HomeMy WebLinkAbout626 S. WHITCOMB FOUR-PLEX - PDP/FDP - FDP140023 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO 3
MEETING DATE Jul 16, 2015
STAFF Ryan Mounce
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: 626 S. Whitcomb Four Plex, FDP140023
APPLICANT: Dick Anderson
Anderson Associates
422 E Oak Street
Fort Collins, CO 80524
OWNERS: Rod & Jamie Rice
2516 Terry Lake Road
Fort Collins, CO 80524
PROJECT DESCRIPTION:
This is a request for a consolidated Project Development Plan/Final Plan to construct
two additional dwelling units to the rear of an existing two-unit building (‘duplex’),
creating a 4-unit, multifamily building (‘four plex’). Each unit features two bedrooms for a
project total of 8 bedrooms, and a total floor area of 4,295 square feet. Site upgrades to
support the multifamily building include five new parking spaces, bicycle parking, a trash
enclosure, and new site landscaping. The project proposal is located at 626 South
Whitcomb Street, a 9,500 square foot (.22 acre) lot in the Neighborhood Conservation,
Buffer (N-C-B) Zone District. Two Modification of Standard requests accompany the
proposal:
1) Modification of Standard to Section 3.2.2(L) to permit a 21-foot two-way drive
aisle for parking access.
2) Modification of Standard to Section 3.8.30(F)(1) to permit a 5-foot multifamily
buffer yard along the property lines abutting single and two-family dwellings.
RECOMMENDATION: Staff recommends approval of the 626 S. Whitcomb Four Plex
consolidated Project Development Plan/Final Plan and the Modification of Standards to
Land Use Code Sections 3.2.2(L) and 3.8.30(F)(1).
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
Page 2
EXECUTIVE SUMMARY:
Staff finds the proposed 626 S. Whitcomb Four Plex consolidated Project Development
Plan/Final Plan complies with the applicable requirements of the City of Fort Collins
Land Use Code (LUC), more specifically:
• The consolidated Project Development Plan/Final Plan complies with process
located in Division 2.2 – Common Development Review Procedures for
Development Applications of Article 2 – Administration.
• The consolidated Project Development Plan/Final Plan complies with relevant
standards of Article 3 – General Development Standards, provided the two
requested Modification of Standards are approved.
• The consolidated Project Development Plan/Final Plan complies with relevant
standards located in Division 4.9, Neighborhood Conservation, Buffer District of
Article 4 – Districts.
COMMENTS:
1. Background
The project site was originally platted as part of the original Fort Collins town site. The
existing two-unit building was constructed in 1949 as an over-under duplex. A large
detached garage also currently exists on-site would be removed as part of this
development proposal.
The surrounding zoning and land uses to each side of the project site are as follows:
Direction Zone District Existing Land Uses
North Neighborhood Conservation, Buffer
District (N-C-B)
Mix of single-family, two-family and multifamily
dwelling units
South Neighborhood Conservation, Buffer
District (N-C-B)
Two single-family homes; mixed-use and
multifamily dwelling units; CSU campus
East Neighborhood Conservation, Buffer
District (N-C-B)
Mix of single-family, two-family and multifamily
dwelling units
West Neighborhood Conservation, Medium
Density District (N-C-M)
Mix of single-family, two-family and multifamily
dwelling units
A zoning and site vicinity map is presented on the following page.
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
Page 3
Map 1: 626 S. Whitcomb Four Plex Zoning & Site Vicinity
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
Page 4
2. Compliance with Article 4 of the Land Use Code – Neighborhood
Conservation, Buffer District (N-C-B) Division 4.9:
The project complies with all applicable Article 4 standards as follows:
A. Section 4.9(B)(2)(a)(3) – Permitted Uses
Multifamily dwellings up to 4 units is a permitted use in the Neighborhood
Conservation, Buffer District, subject to Administrative (Type 1) review
when structural additions or exterior alterations are made to an existing
building.
The existing building, a two-unit building, will be structurally modified by
adding a rear (east) addition to construct two additional dwelling units. The
two new units are attached to the existing structure by means of a
connecting space that will be utilized for storage and indoor bicycle
parking.
