HomeMy WebLinkAboutHARMONY COTTAGES (AFFORDABLE HOUSING) - PDP - PDP150030 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: March 28, 2016
PROJECT NAME: Harmony Cottages
CASE NUMBER: PDP #150030
APPLICANT: Russ Lee
Ripley Design, Inc.
419 Canyon Avenue
Suite 200
Fort Collins, CO 80524
OWNER: Harmony Limited, LLC
P.O. Box 271519
Fort Collins, CO 80527
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: The Project Development Plan (PDP) that is the subject of this
application proposes the construction of 44 single-family attached and four single-family detached
dwellings units on approximately 4.45 acres on property legally described as Lots 1 and 2,
Innovation Island, City of Fort Collins, Larimer County, and as more particularly described in the
preliminary plat (the “Subject Property”).
The Subject Property is included at the southeast corner of South Taft Hill Road and West Harmony
Road, approximately one-half mile north of the Cathy Fromme Prairie Natural Area.
Primary ingress and egress to and from the Subject Property will be from West Harmony Drive,
with a secondary emergency-only access point proposed approximately 180’-200’ to the east of the
intersection of S. Taft Road and W. Harmony Road.
The Subject Property is located in the Low Density Mixed-Use Neighborhood (L-M-N) District.
As set forth in Section 4.5(A) of the Land Use Code, the main purpose of the District is to meet a
wide range of needs of everyday living in neighborhoods that include a variety of housing choices,
that invite walking to gathering places, services and conveniences, and that are integrated into the
larger community context.
The Application proposes to replat the Subject Property as Lots 1 – 48, Harmony Cottages
Subdivision, together with proposed Outlots A-C, which outlots are proposed to encompass the
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common open space and private drives/alleys proposed to serve the development. A final plat will
be required at the time of Final Plan submittal.
As part of its PDP submittal, the Applicant is requesting a Modification of Standard to Land Use
Code Section 3.5.2(E)(1), Residential Building Setbacks, Lot Width and Size – Setback from Arterial
Streets, requesting that the proposed single-family attached dwellings be set back from W. Harmony
Road and S. Taft Street fifteen feet (15’) where thirty feet (30’) is required.
The Applicant seeks to provide housing for people whose income is between 35% and 60% of the
Fort Collins average median income (AMI) and therefore qualifies as an affordable housing project.
With 48 total dwelling units, the proposed density is 10.79 dwelling units per acre.
Pursuant to Land Use Code Section 4.5 (B)(2)(a), the proposed single-family attached and single-
family detached uses are permitted in the L-M-N zone district, subject to a Type One administrative
review.
BACKGROUND: The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North
N/A; unincorporated Larimer
County
Residential
South Low Density Residential (R-L)
Residential
East Low Density Residential (R-L)
Residential
West
N/A; unincorporated Larimer
County
Residential, gas station and convenience
store, mobile home park
SUMMARY OF DECISION: Approved.
ZONE DISTRICT: Low Density Mixed-Use Neighborhood District (L-M-N)
HEARING: The Hearing Officer opened the hearing on Monday, March 28, 2016, in City
Council Chambers, City Hall, 300 Laporte Avenue at approximately 5:30 p.m.
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EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding:
(A) Planning Department Staff Report for Harmony Cottages Project Development Plan,
PDP#150030, together with the following attachments:
(1) Zoning & Site Vicinity Map;
(2) Statement of Planning Objectives dated December 15, 2015, prepared by Ripley
Design, Inc. (2 pages);
(3) Preliminary Plat (Harmony Cottages Subdivision (2 sheets);
(4) Harmony Cottages PDP including building elevations (6 sheets);
(5) Applicant’s Modification Request, prepared by Ripley Design, Inc. (3 pages);
(6) Transportation Impact Study prepared by Delich Associates dated November 25,
2015 (and including Appendix A through Appendix F to same);
(7) Geotechnical Exploration Report prepared by Earth Engineering Consultants,
LLC and dated November 30, 2015 (20 pages);
(8) Preliminary Drainage Report prepared by Interwest Consulting Group and dated
January 20, 2016 (and including Appendix A through Appendix G to same);
(9) Utility Plans for Harmony Cottages (5 sheets);
(10) Comments from December 3, 2015 neighborhood meeting (3 pages);
(11) Meeting summary from February 18, 2016 neighborhood meeting (10 pages); and
(12) Habitat for Humanity Program Description (3 pages)
(B) Copies of emails received from the following neighbors or other interested parties:
(1) Howard and Dorothy Spivak;
(2) Patrick and Terry Nash;
(3) Andrea Elson;
(4) Mike Schwab;
(5) Don Tiller;
(6) Eric Lea;
(7) Curt Lyons;
(8) Ann Hutchison;
(9) Richard Belt;
(10) Joe Kissell;
(11) Lauren DeRosa;
(12) Bruce Berens;
(13) Ken Waido;
(14) Maria Tschetter; and
(15) Dawn DuPriest.
