HomeMy WebLinkAbout2106 SOUTH TAFT HILL ROAD SINGLE FAMILY - PDP - PDP170002 - DECISION - HEARING OFFICER DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: April 13, 2017
PROJECT NAME: 2106 S. Taft Hill Single Family
CASE NUMBER: PDP 170002
APPLICANT: Cara Scohy
CS Design
2519 South Shields Street #129
Fort Collins, CO 80524
OWNER: 2106 South Taft Hill Road, LLC
125 South Howes Street, Suite 120
Fort Collins, CO 80524
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: This is a request for a Project Development Plan (PDP) to subdivide
an approximate 2.35-acre parcel (“Subject Property”) into eight lots for single-family homes and
one tract (Tract A) which is labeled on the preliminary plat as a utility, drainage and access easement
and which will contain the private drive that will provide access to the eight lots.
The Subject Property is located in the SW ¼ of Section 22, Township 7 North, Range 69 West of
the 6
th
P.M., City of Fort Collins, Larimer County, Colorado, and is proposed to be subdivided in
accordance with the preliminary Taft Hill Village plat submitted as part of the record of this
proceeding. The existing house on the Subject Property is proposed to remain and will be located
on Lot 1. Approximately 16% of the Subject Property will be used for stormwater detention and
open space/additional buffering. The Subject Property is located at 2106 South Taft Hill Road,
directly across the street from Blevins Middle School, and is located in the City’s R-L (Low Density
Residential) zone district.
The PDP includes a request for one Modification of Standard to the sixty-foot (60’) lot width
requirement in Land Use Code Section 4.4(D)(2)(a) for lots 6, 7, and 8 along the private access
drive/cul-de-sac, and also includes an Alternative Compliance Request to LUC Section 3.6.2(G),
which requires that lots having a front of rear lot line that abuts an arterial street shall have a
minimum depth of 150 feet. Lot 1, which is proposed to remain on the Subject Property and which
was constructed in 1944, does not meet the requirement set forth in LUC Section 3.6.2(G).
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BACKGROUND: The Subject Property was originally annexed into Fort Collins as part of the
Southwest Annexation in 1970, and has not been platted. As set forth above, the Subject Property
is zoned R-L (Low Density Residential). There are two existing buildings on the Subject Property
– the existing single family home constructed in 1944 and an associated detached garage.
The surrounding zoning and land uses to each side of the Subject Property are as follows:
Direction Zone District Existing Land Uses
North Low Density Residential District (RL) Village West Ninth Subdivision; single family
South Low Density Residential District (RL) Village West Third Subdivision; single family
East Low Density Residential District (RL) Village West Fourth Subdivision; single family
West Low Density Residential District (RL) Blevins Middle School
SUMMARY OF DECISION: Approved, with conditions.
ZONE DISTRICT: Low Density Residential District (R-L)
HEARING: The Hearing Officer opened the hearing on Thursday, April 13, 2017, in Conference
Rooms A-D, 281 North College Avenue, Fort Collins, Colorado, at approximately 5:30 p.m.
EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding:
1. Project Vicinity Map.
2. Planning Department Staff Report prepared for 2106 S. Taft Hill Single Family
(PDP170002). A copy of the Staff Report is attached to this decision as
ATTACHMENT A and is incorporated herein by reference.
3. Applicant’s Statement of Planning Objectives.
4. Applicant’s Request for Modification of Standard.
5. Applicant’s Request for Alternative Compliance.
6. Taft Hill Village PDP (seven total sheets including cover sheet, site plan, and
landscape plan).
7. Taft Hill Village preliminary plat (two sheets).
8. Utility Plans for Taft Hill Village (11 sheets).
9. Affidavit of Publication dated April 4, 2017 evidencing proof of publication of
Notice of Hearing in the Fort Collins Coloradan on April 4, 2017.
10. Notice of Public Hearing dated March 30, 2017.
11. The PowerPoint presentation prepared by City staff for the April 13, 2017 hearing.
12. The PowerPoint presentation prepared by the Applicant for the April 13, 2017
hearing.
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13. The City’s Comprehensive Plan, Code, and the formally promulgated polices of the
City are all considered part of the record considered by the Hearing Officer.
