not create a negative
externality.
5. Staff Recommendation and Finding of Fact:
Staff recommends approval of the Request for Modification but only to the extent
of requiring two spaces to be provided off-street on Lot One versus zero spaces,
and subject to the condition of approval as described below. In evaluating the
request and in fulfillment of the requirements of Section 2.8.2(H)(4), Staff makes
the following findings of fact:
A. The granting of the Modification would not be detrimental to the
public good.
B. The Replat, 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 and context of south block face of the 400 block of East
Laurel Street and the west block face of the 700 block of Whedbee
Street, and will continue to advance the purposes of the Land Use
Code as contained in Section 1.2.2.
C. In order to mitigate concerns of competition of public on -street
parking or concerns about neighborhood clutter due to an
excessive amount of on -street parking, the Request for Modification
of Standard is approved subject to the following condition:
Prior to issuance of a building permit for Lot Two, at
least two off-street parking spaces shall. be provided on
Lot One, and that such parking be screened from view
from 425 East Laurel Street by a solid wood, six-foot
high fence, or by any screening device considered
sufficient and mutually agreed upon by the owners of
425 and 431 East Laurel Street.
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(a) Attached Dwellings: For each two-family and multi-
family dwelling there shall be parking spaces provided as
indicated by the following table:
Number of Bedrooms/Dwelling Unit
Parking Spaces Per Dwelling Unit*
One or less
1.5
Two
1.75
Three
2.0
Four and above
2.5
2. Description of the Modification:
Lot One contains an existing duplex that requires four off-street parking spaces.
Zero parking spaces are requested.
3. Summary of the Applicant's Justification:
The applicant contends that the need for parking spaces at the duplex has
historically been satisfied by the residents parking on -street, using bicycles and
walking. This demand for on -street parking has not exceeded the supply of
parking within the adjacent neighborhood.
4. Staff Evaluation and Analysis:
The purpose of the off-street minimum parking requirement is to ensure that the
private sector does not create a negative externality by forcing residents to park
on surrounding public streets. The standard is reasonable and has served our
community well over the years; a college town with approximately 40% of the
housing stock classified as multi -family that is geographically dispersed
throughout the entire community across a variety of neighborhoods.
In the case of Lot One of the proposed Replat, there is a requirement for four
spaces on a corner lot that would have 50 feet of street frontage along East
Laurel Street and 100 feet of street frontage along Whedbee Street.
Most all of the homes on the south block face of the 400 block of East Laurel
Street provide off-street parking on the rear portion of the lots with access gained
by the east -west alley. While each lot has alley access and there area number
of both surface and garage parking spaces are located off this alley, a number of
cars are parked along the street, at least during the observable daytime hours.
Further, for the existing duplex, there would be 80 feet of frontage along
IN
blocks include multi -family dwellings and one public high school. The
neighborhood is stable, vibrant and characterized by a well -maintained housing
stock. In fact the 600 block Whedbee rivals West Mountain Avenue with an
impressive display of stately homes in the classic Craftsman Bungalow style.
5. Staff Recommendation and Finding of Fact:
Staff recommends approval of the Request for Modification, subject to one
condition as described below. In evaluating the request and in fulfillment of the
requirements of Section 2.8.2(H)(4), Staff makes the following findings of fact:
A. The granting of the Modification would not be detrimental to the
public good.
B. The Replat, 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 and context of the adjacent (nine block) neighborhood,
and will continue to advance the purposes of the Land Use Code as
contained in Section 1.2.2.
C. In order to mitigate concerns related to height, mass, bulk and
scale, the Request for Modification of Standard is approved
subject to the condition that the maximum allowable floor -to -
area ratio be reduced from the allowable 0.50 to 0.40.
SECOND MODIFICATION — DUPLEX PARKING
SECTION 3.22(K)(1)(a)
1. The Standard at Issue:
This section requires four off-street parking spaces for a duplex consisting of one
three -bedroom unit and one one -bedroom unit.
(K) Parking Lots -Required Number of Off -Street Spaces for Type of
Use.
(1) Residential and Institutional Parking Requirements.
Residential and institutional uses shall provide a minimum number
of parking spaces as defined by the standards below.
01
balconies and basements shall not be counted as floor area for
purposes of calculating density).
2. Description of the Modification:
Lot Two is proposed to contain 4,000 square feet versus 5,000 square feet.
3. Summary of the Applicant's Justification:
The applicant contends that within the adjacent neighborhood, the subdividing of
corner lots, with each new subsequent lot having its own street frontage, is
typical. The resulting parcel sizes vary but there are a number of lots with less
than 5,000 square feet and a number of lots with 4,000 square feet or less.