(C) Notice of Public Hearing Letter dated March 14, 2016;
(D) Affidavit of Publication of the Fort Collins Coloradoan dated March 21, 2016 evidencing
publication of the Notice of Hearing on March 19, 2016;
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(E) the PowerPoint presentation prepared by the Applicant for the March 28, 2016 hearing;
and
(F) the PowerPoint presentation prepared by City Staff for the March 28, 2016 hearing; and
In addition, the City’s Comprehensive Plan, the Land Use Code, the City’s 2015-2019 Affordable
Housing Strategic Plan dated October 6, 20151, and the formally promulgated polices of the City
are all considered part of the record considered by the Hearing Officer.
A copy of the Planning Department Staff Report prepared for the above-referenced Application is
attached to this decision as ATTACHMENT A and is incorporated herein by reference.
TESTIMONY: The following persons testified at the hearing:
From the City: Clay Frickey, City Planner
From the Applicant/
Owner: Kristin Candella, Executive Director, Habitat for Humanity,
Fort Collins
Russ Lee, Ripley Design, Inc.
From the Public: Twenty (25) members of the public testified at the March 28,
2016 hearing. Names and addresses of those testifying are set
forth on ATTACHMENT B incorporated herein by reference.
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that notice of the public
hearing was given in accordance with the requirements of the Land Use Code.
2. Based on testimony provided at the public hearing and a review of the materials in the record
of this case, the Hearing Officer concludes as follows:
A. the Application complies with the applicable procedural and administrative
requirements of Article 2 of the Land Use Code; and
B. the Application complies with the applicable General Development Standards
contained in Article 3 of the Land Use Code, including the Modification of Standard
to Section 3.5.2(E)(1) that is proposed with this PDP as discussed in additional detail
below.
C. The Application complies with the applicable Low Density Mixed-Use
Neighborhood (L-M-N) District standards contained in Article 4 of the Land Use
1 Available at the following link: http://www.fcgov.com/sustainability/pdf/AHSP_Final.2.pdf
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Code, including Section 4.5(D)(1)(b) which states that the maximum density of
affordable housing projects (whether approved pursuant to an ODP or PDP)
containing ten (10) acres or less may attain a maximum density of twelve (12)
dwelling units per gross acre of residential land.
3. The Application’s satisfaction of the applicable Article 2, 3 and 4 requirements of the Land
Use Code is sufficiently detailed in the Staff Report, a copy of which is attached as
ATTACHMENT A and is incorporated herein by reference.
4. Based on a review of the materials submitted to the Hearing Officer in this case, the Hearing
Officer concludes that the Modification of Standard (for Section 3.5.2(E)(1) of the Code, as
requested by the Applicant) meets the applicable requirements of Section 2.8.2(H) of the
Code. Specifically, the Hearing Officer finds as follows:
A. The Modification of Standard (the “Modification”) requested by the Applicant is to
Section 3.5.2(E)(1) of the Land Use Code (“Setback from Arterial Streets”).
B. The standard set forth in Section 3.5.2(E)(1) requires that every residential building
and every detached accessory building that is incidental to the residential building
be set back a minmum of thirty feet (30’) from any arterial street right-of-way, except
for those buildings regulated by Section 3.8.30 of the Land Use Code2.
C. The Hearing Officer specifically finds that the requested Modification is not
detrimental to the public good.
D. The Hearing Officer specifically finds that the Modification satisfies Section
2.8.2(H)(1) of the Code – 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.
E. The Hearing Officer further finds that the Modification satisfies 2.8.2(H)(2) of the
Code – 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.
2 Section 3.8.30 establishes multi-family dwelling development standards. Section 3.8.30(E)(3)
establishes a minimum setback of fifteen feet (15’) from arterial street ROW and nine feet (9’) from
nonarterial street ROW. The Application does not contain any multi-family dwelling units as defined in
Section 5.1.2 of the Land Use Code, and thus the standards set forth in Section 3.8.30 are not applicable
to the Application.
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Hearing Officer finding regarding 2.8.2(H)(1) of the Code:
Based on a review of the materials in the record and the testimony provided at the public hearing,
the Hearing Officer finds that the Application meets the intent of Section 3.5.2(E)(1) of the Code
equal to or better than would a plan that complies with the standard for which this modification is
requested. The purpose of the setback standards for single-family houses along arterial streets is to
provide safety for residents and minimize the impact of road noise. Two factors provide increased
safety and minimize road noise in lieu of the minimum thirty foot (30’) setback. One is the increased
landscaping provided along both Harmony Road and Taft Hill Road. The proposed landscape plan
shows enhanced landscaping along Taft Hill Road and Harmony Road. The edge of the lots is
further delineated by a white picket fence.