14. The following emails were also accepted as part of the record:
a. Email correspondence between Meaghan Overton and Jeremy Giovando (last
response dated February 7, 2017).
b. Email from Cassandra Bumgarner to Meaghan Overton dated February 14,
2017.
c. Email from Dan Dugal to Meaghan Overton, Cara Scohy, Noah Beals and
Sarah Burnett dated February 23, 2017.
d. Email correspondence between Andrew Boesenecker and Meaghan Overton
(last response dated April 10, 2017).
Emails sent directly to the Hearing Officer regarding this Application, and received
following the date and time that the public hearing was closed, were not reviewed
and therefore not accepted as part of the record of this proceeding.
TESTIMONY: The following persons testified at the hearing:
From the City: Meaghan Overton, City Planner
From the Applicant: Cara Scohy
CS Design
2519 South Shields Street #129
Fort Collins, CO 80524
Steve Whittall
2106 South Taft Hill Road, LLC
125 South Howes Street, Suite 120
Fort Collins, CO 80524
From the Public: Tim Sheehan, 2118 Sheffield Drive
Barb Toomey-Moncrief, 1844 Manchester Drive
Kayte Dunfee, 2130 Sheffield Drive
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that notice of the public
hearing was properly posted, mailed and published.
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.
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B. The Application complies with the applicable General Development Standards
contained in Article 3 of the Land Use Code, including LUC Section 3.6.2(G), which
requires lots having a front or rear lot line that abuts an arterial street to have a
minimum lot depth of one hundred fifty (150) feet. In accordance with LUC Section
3.6.2(G)(1), the Applicant has requested alternative compliance through submittal of
an alternative lot plan. The alternative lot plan pertains to Lot 1 only, which does
not meet the 150’ minimum lot depth requirement. The Hearing Officer finds that
the alternative lot plan for Lot 1 will accomplish the purpose of LUC Section
3.6.2(G) as well as a lot plan which complies with this specific subsection of the
LUC. In making this determination, the Hearing Officer has specifically considered
the enhanced landscaping provided along Taft Hill Road (as shown in the Landscape
Plan), and has also taken into account the fact that, pursuant to testimony at the
hearing by Mr. Whittall and Ms. Scohy, the Applicant has initiated the process to
seek local landmark designation for the existing single family home constructed in
1944 and located on the Subject Property (to be located on Lot 1, Taft Hill Village).
C. The Application complies with standards located in Division 4.4, Low Density
Residential District of Article 4 – Districts, with the approval of the Modification of
Standard to Section 4.4(D)(2)(a), Dimensional Standards for minimum lot width.
The request for the Modification of Standard to Section 4.4(D)(2)(a), Dimensional
Standards for minimum lot width, applies to Lots 6, 7, and 8 and is justified by the
applicable standards in 2.8.2(H). The granting of the Modification would not be
detrimental to the public good and the Hearing Officer specifically concludes that
the request for Modification of Standard satisfies the criteria set forth in LUC Section
2.8.2(H)(4) in that 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, and will continue to advance the
purposes of the Land Use Code as contained in Section 1.2.2. Specifically, the
Hearing Officer finds that approval of the requested Modification of Standard will
further the purpose of the Land Use Code articulated in Section 1.2.2(L) –
encouraging the development of vacant properties within established areas. In
addition, the Hearing Officer finds that the requested deviation from the minimum
lot width standard for Lots 6-8 is nominal and that all required front, side and rear
setbacks will be met by the plan.
3. The Application’s satisfaction of the applicable Article 2, 3 and 4 modification 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.
DECISION
Based on the findings set forth above, the Hearing Officer hereby enters the following ruling:
A. The 2106 S. Taft Hill Single Family Project Development Plan (Case No. PDP170002) is
approved for the Subject Property as submitted, subject to the conditions set forth in (D), (E)
and (F) below.
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B. The Article 3 Alternative Compliance Request (Request for approval of alternative lot plan
submitted in accordance with LUC Section 3.6.2(G)(1)) is approved for Lot 1.
