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Home My WebLink About728 CHERRY STREET - STAND ALONE MODIFICATION - MOD210002 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTJune 30, 2021 Pete Wray, AICP Senior City Planner City of Fort Collins Planning Department 281 N. College Avenue Fort Collins, CO 80524 728 Cherry st - Stand Alone Modification Overview We are seeking a minor alteration to subdivide our existing corner lot from one 9,571 SF parcel into two separate parcels: LOT A - 5,651 SF & LOT B - 3,920 SF. The purpose of the proposed minor alteration is to create a conforming lot area consistent with the conditions of the NCM zoning ordinance, and create an opportunity for a detached single family use-type. The application does not include a final plat of a subdivision or a project development plan due to the uncertainty from the decision makers’ acceptance of the proposal. It is not the intent of the applicant to omit material facts of the case; rather given the initial subjective comments during conceptual review, the applicant petitions the decision maker to review a stand alone modification, first, and before a Basic Development Review of a final plat and legal description. Related Code Provisions ●Modification Review Procedures outlined by LUC section 2.8.2 (H) Step 8. ●The proposal seeks a Minor Subdivision Review (LUC 2.18.2) and lot area variance to the NCM zoning ordinance and the Fort Collins Land Use Code (LUC) Section 4.8(D)(1). ●LUC 4.8 (D)(1) states the required lot area minimum shall not be less than five thousand (5,000) square feet for a single-family dwelling. Attachments ●Land Use Table ●Character area 3 statistics from the adopted old town design guidelines ●GIS location map showing parcel modifications proposed Justification for our Request: Development of the existing parcel is currently unattainable given the nonconforming lot area and orientation to the standards of the NCM Zoning Ordiance. In previous applications to develop the parcel, a conceptual review application was submitted for a carriage house in 2017 and a Service Area Request (Gerry Horak SAR Nov 8, 2017) related to future City policies that address housing choice. The application for a carriage house was discouraged, and the Planning Director cited the adoption of the Old Town Neighborhood Plan as City policy and potential future changes to the Land Use Code to remove barriers for such proposals. The current proposal for a minor subdivision/replat would provide a conforming lot area for future planned development proposals consistent with the needs of our extended family while advancing the purposes of the Code contained in Section 1.2.2. Applicant’s Existing Hardships: ●The parcel’s hardships as it relates to NCM zoning are not self-created given the historical legal description at the time we purchased the property. ●The property’s legal description includes the two historical plat lines positioned perpendicular the 1920s house contay the neighborhoods conforming lot areas with addresses along Grant street: the existing properties legal description includes 728 Cherry Street - LOTS 25 AND 26, BLK 284,WEST SIDE, FTC. ●The lot area’s unique circumstance relative to the Land Use Code is further evidenced by two separate curb cuts along Cherry street which are non conforming features present at the time the property was purchased. Given these hardships, we are presented with a unique challenge to propose a development scenario that meets the intent of City Plan Policy LIV 5.3 - LAND FOR RESIDENTIAL DEVELOPMENT Use density requirements to maximize the use of land for residential development to positively influence housing supply and expand housing choice. These policies are also outlined by the Old Town Neighborhood Plan and the Fort Collins Strategic Housing Plan which highlights a number of strategies to remove City barriers and create more opportunities for a range of housing choices. Conformity with Existing City Policy and Plans: The application confirms with the spirit of the City Plan and Strategic Housing Plan vision to allow strategies that support affordable,healthy, stable housing for all by increasing housing choice across the entire housing spectrum. Specifically within the old town neighborhood plan, the topic of “density”is expressed as an area of interest by neighborhood residents. Preservation and Enhancement outlined by the Old Town Neighborhood plan (OTNP) refers to the need to preserve the existing mix of architectural styles, street layout, and quality of life within the neighborhoods, not lot area sizes. Additionally, although the OTNP guidance LUT 1.1 includes “support and maintenance conservation zoning”, the proposed rezoning areas (p. 69 & p. 70) does not include areas within or adjacent to the proposed subdivision site. The applicant's proposed LOT B subdivision is located in the zoning area where medium density continues to be encouraged. Existing Neighborhood Characteristics: ●The application does not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered in the context