The Hearing Officer also finds that the current Application is equal to or better than an alternate
plan that would show multi-family units with a fifteen foot (15’) setback. As noted in footnote 2
above, multi-family buildings only require a 15’ setback from arterial streets per Section
3.8.30(E)(3) of the Land Use Code, which, if applicable, supersedes the standard outlined in Section
3.5.2(E)(1). An alternate plan could comply with the minimum setback standard by changing the
unit type to triplexes. The Hearing Officer agrees with Staff’s finding and conclusion that a plan
featuring triplexes with a 15’ setback would be inferior to the current plan. The current plan allows
each unit to have more access to air and light due to the required side yard setbacks between each
duplex. In a triplex configuration, the middle unit would likely have less access to air and light and
would result in a less livable and desirable unit for potential home owners. The scale of duplexes
also more closely matches the existing character of the neighborhood.
Hearing Officer finding regarding 2.8.2(H)(2) of the Code:
Based on a review of the materials in the record and the testimony provided at the public hearing,
the Hearing Officer finds that the Application meets goals specifically identified in City Plan, the
City’s comprehensive plan, as well as the Affordable Housing Strategic Plan (reference footnote 1
above).
The goals and policy objectives identified in City Plan and the Affordable Housing Strategic Plan
are accurately summarized on pages eight and nine of the Staff Report attached hereto as
ATTACHMENT A.
The Hearing Officer finds that the modification request for relief from the thirty foot (30’) setback
requirement from arterial streets set forth in Section 3.5.2(E)(1) is justified due to the Application’s
alignment with an important community need expressed within City Plan and the Affordable
Housing Strategic Plan, namely to increase the amount of affordable housing within the City of Fort
Collins.
DECISION
Based on the findings set forth above, the Hearing Officer hereby enters the following ruling:
A. The Harmony Cottages Project Development Plan (PDP #150030) is approved for the
Subject Property as submitted, subject to conditions set forth below.
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B. The Article 3 Modification (Request for Modification of Section 3.5.2(E)(1) of the Land Use
Code) is approved for the Subject Property.
C. The Applicant shall make any and all revisions to the engineering documents, preliminary
plat for the Harmony Cottages Subdivision, utility plans and planning document set
(including the site plan, landscape plan and photometric plan) as recommended by City Staff
as necessary to ensure that any internal inconsistencies between said plans are resolved to
the satisfaction of City Staff prior to recordation.
D. The Applicant shall submit a final plan for the Subject Property within three (3) years of the
date of this decision. If Applicant fails to submit a final plan to the City within said three (3)
year period, this PDP approval shall automatically lapse and become null and void in
accordance with Section 2.2.11(C) of the Code.
E. In accordance with Section 2.2.11(C) of the Code, the PDP shall not be considered a site
specific development plan and no vested rights shall attach to the PDP.
Nothing in this decision shall abrogate the Director’s authority to grant one (1) extension of the
PDP. As set forth in Section 2.2.11(C) of the Land Use Code, the extension may not exceed six (6)
months in length.
DATED this 12th day of April, 2016.
___________________________________
Marcus A. McAskin
Hearing Officer
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ATTACHMENT A
Staff Report
Harmony Cottages
Project Development Plan
PDP #150030
ITEM NO 1
MEETING DATE Mar. 28, 2016
STAFF Clay Frickey
ADMINISTRATIVE HEARING OFFICER
Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750
STAFF REPORT
PROJECT: Harmony Cottages, PDP150030
APPLICANT: Russ Lee
Ripley Design, Inc.
419 Canyon Ave.
Suite 200
Fort Collins, CO 80524
OWNERS: Harmony Limited, LLC
PO Box 271519
Fort Collins, CO 80527
PROJECT DESCRIPTION:
This is a request for a Project Development Plan for Habitat for Humanity to construct
44 two-family and 4 single-family dwelling units on a 4.45 acre site located southeast of
the intersection of Harmony Road and Taft Hill Road. The LMN zoning district allows
twelve dwelling units per gross acre of land for affordable housing projects. Habitat for
Humanity seeks to provide housing for people whose income is between 35% and 60%
of the Fort Collins average median income (AMI) and therefore qualifies as an
affordable housing project. With 48 total dwelling units, the proposed density is 10.79
dwelling units per acre. This site is located in the LMN (Low Density Mixed Use
Neighborhood District).