C. The Article 4 Modification of Standard (to Section 4.4(D)(2)(a), Dimensional Standards for
minimum lot width) is hereby approved for Lots 6, 7, and 8.
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 LUC.
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.
F. The successful development and continued long-term viability of Taft Hill Village Project
will require the formation of a homeowners’ or property owners’ association and an
associated declaration of covenants, conditions and restrictions (“CCRs”) to be recorded in
the real property records of Larimer County, Colorado, that will ensure continuing
compliance with ongoing maintenance obligations specific to the Project, including but not
limited to maintenance of the private access drive, snow removal, maintenance of the
detention pond, maintenance of the bioswale feature, and other maintenance obligations
identified with particularity during the review of the Final Plan and related Project-specific
submittals to the City. The Applicant shall cause a homeowners’ or property owners’
association to be created that will bear responsibility for ensuring continuing compliance
with ongoing maintenance obligations of the Project. A copy of the draft CCRs shall be
provided by the Applicant to Staff as part of the initial Final Plan submittal, and the CCRs
shall be reviewed by Planning Staff and the City Attorney’s Office for sufficiency.
Comments or suggested revisions provided by the City to the Applicant on the CCRs shall
be incorporated into same by Applicant. The Applicant and the City shall agree on the final
form and content of the CCRs prior to, or concurrently with, the approval or conditional
approval of the Final Plan.
DATED this 26
th
day of April, 2017.
___________________________________
Marcus A. McAskin
Hearing Officer
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ATTACHMENT A
Staff Report
2106 S. Taft Hill Single Family
(PDP #170002)
ITEM NO 1
MEETING DATE April 13, 2017
STAFF Meaghan Overton
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: 2106 S. Taft Hill Single Family, PDP170002
APPLICANT: Cara Scohy
CS Design
2519 South Shields Street #129
Fort Collins, CO 80524
OWNER: Laura Olive
2106 South Taft Hill Road, LLC
125 South Howes Street, Suite 120
Fort Collins, CO 80524
PROJECT DESCRIPTION:
This is a request for a Project Development Plan to subdivide a 2.35-acre site into 8 lots
for single-family houses. The existing house on the site is proposed to remain and will
be located on Lot 1. Approximately 16% of the site will be used as stormwater detention
and open space. The project proposal is located at 2106 South Taft Hill Road, in the R-
L (Low Density Residential) zone district.
The PDP includes a request for one Modification of Standard to the 60 foot lot width
requirement in Land Use Code Section 4.4(D)(2)(a) for lots 6, 7, and 8 along the cul-de-
sac.
RECOMMENDATION: Approval of the 2106 S. Taft Hill Single Family Project
Development Plan and a Modification of Standard to Section 4.4(D)(2)(a), Dimensional
Standards for minimum lot width.
EXECUTIVE SUMMARY:
Staff finds the proposed 2106 S. Taft Hill Single Family Project Development Plan
complies with the applicable requirements of the City of Fort Collins Land Use Code
(LUC), more specifically:
Staff Report – 2106 S. Taft Hill Single Family, PDP170002
Administrative Hearing 04-13-2017
Page 2
• The Project Development Plan complies with process located in Division 2.2 –
Common Development Review Procedures for Development Applications of
Article 2 – Administration.
• The Modification of Standard to Section 4.4(D)(2)(a), Dimensional Standards for
minimum lot width meets the applicable requirements of Section 2.8.2(H), and
the granting of the Modification would not be detrimental to the public good.
• 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 4.4, Low Density Residential District of Article 4 – Districts, subject to
approval of the Modification of Standard to Section 4.4(D)(2)(a), Dimensional
Standards for minimum lot width.
COMMENTS:
1. Background
The project site was originally annexed into Fort Collins as part of the Southwest
Annexation in 1970, and has not been platted. The project site is zoned RL (Low
Density Residential). There are two existing buildings on the site – a single family house
and an associated detached garage.
The surrounding zoning and land uses to each side of the project site are as follows:
Direction Zone District Existing Land Uses
North Low Density Residential District (RL) Village West Ninth Subdivision; single family
South Low Density Residential District (RL) Village West Third Subdivision; single family
East Low Density Residential District (RL) Village West Fourth Subdivision; single family
West Low Density Residential District (RL) Blevins Middle School
A zoning and site vicinity map is presented on the following page.
