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HomeMy WebLinkAboutCHERRY STREET COTTAGES - PDP - PDP160041 - DECISION - HEARING OFFICER DECISIONi CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: July 11, 2018 (continued from June 27, 2018) PROJECT NAME: Cherry Street Cottages PDP CASE NUMBER: PDP#160041 APPLICANT: Paul C. Sorensen Sorensen Engineering & Construction 1901 Bear Ct. Fort Collins, CO 80525 OWNER: Evan Gilmartin 2519 S. Shields St. Fort Collins, CO 80526 HEARING OFFICER: Marcus A. McAskin PROJECT DESCRIPTION: The Cherry Street Cottages Project Development Plan (PDP) proposes a residential subdivision at the northeast corner of Cherry Street and Lyons Street. The property is located in the NE'/a of Section 10, Township 7 North, Range 69 West of the Wh P.M. and consists of 0.937 acres, more or less (the "Subject Property"). The Subject Property is zoned Low Density Mixed -Use Neighborhood (L-M-N). A total of six lots are proposed, with single-family detached dwellings proposed to be located on each lot. The front of the proposed single-family detached residences face Cherry Street. A rear alley is proposed along the northern boundary of the Subject Property, providing access to the detached garages proposed on each lot.. One additional dwelling unit is proposed above the garages on each of Lots 1 through 3. Specifically, the PDP references the following on each of Lots 1 through 3: "PROPOSED GROUNDFLOOR GARAGE & SECOND STORY DWELLING UNIT". A total of 9 dwellings are proposed. Single. -family detached dwellings are a permitted use in the L-M-N zone district subject to a Type 1 administrative review and approval. BACKGROUND: The surrounding zoning and land uses are as follows: Direction Zone District Existing ]Land Uses North Low Density Mixed -Use Neighborhood (L-M-N) Residential South N/A Putnam Elementary School East Neighborhood Conservation Low Density (N-C-L) Residential West Low Density Residential (R-L) Residential SUMMARY OF DECISION: Approved, on condition that any and all'references to second story dwelling units on Lots 1 — 3, Cherry Street Cottages are removed from PDP. ZONE DISTRICT: Low Density Mixed -Use Neighborhood District (L-M-N) HEARING: The Hearing Officer re -opened the hearing on Wednesday, July 11, 2018, in Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado, at approximately 5:32 p.m. The Hearing Officer noted for the record that the hearing had been opened on June 27, 2018 and approximately 50 minutes of public comment and testimony had been received by Cameron Gloss, Comprehensive Planning Manager for the City of Fort Collins. 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 Cherry Street Cottages (PDP # 160041). A copy of the Staff Report is attached to this decision as ATTACHMENT A and is incorporated herein by reference. 3. Cherry Street Cottages Site and Landscape Plan. 4. Cherry Street Cottages Revised Sheet LP101 (labeled Exhibit A — Approval Conditions). 5. Cherry Street Cottages Plat. 6. Cherry Street Cottages Utility Plans. 7. Cherry Street Cottages Preliminary Drainage and Erosion Control Report revised April 20, 2018. 8. PowerPoint presentation prepared by City Staff for the June 27, 2018 public hearing. 2 9. PowerPoint presentation prepared by City Staff for the July 11, 2018 continued public hearing. 10. PowerPoint presentation prepared by the Applicant for the July 11, 2018 continued public hearing. 11. Notice of Public Hearing dated June 13, 2018. 12. Affidavit of Publication dated July 2, 2018 confirming publication of notice of hearing in the July 2, 2018 edition of the Fort Collins Coloradoan. 13. Cherry Creek Cottages PDP 160041 Staff Recommended Conditions of Approval (three pages) — ATTACHED AS ATTACHMENT B. 14. Carriage House Development Standards (two pages). 15. 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. TESTIMONY: The following persons testified at the hearing on both June 27 and July 11 except where specifically noted below: From the City; Jason Holland, City Planner From the Applicant: Paul C. Sorensen Sorensen Engineering & Construction 1901 Bear Ct. Fort Collins, CO 80525 From the Owner: Evan Gilmartin 2519 S. Shields St. Fort Collins, CO 80526 From the Public: John Mizia, 418 Lyons, Fort Collins 80521 Mike Sterker, 685 Hanna, Fort Collins 80521 Tracey Callaghan, 421 Lyons, Fort Collins 80521 (June 27 only) Rodney Ley, 685 Hanna, Fort Collins 80521 (June 27 only) Kyle Greer, 405 Clover Ln, Fort Collins 80521 (June 27 only) Shannon Lavey, 417 Franklin Street, Fort Collins 80521 (June 27 only) 3 FINDINGS I. Evidence presented to the Hearing Officer established the fact that notice of the public hearing was properly posted, mailed and published. 