RECOMMENDATION: Staff recommends approval of Harmony Cottages PDP150030
with conditions.
EXECUTIVE SUMMARY:
Staff finds the proposed Harmony Cottages Project Development Plan complies with the
applicable requirements of the City of Fort Collins Land Use Code (LUC), more
specifically:
The Project Development Plan complies with the process located in Division 2.2
– Common Development Review Procedures for Development Applications of
Article 2 – Administration.
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 2
The Modification of Standard to Section 3.5.2(E)(1) – setback from arterial
streets - 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, the plan will promote
the general purpose of the standard for which the modification is requested
equally or better than would a plan which complies with the standard for which a
modification is requested, and the granting of a modification from the strict
application of this 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.
The Project Development Plan complies with relevant standards of Article 3 –
General Development Standards.
The Project Development Plan complies with relevant standards located in
Division 4.5, Low Density Mixed-Use Neighborhood (LMN) of Article 4 – Districts.
While the proposed plan complies with the applicable requirements of the City of Fort
Collins Land Use Code, the site plan currently does not match up with the proposed civil
engineering documents and plat. Staff recommends approval of the proposed plan with
the condition that all documents match at the time of recordation.
COMMENTS:
1. Background
The property was annexed into the City as part of the Horsetooth – Harmony West
Annexation on June 3, 1980. In 2005, Habitat for Humanity pursued a project on the
property called Innovation Island. Innovation Island was a development that separated
the 4.45 acres of land into two lots. As proposed, Innovation Island would have
consisted of 27 multi-family units with 61 parking spaces on 3.16 acres on Lot 1. Lot 2
was to be developed as multi-family residential or commercial as part of a later phase of
development. The Innovation Island PDP sought entitlement for the development of Lot
1. The Innovation Island PDP was approved by the Planning & Zoning Board on
November 17, 2005. The decision of the Planning & Zoning Board was appealed to
City Council on January 17, 2006. City Council upheld the Planning & Zoning Board’s
decision. Despite gaining this approval, the Innovation Island development did not
move forward and the PDP lapsed in 2009.
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 3
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North County Single-family detached residential, multi-family
South Low Density Residential (RL) Single-family detached residential
East Low Density Residential (RL) Single-family detached residential
West County Single-family detached residential, gas station
and convenience store, mobile home park
Below is a zoning and site vicinity map.
Figure 1: Harmony Cottages Zoning & Site Vicinity Map
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 4
2. Compliance with Section 2.8.2(H) of the Land Use Code - Modification of
Standards
Modification Description:
The applicant requests a Modification to Section 3.5.2(E)(1) – Setback from
Arterial Streets to set the proposed buildings back from Harmony Road and Taft
Hill Road 15 feet where 30 feet is required.
Land Use Code Standard Proposed to be Modified (areas underlined and
bolded for emphasis):
Land Use Code 3.5.2(E)(1):
The minimum setback of every residential building and of every
detached accessory building that is incidental to the residential building
shall be thirty (30) feet from any arterial street right-of-way, except for
those buildings regulated by Section 3.8.30 of this Code, which buildings
must comply with the setback regulations set forth in Section 3.8.30.
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
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 5
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 is equal or better than
provisions in the Land Use Code):
Applicant’s Justification for Criterion 1:
In order to mitigate the proximity of the single family attached houses to
the Harmony and Taft Hill road ways, the applicant is proposing to more
than double the amount of landscape required along the street scape. The
code would require 17 trees along Harmony Road and 8 trees along Taft
Hill. In order to provide a visual buffer from the houses and the roads, the
applicant is proposing 44 trees along Harmony and 16 along Taft Hill. That
would more than double the required landscape.
The existing right-of-ways along Harmony and Taft Hill are also larger than
the City standard providing a greater distance from the homes and the
road than would be typical in the City. The typical park way along a 4 lane
arterial is 16’ (the area between the back walk and the road). The park
way along Harmony is 24’ and the park way along Taft Hill it is 55’. With a
30’ set back along an arterial and a typical 16’ parkway, the code would
require single family homes to be set back 46’ from the arterial road. The
current design is close to meeting or exceeding that dimension. The
homes along Harmony will be setback from the road between 39’ and 44’.
That is only 2’-7’ closer than the current standards would require. The
homes along Taft Hill are set back 72’ from the road way exceeding the
required 46’ set back by 26’.
Lastly, if the units along Harmony and Taft Hill were a 3-plex unit rather
that a duplex, the code would allow the homes to be 15’ from the right of
way matching the closest set back shown on the plans.