of the neighborhood and the policies of the City’s comprehensive policies and plans. ●Several parcels within the NCM zoning ordinance and character 3 of the old town westside neighborhood design guidelines are similar to the two parcels located at the NW corner of Whitcomb and Cherry: parcel numbers 9711218029 and 9711218033 align with our proposal. ●The Character area 3 statistics from the adopted old town design guidelines (pg 103 appendix) demonstrate that the proposed lot while under the minimum lot area required by code is within the character of the adjacent neighborhood. As seen within the existing context of the neighborhood,the Land Use Code’s minimum lot size requirement of 5,000 SF is contrary to the spirit and intent to provide an adequate supply of affordable housing in high economic and social-opportunity locations. Unfortunately within the context of the neighborhood, the existing land use code makes it infeasible to develop anything other than large, single-family or two family homes, surrounded by extensive private yards, across the neighborhood's ageing population. Response to Staff (March 4, 2021) Conceptual Review comments The applicant acknowledges and commits to the inclusion in a final plat adoption and any separate project development plan application the following recommendations from the Engineering department: ●Dedicating any easements and/or rights-of-way that are necessary or required by the City. Prior to final Plat submittal and legal description a completed Transportation Development Review Fee application and associated fees will need to accompany the submittal of the legal descriptions and exhibits. ●If the applicant will be creating a new lot, the City would prefer that access to that newly formed lot take access from the existing alley. The existing 2nd curb cut to Cherry St. does not meet Larimer County Urban Area Street Standards for access spacing. The existing curb cut and ramp would need to be removed as part of this project as well. If the property ends up remaining one lot, the 2nd curb cut and ramp would still need to be removed, as the City does not allow more than one access to a single residential lot. Attachment - Land Use Table The Land Use Table Below is a review of the existing zoning requirements for the NCM Ordinance in relation to the Stand Alone Modification - the application does not include a Project Development Plan, building design or use type proposal: Stand Alone Modification - LOT B Neighborhood Conservation, Medium Density District Required Lot Area 3,920 SF 5,000 SF Minimum Lot Width 56 feet 40 feet Minimum front yard setback n/a 15 feet Minimum Side Yard n/a 15 feet Allowable Total Floor Area n/a shall not exceed fifty (50) percent of the lot area Allowable Floor Area on Rear Half of Lots n/a thirty-three (33) percent Building Height n/a Two Stories Housing Type n/a Single Family & Two Family Dwelling Density/unit n/a 4 Dwelling Units Onsite Vehicle Parking n/a 2 Subdividing of Existing Lots.Yes This regulation shall not apply to corner lots Attachment - Character area 3 statistics from the adopted old town design guidelines (pg 103 appendix) Old Town Design Guidelines - Character Area 3 Application for Stand Alone Modification Character Area Summary Reference Existing housing stock analysis Lot A Lot B Lot Size between 4,000 SF - 4,999 SF 26%-3,920 SF Lot Size between 5,000 SF - 5,999 SF 12%5,651 SF - Lot Width 51'-75'17%-56' x 70' Lot Width 76'-100'1%81 x70'- Building size - 999SF or less 69%-- Building size - 1500-1999 SF 3%1,762 SF - Floor Area Ratio 0.31-0.4 5%0.31 - 56 SF 70 SF5 ft. FIRE Buffer9711219025 Parcel # 9711219025 Minor Alteration Single Family Use Type 728 Cherry Street Minor Alteration Stand Alone Modification RequestLot area variance to the NCM zoning ordinance O Sheet No. Drawn By: Checked by: Date: Stand Alone Modification Cover PageLand Use Cover Table Legal Discription: LOTS 25 AND 26, BLK 284, WEST SIDE, FTC. 728 Cherry St Fort Collins Colorado 80521 NCM Zoning Ordiance Land Use Code Section 4.8(D)(1), states the required lot area minimum shall not be less than five thousand (5,000) square feet for a single-family dwelling. NCM minimum lot width is 40' for a single-family or two-family dwelling. NCM minimum front yard setback is 15' (includes both street-fronting setbacks for corner lot). Minimum rear yard setback is 15' and interior side yard setback is 5'. A 5 ft setback is proposed from property line to the exisiting structure per chap 3 of the IRC. A deticated Utility easments is provided along the N-NE quardrant of the new lot The existing 2nd curb cut to Cherry St. will be maintained to meet Larimer County Urban Area Street Standards for access spacing. Deticated onsite parking access is available from existing ally located at the east extent of the lot AREA LOT A = 5,651 SFAREA LOT B = 3,920 SF 0 0.0015 0.003 0.00450.00075 Miles 0 2 4 6 81MetersALLEYCHERRY ST N GRANT AVEN LOOMIS AVEKirk Longstein, AICP May 20, 2021 Dedicated Utilities Easement and Drainage LOT A LOT B 2nd Curb cut along Cherry Street Ally Access