The applicant has provided an exhibit that highlights the location of the various
subdivided comer lots in the vicinity of the subject site. A table is also provided
that lists the parcel sizes of the divided lots.
The data reveal that three of the four comers of the Whedbee / Laurel
intersection feature comer lots that have already been subdivided. And, the
southeast corner, facing the subject lot, features a subdivided lot containing only
3,600 square feet. In the adjacent neighborhood, defined as within two blocks of
the subject site, there are 14 divided lots containing less 4,000 square feet. The
applicant states that a majority of the corner of lots have been subdivided.
4. Staff Evaluation and Analysis:
The purpose statement of the N-C-M zone district states:
"(A) Purpose. The Neighborhood Conservation, Medium Density District
is intended to preserve the character of areas that have a predominance of
developed single-family and low- to medium -density multi -family housing
and have been given this designation in accordance with an adopted
subarea plan."
The subject block, Block 157, is surrounded by eight blocks. For these nine
blocks, there are a total of 36 corners. Of these 36 corners, 24, or 75%, have
been. subdivided. (Note that while three corners feature two separate dwelling
units, they are not counted because the lots are not subdivided. Thus, the 75%
ratio may be considered conservative.) On these 24 corners, there are 12 lots
that are 4,000 square feet or less and nine lots are 5,000 square feet or less.
Preserving neighborhood character is an important attribute for the zone district.
It can be argued, however, that the purity of the character has been diluted with
the existing pattern of corner lots being subdivided and with a significant number
of lots at least 1,000 square feet below the 5,000 square feet. Further, the nine
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5. Citizen Participation:
The Current Planning Department has received public input regarding this
project. Numerous contacts have been made to the City by adjacent property
owners. A copy of correspondence from two property owners is attached. In
general, the dialogue among the citizens, applicant and City have been
productive and respectful. Issues related to property maintenance and tenant
behavior, while important, are not matters that can be directly addressed by the
Land Use Code.
One of the key issues is that the ultimate development of proposed Lot Two is
planned to be done in a two-step process. First is the request to subdivide the
lot. Second, if the subdivision is approved, would be to proceed to the
construction phase. This two-step approach precludes the neighbors from
knowing the size, height, shape and style of the future house and is a source of
consternation. Besides the character of the new house, other issues raised are
adequate parking for the existing duplex, privacy fencing and the setback along
Whedbee Street. Finally, there are concerns related to a future potential
conversion to a duplex.
FIRST MODIFICATION - MINIMUM LOT SIZE
SECTION 4.8(D)(1)
The Standard at Issue:
Section 4.8(D)(1) requires that the minimum lot size be 5,000 square feet. The
standard reads as follows:
(D) Land Use Standards.
(1) Density/Intensity of Development. Minimum lot area shall be
the equivalent of two (2) times the total floor area of the
building(s), but not less than the following: five thousand (5,000)
square feet for a single-family or two-family dwelling and six
thousand (6,000) square feet for all other uses. For the purposes of
calculating density, "total floor area" shall mean the total gross
floor area of all principal buildings as measured along the outside
walls of such buildings, including each finished or unfinished floor
level, plus the total gross floor area of the ground floor of any
accessory building larger than one hundred twenty (120) square
feet, plus that portion of the floor area of any second story having a
ceiling height of at least seven and one-half (7%) feet located
within any such accessory building located on the lot. (Open
7
Q. Section 4.8(F)(6) — Parking In Rear
This standard requires that permanent open off-street parking areas shall not be
located any closer to a public street than the buildings.
The applicant has indicated that compliance with this standard will be met and
demonstrated at the time of Building Permit / Basic Development Review.
4. Compliance with Applicable General Development Standards:
A. Section 3.2.2(K)(1)(a) — Minimum Required Off-street Parking
This standard requires that the future single family detached dwelling on Lot Two
provide a minimum of one off-street space and that the existing duplex provide
four off-street spaces.
The applicant has indicated that for the future single family detached dwelling on
Lot Two, there will be one off-street parking space and demonstrated at the time
of Building Permit and Basic Development Review. For the existing duplex on
Lot One which requires four off-street spaces, however, there would be zero off-
street parking spaces. A Modification of Standard has been requested which is
evaluated in a subsequent sub -section.
B. Section 3.3.1(B) — Lots
This standard requires that no lot shall have less area than required under the
applicable zoning district. And, each lot must have vehicular access to a public
street. Finally, side lot lines shall be substantially at right angles or radial to
street lines.