Staff Report – 2106 S. Taft Hill Single Family, PDP170002
Administrative Hearing 04-13-2017
Page 3
Map 1: 2106 S. Taft Hill Single Family Zoning & Site Vicinity
Staff Report – 2106 S. Taft Hill Single Family, PDP170002
Administrative Hearing 04-13-2017
Page 4
2. Compliance with Article 4 of the Land Use Code – Low Density Residential
District (RL) Division 4.4:
The project complies with all applicable Article 4 standards as follows:
A. Section 4.4(B)(2)(a) – Permitted Uses
Single-family detached dwellings are a permitted use in the Low Density
Residential District, subject to Administrative (Type 1) review. The project
development plan proposes 8 lots for single-family detached dwellings.
B. Section 4.4(D)(1) – Density
The project development plan proposes 8 lots ranging in size from 6,040
square feet to 15,163 square feet. As proposed, the PDP meets the
minimum lot area requirement of 6,000 square feet per lot.
C. Section 4.4(D)(2) – Dimensional Standards
The project development plan meets the dimensional standards of the
Low Density Residential District for lot width and front, rear, and side yard
setbacks with the exception of the Modification of Standard to Section
4.4(D)(2)(a) requested for the lot width on lots 6, 7, and 8. The proposed
project provides the following setbacks in conformance with the standards:
• 20-feet Front Yard
• 5-feet Interior Side Yard
• 15-feet Corner Side Yard
• 15-feet Rear Yard
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
Staff Report – 2106 S. Taft Hill Single Family, PDP170002
Administrative Hearing 04-13-2017
Page 5
New trees meet code requirements for full tree-stocking around
buildings and structures, for protection of privacy, and to define
landscaped spaces.
ii. Section 3.2.1(D)(2) Street Trees
Five street trees are proposed in the public right-of-way in front of the
property, which meets the Land Use Code’s Street Tree standards
for canopy shade trees. Seven street trees are proposed along the
street-like private drive, which also meets the Land Use Code’s
Street Tree standards.
iii. Section 3.2.1(D)(3) Minimum Species Diversity
There are a total of 32 trees proposed on the site, and the maximum
percentage of any one species is 18.7%. This meets the minimum
species diversity requirements in the Land Use Code.
iv. Section 3.2.1(D)(4) Tree Species and Minimum Sizes
The trees proposed are all included on the list of recommended
trees, and meet the minimum size requirements in the Land Use
Code.
v. 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 irrigated turf, evergreen and
deciduous shrubs, native grasses, ornamental grasses, and
perennials. The detention area will be seeded with a native grass
mix, and trees and shrubs along the edge of the detention area
provide additional open space landscaping.
vi. Section 3.2.1(F) Tree Protection and Replacement
The project development plan proposes to remove 10 existing trees
on the site, for which 17 mitigation trees are required. The landscape
plan proposes 17 mitigation trees in a mixture of ornamental,
deciduous, and evergreen varieties, which meets the standard in
Section 3.2.1(F).
B. Section 3.2.2(K)(1)(c) – Residential Parking Requirements
Vehicle parking requirements for single-family detached homes are a
minimum of 1 parking space on lots with greater than 40 feet of street
Staff Report – 2106 S. Taft Hill Single Family, PDP170002
Administrative Hearing 04-13-2017
Page 6
frontage or 2 parking spaces on lots with 40 feet or less of street frontage.
A note on the site plan indicates that all single-family detached homes
shall meet or exceed the residential parking standards outlined in Section
3.2.2(K).
C. Section 3.2.3 – Solar Access, Orientation, Shading
At least 65% of lots less than 15,000 square feet in single-family
developments must conform to the definition of a “solar-oriented lot” in
order to preserve the potential for solar energy usage. Six of the 8 lots
(75%) in the project development plan meet the definition of a “solar
oriented lot,” which meets the standard in Section 3.2.3.
