HomeMy WebLinkAboutHACIENDA HIGGINS-MARQUEZ - PDP/FDP - FDP120022 - REPORTS - RECOMMENDATION/REPORTPROJECT: Hacienda Higgins-Marquez
Project Development Plan/Final Plan FDP#120022
APPLICANT: William H. & Rosalba M. Higgins
8571 Secretariat Drive
Wellington, CO 80549
OWNER: William H. & Rosalba M. Higgins
8571 Secretariat Drive
Wellington, CO 80549
PROJECT DESCRIPTION:
This is a request to plat a 13,482 square foot lot and construct a single-family detached
dwelling located at 1717 West Mulberry Street (southeast corner of the intersection of
West Mulberry Street and Cook Drive). The project site is zoned Low Density
Residential (R-L) District. Two Modifications of Standards accompany this development
request.
The first modification addresses Section 4.4(D)(2)(b), which requires the minimum front
yard setback in the Low Density Residential zone district to be 20 feet. The applicant
proposes a modification to this standard to allow the front porch of the single-family
detached dwelling’s front setback to begin at 15.7 feet.
The second modification relates to Section 4.4(D)(2)(e), which states the maximum
building height for a single-family dwelling in the Low Density Residential zone district
shall be 28 feet. The applicant proposes a modification to this standard to permit the
building height of the single-family dwelling to reach 28.21 feet.
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RECOMMENDATION: Approval of the Project Development Plan/Final Plan and two
requested Modifications of Standards.
EXECUTIVE SUMMARY:
Single-family detached dwellings are permitted in the R-L, Low Density Residential zone
district subject to Basic Development Review, provided that such use is located on a lot
that is already part of an approved site specific development plan. As the site for the
proposed single-family detached dwelling is currently unplatted and not yet part of a site
specific development plan, the platting and single-family detached dwelling is permitted
subject to administrative review and public hearing.
The Project Development Plan/Final Plan complies with the applicable standards of
Article 3, General Development Standards of the Land Use Code and the applicable
standards of the R-L zone district, pending the approval of the two requested
Modifications of Standards. The two Modification of Standards requests were found to
be justified by the criteria in Section 2.8.2(H)(4) of the Land Use Code.
1. Background
The surrounding zoning and land uses are as follows:
N: L-M-N Existing retail and business service shops.
S: R-L Existing Single-Family Dwellings
E: R-L Existing Single-Family Dwellings
W: R-L Existing Place of Worship
Historically, the project site (Parcel# 97152-01-011) was part of the Western Second
Annexation and annexed into the City in January 1958.
2. Article 2 - Administration
The Hacienda Higgins-Marquez, Project Development Plan/Final Plan complies with the
applicable requirements of the Land Use Code, including the procedural requirements
located in Divisions 2.2 – Common Development Review Procedures for Development
Applications, and Divisions 2.4 & 2.5 – Project Development Plan/Final Plan.
3. Compliance with Applicable Article 4, Low Density Residential R-L District
Standards
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A. Section 4.4(D)(1) – Density
This section requires the minimum lot area in the R-L district to be the equivalent
of three times the total floor area of the building, but not less than 6,000 square
feet. The Hacienda-Higgins Marquez subdivision lot is 13,482 square feet in size
and the single-family detached dwelling is 2,598 square feet. The lot size is both
larger than three times the total floor area of the building and 6,000 square feet.
B. Section 4.4(D)(2) – Dimensional Standards
1. Section 4.4(D)(2)(a)
The lot’s width is 148.98 feet, exceeding the 60 foot minimum lot width for
a single-family dwelling in the R-L zone district.
2. Section 4.4(D)(2)(b)
This section requires the minimum setback of the front yard to be 20 feet.
The applicant is proposing a Modification of Standard for a front yard
setback of 15.7 feet. Please refer to Section 5 - Modification of Standards
Requests.
3. Section 4.4(D)(2)(c)
The lot’s rear yard setback is 17 feet, exceeding the 15 foot minimum
setback required by this section.
4. Section 4.4(D)(2)(d)
As a corner lot, the side yard setback for the street side corner is a
minimum of 15 feet and a minimum of 5 feet is required for an interior side
yard setback. The single-family detached dwelling accommodates a 22
foot setback for the side yard that is street facing and a 67.6 foot interior
side yard setback. Both measurements exceed the standards set forth in
this section.
