HomeMy WebLinkAboutSPRING CREEK FARMS NORTH, FOURTH FILING - PDP - PDP130014 - REPORTS - RECOMMENDATION/REPORTITEM NO ________________
MEETING DATE December 12, 2013
STAFF Holland ____
PLANNING & ZONING BOARD
Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750
STAFF REPORT
PROJECT: Spring Creek Farms North, Fourth Filing Project Development Plan,
PDP #130014
and Modifications of Standard to Sections:
3.2.3(C) Solar-Oriented Residential Lots,
4.27(D)(2) Secondary Uses in E Zone,
4.27(D)(5) Density/Intensity in E Zone and,
4.27(B)(3)(a)(1) Single-Family lot size.
APPLICANT: Terence Hoaglund
Vignette Studios
P.O. Box 1889
Fort Collins, CO 80522-1889
OWNER: SC Residential, LLC
6300 S. Syracuse Way #293
Centennial, CO 80111
PROJECT DESCRIPTION:
This is a request to subdivide 15.23 acres into 76 lots for single-family detached homes.
The site is located along the west side of Joseph Allen Drive and is approximately 250
feet north of the intersection of Joseph Allen Drive and East Drake Road. A Union
Pacific/Southern Pacific rail line is located approximately 75 feet west of the parcel. The
project contains approximately 13 acres in the L-M-N, Low Density Mixed-Use
Neighborhood zone district and 2 acres in the E, Employment zone district.
The PDP includes a request for four modifications of standard associated with minimum
density, secondary use requirements and maximum lot size in the Employment zone
district as well as a modification to the minimum standard for solar oriented lots.
RECOMMENDATION:
Approval of Spring Creek Farms North, Fourth Filing Project Development Plan, PDP
#130014, and Modifications of Standard to Sections 3.2.3(C) Solar-Oriented Residential
Lots, 4.27(D)(2) Secondary Uses, 4.27(D)(5) Density/Intensity and 4.27(B)(3)(a)(1)
Single-Family maximum lot size in the Employment zone.
Spring Creek Farms North, Fourth Filing, PDP #130014
Planning & Zoning Hearing December 12, 2013
Page 2
EXECUTIVE SUMMARY:
The approval of Spring Creek Farms North, Fourth Filing Project Development Plan
complies with the applicable requirements of the City of Fort Collins Land Use Code
(LUC), more specifically:
• The P.D.P. complies with process located in Division 2.2 – Common
Development Review Procedures for Development Applications of Article 2 –
Administration.
• The four Modifications of Standard to Sections 3.2.3(C) Solar-Oriented
Residential Lots, 4.27(D)(2) Secondary Uses, 4.27(D)(5) Density/Intensity
and 4.27(B)(3)(a)(1) Single-Family maximum lot size in the Employment zone
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 Division 4.5, Low
Density Mixed-Use Neighborhood (L-M-N) of Article 4 – Districts.
• The P.D.P. complies with relevant standards located in Division 4.27,
Employment (E) of Article 4 – Districts, subject to approval of the three
Modifications of Standard to Sections 4.27(D)(2) Secondary Uses, 4.27(D)(5)
Density/Intensity and 4.27(B)(3)(a)(1) Single-Family maximum lot size in the
Employment zone.
• The P.D.P. complies with relevant standards located in Article 3 – General
Development Standards, subject to approval of the Modification of Standard
to Section 3.2.3(C) Solar-Oriented Residential Lots.
• The P.D.P. continues to comply with the Spring Creek Farms North Overall
Development Plan (O.D.P.).
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North Industrial (I) Timberline Center Storage Units, Light
Industrial
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Planning & Zoning Hearing December 12, 2013
Page 3
South Low Density Mixed-Use
Neighborhood (L-M-N)
Outlot A vacant parcel, Spring Creek Farms
North
East Medium Density Mixed-Use
Neighborhood (M-M-N)
Spring Creek Farms North Second Filing,
multi-family
West Low Density Residential
R-L)
Union Pacific/Southern Pacific Railroad;
Power Line Open Space Trail; Parkwood
East neighborhood
• The property was annexed in November 1997 as part of the Timberline
Annexation and was originally zoned T – Transition.