D. Section 3.2.4 Site Lighting
The project development plan is not proposing any lighting. However, a
note on the site plan indicates that all exterior lighting provided will meet
the requirements for site lighting and design standards as described in
Land Use Code Section 3.2.4. All light fixtures will be concealed and fully
shielded, and installed in a downward-facing position.
E. Section 3.3.1 – Plat Standards
All lots have direct access to a street-like private drive. The layout of
roads, utilities, drainage facilities, and other services are designed in a
way that enhances an interconnected system within and between
developments to the east and south. The plat demonstrates proper
dedication of public rights-of-way, drainage easements and utility
easements that are needed to serve the area being developed.
F. Section 3.4.7 – Historic and Cultural Resources
The site includes an existing house and garage on lot 1, which have been
determined to be potentially individually eligible for local landmark
designation. The existing structures are proposed to remain in their
current condition. To preserve the historic integrity of the structures on lot
1, a note has been added to the plat as follows:
“As required by Land Use Code section 3.4.7(F), the new construction on
Lot 2 shall be similar to the height, setback, and width of existing historic
structures to the maximum extent feasible, and shall be designed to be in
character with same based on visual elements such as window patterns
and use of brick as the dominant building material. In order to receive a
building permit for Lot 2, a review for compliance with 3.4.7 will be
required and must also include a plan of protection for the existing historic
Staff Report – 2106 S. Taft Hill Single Family, PDP170002
Administrative Hearing 04-13-2017
Page 7
structures that specifies how they will be protected from damage during
construction.”
G. Section 3.5.2(F) – Garage Doors
A note on the site plan indicates that all single family detached homes
shall meet or exceed the garage door standards as outlined in 3.5.2(F) of
the Land Use Code. Street facing garage doors must be recessed by at
least 4 feet and may not comprise more than 50% of the ground floor
street-facing linear building frontage. Side-loaded or rear-loaded garage
doors must provide architectural detail (windows or similar) on the side of
the garage facing the street.
H. Section 3.6.2 – Streets, Streetscapes, Alleys and Easements
The proposal meets the street, streetscape, alley and easement standards
of the Land Use Code as detailed below:
i. Section 3.6.2(D) – Cul-de-sacs
Cul-de-sacs are permitted only if they are not more than 660 feet in
length and have a turnaround with a diameter of at least 100 feet. The
proposed project meets the standard for length, as the street-like
private drive is 298 feet in length. The cul-de-sac does not meet the
100 foot minimum diameter. However, Poudre Fire Authority (PFA) has
worked with the applicant to design a hammerhead turn-around that
meets PFA’s requirements for emergency access.
ii. Section 3.6.2(G)(1) – Alternative Compliance
Section 3.6.2 states that lots having a front or rear lot line that abuts an
arterial street shall have a minimum depth of one hundred fifty (150)
feet. The applicant has submitted a request for alternative compliance
for lot 1, which does not meet the 150 foot lot depth requirement. This
request is included as an attachment to this report.
Because the existing structures on lot 1 are proposed to remain and
are an existing condition, the applicant is requesting alternative
compliance under the justification that the proposed lot plan
accomplishes the purpose of this subsection as well as, or better than,
a lot plan which complies with the standard of this subsection. The
applicant has provided additional landscaping along the east edge of
lot 1 to buffer it from the noise, light, and other potential negative
impacts of the arterial street. Procedures and review criteria for
alternative compliance are copied in italics below:
Staff Report – 2106 S. Taft Hill Single Family, PDP170002
Administrative Hearing 04-13-2017
Page 8
(1) Alternative Compliance . Upon request by the applicant, the
decision maker may approve an alternative lot plan that does not
meet the standard of this subsection if the alternative lot plan
includes additional buffering or screening that will, in the judgment of
the decision maker, protect such lots from the noise, light and other
potential negative impacts of the arterial street as well as, or better
than, a plan which complies with the standard of this subsection.
(2) Procedure. Alternative lot plans shall be prepared and submitted
in accordance with the submittal requirements for streets,
streetscapes, alleys and easements as set forth in this Section and
landscape plans as set forth in Section 3.2.1. The alternative lot plan
shall clearly identify and discuss the modifications and alternatives
proposed and the ways in which the plan will equally well or better
accomplish the purpose of this subsection than would a plan which
complies with the standards of this subsection.