5. Section 4.4(D)(2)(e)
This section states the maximum building height for a single-family
dwelling shall be 28 feet. The applicant is proposing a Modification of
Standard to allow for a building height of 28.21 feet. Please refer to
Section 5 – Modification of Standards Requests.
4. Compliance with Applicable Article 3, General Development Standards
The Hacienda Higgins-Marquez, Project Development Plan/Final Plan complies with the
applicable requirements of the Land Use Code, including those located in Division 3,
General Standards, as noted below.
A. Section 3.2.2(K)(1)(c) - Parking Lots - Required Number of Off-Street Spaces for
Type of Use
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The project complies with this section, providing more than the required 1 off-street
parking space for a single-family detached dwelling on a lot with more than 40 feet of
street frontage.
B. Section 3.3.1(B)(1) - Lots
This section requires lots to meet the applicable area requirements set forth under the
applicable zoning of the subject site. The R-L zone district requires lots to be at least
three times greater than the floor area of the building, but not less than 6,000 square
feet.
As proposed, the single-family detached dwelling is 2,598 square feet and the proposed
lot is 13,482 square feet, meeting the requirements that the lot is both greater than
6,000 square feet and three times greater than the total floor area of the building.
The lot provides vehicular access to a public street and the general layout of the lot,
driveway, utilities and drainage is designed so that compliance with development
standards is not difficult or infeasible.
B. Section 3.3.1(C)(1) – Public Sites, Reservations and Dedications
The proposed development is required to dedicate additional right-of-way for Mulberry
Street at the site’s northern boundary. At the northwest corner, 9 feet of additional right-
of-way is being dedicated, increasing to approximately 14 feet at the northeast corner of
the site as Mulberry Street turns and begins travelling to the southeast.
C. Section 3.5.1 – Building and Project Compatibility
This purpose of this section is to create physical and operational compatibility of the
development when considering the surrounding environment.
The project site and surrounding environment features a mix of uses, lot
dimensions/orientation and architectural styles. No definitive architectural character has
been established within the vicinity owing to the varying age of nearby structures and
their uses (single-family detached dwellings, place of worship, and retail/service
businesses). To achieve building and project compatibility, the project will help establish
a high standard of architectural character through the use of design elements, building
size, height, bulk, mass, scale and building materials as noted below.
1. Section 3.5.1(B) Architectural Character
The proposed single-family detached dwelling will utilize a Craftsman-style
architectural design that will promote a high architectural standard. The
outline of the home, use of gables, corbels, eaves, complex roof lines and
variation in materials are designed to set a high standard of architectural
character for the area.
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2. Section 3.5.1(C) Building Size, Height, Bulk, Mass, Scale
The detached dwelling helps achieve compatibility with building height,
bulk, mass and scale through building variation, including the use of
multiple projections and recesses, helping break-up the bulk and mass of
the overall structure.
3. Section 3.5.1(E) Building Materials
The house will utilize multiple and high-quality building materials. Portions
of the dwelling near the base will use a stone-pattern finish. Siding will be
used in the middle while the top portions under the gables will feature
shake-shingle hardboard siding painted an accent color. Additional
architectural features such as corbels will be utilized under the gables.
Window and door openings will be surrounded by trim board or shutters.
D. Section 3.5.2(E) – Garage Doors
This section applies certain standards on the location, size and architectural
features of garages to help promote visually interesting residential streetscapes.
This development meets these standards as noted below.
1. Section 3.5.2(E)(1)
The proposed garage is not street-facing and is instead considered a
“side-loaded” garage.
2. Section 3.5.2(E)(2)
The proposed garage is “side-loaded” and features a window and
architectural details that mimic the living portion of the building.
3. Section 3.5.2(E)(3)
Alley and corner lots are exempt from this standard.
E. Section 3.6.2(D) – Streets, Streetscapes, Alleys and Easements
This section states no residential lots in a subdivision that abuts an arterial street
shall have access from the arterial street.
This development abuts an arterial street (Mulberry Street); accordingly, access
for the lot and single-family detached dwelling will be taken from Cook Drive.
F. Section 3.8.10(A) – Single-Family and Two-Family Parking Requirements
This project complies with this section by providing more than the required 1 off-
street parking space for a single-family detached dwelling on a lot with more than
40 feet of street frontage.
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5. Modification of Standards Requests
A. The applicant has requested modifications to the following standards:
1. Section 4.4(D)(2)(b) – Allow a front yard setback of 15.7 feet.
2. Section 4.4(D)(2)(e) – Allow a single-family dwelling building height of
28.21 feet.
