HomeMy WebLinkAboutSTEAD (255 S. TAFT HILL RD.) - PDP/FDP - FDP150029 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO 2
MEETING DATE Nov. 2, 2015
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: Stead (255 S Taft Hill Rd), FDP150029
APPLICANT: Stephanie Van Dyken
Ripley Design
444 Mountain Ave.
Berthoud, CO 80513
OWNERS: Shane Roberts/Jaclyn Fenske
601 S Howes St.
Fort Collins, CO 80521
PROJECT DESCRIPTION:
This is a consolidated Project Development Plan/Final Plan request to plat a 1.156 acre
property located approximately at 255 S. Taft Hill Rd. The proposal includes
construction of a 1,782 square foot single-family residence, 864 square foot future
garage, and 1,200 square foot future barn. The garage and barn are anticipated to be
completed in the next five to ten years. The garage and adjacent paved parking spaces
will serve as the required parking. The project is located in the Low Density Mixed-Use
Neighborhood (L-M-N) zone district.
RECOMMENDATION: Staff recommends approval of Stead (255 S Taft Hill Rd),
FDP150029.
EXECUTIVE SUMMARY:
Staff finds the proposed Stead (255 S Taft Hill Rd) Project Development Plan/Final Plan
complies with the applicable requirements of the City of Fort Collins Land Use Code
(LUC), more specifically:
The Project Development Plan/Final Plan complies with the process located in
Division 2.2 – Common Development Review Procedures for Development
Applications of Article 2 – Administration.
The Modification of Standard to Section 3.5.2(D)(1) that is proposed with this
Project Development Plan/Final Plan meets the applicable requirements of
Staff Report – Stead (255 S Taft Hill Rd), FDP150029
Administrative Hearing 11-02-2015
Page 2
Section 2.8.2(H), in that the granting of the Modification would not be detrimental
to the public good and that by reason of exceptional physical condition, the strict
application of the standard sought to be modified would result in unusual and
exceptional practical difficulties.
The Modification of Standard to Section 4.5(D)(1)(a) that is proposed with this
Project Development Plan/Final Plan meets the applicable requirements of
Section 2.8.2(H), in that the granting of the Modification would not be detrimental
to the public good and the 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.
The Project Development Plan/Final Plan complies with relevant standards of
Article 3 – General Development Standards, if the Modification of Standard to
Section 3.5.3(C)(2) is approved.
The Project Development Plan/Final Plan complies with relevant standards
located in Division 4.5, Low Density Mixed-Use Neighborhood (LMN) of Article 4
– Districts.
COMMENTS:
1. Background
The property was annexed into the City as part of the West Fort Collins Annexation on
August 10, 1967.
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North Low Density Mixed-Use Neighborhood
(LMN)
Single-family detached residential, light
industrial
South Low Density Mixed-Use Neighborhood
(LMN)
Single-family detached residential, place of
worship
East Public Open Land (POL) Golf course
West Low Density Residential (RL) Single-family detached residential
A zoning and site vicinity map is presented on the following page.
Staff Report – Stead (255 S Taft Hill Rd), FDP150029
Administrative Hearing 11-02-2015
Page 3
Figure 1: Stead (255 S Taft Hill Rd) Zoning & Site Vicinity Map
Staff Report – Stead (255 S Taft Hill Rd), FDP150029
Administrative Hearing 11-02-2015
Page 4
2. Compliance with Section 2.8.2(H) of the Land Use Code - Modification of
Standards
Modification Description:
The applicant requests two Modifications:
1. To section 3.5.2(D)(1) - Orientation to a Connection Walkway to allow a
primary entrance that is more than 200 feet away from a street sidewalk.
2. To section 4.5(D)(1)(a) – Land Use Standards – Density to allow a project
with an overall density less than three dwelling units per acre.
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
Staff Report – Stead (255 S Taft Hill Rd), FDP150029
Administrative Hearing 11-02-2015
Page 5
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).
Land Use Code Standard Proposed to be Modified for Modification #1
(areas underlined and bolded for emphasis):
Land Use Code 3.5.2(D)(1):
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.
Summary of Applicant’s Justification:
The applicant requests that the Modification be approved and provides the
following justification based upon Criterion 3 (strict application of this standard
would result in unusual or practical difficulties; provided that such difficulties or
hardship are not caused by the act or omission of the applicant).
