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HomeMy WebLinkAbout4406 SENECA ST. GROUP HOME - PDP ..... APPEAL TO CITY COUNCIL - PDP170024 - SUBMITTAL DOCUMENTS - ROUND 1 - APPEAL TO CITY COUNCIL (15)Attachment 19 From: Gail Wallis [mailto:gail.wallis@gmail.coml Sent: Tuesday, September 12, 2017 4:12 PM To: Sylvia Tatman-Burruss Cc: Clay Frickey; Lyle Wallis Subject: PDP170024, 4406 Seneca St. Group Home Hello, Although we are unable to attend the September 14 meeting, we are sending this email to voice our strong disapproval of the proposed group home, to be located at 4406 Seneca Street. We have lived in our home in Regency Park since 1991. Regency Park always has been a neighborhood of single-family residences; we strongly believe the neighborhood should remain as such. Very sincerely, Gail and Lyle Wallis Gail Wallis 1436 Hilburn Drive 80526 970-225-9703 gail.wallis@gmail.com lyle.wallis@gmail.com Attachment 18 -----Original Message ----- From: Cory Raasch [mailto:cnraasch@hotmail.com] Sent: Friday, September 08, 2017 3:25 PM To: Clay Frickey Cc: Sylvia Tatman-Burruss Subject: Re: 4406 Seneca St Group Home PDP 170024 Input Thanks Clay. We understand both your points. We do NOT understand what the justification is to exceed the land use code standard for the lot and allow more than 5 residents. Why is the city acting like it is obligated to do so, especially knowing that the covenants and school concerns are hanging out there? In our minds, it all comes down to allowing the land use code rules to be broken to enable an investor to profit from a business venture. Meanwhile, you are harming neighborhood residents and putting our school children at risk. Please pass these comments on to the board as well. Thanks. Nancy Raasch Attachment 17 -----Original Message ----- From: Joe Ashcraft [mailto:ioe.ashcraft@neenan.com] Sent: Friday, September 08, 2017 4:27 PM To: Clay Frickey Subject: Seneca House group home Good afternoon Clay, I own the house at 4412 Seneca St directly next door to the house that is up for review as a group home. I am in favor of this project and would like to see it move forward. I believe this type of residential living will enhance the neighborhood. I believe that the residents will be good neighbors and community members. Please let me know if you have any questions for me. Thanks, Joe Ashcraft Attachment 16 From: Patricia Perry [mailto:oerrvmom(ahotmail.coml Sent: Wednesday, September 06, 2017 11:23 PM To: Sylvia Tatman-Burruss Subject: Group home on Seneca drive To Whom It May Concern, I am writing for myself and in behalf of my husband, Greg Perry. We reside on Briargate Court here in Fort Collins. We are not able to attend the meeting about the approval of the group home to be located at 4406 Seneca Drive. But, we wanted to let you know that we would give approval for the home to be built or created in our neighborhood. Sincerely, Greg and Patricia Perry 541-231-8691 for questions Attachment 15 Please ensure that this feedback is presented to the Planning and Zoning Board members. We hope this input is carefully considered when ruling on the proposal. Thanks, Nancy & Cory Raasch 4401 Craig Drive Attachment 15 Here is how the snow gets piled up on Seneca St, blocking the street parking that the group home requires. Attachment 15 6. Should a resident have a medical emergency when parents are dropping off or picking up students before and after school, the school traffic could impede the emergency vehicles from getting to the home, putting the resident's life at risk. 7. Having elderly residents live in a basement that has flooded in the past is a major issue. 8. We certainly are concerned about the negative effect this will have on home values in the neighborhood. We have taken great care of our home for 27 years and being right next door, will be affected the most, especially if the garage is converted to bedrooms. 9. If this must become a group home, a more reasonable path forward would be to have a group home with 5 residents without converting the garage to bedrooms. It does not violate the covenants, abides by the land use code, reduces the traffic and parking concerns near the school, has less impact on neighboring home values and does not lock the home into being a group home forever. Otherwise, we do not understand why this party feels they are above the law and can violate their property's covenants and the land use code standards. Allowing them to do so will harm neighborhood residents and will be putting our school children at risk to enable an investor to profit from a business venture. Here are some pictures of how Seneca St gets filled up with parked cars from school activities to emphasize the parking and safety issues. Attachment 15 From: Cory Raasch [mailto:cnraasch@hotmail.coml Sent: Wednesday, September 06, 2017 9:07 PM To: Clay Frickey; Sylvia Tatman-Burruss Subject: 4406 Seneca St Group Home PDP 170024 Input Clay and Sylvia, We live in the property right next door to the proposed group home at 4406 Seneca St. and are very concerned and disappointed that we will be out of town and unable to attend the public hearing on this development proposal. We are the original owners of our home and have lived there 27 years so our comments are based on many years of experience with the unique circumstances of our neighborhood. We feel that this proposal to exceed the land use code by 60% to allow 8 residents in the home instead of 5 is excessive, unwarranted and a major safety concern. When evaluating the proposal, we feel that special consideration should be given to the fact that the property is immediately across from Webber Middle School. 1. The covenants of the neighborhood require a single family dwelling with a 2-3 car garage. The plan to convert the garage to bedrooms is a major violation of the covenants and legal action could be taken to enforce them. 2. Once the garage is converted to bedrooms, it is highly unlikely that this home will ever be anything but a group home. Should this business close, some other group home would be pursued such as a home for recovering drug addicts or a half way house. Many of these uses would be a big concern to have right across from a school, so the decision to allow any kind of group home in this location is a major one, having longterm implications. 3. It is our understanding that all the homes across from the school were required to have circular driveways so that vehicles could pull forward onto Seneca St and have full view of any children that might be present. The on -site parking plans for the group home will block the circular driveway causing safety concerns for the school children. 