B. Section 4.9(D)(1) Density
The total floor area of the proposed building is 4,295 square feet on a
9,500 square foot loot. This meets the minimum lot size requirements in
the N-C-B District that is at least equivalent to the floor area of all
buildings, but not less than 5,000 square feet.
C. Section 4.9(D)(5) – Allowable Floor Area on Rear Half of Lots
The allowable floor area on the rear half of the lot in the N-C-B District
shall not exceed 33-percent of the area of the rear half of the lot. On a
9,500 square foot lot, the maximum floor area that could be constructed
on the rear half of the lot is 1,567 square feet. With the proposed addition,
1,349 square feet of floor area is planned on the rear portion of the lot,
meeting this code standard.
D. Section 4.9(D)(6) – Dimensional Standards
The proposal meets the dimensional standards and setbacks of the N-C-B
District, including a minimum lot width of 50-feet for multifamily dwellings,
a 15-foot front yard setback, a 5-foot rear yard setback, and a minimum 5-
foot side yard setback for buildings less than 18-feet tall at the minimum
side yard setback line.
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
Page 5
Both the existing structure and the rear addition are 1.5-stories tall, which
also complies with the maximum building height of 3-stories in the N-C-B
District.
E. Section 4.9(E)(1) – Building Design
The existing and proposed addition meet the building design standards of
the N-C-B District, including having all exterior walls constructed at right
angles or parallel to side lot lines, having a primary building entrance with
a porch facing the street, and ensuring roof pitch on the new addition
matches the roof pitch of the existing structure.
F. Section 4.9(E)(2)(b) – Eave Height
The maximum exterior eave height along the minimum side yard setback
is 13-feet in the N-C-B District. The proposed addition features an eave
height of 12-feet, 8-inches at the minimum side yard setback, meeting this
code standard.
G. Section 4.9(E)(6) – Access
Parking for the multifamily dwelling units will be located behind (east) of
the building and will be accessed from the adjacent alley as required in the
N-C-B District.
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 – Landscaping and Tree Protection
The proposal meets the tree-stocking, street tree, and landscaping
standards of the Land Use Code as detailed below:
i. Section 3.2.1(D) Tree Planting Standards
New trees and several existing, mature trees meet code
requirements for full tree-stocking around buildings and structures,
parking lot screening, protection of privacy, and to define landscaped
spaces.
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
Page 6
ii. Section 3.2.1(D)(2) Street Trees
An existing street tree is already located in the public right-of-way in
front of the property that meets the Land Use Code’s Street Tree
standards and is proposed to remain.
iii. Section 3.2.1(E) Landscape Standards
Areas of the proposed site not utilized by buildings or hardscape will
be landscaped with a mixture of sodded lawns, groundcover plant
mixtures, ornamental grasses, and perennials.
The plantings meet standards for building foundation plantings and
help screen and establish privacy for residents of this proposal and
for adjacent properties.
Parking lot screening is provided by the addition of seven new trees
along the parking lot perimeter in combination with ornamental
grasses and vines. These combined landscaped screening elements
will mitigate the visual impacts of the parking area and headlights
from vehicles.
iv. Section 3.2.1(F) Tree Protection and Replacement
Several trees will be removed as part of this development proposal.
These trees are either located in an area where the building addition
is proposed, or the trees were determined to be in poor and declining
condition by the City Forester and a professional arborist.
During on-site inspections, it was determined several cottonwoods in
poor health immediately to the north of the site on a neighbor’s
property should also be removed. These trees are also shown on the
proposal’s Tree Protection and Mitigation Plan. A copy of the
applicant’s communications with the neighboring property owner
consenting to the tree removal is provided as an attachment to this
staff report.
Due to the types of species and failing condition of the trees
proposed for removal, no mitigation trees are required; however,
additional replacement trees will be planted on the project site to fulfill
separate landscaping and tree planting standards.