Applicant’s Justification for Criterion 3:
“The property’s unique shape precludes the development of a home within 200
feet of the public sidewalk along Taft Hill Road. The first 215 feet of the property
that abuts Taft Hill is only 25 feet wide. When considering the required 5 foot
side yard setbacks along either side, the home would be a maximum of 15 feet in
width and would block access to the rest of the lot.”
Staff Finding:
Staff finds that the request for a Modification of Standard to section 3.5.3(C)(2) is
justified by the applicable standards in 2.8.2(H)(3).
Staff Report – Stead (255 S Taft Hill Rd), FDP150029
Administrative Hearing 11-02-2015
Page 6
A. The granting of the Modification would not be detrimental to the public good
B. The project design satisfies 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.
Staff finds that the strict application of the standards outlined in section
3.5.3(C)(2) would result in unusual and exceptional practical difficulties not
caused by the act or omission of the applicant. The narrow strip of land that
abuts S.Taft Hill Road provides the site with its access to the road and sidewalk
network. Strictly adhering to this code standard would require the applicant to
block access to the rest of their lot. The proposed site plan allows for the
driveway to act as the connection to the public sidewalk while allowing for the
rest of the lot to be usable. The proposed site plan will also allow the building to
meet this code standard should a future local street, which is an extension of the
existing Pennsylvania Street to the north, be constructed. Upon construction of
Pennsylvania Street, the front entrance will be within 200 feet of the street
sidewalk and will satisfy this code requirement at such time.
Land Use Code Standard Proposed to be Modified for Modification #2
(areas underlined and bolded for emphasis):
Land Use Code 4.5(D)(1)(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.
Staff Report – Stead (255 S Taft Hill Rd), FDP150029
Administrative Hearing 11-02-2015
Page 7
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 to or better than
provisions in the Land Use Code).
Applicant’s Justification for Criterion 1:
“This property will be a transitional land use in 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.”
Staff Finding:
Staff finds that the request for a Modification of Standard to section 4.5(D)(1)(a)
is justified by the applicable standards in 2.8.2(H)(1).
A. The granting of the Modification would not be detrimental to the public good
B. The project design satisfies 2.8.2(H)(1): the plan as submitted will promote
the general purpose of the standard for which the modification is requested
equally well or better than would a plan which complies with the standard for
which a modification is requested
Staff finds that the proposed plan promotes the general purpose of the standard
outlined in 4.5(D)(1)(a) equal well or better than would a plan that complies with the
standard. This proposal provides a transitional use for the property. The proposed use
is consistent with surrounding land uses and density. The adjacent parcels contain
single-family homes with densities of .75 dwelling units per acre for the lot to the north
and .91 dwelling units per acre for the lot to the south. Stead will have a net density of
1.1 dwelling units per acre, which is comparable to adjacent properties. By platting the
property with developable lots on either side of the proposed Pennsylvania Street, this
proposal allows for the property to be developed at higher densities once Pennsylvania
Street is constructed. The proposed plat shows Lot 1 as being 16,550 sq. ft. with 176
feet of frontage along Pennsylvania Street. Lot 1 could be subdivided into three
buildable lots and still meet the minimum lot size. This would result in a development at
7.79 dwelling units/acre, which would meet the standards outlined in 4.5(D)(1)(a).
Staff Report – Stead (255 S Taft Hill Rd), FDP150029
Administrative Hearing 11-02-2015
Page 8
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. Division 3.2.1(C) – Landscaping and Tree Protection – General Standard
The proposed landscaping reinforces the existing pattern of outdoor
spaces by maintaining the existing trees, shrubs, and vegetation on-site.
Any further modifications to their landscaping will be consistent with this
code section.
B. Section 3.2.1(F) - Tree Protection and Replacement
Existing significant trees within the limits of development shall be
preserved to the extent reasonably feasible and may help satisfy the
landscaping requirements of this Section as set forth above. The
proposed site plan minimizes disturbance to existing trees. The trees
impacted by the proposed site plan are predominantly Siberian Elm of wild
origin in poor condition. Siberian Elms in poor condition do not require
mitigation per section 3.2.1(F)(2)(e) of the Land Use Code.
One ash tree is poised for removal without mitigation per the tree
mitigation plan. Normally, an ash tree would require mitigation per this
code section but due to the size and health of the tree, the City Forester
deemed mitigation for this tree to be unnecessary. Attached is a
statement from the City Forester that states there will be no mitigation
trees required for the removal of the ash tree.