2. Dwelling unit is defined in Section 5.1.2 of the Code as follows: "... shall mean one (1) or more rooms and a single kitchen and at least one (1) bathroom; designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi -family dwelling or mixed -use building." 3. Dwelling is defined in Section 5.1.2 of the Code as follows: "... shall mean a building used exclusively for residential occupancy and for permitted accessory uses, including single family dwellings, two-family dwellings, multi -family dwellings, and short term primary and non -primary rentals. The term dwelling shall not include hotels, motels, homeless shelters, seasonal overflow shelters, tents or other structures designed or used primarily for temporary occupancy with the exception of short term primary and non -primary rentals. Any dwelling shall be deemed to be a principle building." (emphasis added) 4. The City's Neighborhood Conservation zone districts permit more than one principal building on a lot, subject to administrative review. Specifically, each of the N-C-L (Neighborhood Conservation, Low Density District), N-C-M (Neighborhood Conservation, Medium Density District) and N-C-B (Neighborhood Conservation, Buffer District) permit "Single-family detached dwellings when there is more than one (1) principal building on the lot and/or when the lot has only alley frontage.'See LUC Sec. 4.7(B)(2)(a)(1), Sec. 4.8(0)(2)(a)(1), and Sec,. 4.9(B)(2)(a)(1). 5. The L-M-N zone district does not clearly permit more than one principal building on a lot. 6. The City's Neighborhood Conservation zone districts expressly permit "accessory buildings containing habitable space" subject to basic development review procedures, provided that such use is located on a lot that is part of an approved site -specific development plan. See LUC Sec. 4.7(B)(1)(b)2., Sec. 4.8(B)(1)(d)2., and Sec. 4.9(B)(1)(d)2. 7. The L-M-N zone district does not expressly permit accessory buildings containing habitable space. 4 8. The L-M-N zone district does permit the following, subject to basic development review, provided that such uses are located on lots that are part of an approved site -specific development plan: a. Accessory buil&ngsl; and b. Accessory usesZ. 9: The City's Neighborhood Conservation zone districts contain detailed land use standards, dimensional standards, development standards and additional review criteria applicable to carriage houses and accessory buildings with habitable space. See, generally LUC Divisions 4.7, 4.8 and 4.9. 10. The L-M-N zone district does not contain any similar land use standards, dimensional standards, development standards or additional review criteria applicable to carriage houses and/or accessory buildings with habitable space. 11. The L-M-N zone district does not clearly allow carriage houses or accessory buildings with habitable space as permitted uses. 12. Sec. 4.5(C) of the LUC ("Prohibited Uses") states as follows ... all uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited." 13. Sec. 1:3.4 of the LUC permits the addition of permitted uses under certain circumstances but does not permit the Hearing Officer to make this determination in this case. Sec. 1.3.4(G) of the LUC requires that City Council make all final determinations regarding any addition of permitted use with respect to property located in the Low Density Mixed - Use Neighborhood District (L-M-N). The Subject Property is located in the L-M-N zone district. Accordingly, Sec. 1.3.4(C)(3) of the LUC requires a Planning and Zoning Board recommendation on the addition of permitted use and states that "[t]he Planning and Zoning Board shall remain the decision maker on the primary application." ' Accessory building shall mean a building detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal building or use, and ordinarily located on the same lot with such principal building. LUC Sec. 5.1.2. 2 Accessory use shall mean a use of land or of a building or portion thereof customarily used with, and clearly incidental and subordinate to, the principal use of the land or building and ordinarily located on the same lot with such principal use. LUC Sec. 5.1.2. 14. No application seeking an addition of permitted use was filed in this case. 15. Division 4.5 of the LUC does not expressly permit carriage houses or accessory buildings with habitable space. 