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
Page 7
B. Section 3.2.2(C)(4)(b) – Bicycle Parking Space Requirements
Bicycle parking requirements for multifamily projects are 1 space per
bedroom, and 60% of the spaces must be enclosed. This project includes
8 bedrooms (four two bedroom units) and the project complies with the
standards by providing the required 8 bicycle parking spaces. Five of the
spaces will be enclosed and are located in the portion of the structure
connecting the two main building segments.
C. Section 3.2.2(D)(3) – Parking Lots – Required Number of Off-Street
Spaces for Type of Use
The project site is located in the Transit Oriented Development (TOD)
Overlay Zone, which features reduced minimum parking requirements for
multifamily projects. At the time this development application was
submitted, the TOD Overlay Zone required each two-bedroom unit to
provide 1.2 parking spaces, or 5 spaces total for 4 two-bedroom units.
This project proposes five spaces, meeting the previously-required
minimum number of spaces.
D. Section 3.2.2(L) Parking Stall Dimensions
The proposal requests a Modification of Standard to Section 3.2.2(L). The
granting of a Modification of Standard is governed by Land Use Code
Section 2.8.2(H), which states,
“…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
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
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(3) by reason of exceptional physical conditions or other
extraordinary and exceptional situations, unique to such property,
including, but not limited to, physical conditions such as exceptional
narrowness, shallowness or topography, or physical conditions
which hinder the owner's ability to install a solar energy system, the
strict application of the standard sought to be modified would result
in unusual and exceptional practical difficulties, or exceptional or
undue hardship upon the owner of such property, provided that
such difficulties or hardship are not caused by the act or omission
of the applicant; or
(4) the plan as submitted will not diverge from the standards of the
Land Use Code that are authorized by this Division to be modified
except in a nominal, inconsequential way when considered from the
perspective of the entire development plan, and will continue to
advance the purposes of the Land Use Code as contained in
Section 1.2.2.
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).
Description of Standard:
Land Use Code Section 3.2.2(L) details parking stall and drive-aisle
requirements for parking lots. The requirement for a two-way drive
aisle is 24-feet, and it is this standard that is the subject of the
modification request.
Description of Modification Request & Applicant Explanation:
The applicant requests a modification to reduce the two-way drive aisle
width for the parking area from 24-feet to 21-feet, as there is limited lot
width to accommodate the requirements for parking lot setbacks, drive
aisle width, and parking stall length on a 50-foot wide lot that is
common to this area of the City and this zoning district.
Staff Analysis & Findings:
Staff finds the request for the modification to Section 3.2.2(L) is
justified by the applicable standards of 2.8.2(H), and that the granting
of the modification would not be detrimental to the public good.
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
Page 9
Criteria 2.8.2(H)(4)
The plan as submitted will not diverge from the standards of the Land
Use Code except in a nominal, inconsequential way when considered
from the perspective of the entire development plan.
The reduction in drive-aisle width by 3-feet is nominal when
considering the expected movements and level of vehicle traffic that
will utilize the small 5-space parking lot. There will only infrequently be
overlap where vehicles will be entering and existing the parking lot
given the low number of spaces and the relatively infrequent trips
generated by the dwelling units, as compared to a commercial or retail
operation with high turnover and a larger parking area. When
simultaneous vehicle use of the parking area does occur, it is aided by
a large turn-around for vehicles to utilize as they back out of their
spaces. Further, although reduced in width, 21-feet remains adequate
for two vehicles to safely pass one-another in the drive-aisle.
E. Section 3.4.7 Historic and Cultural Resources
As the existing structure is over 50-years old, the proposal was reviewed
by the City’s Historic Preservation department, which found the submitted
architectural elevations would not have an adverse impact to any historic
resources. Further, the building design complies with standards of this
section by preserving the existing structure and utilizing similar colors,
materials, style and roof form on the proposed building addition.
F. Section 3.5.1 Building and Project Compatibility
The project and building addition comply with requirements of this Land
Use Code section as the building is similar in size, scale, height and mass
to other nearby buildings. The building addition has been designed to
match the style, colors, and materials of the existing structure and is
consistent with other materials and architectural styles found within the
neighborhood.
