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Home My WebLink About4406 SENECA ST. GROUP HOME - PDP - PDP170024 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS (10)Staff Report — 4406 Seneca St. Group Home, PDP170024 Planning & Zoning Board Hearing - 09-14-2017 Page 10 1. Zoning & Site Vicinity Map 2. Planning Document Set (Site Plan, Landscape Plan, Elevations) 3. Modification of Standard Request 4. Letter of Completion for Addition 5. Neighborhood Meeting Summary 6. Location of Group Homes in Fort Collins Staff Report — 4406 Seneca St. Group Home, PDP170024 Planning & Zoning Board Hearing - 09-14-2017 Page 9 G. Section 4.4(D)(2)(e) — Building Height The group home structure is one story in height, below the maximum three stories allowed for group homes in this zone. 5. Neighborhood Meeting: City staff held a neighborhood meeting for this proposal on May 3, 2017 at Webber Middle School. 13 residents participated in the neighborhood meeting. Comments from the neighborhood meeting focused on the following issues: • Non-residential uses are not allowed per the Regency Park private covenants • Safety issues with seniors living in a basement • Concern about parking for visitors • 8 residents seems like too many 6. Findings of Fact / Conclusion: In evaluating the request for the 4406 Seneca St. Group Home Project Development Plan, staff makes the following findings of fact: A. The Project Development Plan complies with process located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. B. The Modification of Standard to Section 3.8.6(A) that is proposed with this Project Development Plan meets the applicable requirements of Section 2.8.2(H), in that the granting of the Modification would not be detrimental to the public good and the proposal submitted promotes the general purpose of the code standard equal to or better than would a compliant plan. C. The Project Development Plan complies with relevant standards of Article 3 — General Development Standards, if the Board approves the modification to Section 3.8.6(A). D. The Project Development Plan complies with relevant standards located in Division 4.4 Low Density Residential (RL). RECOMMENDATION: Staff recommends approval of 4406 Seneca St. Group Home, PDP170024. ATTACHMENTS: Staff Report — 4406 Seneca St. Group Home, PDP170024 Planning & Zoning Board Hearing - 09-14-2017 Page 8 Group homes are a permitted use subject to Planning & Zoning Board review, which satisfies this standard. B. Section 4.4(D)(1) — Density All developments in the RL require a minimum lot size of 6,000 square feet or three times the total floor area of the building, whichever is greater. Article 5 provides a definition of floor area, which means the gross floor area of a building as measured along the outside walls of the building and including each floor level, but not including open balconies, the first seven hundred twenty (720) square feet of garages or other enclosed automobile parking areas, basements and one-half (Y2) of all storage and display areas for hard goods.The main level of the house is the only portion of the site that would count towards the floor area calculation. The site plan indicates the main level of the home is 2,525 square feet. Three times the main level square footage is 7,575 square feet. The lot is 10,468 square feet, which means the lot complies with this standard. C. Section 4.4(D)(2)(a) — Minimum Lot Width For all uses except single-family dwellings and child-care centers, the minmum lot width is 100 feet. The lot at 4406 Seneca St. is 100 feet, which complies with this standard. D. Section 4.4(D)(2)(b) — Minimum Front Yard Setback The minimum front yard setback is 20 feet. The existing house is setback 25 feet from Seneca St. E. Section 4.4(D)(2)(c) — Minimum Rear Yard Setback The minimum rear yard setback is 15 feet. In 2006, the homeowner received a building permit for an addition to the rear of the home that encroached into the minimum setback. At its closest point, the rear addition is 11 feet, 6 inches from the rear property line. On April 2, 2007 City staff a letter of completion for the addition, inidicating the addition met all applicable City codes (attachment 4). Since the proposed group home is not showing a greater deviation from the standard, staff finds the proposal to meet this code section. F. Section 4.4(D)(2)(d) — Minimum Side Yard Setback The minimum side yard setback for interior side yards is five feet. The building is setback further than the minimum five feet in accordance with this standard. Staff Report — 4406 Seneca St. Group Home, PDP170024 Planning & Zoning Board Hearing - 09-14-2017 Page 7 The existing lot area not covered by buildings or paving features landscaping as installed by the previous homeowner in accordance