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 6
Applicant’s Justification for Criterion 2:
Development of the Harmony Cottages project would result in a substantial
benefit to the City because the proposed community would address the need for
affordable housing as expressed in City Plan. City Plan contains overarching
policy statements that promote balanced and integrated living patterns. Topics
addressed include the goal of a mix of housing types in all City sectors.
Additionally, affordable housing is encouraged to be dispersed throughout the
City.
The City also has an Affordable Housing Strategic Plan, which establishes
priorities and strategies for the City’s affordable housing programs and informs
the Consolidated Plan and Annual Action Plans required by HUD. The most
recent plan (2015) identifies four priorities to address affordable housing needs:
Increase the inventory of affordable units
Preserve existing affordable housing units
Increase housing and facilities for people with special needs
To meet the definition of Affordable Housing in the City of Fort Collins, 10% of
units must be set-aside for households earning less than 80% of Area Median
Income (AMI) adjusted for household size. The Applicant is proposing to set
aside 100% of the dwelling units for households earning less than 60% of AMI. In
addition the properties will be deed income restricted for 20 years. The first
homeowner will have to qualify earning between 35-60% AMI and then, if resold,
the new buyer would need to earn less than 80% AMI.
Staff Finding:
Staff finds that the request for a Modification of Standard to section 3.5.2(E)(1) is
justified by the applicable standards in 2.8.2(H)(1) and 2.8.2(H)(2).
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; and
C. The project design satisfies 2.8.2(H)(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
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 7
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
Staff Finding for Criterion 1:
Staff finds that the proposed plan meets the intent of the Code section equal to or
better than would a plan that complies with the standard for which this
modification is requested. The purpose of the setback standards for single-family
houses along arterial streets is to provide safety for residents and minimize the
impact of road noise. Two factors provide increased safety and minimize road
noise in lieu of the typical 30’ setback. One is the increased landscaping
provided along both Harmony Road and Taft Hill Road. The proposed landscape
plan shows double the landscaping required along Taft Hill Road and more than
double the required landscaping required along Harmony Road. The increased
landscaping is complemented by a white picket fence to further delineate the
edge of the lots.
The other factor that aids the safety and minimizes noise from arterial roads is
the distance of the buildings from the nearest traffic lanes on Harmony Road and
Taft Hill Road. Harmony Road is unique in that the parkway abutting this parcel
is 24 feet wide as opposed to the typical 16 foot parkway along most arterials.
This means the buildings of this development are 8 feet further away from the
nearest travel lane than is typical. While this means some buildings are still 7
feet closer to the nearest travel lane than is typical, the additional landscaping
and fencing reduces the impact of Harmony Road on the development. The
buildings are even further away from the nearest travel lane on Taft Hill Road
since Taft Hill has yet to be widened. According to the City’s latest Capital
Improvement Plan, the widening of Taft Hill Road between the Growth
Management Area boundary and Harmony Road would cost approximately $8.5
million. This project is identified as a long-term or forecasted need. Like many of
the projects identified in the Capital Improvement Plan, the widening of Taft Hill
Road from the Growth Management Area boundary is unfunded. As such, it is
unclear at this time when Taft Hill Road will be widened. In its current condition,
the buildings are 72’ away from the nearest travel lane on Taft Hill Road, which
vastly exceeds the typical 46 feet when accounting for the setback, sidewalk, and
parkway seen on most arterials.
Staff also finds that the proposal as shown with single-family attached units with
a decreased setback to be equal to or better than a plan that would show multi-
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 8
family units with a 15 foot setback. Multi-family buildings only require a 15 foot
setback from arterial streets per Land Use Code section 3.8.30(E)(3), which
supersedes the standard outlined in 3.5.2(E)(1). The proposed plan could
comply with the minimum setback standard by changing the unit type to triplexes.
Staff finds that a plan featuring triplexes with a 15 foot setback would be inferior
to the current plan. The current plan allows each unit to have more access to air
and light due to the required side yard setbacks between each duplex. In a
triplex configuration, the middle unit would likely have less access to air and light
and would result in a less livable and desirable unit for potential home owners.
The scale of duplexes also more closely matches the existing character of the
neighborhood.
In summary, staff finds the proposed site plan is equal to or better than a plan
that meets Land Use Code section 3.5.2(E)(1). The proposed plan addresses
safety and noise issues through enhanced landscaping and fencing. The
proposed buildings will also be further away from the nearest travel lanes along
Harmony Road and Taft Hill road than usual due to the unique parkway strips
along these roadways. The proposed site plan will also allow for more livable
units that are more compatible with the surrounding area than would a similar
plan featuring triplexes.
Staff Finding for Criterion 2:
Staff finds the proposed development meets goals identified in City Plan, Fort
Collins’ comprehensive plan, as well as the Affordable Housing Strategic Plan,
which was adopted by City Council unanimously in August 2015.