• A request to amend the Structure Plan and rezone the property to L-M-N, M-M-N,
and E was approved on 2
nd
reading by City Council on January 16, 2001.
• The parcel is part of the 55 acre Spring Creek Farms North Overall Development
Plan (O.D.P.), first approved in February of 2001. In 2004, there was a minor
amendment that added a plan note to the M-M-N portion of the O.D.P. allowing
additional permitted M-M-N uses. The 2004 O.D.P. minor amendment also
removed the plan note that described a potential bicycle and pedestrian
connection across the railroad corridor.
• In April 2011, the L-M-N portion of the O.D.P. (where the subject parcel is
located) was amended to allow all Low Density Mixed-Use Neighborhood Zone
District (L-M-N) uses. The previous O.D.P. (2001) specifically called out single
family residential: attached and detached, as well as two family dwellings, as the
L-M-N uses for the subject property. The Spring Creek Farms North Overall
Development Plan is attached with this staff report.
2. Compliance with Applicable L-M-N Standards:
The project complies with all applicable L-M-N standards with the following
relevant comments provided:
A. Section 4.5(A) – Purpose
The proposed single-family land use is consistent with the purpose of the L-M-N
district by proposing a predominance of low density housing with a fully
integrated small park providing a focal point within the pattern of streets and
blocks. Typically, Low Density Neighborhoods are clustered around and integral
with a Medium Density Mixed-Use Neighborhood, and in this case the project is
adjacent to the “Trails at Timberline” multi-family development (Spring Creek
Spring Creek Farms North, Fourth Filing, PDP #130014
Planning & Zoning Hearing December 12, 2013
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Farms North Filing Two), located adjacent to the project, east of Joseph Allen
Drive.
B. Section 4.5(B)(2)(a)(1) – Permitted Uses
Single family detached dwellings are a permitted use in the L-M-N District subject
to administrative review.
C. Section 4.5(D)(1) – Density
This standard requires that residential density on parcels less than 20 acres have
a density not less than 3.00 dwelling units per gross acre and not greater than
9.00 per net acre. The P.D.P. provides 69 units in the L-M-N zone district for a
density of 5.29 dwelling units per gross acre.
D. Section 4.5(D)(6) – Small Neighborhood Park
A small neighborhood was approved to satisfy this standard under a separate
Type 1 P.D.P. (Spring Creek Farms North Third Filing), which provided one acre
of additional functional open space for the project and the surrounding
neighborhoods. This park was planned to satisfy the park requirement for the M-
M-N zoned multi-family project to the east (Spring Creek farms North Second
Filing) as well as the park requirement for this project.
3. Compliance with Applicable Employment District Standards:
A. Section 4.27(B)(3)(a)(1) – Permitted Uses
Single family detached dwellings located on lots containing no more than 6,000
square feet are a permitted use in the Employment zone district subject to review
by the Planning and Zoning Board. One of the six lots (Block 2, Lot 2) located in
the E zone exceeds the 6,000 square foot maximum and a modification of this
standard is proposed for this lot. Of the total 76 lots proposed, 70 lots are
approximately 6,000 square feet or less. The remaining five lots in the L-M-N
zone are approximately 7,000 square feet each. A summary of the typical lot
dimensions and area is included in the following table. Areas for some of the lots
vary due to the street layout.
Typical Lot
Dimensions
Typical Lot area
(square feet)
Quantity Percentage of Total
Lots
47 x 100 4,700 8 10%
50 x 100 5,000 28 37%
52 x 100 5,200 10 13%
60 x 100 6,000 24 32%
70 x 100 7,000 6 8%
Spring Creek Farms North, Fourth Filing, PDP #130014
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B. Section 4.27(D)(2) – Secondary Uses
The proposed residential use is considered a secondary use in the Employment
zone district, and this standard requires that secondary uses be limited to 25% of
the total gross area within the portion of the development plan in the Employment
zone. The applicant is requesting a modification for 35% secondary residential
use area in the Employment zone district portion of the plan.