G. Section 3.5.2(D) Relationship of Dwellings to Streets and Parking
This proposal meets this section by having one of the primary building
entrances on the front façade facing the street.
H. Section 3.8.30(F)(1) Orientation and Buffer Yards
The proposal requests a Modification of Standard to Section 3.8.30(F)(1).
The granting of a Modification of Standard is governed by Land Use Code
Section 2.8.2(H) as discussed above in the first modification request.
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
Page 10
Description of Standard:
This Land Use Code section requires multifamily developments to
provide a 25-foot wide buffer yard along lot lines abutting single and
two-family dwellings.
Description of Modification Request & Applicant Explanation:
The applicant requests a multifamily buffer yard of 5-feet, and that the
building design, site arrangement, and landscaping provides a similar
buffering effect and provides an equal level of impact mitigation and
privacy protection.
Staff Analysis & Findings:
Staff finds the request for the modification to Section 3.8.30(F)(1) is
justified by the applicable standards of 2.8.2(H), and that the granting
of the modification would not be detrimental to the public good.
Criteria 2.8.2(H)(1)
The design of the development plan will provide an equal level of
buffering to abutting lots as would otherwise be provided by
incorporating only a 25-foot open landscape area. Elements of the
development plan have been purposefully designed to provide
screening and to protect the privacy of neighbors though enhanced
landscaping, screen walls, and building design. The density and
intensity of the proposal is also not dissimilar to other nearby uses in
the area that would require this size of passive buffer yard space.
Landscaping & Screening: The proposed landscaping will feature an
enhanced level of landscaping elements, including new trees and
shrubs, ornamental grasses, and privacy trellises with climbing vines to
provide a softer, green edge at the property lines. These landscaping
privacy screens have been deliberately placed near entrances and
windows on both sides of the building to block the visual and noise
impacts of residents of the proposal.
A three-sided enclosed patio area is also provided between the two
main portions of the building for the privacy of neighbors and residents
of this proposal.
Building Design: Along the north lot line, where the proposal is closest
to a neighboring residence, the building has been designed with
privacy in mind by reducing the number and size of windows. Windows
are also planned to utilize frosted glass.
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
Page 11
The building also has a reduced impact as it is only 1.5-stories tall and
should not result in looming concerns. The building size and height
remains similar in scale to other nearby properties and even could be
enlarged in size and height as a single or two-family dwelling without
requirements for a buffer yard.
Intensity: The abutting properties feature single-family homes;
however, the abutting southern property features multiple, detached
homes on the same lot. Other nearby properties also feature multiple
single-family dwellings on lots, duplexes, or small multifamily buildings.
The intensity and impacts of a well-designed 4-unit building in terms of
noise, traffic, and general activity is not dissimilar to other uses found
on the same block where side yard setbacks or buffer yards are similar
to the 5-feet proposed buffer yard with this development application.
Combined, these site and building elements will protect the privacy and
level of activity for neighboring property owners to an equal degree
than may otherwise have been provided by a larger, but open buffer
yard.
Criteria 2.8.2(H)(3)
The development site also suffers an extraordinary and exceptional
circumstance that results in practical difficulties as a result of applying
recent Land Use Code changes applying standards for larger
multifamily projects to a smaller multifamily project in the N-C-B District
where the prevailing lot width is much smaller.
Multifamily buildings are a permitted use in the N-C-B District and
common to this neighborhood of the City, but a majority of the lot
widths in the N-C-B district are 50-feet. A multifamily project on a
standard 50-foot lot would be required to dedicate the entire lot to a
buffer yard where it abuts single-family or two-family dwellings (25 feet
from either side lot line). Although a permitted use, multifamily uses in
the N-C-B District are in effect forced to apply and receive a
Modification of Standard to the multifamily buffer standard.
The multifamily buffer yard is one of a number of multifamily project
standards that were originally applied only to projects in the Medium
Density, Mixed-Use Neighborhood (M-M-N) District, where larger,
more intense multifamily projects are intended. Following a series of
large multifamily projects in commercial zone districts in the City, the
M-M-N standards were moved into a supplementary section of Article 3
of the Land Use Code and applied to all multifamily projects regardless
of size or number of units.