City Plan has numerous principles and policy objectives that target an increased
supply of affordable housing in Fort Collins. Some of these policies include but
are not limited to:
Principle LIV 7: A variety of housing types and densities for all income levels
shall be available throughout the Growth Management Area.
Policy LIV 7.4 – Maximize Land for Residential Development
Permit residential development in most neighborhoods and districts in order to
maximize the potential land available for development of housing and thereby
positively influence housing affordability.
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 9
Principle LIV 8: The City will encourage the creation and expansion of
affordable housing opportunities and preservation of the existing affordable
housing supply.
Policy LIV 8.1 – Support Affordable Housing Programs
Support the development and provision of affordable housing in the community
by maintaining and allocating funding for affordable housing services and
programs including management of a competitive process for federal and local
funding, development incentives, homebuyer assistance, and the Land Bank
program.
The recently adopted Affordable Housing Strategic Plan also aims to increase
the amount of affordable housing in Fort Collins. One of the overarching goals of
the Affordable Housing Strategic Plan is that publicly assisted affordable housing
will consist of 10% of the housing stock by 2040. To reach this overall goal, the
City must meet a short-term goal of having publicly assisted affordable housing
consist of 6% of the housing stock by 2020. To reach this goal with the projected
growth of the community, 94 affordable, owner-occupied units would need to be
built by 2020. This project would help fulfill a substantial portion of this goal.
Staff finds that the modification request for relief from the 30’ setback
requirement from arterial streets is justified due to the proposed plan’s alignment
with an important community need expressed within City Plan and the Affordable
Housing Strategic Plan.
3. Compliance with Article 3 of the Land Use Code – General Development
Standards:
The project complies with all applicable General Development Standards as
follows:
A. Section 3.2.1(D) – Tree Planting Standards
All developments must establish groves and belts of trees along all city
streets, in and around parking lots, and in all landscape areas that are
located within 50 feet of any building or structure in order to establish at
least a partial urban tree canopy. The proposed landscape plan shows
trees that line the private drive that runs through the development that will
provide a tree canopy along the street. Each shared green space
between the units feature trees that will further enhance the tree canopy
on the site.
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Administrative Hearing 03-28-2016
Page 10
B. Section 3.2.1(D)(2) – Street Trees
Developments that front on streets with a landscape parkway must
provide canopy shade trees at 30-40 foot spacing in the center of such
parkway areas. The proposed landscape plan shows canopy shade trees
along Harmony Road and Taft Hill Road with 40 foot spacing between
each canopy shade tree.
C. Section 3.2.1(D)(3) – Minimum Species Diversity
To prevent uniform insect or disease susceptibility and eventual uniform
senescence on a development site or in the adjacent area or the district,
species diversity is required and extensive monocultures are prohibited.
The maximum percentage of any one species when there are 60 or more
trees on site is 15%. No species consists of more than 15% of the overall
amount of trees provided.
D. Section 3.2.1(D)(4) – Tree Species and Minimum Sizes
All trees provided must meet the minimum sizes as follows:
Type Minimum Size
Canopy Shade Tree 2.0" caliper balled and burlapped or
equivalent
Evergreen Tree 6.0' height balled and burlapped or
equivalent
Ornamental Tree 1.5" caliper balled and burlapped or
equivalent
Shrubs 5 gallon or adequate size consistent
with design intent
Canopy Shad Tree as a street tree
on a Residential Local Street Only
1.25" caliper container or equivalent
The trees shown on the landscape all meet these minimum requirements.
E. Section 3.2.1(E)(3) – Water Conservation
All landscape plans must be designed to incorporate water conservation
materials and techniques in order to meet the Xeriscape principals
established in the Land Use Code. Total annual water use shall not
exceed 15 gallons/square foot over the site. The landscape plan meets
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 11
the Xeriscape principals in the Land Use Code and has an annual water
use of 12.54 gallons/square foot over the site.
F. Section 3.2.2(C)(1) – Safety Considerations
To the maximum extent feasible, pedestrians shall be separated from
vehicles and bicycles. The proposed development will have an extensive
system of sidewalks separated from the roadway by a curb. These
walkways allow pedestrians to move within the site without encountering
vehicles or bicycles.
G. Section 3.2.2(C)(5) – Walkways
Walkways must be located and aligned to directly and continuously
connect areas or point of pedestrian origin and destination. Each walkway
shown on the proposed site plan connects to the entry of each duplex and
single-family home. These walkways connect to the street like private
drive that runs through the site. All of the walkways end up leading to the
sidewalks on Harmony Road and Taft Hill Road.