C. Section 4.27(D)(5) – Density / Intensity
This standard requires that all residential development within the Employment
District have an overall minimum average density of seven dwelling units per net
acre of residential land. The applicant is requesting a modification from 7 units
per net acre to 3.21 units per net acre in the Employment zone district portion of
the plan.
4. Compliance with Article 3 of the Land Use Code – General
Development Standards
The project complies with all applicable General Development Standards with the
following relevant comments provided:
A. Section – 3.2.1 Landscaping
Street trees are provided at approximately 40-foot intervals along portions of the
streets that are not fronted by lots. Additionally, along the front setbacks of lots,
one street tree per lot is provided in substitution for 40-foot tree spacing. The
project also meets the minimum tree species diversity requirement of this
section.
B. Section 3.2.2 – Access, Circulation and Parking
In conformance with the Purpose, General Standard, and Development
Standards described in this section, the parking and circulation system provided
with the project is well designed with regard to safety, efficiency and convenience
for vehicles, bicycles, pedestrians and transit, both within the development and to
and from surrounding areas.
C. Section 3.2.2(C)(6) – Direct On-Site Access to Pedestrian and Bicycle
Connections
The proposed street sidewalk system is designed with block lengths that are
spaced at intervals less than the 660 feet maximum permitted. The development
was planned to incorporate the small neighborhood park as an integrated feature
Spring Creek Farms North, Fourth Filing, PDP #130014
Planning & Zoning Hearing December 12, 2013
Page 6
which provides additional convenient pedestrian and bicycle connections through
the center of the project on routes not associated with a street.
D. Section 3.2.3(C) – Solar-Oriented Residential Lots
This standard requires that 65% of the lots be solar-oriented. The project can
provide only 25 solar-oriented lots, or 33%, due to the predominate north / south
orientation of the overall boundaries of the site. A modification request is
provided with this P.D.P.
E. Section 3.3.1 – Plat Standards
All lots have direct access to a public street. The layout of roads, driveways,
utilities, drainage facilities, and other services are designed in a way that
enhances an interconnected system within and between developments to the
east and south. The plat demonstrates proper dedication of public rights-of-way,
drainage easements and utility easements that are needed to serve the area
being developed.
F. Section 3.5.2(E) Residential Building Setbacks, Lot Width and Size
The project is in compliance with this section, which requires a minimum lot width
of 50 feet for single-family detached dwellings if the garage is served by access
from the abutting street. Eight of the lots are 42 feet in width and permitted to be
less than 50 feet in width because the garages will be accessed by an alley.
Additionally, the proposed project provides the following setbacks in
conformance with the standards:
• 15-feet Front Yard
• 20-feet Garage
• 5-Interior Side Yard
• 15-feet Corner Side
• 8-feet Rear Yard
G. Section 3.6.4 Transportation Level of Service Requirements
The Traffic Operations and Engineering Departments have reviewed the
Transportation Impact Study that was submitted to the City for review and have
determined that the vehicular, pedestrian and bicycle facilities proposed with this
P.D.P are consistent with the standards contained in Part II of the City of Fort
Collins Multi-modal Transportation Level of Service Manual.
Spring Creek Farms North, Fourth Filing, PDP #130014
Planning & Zoning Hearing December 12, 2013
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H. Section 3.8.26 Residential Buffering
This buffer requirement applies to all proposed residential developments that are
located adjacent Industrial uses. The existing self-storage facility located to the
north of the project is considered a light industrial use. In accordance with this
standard, the applicant is providing a buffer yard with evergreen, ornamental and
shade trees planted along the length of the residential lots. The self-storage
facility also provided landscaped open space with their development plan, which
adds to the buffer and augments the separation of uses.
MODIFICATIONS OF STANDARD:
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
(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
Spring Creek Farms North, Fourth Filing, PDP #130014
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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).