4. When you cram 60% more residents into the home than the land use code allows, traffic and parking requirements increase substantially. If you take 8 residents times spouses, siblings, children, grandchildren and friends along with staff for nursing, housekeeping, landscaping, therapy, medical, salon services and more, you have the potential for many visitors. Using street parking for all of this will block the spaces used by parents dropping off and picking up students from the school. This is a major safety concern as kids may dart out between all the parked cars and some child may get hit. We have personally witnessed near misses and the added congestion from the group home will increase the risk substantially. 5. Because of the school, Seneca St. is a "snow route" and gets plowed in the winter. Many times, the snow piles up along the street for months, blocking the street parking that the group home requires. Attachment 14 had therapists and caregivers over every day, we had a full-time housekeeper/helper for years, and up to 6 relatives living with us at a time. I frequently had meetings for 15-25 people there, and hosted Girl Scout troops and exercise classes. Not once did we ever receive a complaint or comment or sideways glance from a neighbor about any of this. There was more hustle and bustle, and more vehicles coming and going, when I lived there than there ever will be with the Bausterts' home for the elderly. Thank you for your consideration, and please don't hesitate to contact me if I can be of further assistance. Heather Holmes Bennetts 9 Cottonwood Ave., Eaton Cell 970-690-5680 Heather.Bennetts@comcast.net Founder/former director, GoodHealthwill Attachment 14 From: Heather Bennetts [ma iIto: Heather. Ben netts@comcast.net l Sent: Thursday, August 31, 2017 11:37 AM To: Clay Frickey Subject: Seneca House senior citizen small home Dear Mr. Frickey, I had the pleasure of meeting you at a public meeting about the proposed Seneca House, a St. John Assisted Living small group home for senior citizens, at 4406 Seneca St. in Fort Collins. I understand that there is another meeting about the proposal this Friday, but unfortunately I am leaving on a 2-week trip. I am the prior owner of the property and also intended to start a small group home for senior citizens, but with four of our prospective residents being relatives and the law allowing for 2 more unrelated residents, I was exempt from the city approval process. When our older daughter passed away unexpectedly last year, my husband and I decided to pass our vision for a neighborhood senior citizen small group home on to someone else. We received a half - dozen full -price offers for the house —which has an indoor therapy pool and is completely handicap accessible —three of which were from people wanting to create a small group home for the elderly. We carefully vetted each, and selected Greg Baustert. We could have easily fetched more for our home and sold it to the chain group home operator— who has a successful history of receiving permission to operate in Fort Collins and other Colorado cities, but does not live locally or visit the properties frequently — or the family with 11 kids, which would be far more residents, cars, and noise than 8 elderly people. Contrary to a couple NIMBY-prone neighbors' misconceptions, small neighborhood -based group homes for the elderly actually increase property values; everyone wants a quiet, good, reliable neighbor. The neighborhood elderly home concept is replacing the large, dorm -style nursing home concept. Just look at Loveland's proliferation of small group homes for senior citizens —which charge thousands more per month than the Bausterts intend to charge. Even Eaton has a neighborhood senior citizen home, with people vying for a couple spots. Two neighbors of 4406 Seneca St. have already inquired about their elderly parents living at Seneca House! I predict that Seneca House's presence will increase demand for homes within a mile radius, so that people can live near their parents or grandparents, visit them more frequently, and know that they are in excellent hands with caring locals whose own father will probably live there. If Fort Collins is making a (much -needed and well-done) effort to incorporate all types of folks into neighborhoods — such as at the new Harmony Cottages a half -mile down the road — then senior citizens needed to be included in those efforts. I have worked with the elderly my entire life, and founded and ran a nonprofit directed at the elderly for 12 years, and have not met anyone more capable and caring (yet with business experience, for without that the best intentions will fail) than the Bausterts in doing this. The couple that they have hired to be full-time, live-in caregivers for the residents are hands -down the nicest, gentlest, kindest, and most hard-working and earnest people I have ever met — I would adopt them if I could. I hope the City of Fort Collins does everything it can to make the process smooth for them, for the good of the city and its residents. On a side note, when I lived at 4406 Seneca St. from 2005-2017, 1 had a business license and conducted nonprofit work from there, with clients stopping by daily. I had a 2 x 3 ft sign out front. People would leave commodes and hospital beds and other equipment in my driveway. My disabled daughter also Agenda Item 5 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 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 Item # 5 Page 8 Agenda Item 5 The project complies with all applicable Article 4 standards as follows: A. Section 4.4(B)(3)(a) - Permitted Uses 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. 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: Item # 5 Page 7 Agenda Item 5 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. i(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 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-L), Division 4.4: Item # 5 Page 6 Agenda Item 5 (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(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 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. Item # 5 Page 5 Agenda Item 5 2. Compliance with Section 2.8.2(H) 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 number Additional lot Maximum Minimum of residents area for each permissible separation excluding additional residents, requirements supervisors for resident (square excluding between any minimum lot size feet) supervisors other group home (feet) 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 (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 Item # 5 Page 4 Agenda Item 5 Site & Zoning Vicinity Map 1 inch = 417 feet 4406 Seneca St. Group Home Zoning & Site Vicinity Map _. Item # 5 Page 3 Agenda Item 5 • 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. • 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: 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: Item # 5 Page 2 Agenda Item 5 PROJECT NAME 4406 SENECA ST. GROUP HOME STAFF Clay Frickey, City Planner PROJECT INFORMATION 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. APPLICANT: Greg & Justyuna Baustert 38844 CR 31 Eaton, CO 80615 OWNER: 4406 Seneca Street Trust 3654 Shampo Dr. Warren, MI 48092 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. Item # 5 Page 1