(3) Review Criteria. To approve an alternative lot plan, the decision
maker must first find that the proposed alternative plan accomplishes
the purpose of this subsection as well as, or better than, a lot plan
which complies with the standard of this subsection. In reviewing the
proposed alternative plan, the decision maker shall take into account
whether the lot plan provides screening and protection of the lots
adjacent to the arterial street from noise, light and other negative
impacts of the arterial street equally well or better than a plan which
complies with the standard of this subsection.
iii. 3.6.2(N) Private Drives and Street-Like Private Drives
The project development plan proposes a street-like private drive,
which is permitted under Section 3.6.2(N)(1)(c) when it provides
primary access to facing buildings in a cohesive development plan.
The street-like private drive proposed is designed to be similar to a
public street and includes travel lanes, on-street parking on one side,
street trees, and a detached sidewalk on the north side of the street.
The street-like private drive meets emergency access requirements as
determined by the Poudre Fire Authority.
Staff Report – 2106 S. Taft Hill Single Family, PDP170002
Administrative Hearing 04-13-2017
Page 9
MODIFICATIONS OF STANDARD:
Land Use Code Modification Criteria:
“The decision maker may grant a modification of standards only if it finds that the
granting of the modification would not be detrimental to the public good, and that:
(1) the plan as submitted will promote the general purpose of the standard for
which the modification is requested equally well or better than would a plan which
complies with the standard for which a modification is requested; or
(2) the granting of a modification from the strict application of any standard
would, without impairing the intent and purpose of this Land Use Code,
substantially alleviate an existing, defined and described problem of city-wide
concern or would result in a substantial benefit to the city by reason of the fact
that the proposed project would substantially address an important community
need specifically and expressly defined and described in the city's
Comprehensive Plan or in an adopted policy, ordinance or resolution of the City
Council, and the strict application of such a standard would render the project
practically infeasible; or
(3) by reason of exceptional physical conditions or other extraordinary and
exceptional situations, unique to such property, including, but not limited to,
physical conditions such as exceptional narrowness, shallowness or topography,
or physical conditions which hinder the owner's ability to install a solar energy
system, the strict application of the standard sought to be modified would result
in unusual and exceptional practical difficulties, or exceptional or undue hardship
upon the owner of such property, provided that such difficulties or hardship are
not caused by the act or omission of the applicant; or
(4) the plan as submitted will not diverge from the standards of the Land Use
Code that are authorized by this Division to be modified except in a nominal,
inconsequential way when considered from the perspective of the entire
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).
Staff Report – 2106 S. Taft Hill Single Family, PDP170002
Administrative Hearing 04-13-2017
Page 10
4. Modification of Standard Request to Section 4.4.2(D)(2) Dimensional
Standards
A. The standard:
Section 4.4.2(D)(2) Dimensional Standards
(a) Minimum lot width shall be sixty (60) feet for a single-family dwelling or
child-care center and one hundred (100) feet for all other uses.
B. Description of the Modification:
The applicant has submitted a request for approval of a Modification of Standard
to Section 4.4.2(D)(2)(a), Dimensional Standards for minimum lot width,
requesting that the project provide lot widths of 40-41 feet on lots 6, 7, and 8
rather than 60 feet.
C. Applicant’s Justification:
The standard per Section 4.4.D(2) states that the Minimum lot width shall be 60
feet for a single family dwelling or child care center and 100 feet for all other
uses. The proposed site plan provides the required lot widths for lots 1 through 5.
The modification request is for lots 6, 7 and 8 as they are located at the end of
the proposed cul-de-sac and measure between 40' and 41' at the 20' setback
line.
The applicant contends that allowing narrower lot widths for 3 lots will not diverge
from the standards of the Land Use Code except in a nominal, inconsequential
way for the following reasons:
1. The depth and square footage of lots 6, 7 and 8 will accomodate adquate
building pads and are well over the minimum lot sizes of 6,000 square feet.
2. The minimum front, side and rear yard setbacks are being met.
3. When looked at in the larger context of the adjacent developments, the
narrow front yards with larger rear yards at the end of the cul-de-sac is similar
to that of the existing Village West subdivision directly to the east and south.