5. Modification of Standard Request to Section 3.2.3(C) Solar-Oriented
Residential Lots
A. The standard:
Section 3.2.3(C) Solar-Oriented Residential Lots
At least sixty-five (65) percent of the lots less than fifteen thousand (15,000)
square feet in area in single- and two-family residential developments must
conform to the definition of a "solar-oriented lot" in order to preserve the potential
for solar energy usage.
Solar-oriented lot shall mean:
(1) a lot with a front lot line oriented to within thirty (30) degrees of a true east-
west line. When the lot line abutting a street is curved, the "front lot line" shall
mean the chord or straight line connecting the ends of the curve. For a flag lot,
the "front lot line" shall mean the lot line that is most parallel to the closest street,
excluding the "pole portion of the flag lot"; or
(2) a lot which, when a straight line is drawn from a point midway between the
side lot lines at the required front yard setback to a point midway between the
side lot lines at the required rear yard setback, is oriented to within thirty (30)
degrees of true north along said line; or
(3) a corner lot with a south lot line oriented to within thirty (30) degrees of a true
east-west line, which south lot line adjoins a public street or permanently
reserved open space; provided, however, that the abutting street right-of-way or
open space has a minimum north-south dimension of at least fifty (50) feet. For
the purposes of this definition, "permanently reserved open space" shall include,
without limitation, parks, cemeteries, golf courses and other similar outdoor
recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs,
lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and
other like and similar permanent open space.
Spring Creek Farms North, Fourth Filing, PDP #130014
Planning & Zoning Hearing December 12, 2013
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B. Description of the Modification:
The applicant has submitted a request for approval of a Modification of Standard
to Section 3.2.3(C) Solar-Oriented Residential Lots requesting that the project
provide 33 percent solar-oriented defined lots.
C. Applicant’s Justification:
The applicant contends that the parcel of land is unique in that it is relatively
narrow (360+’ feet east to west) and long (1940+- feet north to south). With this
shape, there is limited ability for lot and street placement within the parcel to
create a functional and economical development, taking into consideration all the
dynamics of development, including, but not limited to solar orientation, utilities,
drainage patterns, and the existing park (Spring Creek Farms Third Filing).
While various layout options were considered, the current site plan was
determined to be the best solution to meet all the various criteria. This site plan
has one north south street (Adobe Drive) towards the west side, with three east -
west streets for connectivity to Joseph Allen Drive. With this, lots were oriented to
these east-west streets to provide as many solar oriented lots as possible. In
addition, the lots on the Southern cul-de-sac of Adobe Drive were also oriented
as much as possible to meet the solar orientation standards.
Due to the unique property shape, being relatively thin and long, it is not practical
to meet the strict interpretation of the solar orientation standards. We have
included as many solar oriented lots as reasonably practical with the property
shape, with 33% of the lots meeting the solar orientation requirement.
D. Staff Finding for the Modification:
Staff finds that the request for the Modification of Standard to Section 3.2.3(C)
Solar-Oriented Residential Lots is justified by the applicable standards in
2.8.2(H). The granting of the Modifications would not be detrimental to the public
good and:
The request satisfies Criteria (2.8.2(H)(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.
Spring Creek Farms North, Fourth Filing, PDP #130014
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This is because the project boundary has an exceptionally long north-to-south
orientation and narrow width, which is an exceptional physical condition not
caused by the applicant, that creates a logical arrangement of streets and lots
with an orientation that limits the provision of solar oriented lots.
6. Modification of Standard to Section 4.27(D)(2) Secondary Uses in E Zone
A. The standard:
Secondary Uses. All secondary uses shall be integrated both in function and
appearance into a larger employment district development plan that emphasizes
primary uses. A secondary use shall be subject to administrative review or
Planning and Zoning Board review as required for such use in Section 4.27(B).
The following permitted uses shall be considered secondary uses in this zone
district and together shall occupy no more than twenty-five (25) percent of the
total gross area of the development plan.
(d) Residential uses (except mixed-use dwellings when the residential units are
stacked above a primary use which occupies the ground floor).