In accordance with Section 3.1.2, the size of Lot Two is evaluated under Section
4.8(D)(1) because it is a more specific standard and therefore governs over
Section 3.3.1(B). Both Lots One and Two will have access to a public street or
alley and all side lot lines are at right angles to street lines.
C. Section 3.3.1(C) — Public Dedications
This standard requires that an applicant dedicate rights -of -way for public streets,
drainage easements and utility easements needed to serve the site.
East Laurel Street, Whedbee Street and the east -west alley are fully dedicated.
There are no drainage easements or utility easements needed to serve the site.
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K. Section 4.8(F)(d) — Second Floor Overhang Prohibition
This standard requires that the second floor not overhang the front or side
exterior walls of a new building.
The applicant has indicated that compliance with this standard will be met and
demonstrated at the time of Building Permit / Basic Development Review.
L. Section 4.8(F)(e) — Height of Front Fagade
This standard requires that front porches be limited to one-story in height.
The applicant has indicated that compliance with this standard will be met and
demonstrated at the time of Building Permit / Basic Development Review.
M. Section 4.8(F)(g) — Minimum Roof Pitch
This standard requires that the minimum roof pitch be 2:12.
The applicant has indicated that compliance with this standard will be met and
demonstrated at the time of Building Permit / Basic Development Review.
N. Section 4.8(F)(2)(a)1. — Maximum Building Height
This standard sets the maximum height at two stories.
The applicant has indicated that compliance with this standard will be met and
demonstrated at the time of Building Permit / Basic Development Review.
O. Section 4.8(F)(4) — Front Yard Landscape
This standard requires that no more than 40% of the front yard of a lot may be
covered by inorganic material such as asphalt, concrete, stone, rock or gravel.
The applicant has indicated that compliance with this standard will be met and
demonstrated at the time of Building Permit / Basic Development Review.
P. Section 4.8(F)(5) -Alley Access
This standard requires that whenever a lot has frontage along an alley, any new
off-street parking located on such lot must obtain access from such alley.
The applicant has indicated that compliance with this standard will be met and
demonstrated at the time of Building Permit / Basic Development Review.
E
F. Section 4.8(E)(3) — Minimum Rear Yard Setback
This standard requires that the buildings be set back from the rear property line
by 15 feet.
The applicant has stated compliance with this standard will be met and exceeded
by providing a 20 foot rear yard setback to be demonstrated at the time of
Building Permit / Basic Development Review.
G. Section 4.8(E)(4) — Minimum Side Yard Setback
This standard requires that the buildings be setback from an interior side yard by
five feet. In addition, whenever any portion of a wall exceeds 18 feet in height,
such portion of the wall shall be set back from the interior side lot line an
additional one foot, beyond the minimum required, for each two feet, or fraction
thereof, that exceeds 18 feet in height.
The applicant has stated that compliance with this standard will be met and there
would not be any portion of a wall that exceeds 18 feet in height. This will be
demonstrated at the time of Building Permit / Basic Development Review.
H. Section 4.8(E)(5) — Maximum Building Height
This standard limits the maximum height to two stories.
The applicant has indicated that compliance with this standard will be met and
demonstrated at the time of Building Permit / Basic Development Review.
I. Section 4.8(F)(1)(a) — Walls Parallel or at Right Angles to Side Lot Lines
This standard requires that all exterior walls be constructed parallel or at right
angles to the side lot lines whenever the lot is rectilinear in shape.
The applicant has indicated that compliance with this standard will be met and
demonstrated at the time of Building Permit / Basic Development Review.
J. Section 4.8(F)(1)(b) — Primary Entrance Along Front Wall
This standard requires that the primary entrances be located along the front wall
and that such entrance shall include an architectural feature such as a porch.
The applicant has indicated that compliance with this standard will be met and
demonstrated at the time of Building Permit / Basic Development Review.
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so the review process is as comprehensive as possible for consideration by the
Hearing Officer. This is preferable versus waiting for application for Building
Permit / Basic Development Review at which time Modifications of Standard
would then be forwarded to the Zoning Board of Appeals.
B. Section 4.8(D)(1) — Density/Intensity of Development
This standard requires that the minimum lot area shall be the equivalent of two
times the total floor area of the building resulting in a maximum floor -to -area ratio
of 0.50. And, at no time shall the lot be less than 5,000 square feet for a single
family detached dwelling or a duplex.
Lot One would comply. Lot Two, however, is proposed to contain 4,000 square
feet versus the required minimum of 5,000 square feet. The applicant has
requested a Modification of Standard that will be evaluated in a separate sub-
section.