H. Section 3.2.2(C)(6) – Direct On-Site Access to Pedestrian and Bicycle
Destinations
Pedestrian and bicycle facilities provided on site must connect to or allow
for direct connections to major pedestrian and bicycle destinations. The
sidewalk network connects to the sidewalks on Harmony Road and Taft
Hill Road, which provide direct connections to major destinations.
I. Section 3.2.2(C)(8) – Transportation Impact Study
A Transportation Impact Study is required for developments that could
have an impact on the traffic conditions surrounding the development.
The applicant supplied a Transportation Impact Study in accordance with
the City’s guidelines.
J. Section 3.2.2(D) – Access and Parking Lot Requirements
The proposal meets the requirements outlined in Land Use Code section
3.2.2(D) including the separation of vehicles and pedestrians,
unobstructed vehicle access, location of off-street parking areas,
pavement material, and lighting.
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Administrative Hearing 03-28-2016
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K. Section 3.2.2(J) – Setbacks
The minimum setbacks for a vehicle use area are 15 feet along an arterial
street and 5 feet along a lot line. All of the vehicle use areas meet these
minimum requirements.
L. Section 3.2.2(K) – Parking Lots – Required Number of Off-Street Spaces
for Type of Use
The table below shows the amount of off-street parking spaces required
and the amount provided by unit type.
Table 1 ‐ Off‐Street Parking Summary
Unit Type # of Units Parking Required Parking Provided
Duplex, 2-bed 13 23 23
Duplex, 3-bed 26 52 52
Duplex, 4-bed 5 15 15
Single-family
detached
4 8 8
Total 48 98 98
M. Section 3.2.3 – Solar Access, Orientation, Shading
All development shall be designed throughout to accommodate active
and/or passive solar installations to the extent reasonably feasible while
minimizing the casting of shadows onto adjacent developments. The
architectural elevations show solar panels on the roofs of each duplex and
are located to minimize casting shadows on the neighborhood to the
south.
N. Section 3.2.4 – Site Lighting
The proposed lighting plan is consistent with the requirements of the Land
Use Code in regards to the general standard, lighting levels and design
standards.
O. Section 3.3.1(B) – Lots
No lot in a subdivision shall have less area than required under the
applicable zoning requirements. Each lot must also have vehicular access
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Page 13
to a public street. All lots meet the minimum dimensional standards
outlined in Section 4.5 of the Land Use Code.
P. Section 3.5.1 – Building and Project Compatibility
New developments shall be compatible with the established architectural
character of the area. This includes using similar materials, buildings that
are of a similar size, height, bulk, mass, and scale, and minimizing the
infringement on adjacent property owners’ privacy.
The neighborhood immediately to the south of this development consists
of a mix of one and two-story single-family detached dwellings. Most of
the houses consist of wood siding with brick accents and pitched roofs.
All of the duplexes have attached garages. Some of the houses also
feature small front porches. The proposed architecture for Harmony
Cottages is one and two-story structures with siding and pitched roof
forms. Each duplex will also contain covered porches. While the adjacent
subdivision does not contain any duplexes, the duplexes as part of this
proposal are designed to look like single-family houses with distinct roof
forms for each side of the duplex. The duplexes are also comparably
sized to the single-family houses in the adjacent. All of the buildings along
the southern property line are also oriented to minimize privacy issues for
adjacent property owners. These qualities work in concert to create a
development that will be compatible with the existing neighborhoods.
The proposed site and landscape plan also show extra attention to
buffering from adjacent uses. While the proposed residential use is
consistent with the adjacent residential uses, the proposed development is
denser than the surrounding neighborhoods. To improve the transition
between the proposed development and adjacent neighborhood to the
south, the landscape plan shows groves of trees that act as a buffer.
These tree groves provide visual relief to the adjacent neighborhood and
soften the transition from duplexes to single-family detached homes.
Q. Section 3.5.2(D) – Relationship of Dwellings to Streets and Parking
Every front door shall face the adjacent street to the extent reasonably
feasible. Alternatively, front doors may face onto a major walkway spine
as long as the front door is no more than 350 feet from a street sidewalk.
Most of the front doors face onto a shared green space with walkways that
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 14
connect to the sidewalk on the “street-like” private drive that serves the
development. None of these front doors are more than 350 feet from the
nearest street sidewalk. Lots 14-21 and 41-48 have front doors that
connect directly to the sidewalks along Harmony Road and Taft Hill Road,
respectively.
R. Section 3.5.2(E)(3) – Side and Rear Yard Setbacks
For residential buildings, the minimum side yard setback is 5 feet and the
minimum rear yard setback is 8 feet. Each building complies with the 5
foot side yard setback and the 8 foot rear yard setback.