B. Description of the Modification:
The applicant is requesting a modification to increase the secondary residential
use area to 35% in the Employment zone district portion of the plan.
C. Applicant’s Justification:
The applicant contends that within the entire ODP, the overall E zone is 6.2
acres. This 6.2 acres of E zoned land was bisected by the construction of
Joseph Allen Drive, creating a smaller portion of E zone land which is part of this
P.D.P. with a gross acreage of 2.18 acres. Due to an irrigation easement along
the southern portion of the 2.18 acres, the area has a usable acreage of about
1.85 acres. The applicant contends that remaining 1.85 acre E zone area within
the project boundary is not feasible as a primary use, such as a office building or
industrial use, due to the small usable size of the area and its less visible, less
desirable location set back from Timberline Road.
Additionally, the applicant contends that in compliance with the standard, 1.5
acres of the 2.18 E zone area could be developed as a residential use in
conformance with the 25% limit, and if this was proposed, only 0.68 acres would
remain of the total E zone project area. The designation of Joseph Allen Drive as
the logical boundary between primary and secondary uses, by adding the
remaining 0.68 acres as additional secondary use, is equal to or better than a
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Page 11
plan which divides the primary and secondary use areas based on the required
percentage.
D. Staff Finding for the Modification:
Staff finds that the request for the Modification of Standard to 4.27(D)(2) to
increase the allowable residential secondary use in Employment District to 35%
is justified by the applicable standards in 2.8.2(H). The granting of the
Modifications would not be detrimental to the public good and:
The request satisfies Criteria (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.
This is because Joseph Allen Drive provides a more logical boundary separating
the primary and secondary uses in the 6.2 acre Employment District area that is
applicable to this P.D.P., and the land use pattern resulting from the increased
percentage is equal to or better than a plan which divides the primary and
secondary use areas based on the required percentage.
7. Modification of Standard to Section 4.27(D)(5) Density/Intensity in E Zone
A. The standard:
Density/Intensity. All residential development in the E Employment District shall
have an overall minimum average density of seven (7) dwelling units per net acre
of residential land.
B. Description of the Modification:
The applicant is requesting a modification to decrease the density in the
Employment zoned portion of the plan to 3.21 dwelling units per acre.
C. Applicant’s Justification:
The applicant contends that with the relatively small size of the E zone parcel, it
is desirable to simply continue the single family use and lot pattern of the L-M-N
portion of the site. While the applicant would like to have more density in the E
zone area, the location of the existing underground irrigation ditch also impacts
the layout for the single family units. Seven lots are proposed on the E zone
portion of the project resulting in 3.21 units per acre. If the irrigation ditch did not
exist, three additional lots could easily be added. At 7 units per acre, the required
density on this site would be 16 units.
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If both the LMN and E parcels are taken into consideration, the decrease in
density becomes nominal and inconsequential. As shown in the table below, if
both parcels were to be developed at the minimum densities, then a total of 55
units would be required. However, since we are proposing to develope the L-M-N
portion at a higher density than required, overall we are providing a total of 76
units -- this is 21 more units than the minimum density would require.
Parcel
Min Density
(unit/acre)
Min Units
Density
Shown
(unit/acre)
Total Units
LMN
(13.05 acres)
3 39 5.29 69
E
(2.18 acres)
7 16 3.2 7
Total
(15.23 acres)
55 4.99 76
(21 units more
than the
minimum
required
overall)
As can be seen, the reduction in density in the E zone becomes nominal and
inconsequential if the project is looked at as a whole. Therefore, the proposed
use would be equal to or better than what would be required under the Land Use
Code.
D. Staff Finding for the Modification:
Staff finds that the modification is justified based on several factors:
• The E zone area of the project represents only a small portion of the
project overall.
• The standard density range permitted in L-M-N is 3 units/acre minimum,
and 9 units/acre maximum. The density in the E zone has a nominal
effect on the reduction of density over the entire development plan with
the overall L-M-N density dropping from 5.29 units/acres to 4.99
units/acre.
