HomeMy WebLinkAboutSTEAD (255 S. TAFT HILL RD.) - PDP/FDP - FDP150029 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS (10)August 12, 2015
Modification Request
DIVISION 3.5.2 RESIDENTIAL BUILDING STANDARDS
(D) Relationship of Dwellings to Streets and Parking.
(1) Orientation to a Connecting Walkway.
Every front facade with a primary entrance to a dwelling unit shall face the adjacent street to the
extent reasonably feasible. Every front facade with a primary entrance to a dwelling unit shall
face a connecting walkway with no primary entrance more than two hundred (200) feet from a
street sidewalk. The following exceptions to this standard are permitted:
(a) Up to two (2) single-family detached dwellings on an individual lot that has frontage on
either a public or private street.
Background and Reason for the Request
The site is uniquely shaped with a long access “arm” to the majority of the lot which has the
appearance of a typical rectangle lot. The “arm” has 25 feet of frontage along Taft Hill Road
with an existing sidewalk. The proposed single family home does not fit within the “arm” of this
lot. Therefore, the home is placed within the larger typical lot area and is approximately 268 feet
west of the sidewalk.
Justifications for this request include the following: 1) the strict application of the standard
would render the project infeasible because a home cannot be built within the “arm” of the
property; 2) the plan as submitted would not diverge from the standards of the Land Use Code
except in a nominal and inconsequential way.
Justifications
The Land Use Code states that 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 the
decision-maker must also find that the Modification meets one of the following four criteria
described in the LUC.
(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;
An exception to the standard is if a detached dwelling on an individual lot has frontage on either
a public or private street. This is a detached dwelling and has 25 feet of frontage on a public
street. If we classified the driveway as a private street we would be able to take this exemption.
The plan would not have to change appearance. Therefore, the plan as submitted will promote
the general purpose of the standard equally well.
(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;
N/A
(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;
The site is uniquely shaped in that there is only 25.01 feet of street frontage along South Taft
Hill Road. The majority of the lot is located behind two other single family residences. The first
215 feet of property is exceptionally narrow. When considering the required 5 feet of landscape
setback along the side yards, the home would be a maximum of 15 feet wide and block access
to the rest of the lot.
(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.
An exception to the standard is if a detached dwelling on an individual lot has frontage on either
a public or private street. This is a detached dwelling and has 25 feet of frontage on a public
street. If we classified the driveway as a private street we would be able to take this exemption.
The plan would not have to change appearance. Therefore, the plan as submitted will promote
the general purpose of the standard equally well.
In conclusion:
The proposed plan is equally as well as a plan that follows the standard by simply calling
the driveway a private street.
The exceptionally narrow entry to the lot prevents dwelling units within 200 feet from the
sidewalk
August 12, 2015
Modification Request
DIVISION 4.5 LOW DENSITY MIXED-USE NEIGHBORHOOD (LMN)
DISTRICT
(D) Land Use Standards.
(1) Density.
(a) Residential developments in the Low Density Mixed-Use Neighborhood District shall
have an overall minimum average density of four (4) dwelling units per net acre of
residential land, except that residential developments (whether overall development plans
or project development plans) containing twenty (20) acres or less shall have an overall
minimum average density of three (3) dwelling units per net acre of residential land.
(b) The maximum density of any development plan taken as a whole shall be nine (9)
dwelling units per gross acre of residential land, except that affordable housing projects
(whether approved pursuant to overall development plans or project development plans)
containing ten (10) acres or less may attain a maximum density, taken as a whole, of twelve
(12) dwellings units per gross acre of residential land.
(c) The maximum density of any phase in a multiple-phase development plan shall be
twelve (12) dwelling units per gross acre of residential land, and the maximum density of
any portion of a phase containing a grouping of two (2) or more multi-family structures
shall be twelve (12) dwelling units per gross acre of residential land.
Background and Reason for the Request
The site is located across South Taft Hill Road from City Park Nine Golf Course. The property is
part of the West Fort Collins Annexation but is not part of a subdivision. Therefore, many of the
surrounding lots are very rural in appearance and consist of detached single family homes. The
lots to the north and south have densities of .75 dwelling units per acre and .91 dwelling units per
acre respectively. Currently the land is vacant. The intent is to construct one single family home.
The site is 1.16 acres and will be dedicating a significant amount of right-of-way. With one
dwelling unit the net density would be 1.10 dwelling units per acre. Three (3) dwelling units per
acre are required within the LMN Zone District. There are several site specific constraints that
prevent a higher density on this property including neighbor opposition. Justifications for this
request include the following: 1) the proposed plan will promote the general purpose of the
standard equally well or better than a plan which complies with the standard; 2) it will
substantially alleviate a city wide concern of lack of housing variety; 3) the strict application of
the standard would render the project infeasible because the costs associated with building three
dwelling units and the lack of space for utilities, and ; 4) the plan as submitted would not
diverge from the standards of the Land Use Code except in a nominal and inconsequential way.
The main purpose of the LMN 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 fully integrated into the larger community by the pattern
of streets, blocks and other linkages.” We believe the project achieves the main purpose of the
LMN District because it increases the variety of housing choices in the neighborhood.
Justifications
The Land Use Code states that 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 the
decision-maker must also find that the Modification meets one of the following four criteria
described in the LUC.
(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 site is located in between the golf course to the east and single family homes within the
Tenth Green subdivision to the west. The Tenth Green averages 4.22 dwelling units per acre.
This property will provide a transition between those two uses for the short term and provide the
opportunity for higher density development in the future. The plan as submitted allows for four
more lots to be developed as utilities become available. This plan is equal to or better than the
standard by providing a short term solution of adding a dwelling unit and allowing for future
development of four additional rooftops as adequate public facilities become available.
(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;
This project provides a distinctly different option for a housing choice within the LMN zone
district. This directly relates to the main purpose of the LMN zone district which includes
meeting, “a wide range of needs of everyday living in neighborhoods that include a variety of
housing choices”. The yurt style home provides a new housing style choice in the area.
Also, the strict application of building three dwelling units would render this project infeasible
due to utility separations and cost of development. There is only 25’ of street frontage along Taft
Hill Rd. It is not possible, due to utility separation distances, to run enough utility laterals for
three dwelling units. In order to have three dwelling units, Pennsylvania Street will have to be
constructed with utility main lines. This would require land dedication from 15 adjacent property
owners from the north and four property owners from the south. In this case, the developer is the
homeowner. They have agreed to dedicate the right-of-way for the future street to allow future
development when it is possible. However, constructing the road would be cost prohibitive and
the project would not happen. This would result in vacant land rather than an additional home.
(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;
The site is uniquely shaped in that there is only 25.01 feet of street frontage along South Taft
Hill Road. The majority of the lot is located behind two other single family residences. In order
to construct three dwelling units, separate utility services would have to be provided. This is not
possible within 25 feet due to the utility separations required by the engineering department and
utility companies.
(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.
The request for the density to be decreased from 3 to 1.10 will not diverge from the standards of
the Land Use Code except in a nominal, inconsequential way due to providing a plan which will
allow for future development when that is possible. The home and garage have been located as
close as possible to each other to be able to fit on one lot. The front door of the home will simply
rotate to the new street. The garage will have pass-through doors to allow two front elevations.
When development is possible and feasible three lots west of Pennsylvania Street can be
subdivided and sold allowing 3.6 dwelling units.
In conclusion:
Utility separation requirements prevent three dwelling units from being constructed
The proposed plan is a better fit for the adjacent neighborhood than three single family
homes.
The adjacent neighbors are supportive of lower density.
The project offers a distinctly different housing style