with this code standard including turf grass, mulch, shrubs, and trees. C. Section 3.2.2(K) — Required Number of Off -Street Spaces for Type of Use Vehicle parking space requirements for group homes are derived from the following formula: two parking spaces for every three employees and one parking space for each four adult residents, unless the residents are prohibited from owning or operating a vehicle. The site plan indicates the group home will have three employees. The existing driveway can accommodate three cars without blocking other parked vehicles. None of the residents will be allowed to own cars. The three parking spaces provided meet this code standard. D. Section 3.5.1 — Building and Project Compatibility This section of the Land Use Code contains standards relating to building form (size, height, bulk, mass, scale), materials, and outdoor storage. The applicant proposes a minor change to the east side of the building. In order to provide better ingress and egress to the basement, the applicant proposes adding a stairwell. This stairwell does not appreciably change the size, height, bulk, mass, or scale of the building. By not making substantial changes to the building, the proposal meets this code section. E. Section 3.8.6(C)(1) This subsection of the supplementary group home standards states the decision maker shall establish the specific type of group home permitted and the maximum number of residents allowed. Staff recommends the group home at this location be permitted only to serve seniors for up to 8 residents if the Modification of Standard to Section 3.8.6(A) is approved. Proposed changes to the type of group home population being served or increasing the number of group home residents would constitute a change in character, requiring a major amendment and an additional public hearing. 4. Compliance with Article 4 of the Land Use Code — Low Density Residential (R-Q, Division 4.4: The project complies with all applicable Article 4 standards as follows: A. Section 4.4(B)(3)(a) — Permitted Uses Staff Report — 4406 Seneca St. Group Home, PDP170024 Planning & Zoning Board Hearing - 09-14-2017 Page 6 equally well or better than would a plan which complies with the standard for which a modification is requested. The purpose of this standard is to provide group home residents with ample space and retain the character of the neighborhood in which the home is located. In the RL zone, the minimum lot size is 6,000 square feet per Section 4.4(D)(1). A group home with eight residents would require a 13,500 square foot lot in the RL zone per this standard. The lot at 4406 Seneca St. is only 10,468 square feet. Per this code standard, this lot could only accommodate five residents. The building in which the applicant is seeking to put the group home is unique. The home is 5,300 square feet, which provides 530 square feet of living space for each resident and the on -site supervisors. The applicant only proposes a minor change to the exterior of the building to accommodate a stairwell for improved ingress and egress. This means the residential character of the existing house will be retained. The home also sits across the street from two schools and is a short walk to Westfield Park, which provides additional outdoor amenities to the residents of the group home above and beyond the home's yard space. None of the residents are allowed to own vehicles per the applicant's submittal, so the number of residents will not have an adverse impact on neighborhood parking issues. Due to the size of the home, proximity to open space, and stipulation that residents will not be allowed to own vehicles, staff finds the proposal to be equal to or better than a compliant plan. 3. Compliance with Article 3 of the Land Use Code — General Development Standards: The project complies with all applicable General Development Standards as detailed below. A. 3.2.1(D) — Tree Planting Standards The existing site already features a number of mature trees that meet requirements for street trees, tree -stocking, and diversity/size requirements. No new trees will be planted as part of the proposal and all existing trees are planned to remain in place. B. 3.2.1(E)(2) — Landscape Area Treatment Staff Report — 4406 Seneca St. Group Home, PDP170024 Planning & Zoning Board Hearing - 09-14-2017 Page 5 (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). Summary of Applicant's Justification: The applicant requests that the Modification be approved and provides the following justification based upon Criterion 1 (proposal submitted promotes the standard equal or better than a compliant plan): Applicant's Justification Modification #1: • The home is 5,300 square feet, which provides ample living space for each resident while meeting the intent of