S. Section 3.5.2(F) – Garage Doors
Garage doors should be integrated into the development to prevent the
streetscape from being dominated by protruding garage doors. The
proposed garage doors face an alley and have windows so that the
garage appears to be a part of the living portion of the house.
T. Section 3.6.6 – Emergency Access
All proposed developments shall provide adequate access for emergency
vehicles and for those persons rendering fire protection and emergency
services. The proposed development’s emergency access plan has
gained preliminary approval from Poudre Fire Authority for meeting all
applicable code requirements.
4. Compliance with Article 4 of the Land Use Code – Division 4.5, Low Density
Mixed-Use Neighborhood (LMN):
The project complies with all applicable Article 4 standards as follows:
A. Section 4.5(B)(2)(a) – Permitted Uses
The proposed use, single-family attached dwellings, is permitted in the
LMN zone district and is consistent with the district’s intent to be a setting
for a predominance of low density housing.
B. Section 4.5(D)(1)(b) – Density
The maximum density of any development shall be 9 dwelling units per
acre except for affordable housing projects containing 10 acres or less,
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 15
which can have a density of 12 dwelling units per acre. The proposed
development is a certified affordable housing development with a
proposed density of 10.79 dwelling units per acre on a 4.45 acre site.
C. Section 4.5(E)(3) – Maximum Residential Building Height
The maximum height for single-family and two-family structures is two and
a half stories. All of the proposed buildings will be two stories or one story
in height.
5. Public Outreach Summary
As part of this project, the applicant conducted two neighborhood meetings. The
first meeting was held December 3, 2015 at Global Village Academy. This
meeting was structured as an open house to gather information about the
proposed development, the Habitat for Humanity program, and the process the
proposed development would go through. The applicant had not yet submitted a
formal development review proposal to the City at the time of the neighborhood
meeting. 32 neighborhood members attended their meeting and provided
feedback on the preliminary proposal. Due to the number of concerns raised at
the first neighborhood meeting, the applicant coordinated a second neighborhood
meeting in collaboration with an HOA adjacent to the development site. This
meeting was held on February 18th, 2016. Over 80 neighborhood members
attended the second meeting. The structure of the second meeting was a more
traditional neighborhood meeting format where the applicant and City
representatives gave presentations on the project and the development review
process followed by a question and answer period. Neighbors raised similar
concerns at both neighborhood meetings. Most of the concerns fell in the
following categories:
Overall density of the project is too high
Increased traffic due to the development on Taft Hill and Harmony will
negatively impact current residents of the area
Concern about potential cut-through traffic through the existing
neighborhoods to the south
Desire for additional access point on Taft Hill Road so that there are two
entrances and exits for the development
Worried about the development’s impact on home values
Safety concerns for kids that will be walking to nearby schools
Staff Report – Harmony Cottages, PDP150030
Administrative Hearing 03-28-2016
Page 16
6. Findings of Fact/Conclusion:
In evaluating the request for the Harmony Cottages Project Development Plan,
Staff makes the following findings of fact:
A. The Modification of Standard to Section 3.5.2(E)(1) 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, the plan will promote the general purpose
of the standard for which the modification is requested equally or better
than would a plan which complies with the standard for which a
modification is requested, and the granting of a modification from the strict
application of this 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.
B. The Project Development Plan complies with relevant standards located in
Article 3 – General Development Standards.
C. The Project Development Plan complies with relevant standards located in
Division 4.5, Low Density Mixed-Use Neighborhood (LMN) of Article 4 –
Districts.
While the proposed plan complies with the applicable requirements of the City of Fort
Collins Land Use Code, the site plan currently does not match up with the proposed civil
engineering documents and plat. Staff recommends approval of the proposed plan with
the condition that all documents match at the time of recordation.
RECOMMENDATION:
Staff recommends approval of Harmony Cottages, PDP150030 with the condition that
the civil engineering documents and plat match the proposed site plan at the time of
recordation.
ATTACHMENTS:
1. Zoning & Site Vicinity Map
2. Statement of Planning Objectives
3. Harmony Cottages Subdivision Plat
4. Harmony Cottages Planning Document Set (includes site plan, landscape plan,
photometric plan, and elevations)
5. Modification Request
Staff Report – Harmony Cottages, PDP150030
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Page 17
6. Traffic Impact Analysis
7. Geotechnical Report
8. Drainage Report
9. Harmony Cottages Utility Plan Set
10. Neighborhood meeting summary – December 3, 2015
11. Neighborhood meeting summary – February 18, 2016
12. Habitat for Humanity Program Description
26
ATTACHMENT B
Sign-in Sheets
Harmony Cottages
Project Development Plan
PDP #150030