• The overall 4.99 units/acre is in the mid-range of density permitted in the
L-M-N zone where the majority of the project is located, with the
development plan providing an additional 21 dwelling units more than the
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Page 13
minimum required overall, resulting in a density that is over the minimum
required.
• The overall density achieved continues to advance the purposes of the
Land Use Code as contained in Section 1.2.2, specifically: 1.2.2(K) –
fostering a more rational pattern of relationship among residential,
business and industrial uses for the mutual benefit of all.
Staff finds that the request for the Modification of Standard to section 4.27(D)(5)
Density/Intensity in E Zone is justified by the applicable standards in 2.8.2(H).
The granting of the Modifications would not be detrimental to the public good
and:
The request satisfies Criteria (2.8.2(H)(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.
This is because the E zone parcel is a small portion of the entire development
area, and the reduced density in the E zone has a nominal effect on the
reduction of density over the entire development plan, with the development plan
providing an additional 21 dwelling units more than the minimum required overall,
resulting in a density that is over the minimum required. The overall density
achieved continues to advance the purposes of the Land Use Code as contained
in Section 1.2.2, specifically: 1.2.2(K) – fostering a more rational pattern of
relationship among residential, business and industrial uses for the mutual
benefit of all.
8. Modification of Standard to Section 4.27(B)(3)(a)(1) Single-Family lot size
A. The standard:
(3) The following uses are permitted in the E District, subject to review by the
Planning and Zoning Board:
(a) Residential Uses:
1. Single-family detached dwellings located on lots containing no more than six
thousand (6,000) square feet.
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B. Description of the Modification:
The modification request is to allow one single-family lot (Lot 2 Block 2) to be
larger than the 6,000 square feet maximum permitted in the E zone, for a total
area of approximately 6,255 square feet for the lot.
C. Applicant’s Justification:
The last modification request is to allow one lot (Lot 2 Block 2) to be slightly
larger than 6,000 square feet. This is due to the configuration of the site rather
than any specific desire to have the lot be larger than allowed. It is also desirable
to continue the lot mix in the L-M-N parcel with a variety of lot widths to
accommodate different products.
Lot 2, Block 2: The typical lot size for this type C lot is 60 feet wide by 100 feet
deep, for a 6,000 square foot lot. However, as is true in many locations, the
public street is not 100% parallel with the rear lot line, therefore this particular lot
is about 103 feet deep, for a lot area of 6,255 square feet.
The average lot size for the seven lots is 5,874 square feet. The applicant
contends that the increase in lot area for the one lot is fairly minor, and would not
be noticeable by the general public, therefore the proposed modification would
be equal to or better than what would be required by code.
D. Staff Finding for the Modification:
Staff finds that the request for the Modification of Standard to Section
4.27(B)(3)(a)(1) Single-Family lot size is justified by the applicable standards in
2.8.2(H). The granting of the Modifications would not be detrimental to the public
good and:
1) The request satisfies Criteria (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.
This is because the increase in lot area for the one lot is minimal, and the
proposed lot size promotes the general purpose of the standard in a manner
that is equal to the purpose of the standard; and
2) The request satisfies Criteria (2.8.2(H)(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
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Page 15
development plan, and will continue to advance the purposes of the Land Use
Code as contained in Section 1.2.2.
This is because the increase in lot area for the one lot is nominal, with the
overall development area in the E zone maintaining an average lot size of
5,874 square feet, in conformance with the standard. The overall average lot
size achieved continues to advance the purposes of the Land Use Code as
contained in Section 1.2.2, specifically: 1.2.2(K) – fostering a more rational
pattern of relationship among residential, business and industrial uses for the
mutual benefit of all.
9. Neighborhood Meeting
A City neighborhood meeting was held for the proposed project. A neighborhood
meeting summary and letters from the neighbors are attached with this staff report.
10. Findings of Fact/Conclusion
In evaluating Spring Creek Farms North, Fourth Filing Project Development Plan, Staff
makes the following findings of fact:
A. The Modification of Standard to Section 3.2.3(C) Solar-Oriented
Residential Lots is justified by the applicable standards in 2.8.2(H). The
granting of the Modifications would not be detrimental to the public good,
and:
The request satisfies Criteria (2.8.2(H)(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.