C. Section 4.8(D)(5) — Floor -to -Area Ratio on Rear 50% of Lot
This standard establishes a maximum floor -to -area ratio of 0.33 on the rear 50%
of the lot as it existed on October 25, 1991.
The rear one-half of Lot Two would contain 2,000 square feet. The maximum
floor -to -area ratio of 0.33 would result in a maximum of 660 square feet. The
applicant has stated that this standard can be achieved and will be evaluated at
the time of Building Permit / Basic Development Review.
D. Section 4.8(E)(1) — Minimum Lot Width
This standard requires that the minimum lot width for a single family detached
dwelling be 40 feet.
Lot One is 50 feet wide and Lot Two is 80 feet wide.
E. Section 4.8(E)(2) — Minimum Front Yard Setback
This standard requires that the set back from Whedbee Street be a minimum of
15 feet.
The applicant has requested that the set back front yard setback be ten feet and
the justification is that the ten foot setback matches the church to the south. By
matching the only other existing building on the block face, the project is eligible
for consideration under the criteria of Section 3.8.19(B) - Contextual Setback.
The front yard Contextual Setback is evaluated in a separate sub -section.
3
pertaining to minimum lot size and number of off-street parking spaces. A
Contextual Setback is proposed for the front yard along Whedbee Street.
Conditions of approval are recommended in association with these requests.
There has been significant neighborhood input provided to the Current Planning
Department and these concerns have been considered. A final condition of
approval relates to providing sufficient documents at Final Compliance in order
for the project to proceed to the next step.
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: N-C-M; Single Family Detached Dwelling
S: N-C-M; Place of Worship
E: N-C-M: Single Family Detached Dwelling
W: N-C-M: Single Family Detached Dwelling
2. Zoning History:
The property is currently platted as a replat of Lot 5, Block 157, Galligan's
Subdivision, approved in 1905. The house was built in 1904. During the 1990's,
the house featured an in -home child care business. In 2005, the building was
acknowledged by the. City of Fort Collins to be converted to a duplex. In 2007, a
building permit to install egress windows was issued.
In 1996, the Zoning Code was amended to increase the minimum lot size in the
N-C-M zone district from 4,500 to 5,000 square feet.
3. Compliance with N-C-M Zone District Standards:
A. Section 4.8(B) (3) (a) 1. — Permitted Uses
The applicant has stated that the purpose of the Replat is to create a new lot for
a single family detached dwelling which is a permitted use subject to Basic
Development Review. This will be the review process at the time the applicant
seeks a Building Permit.
It is important to note that although two Modifications of Standard are being
requested in conjunction with this Replat, plans for the single family detached
dwelling unit have not been submitted nor are being reviewed with this
application. The two Modifications of Standard are being sought with the Replat
2
City of
,,F,�t Collins
Il tM NO '-L
MEETING DATE JTANu A/.Y i,2, c;16 i r
STAFF 76-0 TleZ-P.4.eO
HEARING OFFICER
PROJECT: 431 East Laurel Street, Replat, Project Development Plan,
#30-10
APPLICANT: Homes By Campus, Inc.
c/o Ruth Rollins
P.O. Box 271262
Fort Collins, CO 80527
OWNER: Same
PROJECT DESCRIPTION:
This is a request to replat one existing lot, addressed as 431 East Laurel Street
and containing 9,004 square feet, into two lots. Lot One would include the
existing house (duplex) that fronts onto East Laurel Street and contain 5,004
square feet. Lot Two would be a vacant lot that would front onto Whedbee Street
and contain 4,000 square feet. The existing east -west alley would form the south
property line of proposed Lot Two.
The applicant is requesting two Modifications of Standard. The first would allow
Lot Two to contain 4,000 square feet versus the minimum required lot size of
5,000 square feet. The second would allow Lot One, which contains the existing
duplex, to provide zero off-street parking spaces versus the minimum required
four spaces. The site is located at the southwest comer of East Laurel Street
and Whedbee Street and zoned N-C-M, Neighborhood Conservation Medium
Density.
RECOMMENDATION: Approval of the P.D.P. and Request for Two
Modifications of Standard, subject to four conditions.
EXECUTIVE SUMMARY:
The request to subdivide 431 East Laurel Street represents the first phase of a
project to ultimately construct a single family detached dwelling on a newly
created lot. The Replat also includes two Requests for Modification of Standard
Current Planning 281 N College Av PO Box 580 Fort Collins, CO 80522-0580
fcgov.com/currentplanning 970.221.6750