B. Review Criteria
1. Land Use Code Section 2.8.2 – Modification of Standards:
(H) Step 8 (Standards): 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
(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.
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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).
B. First Modification – Section 4.4(D)(2)(b)
1. Standard – Minimum setback of the front yard shall be twenty (20) feet.
2. Description of the Modification
The single-family detached dwelling’s living area is setback the required 20 feet;
however, portions of the dwelling’s front porch lay within the minimum setback
area. Approximately 4.3 feet of the porch is within the minimum setback area,
meaning the front yard setback as measured to the front of the porch is 15.7 feet.
3. Summary of the Applicant’s Modification Request
The applicant requests the front yard setback be lowered to 15.7 feet as the
proposed change would be considered nominal and inconsequential. The area of
the front porch lying in the setback area is not a large area, nor will it affect the
surrounding properties. Further, the need to dedicate additional right-of-way has
left a smaller building envelope in which to construct the single-family detached
dwelling.
4. Staff Evaluation of the Modification Request
The lot on which the single-family detached dwelling is to be constructed does
not lay within an established neighborhood with a uniform pattern of front yard
street setbacks. To the north and west are non-residential land-uses (a place of
worship and retail/business service shops. In these directions, there is no
pattern or congruity of existing setbacks in which to follow or mimic. The retail
and business service shops to the north feature parking lots as their front yard.
To the south and east are existing single-family detached dwellings; however
their lot sizes, orientations and front yard setbacks again offer no consistent
pattern which a reduced front yard setback would disrupt.
The lot was required to dedicate additional right-of-way for Mulberry Street. At its
narrowest point, 9 feet at the front of the lot along Mulberry Street will be
dedicated as additional right-of-way. This dedication has reduced the building
envelope in which to construct a dwelling and had no dedication taken place, the
building would meet and exceed the minimum front yard setback.
5. Staff Recommendation and Findings of Fact:
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Staff recommends approval of the modification. In evaluating the request, staff
makes the following findings:
(1) The granting of the modification would not be detrimental to the public
good and;
(2) 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.
B. Second Modification – Section 4.4(D)(2)(e)
1. Standard – Maximum building height shall be twenty-eight (28) feet for a single
family dwelling.
2. Description of the Modification
The single-family detached dwelling will exceed the current standard maximum of
28 feet by less than 3 inches. The building height for the structure will be 28.21
feet.
3. Summary of the Applicant’s Modification Request
The applicant requests a modification that would be considered nominal and
inconsequential given that the extra height above the standard is less than 3
inches. This will help accommodate the Craftsman-style design of the dwelling
and a slight elevation increase due to hard and expansive soil conditions.
4. Staff Evaluation of the Modification Request
The lot on which the single-family detached dwelling will sit is a corner lot; two
streets abut the lot to the north and west, mitigating privacy or “looming” issues
the increased height may create. Further, the lot is relatively large and the
structure will be situated near the middle of the lot with side yard setbacks
greater than standards require, reducing and mitigating potential impacts to the
southern and eastern properties. Existing, mature landscaping surrounds much
of the perimeter of the site to help mitigate visual impacts.
The additional few inches of height above the standard’s maximum only occur
near the pinnacle of two articulated roof lines; the vast majority of the roof and
structure’s height is below the 28 foot height maximum.
5. Staff Recommendation and Findings of Fact:
Staff recommends approval of the modification. In evaluating the request, staff
makes the following findings:
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(1) The granting of the modification would not be detrimental to the public
good and;
(2) 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.
FINDINGS OF FACT/CONCLUSIONS
After reviewing the Hacienda Higgins-Marquez Project Development Plan/Final Plan
FDP#120022, Staff makes the following findings of fact and conclusions:
1. The Project Development Plan/Final Plan complies with all applicable
administrative and procedural standards contained within Article 2 of the Land
Use Code.
2. The Project Development Plan/Final Plan complies with all applicable district
standards of Section 4.4 of the Land Use Code, R-L – Low Density Residential
District pending approval of the two requested Modifications of Standards.
3. The Project Development Plan/Final Plan complies with all applicable General
Development Standards contained in Article 3 of the Land Use Code.
RECOMMENDATION:
Staff recommends approval of the Hacienda Higgins-Marquez Project Development
Plan/Final Plan FDP#120022 and the two requested Modifications of Standards.
ATTACHMENTS:
Vicinity Map
Subdivision Plat
Site Plan
Elevations
Site Photos