16. The Hearing Officer finds that paragraphs 1 — 13 of the Staff Recommended Conditions of Approval attached as ATTACHMENT B may not be utilized in lieu of adhering to the Addition of Permitted Uses process set forth in Sec. 1.3.4 of the LUC. 17. Conditioned upon the removal of any and all references to the second story dwelling units on Lots 1 -3, Cherry Street Cottages, and subject to the additional conditions of approval set forth below, the Hearing Officer concludes that the Application satisfies all applicable requirements of Article 2, 3 and 4 of the Land Use Code. The Application's compliance with applicable Article 2, 3 and 4 requirements is sufficiently detailed in the Staff Report, a copy of which is attached as ATTACHMENT A and is incorporated herein by reference. 18. If the Applicant desires to retain the SECOND STORY DWELLING UNIT(s) on Lots 1 -3, Cherry Street Cottages, the Applicant retains the ability to prepare and file an application for the addition of a permitted use in accordance with the applicable procedures set forth in Sec. 1.3.4 of the LUC. DECISION Following consideration of the record in this case and the findings set forth above, the Hearing Officer hereby enters the following ruling: A. The Cherry Street Cottages (PDP # 160041) is approved, on the condition that any and all references to second story dwelling units on Lots 1 -3, Cherry Street Cottages are removed from the PDP and subject to the additional conditions of approval: l . Buildings submitted at the time of building permit review shall be reviewed by City staff for compliance with LUC Sec. 3.5.1(F), which states that color shades shall be used to facilitate blending into the neighborhood and unifying the development, The color shades of building materials shall draw from the range of color shades that already exist on the block or in the adjacent neighborhood. 2. The landscape plan shall be adjusted to provide 36 evergreen trees along the north boundary of the project, with six (6) evergreen trees per lot to include at least two (2) species, as depicted on Revised Sheet LP 101 labeled "Exhibit A _ Approval Conditions". 3. The PDP shall be amended to include a new wood privacy fence six feet (6') in height along the north and northeast portion of the 59 Subject Property as generally depicted on Revised Sheet LP101 labeled "Exhibit A — Approval Conditions". The privacy fence shall be constructed of natural cedar or redwood. 4. All landscaping and fencing shown on the landscape plan shall be installed prior to the issuance of any certificate of occupancy on any lot. All landscaping, fencing, site walls, stairs and railings shown shall be maintained by a Homeowners Association. The Applicant shall incorporate a Homeowners Association that will bear responsibility for the maintenance obligations set forth in paragraph A.4. above and shall prepare a declaration of covenants, conditions and restrictions ("CCRs") to be recorded in the real property records of Larimer County, Colorado. 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. B. Conditioned on the removal of the second story dwelling units/carriage houses/ accessory buildings with habitable space on Lots 1-3 and adherence to the additional con i ons se—Forthse-Frofth above, the Hear mg Officer approves the PDP based on the following findings: 1. the Application (as conditionally approved) complies with the applicable procedural and administrative requirements of Article 2 of the Land Use Code; 2. the Application (as conditionally approved) complies with the applicable General Development Standards contained in Article 3 of the Land Use Code; and 3. the Application (as conditionally approved) complies with the applicable Low Density Mixed -Use Neighborhood (L-M-N) Zone District standards contained in Article 4, Division 4.5 of the Land Use Code. C. The Hearing Officer concludes that there is insufficient authority in the Code to permit two dwelling units on each of Lots 1 — 3, as requested in the PDP Application. D. The Hearing Officer further concludes that the Hearing Officer lacks jurisdiction to consider the addition of carriage homes/accessory buildings with habitable space as an additional permitted use in the L-M-N zone district even if the criteria set forth in Sec. 1.3.4(C)(1)(a) — (h) of the LUC were satisfied. Sec. 1.3.4(G) of the LUC reserves that determination to City Council. DATED this 19th day of July, 2018. Marcus A. McAskin Hearing Officer ATTACHMENT A Staff