This is because the project boundary has an exceptionally long north-to-
south orientation and narrow width, which is an exceptional physical
condition not caused by the applicant, that creates a logical arrangement
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Planning & Zoning Hearing December 12, 2013
Page 16
of streets and lots with an orientation that limits the provision of solar
oriented lots.
B. The Modification of Standard to 4.27(D)(2) to increase the allowable
residential secondary use in the Employment District from 25% to 35% is
justified by the applicable standards in 2.8.2(H). The granting of the
Modifications would not be detrimental to the public good, and:
The request satisfies Criteria (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.
This is because Joseph Allen Drive provides a more logical boundary
separating the primary and secondary uses in the 6.2 acre Employment
District area that is applicable to this PDP, and the land use pattern
resulting from the increased percentage is equal to or better than a plan
which divides the primary and secondary use areas based on the required
percentage.
C. The Modification of Standard to section 4.27(D)(5) Density/Intensity in E
Zone is justified by the applicable standards in 2.8.2(H). The granting of
the Modifications would not be detrimental to the public good and:
The request satisfies Criteria (2.8.2(H)(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.
This is because the E zone parcel is a small portion of the entire
development, and the reduced density in the E zone has a nominal effect
on the reduction of density over the entire development plan, with the
development plan providing an additional 21 dwelling units more than the
minimum required overall, with a resulting density that is over the
minimum required. The overall density achieved continues to advance the
purposes of the Land Use Code as contained in Section 1.2.2, specifically:
1.2.2(K) – fostering a more rational pattern of relationship among
residential, business and industrial uses for the mutual benefit of all.
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Page 17
D. The Staff finds that the request for the Modification of Standard to Section
4.27(B)(3)(a)(1) Single-Family lot size is justified by the applicable
standards in 2.8.2(H). The granting of the Modifications would not be
detrimental to the public good, and:
1) The request satisfies Criteria (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.
This is because the increase in lot area for the one lot is minimal, and the
proposed lot size promotes the general purpose of the standard in a
manner that is equal to the purpose of the standard; and
2) The request satisfies Criteria (2.8.2(H)(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.
This is because the increase in lot area for the one lot is nominal, with the
overall development area in the E zone maintaining an average lot size of
5,874 square feet, in conformance with the standard. The overall average
lot size achieved continues to advance the purposes of the Land Use
Code as contained in Section 1.2.2, specifically: 1.2.2(K) – fostering a
more rational pattern of relationship among residential, business and
industrial uses for the mutual benefit of all.
E. The P.D.P. complies with the process located in Division 2.2 – Common
Development Review Procedures for Development Applications of Article
2 – Administration.
F. The P.D.P. complies with relevant standards located in Article 3 – General
Development Standards.
G. The P.D.P. complies with relevant standards located in Division 4.5, Low
Density Mixed-Use Neighborhood (L-M-N) of Article 4 – Districts.
H. The P.D.P. complies with relevant standards located in Division 4.27,
Employment (E) of Article 4.
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Planning & Zoning Hearing December 12, 2013
Page 18
I. The P.D.P. continues to comply with the Spring Creek Farms North
Overall Development Plan.
RECOMMENDATION:
Approval of Spring Creek Farms North, Fourth Filing Project Development Plan, PDP
#130014, and Modifications of Standard to Sections 3.2.3(C) Solar-Oriented Residential
Lots, 4.27(D)(2) Secondary Uses, 4.27(D)(5) Density/Intensity, 4.27(B)(3)(a)(1) Single-
Family maximum lot size in the Employment zone.
ATTACHMENTS:
1. Statement of Planning Objectives
2. Applicant’s Modification Requests
3. Neighborhood Meeting Summary
4. Letter from Union Pacific Railroad
5. Site and Landscape Plan
6. Plat
7. Utility Plans
8. Approved O.D.P.
9. Transportation Impact Study - summary