Specific examples of similarities can be found on Windsor Court within the
Village West subdivition where 3 of the front yard widths measure between
(approximately) 47 feet and 49 feet when measured at the 20' setback line.
With the exception of the lot widths in the front yards on lots 6, 7 and 8, the
proposed site meets the standards set forth in Section 4.4 of the Land Use Code
Staff Report – 2106 S. Taft Hill Single Family, PDP170002
Administrative Hearing 04-13-2017
Page 11
and the applicant does believes that granting this request will not be detrimental
to the public good and will continue to advance the purposes of the Land Use
Code.
D. Staff Finding for the Modification:
Staff finds that the request for the Modification of Standard to Section
4.4.2(D)(2)(a), Dimensional Standards for minimum lot width, is justified by the
applicable standards in 2.8.2(H). The granting of the Modifications would not be
detrimental to the public good and:
The request satisfies Criteria 2.8.2(H)(4):
The plan as submitted will not diverge from the standards of the Land Use Code
that are authorized by this Division to modified except in a nominal,
inconsequential way when considered from the perspective of the entire
development plan, and will continue to advance the purposes of the Land Use
Code as contained in Section 1.2.2.
This is because the decrease in lot width from the 60-foot requirement for lots 6,
7, and 8 is nominal. The square footage of the three lots (6, 7, and 8) covered by
the Modification exceeds the minimum 6,000 square foot lot size required in the
Low Density Residential (RL) District, and the required front, side, and rear
setbacks are being met. The overall development plan and the lot sizes proposed
continue to advance the purposes of the Land Use Code as contained in Section
1.1.2(L) – encouraging the development of vacant properties within established
areas, and 1.1.2(M) – ensuring that development proposals are sensitive to the
character of existing neighborhoods.
5. Findings of Fact/Conclusion:
In evaluating the request for the 2106 S. Taft Hill Single Family Project
Development Plan, staff makes the following findings of fact:
A. The Modification of Standard to Section 4.4(D)(2)(a), Dimensional
Standards for minimum lot width, is justified by the applicable standards in
2.8.2(H). The granting of the Modification would not be detrimental to the
public good, and:
The request satisfies Criteria 2.8.2(H)(4):
The plan as submitted will not diverge from the standards of the Land Use
Code that are authorized by this Division to 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.
Staff Report – 2106 S. Taft Hill Single Family, PDP170002
Administrative Hearing 04-13-2017
Page 12
This is because the decrease in lot width from the 60-foot requirement for
lots 6, 7, and 8 is nominal. The square footage of the three lots (6, 7, and
8) covered by the Modification exceeds the minimum 6,000 square foot lot
size required in the Low Density Residential (RL) District, and the required
front, side, and rear setbacks are being met. The overall development plan
and the lot sizes proposed continue to advance the purposes of the Land
Use Code as contained in Section 1.1.2(L) – encouraging the
development of vacant properties within established areas, and 1.1.2(M) –
ensuring that development proposals are sensitive to the character of
existing neighborhoods.
B. The 2106 S. Taft Hill Single Family Project Development Plan complies
with the process located in Division 2.2 – Common Development Review
Procedures for Development Applications of Article 2 – Administration.
C. The 2106 S. Taft Hill Single Family Project Development Plan complies
with the applicable standards located in Article 3 – General Development
Standards.
D. The 2106 S. Taft Hill Single Family Project Development Plan complies
with the applicable standards in Division 4.28, Industrial District of Article 4
– Districts, subject to approval of the Modification of Standard to Section
4.4(D)(2)(a), Dimensional Standards for minimum lot width.
RECOMMENDATION:
Staff recommends approval of the 2106 S. Taft Hill Single Family Project Development
Plan, PDP170002 and the Modification of Standard to Section 4.4(D)(2)(a), Dimensional
Standards for minimum lot width.
ATTACHMENTS:
1. Applicant’s Statement of Planning Objectives
2. Applicant’s Request for Modification of Standard
3. Applicant’s Request for Alternative Compliance
4. Site Plan
5. Landscape Plan
6. Plat
7. Utility Plans