Report Cherry Street Cottages Project Development Plan PDP # 160041 (6 pages — attached) PROJECT NAME CHERRY STREET COTTAGES — PDP160041 STAFF Jason Holland, City Planner PROJECT INFORMATION PROJECT DESCRIPTION: This is a Project Development Plan for a proposed residential subdivision at the northeast corner of Cherry Street and Lyons Street. A total of six lots are proposed, with single-family detached dwellings located on each lot. Each lot is 4,879 square feet in size. The front of the residences face Cherry Street.. A rear alley is proposed to the north, behind the residences to access detached garages for each residence. Three additional dwellings are located above the garages. A total of 9 dwellings are proposed. The site is approximately one acre in size, or 44,579 square feet. The project is zoned Low Density Mixed Use Neighborhood (L-M-N). Single-family detached dwellings are a permitted use in the L-M-N zone district subject to a Type 1 administrative review and approval. APPLICANT: Paul C Sorensen SORENSEN ENGINEERING & CONSTRUCTION 1901 BEAR CT Fort Collins, CO 80525 OWNER: EVAN GILMARTIN 2519 S SHIELDS ST FORT COLLINS, CO 80526 RECOMMENDATION: Approval EXECUTIVE SUMMARY The approval of the Cherry Street Cottages PDP complies with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically: • The PDP complies with the applicable review procedures of Division 2.2. • The PDP complies with all applicable Low Density Mixed -Use Neighborhood (L-M-N) standards of Division 4.5. Page 1 • The PDP complies with all applicable General Development Standards located in Article 3 of the Land Use Code. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: Direction , -Zone District Existing Land Uses North Low Density Mixed -Use Neighborhood (L-M-N) Residential South N/A Putna..m Elementary School East Neighborhood Conservation Low Density (N-C-L) Residential West Low Density Residential (R-L) Residential Land Use History; • In 1965, the property was originally annexed into the City of Fort Collins as part of the Pierce Annexation. • The property is currently undeveloped. 2. Compliance with Applicable L-M-N Standards: The project complies with all applicable L-M-N standards with the following comments provided: A. Section 4.5(B)(2) (a) (1) — Permitted Uses Single-family detached dwellings are a permitted use in the L-M-N District subject to a Type 1 administrative review. 8. Section 4.5(D)(1) — Density This standard typically requires that residential density on projects that are part of Project Development Plans containing less than 20 acres have a density not less than 3.00 dwelling units per net acre and not greater than 9.00 dwelling units per gross acre. For this project, both the gross and net acreage are the same. Per LUC 3.8.18(B) which outlines areas to be deducted from the gross acreage to achieve a net acreage, there are no Page 2 applicable deductions. The site is 44,579 square feet, or 1.02 acres. A total of 9 dwellings are proposed. The resulting density is 8.8 units per acre, in compliance with the standard. C. Section 4.5(D) (2) — Mix of Housing This standard is not applicable due to the overall project size of one acre. The standard requires a minimum of four housing types on any overall project containing 30 acres or more, and a mix of three housing types on any overall project containing 20 acres or more. D. Section 4.5(D)(6) — Small Neighborhood Park. This standard is not applicable due to the overall project size of one acre. This standard requires that development projects of ten acres or more provide a small neighborhood park that is at least one acre in size, or be located near an existing park that meets the criteria described in this section. (E) Section 4.5(E) — Development Standards. (1) Streets and Blocks. (a) Street System Block Size. The local street system provided by the development shall provide an interconnected network of streets in a manner that results in blocks of developed land bounded by connecting streets no greater than twelve (12) acres in size. (b) Mid -Block Pedestrian Connections. If any block face is over seven hundred (700) feet long, then walkways connecting to other streets shall be provided at approximately mid -block or at intervals of at least every six hundred fifty (650) feet, whichever is less. As a small infll project, the property is bound by public streets along the southern and western boundary of the project, and no additional streets or connecting walkways are required to meet the criteria described in this standard. (3) Maximum Residential Building Height. The maximum height of one-, two- and three-family dwellings shall be two and one-half (2.5) stories. The project lists the maximum building height as 25 feet with the project's site plan land use table. Staff recommends that this be clarified by the Applicant at the hearing and listed in stories on the plans. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The project complies with all applicable General Development Standards with the following comments provided: A. Section — 3.2.1 Landscaping and Tree Protection Page 3 1) Section 3.2.1(D)(2) Street trees. Street trees are provided at approximately 40- foot intervals along the project's Cherry and Lyons Street frontage, in accordance with the standards of this section. 2) Section 3.2.1(D)(3) Minimum Species Diversity. The project provides not more than 15% of any one tree species in compliance with this standard. 3) Section 3.2.1(E)(1) Buffering Between Incompatible Uses and Activities. This section states: In situations where the decision maker determines that the arrangement of uses or design of buildings does not adequately mitigate conflicts reasonably anticipated to exist between dissimilar uses, site elements or building designs, one (1) or more of the following landscape buffering techniques shall be used to mitigate the conflicts. (a) Separation and screening with plant material: planting dense stands of evergreen trees, canopy shade trees, ornamental trees or shrubs, (b) Integration with plantings: incorporating trees, vines, planters or other plantings into the architectural theme of buildings and their outdoor spaces to subdue differences in architecture and bulk and avoid harsh edges; (c) Establishing privacy. establishing vertical landscape elements to screen views into or between windows and defined outdoor spaces where privacy is important, such as where larger buildings are proposed next to side or rear yards of smaller buildings; (d) Visual integration of fences or walls: providing plant material in conjunction with a screen panel, arbor, garden wall, privacy fence or security fence to avoid the visual effect created by unattractive screening or security fences; (e) Landform shaping: utilizing berming or other grade changes to alter views, subdue sound, change the sense of proximity and channel pedestrian movement Section 3.2.1(H) Placement and Interrelationship of Required Landscape Plan Elements. This section states: In approving the required landscape plan, the decision maker shall have the authority to determine the optimum placement and interrelationship of required landscape plan elements such as trees, vegetation, tun`, irrigation, screening, buffering and fencing, based on the following criteria: (1) protecting existing trees, natural areas and features; (2) enhancing visual continuity within and between neighborhoods, (3) providing tree canopy cover; (4) creating visual interest year round; Page 4 (5) complementing the architecture of a development, (6) providing screening of areas of low visual interest or visually intrusive site elements, (7) establishing an urban context within mixed -use developments; (6) providing privacy to residents and users; (9) conserving water; (10) avoiding reliance on excessive maintenance; (11) promoting compatibility and buffering between and among dissimilar land uses, (12) establishing spatial definition. Staff analysis: To address the two sections described above, the applicant proposes 18 Taylor Juniper evergreen trees along the northern boundary of the project, which are intended to soften views into the project from the neighboring property and provide screening of the proposed vehicular drive aisle that provides access to the north -facing garages. Additionally, a detention pond is provided to the east with plantings provided within the pond that help provide visual buffering and transition space. Should additional mitigation measures be deemed necessary in order to provide additional screening, these code sections could be referenced to apply additional measures such as solid fencing and/or additional landscape screening. B. Section 3.2.2 — Access, Circulation and Parking In conformance with the Purpose, General Standard, and Development Standards described in this section, the parking and circulation system provided with the project is well designed with regard to safety, efficiency and convenience for vehicles, bicycles, pedestrians and transit, both within the