C. Section 3.2.2(K)(1)(c) – Residential and Institutional Parking
Requirements - Single-Family Detached
For single-family dwellings on lots that have less than 40 feet of street
frontage, two parking spaces are required. The proposed site plan shows
two parking spaces paved in concrete.
D. Section 3.2.3 - Solar access, orientation, shading
All developments must be designed to accommodate active and/or
passive solar installations and must not deny adjacent properties access
to sunshine. The proposed building is designed and located to minimize
Staff Report – Stead (255 S Taft Hill Rd), FDP150029
Administrative Hearing 11-02-2015
Page 9
the casting of shadows on adjacent properties and could accommodate
future active and/or passive solar installations.
E. Section 3.5.2(E)(1) – Residential Building Setbacks, Lot Width, and Size –
Setback from Arterial Streets
The proposed plan shows the house set back more than the 30 foot
minimum from Taft Hill Road.
F. Section 3.5.2(E)(3) - Residential Building Setbacks, Lot Width, and Size –
Side and Rear Yard Setbacks
The minimum side yard and rear yard setbacks are 5 feet and 8 feet from
the property line, respectively. The proposed site plan shows the home
will be more than 5 feet away from the side yard property line and more
than 8 feet away from the rear yard property line.
G. Section 3.5.2(E)(4) - Residential Building Setbacks, Lot Width, and Size –
Minimum Lot Width
The lot is 176 feet wide, which exceeds the minimum lot width of 50 feet.
H. Section 3.5.2(E)(4) - Residential Building Setbacks, Lot Width, and Size –
Maximum Size of Detached Accessory Buildings
For lots between 20,000 sq. ft. and 1 acre in size, the maximum size of an
accessory building shall be 1,200 sq. ft. The proposed 24’ x 50’ barn is
1,200 sq. ft., which meets this code requirement.
I. Section 3.6.6 – Emergency Access
An emergency access easement is proposed that runs along the driveway
with a two-point turnaround. The emergency access easement ensures
emergency vehicles can gain proper access and maneuvering to reach all
portions of the proposed building.
Staff Report – Stead (255 S Taft Hill Rd), FDP150029
Administrative Hearing 11-02-2015
Page 10
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 detached dwelling, is permitted in the
LMN zone district and is consistent with the district’s intent to provide low
density housing.
B. Section 4.5(E)(3) – Development Standards - Maximum Residential
Building Height
The proposed building complies with the 2.5-story maximum building
height requirement.
5. Findings of Fact/Conclusion:
In evaluating the request for Stead (255 S Taft Hill Rd) Project Development
Plan/Final Plan, Staff makes the following findings of fact:
A. The Project Development Plan/Final Plan complies with process located in
Division 2.2 – Common Development Review Procedures for
Development Applications of Article 2 – Administration.
B. The Modification of Standard to Section 3.5.2(D)(1) that is proposed with
this Project Development Plan/Final Plan meets the applicable
requirements of Section 2.8.2(H), in that the granting of the Modification
would not be detrimental to the public good and that by reason of
exceptional physical condition, the strict application of the standard sought
to be modified would result in unusual and exceptional practical difficulties.
C. The Modification of Standard to Section 4.5(D)(1)(a) that is proposed with
this Project Development Plan/Final Plan meets the applicable
requirements of Section 2.8.2(H), in that the granting of the Modification
would not be detrimental to the public good and the 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.
D. The Project Development Plan/Final Plan complies with relevant
standards located in Article 3 – General Development Standards.
Staff Report – Stead (255 S Taft Hill Rd), FDP150029
Administrative Hearing 11-02-2015
Page 11
E. The Project Development Plan/Final Plan complies with relevant
standards located in Division 4.5, Low Density Mixed-Use Neighborhood
(LMN) of Article 4 – Districts.
RECOMMENDATION:
Staff recommends approval of Stead (255 S Taft Hill Rd), FDP150029.
ATTACHMENTS:
1. Zoning & Site Vicinity Map
2. Applicant’s Statement of Planning Objectives
3. Applicant’s Modification of Standard Requests
4. Stead (255 S Taft Hill Rd) Planning Document Set (Plat, Site Plan, Elevations &
Tree Mitigation Plan)
5. Statement from the City Forester Regarding Tree Mitigation