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
Page 12
An unintended consequence of the movement of these standards to
Article 3 was their interaction with the small multifamily projects found
in zone districts such as the Neighborhood Conservation Buffer and
Neighborhood Conservation Medium Density Zone Districts, where
typical lot widths and prevailing development patterns cannot
accommodate large buffer yards, as they take up the entire lot area.
Upon discovery of this interaction, a Land Use Code change was
processed to exempt the multifamily buffer yard standard for
multifamily projects in the N-C-B and N-C-M Districts beginning July of
2015. Although this standard would no longer apply to this project were
it submitted today, a Modification of Standard is still necessary as it is
being reviewed under the code and standards in effect in 2014 when
the development application was originally submitted.
4. Findings of Fact/Conclusion:
In evaluating the request for the 626 S. Whitcomb Four Plex consolidated Project
Development Plan/Final Plan, staff makes the following findings of fact:
A. Staff finds the request for the Modification of Standard to Section 3.2.2(L)
to decrease the two-way drive aisle width in the parking lot to 21-feet is
justified by the applicable standards of 2.8.2(H), and that the granting of
the modification would not be detrimental to the public good.
The request satisfies Section 2.8.2(H)(4) as the plan as submitted will only
diverge from the standard in a nominal and inconsequential way when
considering the entire development plan. Two vehicles may still safely
pass one another in the drive-aisle even with the reduced width, and the
limited amount of movement in the relatively small parking lot means
vehicles leaving and entering at the same time will be an uncommon
event.
B. Staff finds the request for the Modification of Standard to Section
3.8.30(F)(1) to decrease the multifamily buffer yard to 5-feet is justified by
the applicable standards of 2.8.2(H), and that the granting of the
modification would not be detrimental to the public good.
The request satisfies Section 2.8.2(H)(1) by providing equal means to
protect the privacy of neighbors and mitigating potential imapcts of the
multifamily units. Specifically, consideration of building design and siting,
including reducing the number and size of windows, enhanced site
landscaping and privacy trellises in front of building entrances, and a
similar level of intensity to other nearby uses protects neighbors’ privacy
and reduces the impacts of noise and general activity.
Staff Report – 626 S. Whitcomb Four Plex, FDP140023
Administrative Hearing 07-16-2015
Page 13
The request also satisfies Section 2.8.2(H)(3), in that an extraordinary and
exceptional circumstance has arisen and the strict application of the
standard results in practical difficulties. Multifamily uses are permitted
uses in the N-C-B District, however; applying the multifamily buffer yard
standard to the majority of properties in the N-C-B District that are 50-feet
wide requires utilizing the entire property as a buffer yard. This
circumstance was recently identified as an unintended consequence of
applying multifamily standards from a specific zone district to the entire
City through its inclusion in Article 3 of the Land Use Code. The Land Use
Code was recently revised to exclude this standard’s application to
multifamily projects in the N-C-B District in the future.
C. The 626 S. Whitcomb Four Plex consolidated 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.
D. The 626 S. Whitcomb Four Plex consolidated Project Development
Plan/Final Plan complies with the applicable standards located in Article 3
– General Development Standards, provided the two Modification of
Standard requests are approved.
E. The 626 S. Whitcomb Four Plex consolidated Project Development
Plan/Final Plan complies with the applicable standards in Division 4.9,
Neighborhood Conservation, Buffer District of Article 4 – Districts.
RECOMMENDATION:
Staff recommends approval of the Modification of Standards to Sections 3.2.2(L) and
3.8.30(F)(1) and the 626 S. Whitcomb Four Plex consolidated Project Development
Plan/Final Plan, FDP140023.
ATTACHMENTS:
1. Applicant’s Statement of Planning Objectives
2. Project Planning Drawing Set (Site Plan, Landscaping Plan, Elevations)
3. Project Utility Drawing Set
4. Tree Removal Communication from Neighboring Property Owner
5. Modification of Standard Request