development and to and from surrounding areas.. LUC 3.2.2(K)(1)(c) Parking Requirements: Single -Family Detached: For each single-family dwelling there shall be one (1) parking space on lots with greater than forty (40) feet of street frontage or two (2) parking spaces on lots with forty (40) feet or less of street frontage. Minimum off-street parking quantities required for the project are satisfied through two garage spaces provided on each lot. Each lot is 50 feet wide; and is required to provide one off-street parking space, plus one additional space for the three lots that have an additional dwelling above the detached. garage. C. Section 3.3.1— Plat Standards Page 6 All lots have direct access to a public street. The layout of roads, driveways, utilities, drainage facilities, and other services are designed in a way that enhances an interconnected system within and between adjacent developments. The plat demonstrates proper dedication of public rights -of -way, drainage easements and utility easements that are needed to serve the area being developed. D. Section 3.5.2(E) Residential Building Setbacks, Lot Width and Size All proposed lots comply with the lot size, width and setback standards of this section, which require a minimum lot width of 40 feet for single-family detached dwellings. The proposed project provides the following setbacks in conformance with the standards: 15-feet Front Yard 5-feet Interior Side Yard 15-feet Corner Side 8-feet Rear Yard 4. Neighborhood Meeting A City neighborhood meeting was not required for proposal and the Applicant elected to submit. the project for staff review without holding a neighborhood meeting. 5. Find! ngs_of_Fact/Conclus!on In evaluating the Cherry Street Cottages PDP, staff makes the following finding of fact: A. The PDP complies with the applicable review procedures of Division 2.2. B. The PDP complies with all applicable Low Density Mixed -Use Neighborhood (L-M-N) standards of Division 4.2. C. The PDP complies with all applicable General Development Standards located in Article 3. RECOMMENDATION: Staff recommends approval of the approval the Cherry Street Cottages Project Development Plan, PDP#160041 based on the Findings of Fact on page 6 of this staff report. ATTACHMENTS 1. Vicinity Map (PDF) 2. Site and Landscape Plan (PDF) 3. Plat (PDF) 4. Utility Plans (PDF) 5. Drainage Report (PDF) Page 6 ATTACHMENT B Staff Recommended Conditions of Approval Cherry Street Cottages Project Development Plan PDP # 160041 Community Development and C;t of F6rt Collins Neighborhood Services Planning Services 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax tcgov. com/developmentre view Cherry Street Cottages PDP160041 Staff Recommended Conditions of Approval Lots 1, 2, and 3: 1) At the time of Building Permit Application, Lots 1, 2, and 3 shall meet one of the following options: a) Detached Carriage House Option. Each detached garage on lots 1, 2, and 3 that contains a single-family dwelling shall contain a maximum of one thousand (1,000) square feet of floor area, including the garage. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half QY2) feet. The building footprint for each detached building shall not exceed six hundred (600) square feet. b) Accessory Buildings with Habitable Space. Should lots 1, 2, or 3 be constructed with only one dwelling unit per lot and no second dwelling is proposed, then the rear garage building must meet all applicable Land Use Code Requirements for Accessory Buildings with Habitable Space. Any accessory building with water and/or sewer service shall be considered to have habitable space. Any person applying for a building permit for such a building shall sign and record with the Larimer County Clerk and Recorder an affidavit stating that such accessory structure shall not be used as a dwelling unit. All applicable building permits issued for such buildings shall be conditioned upon this prohibition. Any such structure containing habitable space that is located behind a street -fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half QY2) feet. c) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half QY2) feet. Lots 4, 5, and 6: 2) At the time of Building Permit Application, the proposed garage structure on Lots 4, 5, and 6 shall also meet the Accessory Buildings Without Habitable Space requirements. The accessory buildings shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7%) feet. The following standards shall apply to all Lots 1 through 6 unless otherwise noted: 3) Garage buildings on all lots must be detached, unless a plan amendment is proposed, reviewed and accepted to allow attached garages. Should attached garages be proposed, the attached garage space and any allowable space above the garage shall be horizontally and vertically stepped back from the primary walls of the building and be designed to meet all building design, floor area and height standards for carriage houses and accessory buildings. 