the code section. • A strict application of this standard would result in an undue hardship upon the owner of the property. • State of Colorado licenses group homes, so this would not result in a burden on the City of Fort Collins. • No other Colorado city has an occupancy restriction for group homes based on lot size. Staff Finding: Staff finds that the request for a Modification of Standard to Section 3.6.2(E) is justified by the applicable standards in 2.8.2(H)(1). A. The granting of the Modification would not be detrimental to the public good B. The project design satisfies 2.8.2(1-1)(1): the plan as submitted will promote the general purpose of the standard for which the modification is requested Staff Report — 4406 Seneca St. Group Home, PDP170024 Planning & Zoning Board Hearing - 09-14-2017 Page 4 2. Compliance with Section 2.8.2ft of the Land Use Code - Modification of Standards Modification #1 Description: The applicant requests a Modification to Section 3.8.6(A) - Lot Area and Separation Requirements to have a residential group home with 8 residents, excluding supervisors. Land Use Code Standard Proposed to be Modified (areas underlined and bolded for emphasis): Land Use Code 3.8.60): zone Maximum Additional lot Maximum Minimum number of area for each permissible separation residents additional residents, requirements excluding resident excluding between any supervisors (square feet) supervisors other group for minimum home (feet) lot size R-L, N-C-L, 3 1,500 8 1,500 H-C, E, R-F 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 Staff Report — 4406 Seneca St. Group Home, PDP170024 Planning & Zoning Board Hearing - 09-14-2017 Page 3 Site & Zoning Vicinity Map 1 inch = 417 feet 4406 Seneca St. Group Home Zoning & Site Vicinity Map Staff Report — 4406 Seneca St. Group Home, PDP170024 Planning & Zoning Board Hearing - 09-14-2017 Page 2 2.8.2(H), in that the granting of the Modification would not be detrimental to the public good and the proposal submitted promotes the general purpose of the code standard equal to or better than would a compliant plan. • The Project Development Plan complies with relevant standards of Article 3 — General Development Standards, so long as the Board approves the modification to Section 3.8.6(A). • The Project Development Plan complies with relevant standards located in Division 4.4 Low Density Residential (RL). COMMENTS: 1. Background The property annexed into the City as part of the Horsetooth — Harmony West Annexation on June 3, 1980. The property developed as a single-family detached home as part of the Regency Park PUD in 1987. The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Low Density Residential (RL) School South Low Density Residential (RL) Single-family detached East Low Density Residential (RL) Single-family detached West Low Density Residential (RL), Low Density Mixed -Use Neighborhood LMN Single-family detached and single - family attached A zoning vicinity map is presented on the following page: F6rtiof MEETING DATE STAFF Sep. 14, 2017 Clay Frickey PLANNING & ZONING BOARD PROJECT: 4406 Seneca St. Group Home, PDP170024 APPLICANT: Greg & Justyuna Baustert 38844 CR 31 Eaton, CO 80615 OWNER: 4406 Seneca Street Trust 3654 Shampo Dr. Warren, MI 48092 PROJECT DESCRIPTION: This is a request for a Project Development Plan to convert a single-family residence into a ten -bedroom group home at 4406 Seneca St (parcel # 9734411014). The proposal would serve as an assisted living facility that is licensed by the State of Colorado for eight elderly residents. The site plan indicates the conversion of the existing two -car garage into two bedrooms with a shared bathroom totaling 5 bedrooms on the first floor. The basement will consist of five bedrooms and the additional access gained from a new stairwell on the east side of the residence. The applicant indicated that there will be an on -site manager and installation of a sprinkler system. The site will include parking on a circular driveway for 3 cars. The project is located in the Low Density Residential (RL) zone district and is subject to Planning and Zoning Board (Type II) review. RECOMMENDATION: Staff recommends approval of 4406 Seneca St. Group Home, PDP170024. EXECUTIVE SUMMARY: The 4406 Seneca St. Group Home Project Development Plan complies with the applicable requirements of the City of Fort Collins Land Use Code, more specifically: • The Project Development Plan complies with process located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. • The Modification of Standard to Section 3.8.6(A) that is proposed with this Project Development Plan meets the applicable requirements of Section Planning Services 281 N College Ave - PO Box 580 - Fort Collins, CO 80522-0580 fcgov.com/developmentreview/ 970.221.6750