4) Garage building footprints shown on the PDP site plan shall be updated to reduce the size of footprints shown to be not more than 600 square feet. 5) The carriage house dwelling on lot 1 shall be designed with an entrance porch or stoop at the ground level that faces Lyons Street. 6) Maximum building height shall be two (2) stories, except for carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (Vi) stories. The height of a detached dwelling unit (carriage house option) at the rear of the lot or an accessory building containing habitable space shall not exceed twenty-four (24) feet to the highest point of the roof surface. 7) Maximum building height shall be one (1) story for accessory buildings containing no habitable space. The height of an accessory building containing no habitable space shall not exceed twenty (20) feet to the highest point of the roof surface, 8) Eave Height. The exterior eave height of an eave along a side lot line shall not exceed thirteen (13) feet from grade for a carriage house or an accessory building with habitable space located at the rear of the lot. The exterior eave height of an eave along a side lot line shall not exceed ten (10) feet from grade for an accessory building containing no habitable space. 9) Carriage houses and accessory buildings shall minimize north facing windows. If used,north facing windows shall be subordinate in size, be situated above interior eye level and function as a clerestory window. No second story deck or balcony space shall be permitted on the north side of the building. Access to any interior space above the garage must be provided within the interior of the building. 10) The primary entrance to dwellings facing the street shall be located along the front wall of the building, unless otherwise required for handicap access. Such entrance shall include an architectural feature such as a porch, landing or portico. 11) Front porches on all buildings shall be limited to one (1) story. 12) All lots shall provide two (2) off-street parking spaces in detached garages. 13) The initial Building Permit submittals shall provide a site plan that incorporates the design and placement ofthe rear detached garage structure and indicate whether the building is a detached carriage house, accessory building with habitable space, or accessory building K without habitable space, and shall demonstrate compliance with the PDP and all Conditions of Approval. If phasing of buildings on the lot is proposed, plans shall provide design information necessary to demonstrate compliance with future phases. The site plan for each lot shall provide a separate yard area containing at least one hundred twenty (120) square feet to serve both the existing principal dwelling and the carriage house, if a carriage house is proposed. Such yard area shall be at least ten (10) feet in its smallest dimension, and must provide privacy and screening for abutting properties. 14) Building Color. Buildings submitted at the time of building permit review shall be reviewed by staff for compliance with LUC 3.5.1(F), which states that color shades shall be used to facilitate blending into the neighborhood and unifying the development. The color shades of building materials shall draw from the range of color shades that already exist on the block or in the adjacent neighborhood. Landscape Plan: 15) Landscape plan shall be adjusted to provide 36 evergreen trees along the north boundary of the project, as shown on Exhibit A. All landscaping and fencing shown on the Landscape plan shall be installed prior to the issuance of any certificate of occupancy on any lot. All landscaping, fencing, site walls, stairs and railings shown shall be maintained by a Homeowner's Association. 16) A new wood privacy fence shall be provided on the site, along the north and northeast portion of the site, as shown on Exhibit A. A wood fence construction detail shall be provided for staff review with the Final Plans. Fence shall be constructed of natural cedar or redwood and be a maximum of 6 feet in height.