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HomeMy WebLinkAboutLONGSTEIN SINGLE-UNIT DWELLING WITH ADU - FDP240014 - SUBMITTAL DOCUMENTS - ROUND 1 - Modification RequestOctober 2,2024 FROM:Kirk Longstein Cherry Street Rentals LLC 728 Cherry Street TO:City Planning Department Fort Collins,Planning 281 N.College Ave. RE:Longstein Subdivision:LOT B Single Unit with an attached ADU Request Pursuant to the Fort Collins Land Use Code Division 6.8 -Modification of Standards Review Criteria Bottomline: The Applicant seeks three modifications to the OTB zoning standards: 1.Modification to allow an attached Accessory Dwelling Unit (ADU)on a lot size smaller than 10,000 SF or 45%of primary dwelling unit (whichever is less) 2.Modification to allow an attached ADU Height to be taller than the primary dwelling 3.Modification to allow an attached ADU to be located within the 15-feet rear yard setback Project Overview With cultural norms shifting,many are looking for homes to accommodate extended family living situations.To meet this growing market demand,Longstein Subdivision proposes to develop a multigenerational home within the Martinez Park neighborhood.The development focuses on home performance with an all-electric utility service,solar panels and state of the art amenities to accommodate remote work.A stand-out feature is the fully self-contained in-law suite located above the garage and behind the principal dwelling.With its own private entrance,this 412 square foot suite includes a modest bedroom,a modern bathroom,a comfortable living room,a full kitchen,sound proofing,and dedicated heating and cooling system for guests,or family members. Technical Background Pursuant to Colorado House Bill 1152,local jurisdictions must allow one accessory dwelling unit (ADU)where single family detached units are allowed.Therefore Fort Collins must use an administrative approval process for ADUs,cannot require parking or owner occupancy,must allow certain ADU sizes and setbacks,and generally cannot otherwise restrict ADUs through design and dimensional standards that are more stringent than those that apply to single family homes in the same district. The dimensions of the Longstein Subdivision LOT B are 56-feet by 70-feet (3,850 SF)and 50% of the rear yard lot area is 1,925 SF.within the OT-B zone district,the overall square footage for the building area can not exceed 2,400 SF max,and the rear yard FAR is limited to 33%of the rear yard lot area or 635.25 SF.The purpose of the proposed modifications is to allow four hundred and twelve (412)of habitable SF above the garage.With these additions to the building footprint,the total building square feet will not exceed the 2,400 SF max and the new FAR on the rear half of the lot will represent 27%of the rear 50%of the lot.The site plan proposes to encroach into the rear yard setback.The modification seeks to reduce the 15-foot standard to a 10-feet rear yard setback.As provided within the Site plan,the additional floor area for the purposes of a garage and Accessory Dwelling Unit is located behind the street-fronting principal building and conforms with the Longstein Subdivision Development Agreement to provide parking access from the adjacent alley.Additionally the building is oriented to the rear lot area to align the front of the building with the neighboring buildings and to conform with the street facing neighborhood characteristics along Cherry street.The applicant has reviewed the criteria and provided a justification for modifications that align with Old Town Neighborhood Design Guidelines,citywide policy,the strategic housing plan,subarea plans,and the comprehensive plan. Related Code Provisions ●Division 2.1.6 -Old Town District Development Standards -Residential Building Setbacks:Rear setback,no ally -15’min. ●Division 2.1.6 Old Town District ACCESSORY BUILDING -Detached (attached not allowed) ●Division 3.1.9 Building Types -ACCESSORY DWELLING UNIT,ATTACHED.Building Height no taller than the primary dwelling. Applicant justification for a modification to the standards: 1.Land Use Code Section 3.1.6 Building types describes an urban detached house as a small to medium sized 1-2 story home on a single lot located in established neighborhoods.Most have one main entrance and often attached or detached garages. Urban detached houses are distinct in that they are usually on smaller lots,and within walking distance to key amenities and services.Consistent with HB-1152,design and dimensional standards cannot be more stringent than those that apply to single family homes.Prohibiting attached ADU to one-story would be more restrictive than the single unit building types allowed within the zone district. 2.The Old Town Neighborhood Design Guidelines encourages new construction to consider locating additional square footage to the rear of a lot and below grade to respect the character defining features of the surrounding historic context of the neighborhood. 3.The Old Town Neighborhood Design Guidelines suggest new construction minimize the visual appearance of driveways and other paved surfaces.Adding the occupiable SF above the garage space and within the rear yard setback aligns with the neighborhood characteristics and goes further than the suggested standards by preserving visual characteristics of the adjacent rear yards. 4.The development plan includes three (3)onsite parking spaces based on a need of 3.25 required spaces (1.5 for 1 bedroom basement ADU +1.75 for 2 bedroom unit).While vehicle parking is an allowed use within the alley setback and does not impact the plan’s buildable area,the applicant intends to add to the aesthetics and support neighborhood characteristics of the site by moving a vehicle space into a rear lot parking enclosure and reducing the total number of vehicles and bicycles visible to the neighborhood.Although the applicant is accounting for the additional parking requirements for the ADU,HB1152 preempts this standard. 5.While the modification seeks to encroach the rear yard FAR and setback dimensions,it is important to acknowledge that the front yard orientation is compatible with historic development patterns along Cherry Street which will help retain the character of the neighborhood.Based on the old town design guidelines:Location of a new building should fit within the established front and side setbacks seen in the neighborhoods.The design guidelines do not specifically cite the rear yard FAR as a critical element of the neighborhood characteristics. 6.Attached and Detached ADU is a design standard that is also a permitted use for the Old Town Zone district.Although the use type is allowed;the design standard of the OT-B zone prevents it from being “attached”.Without a modification,the Land Use Code does not preclude the applicant from pursuing a duplex.In the context of the neighborhood characteristics,the above grade detached house is indistinguishable as it relates to the old town neighborhood design guidelines for either a duplex or a single unit attached dwelling with an attached ADU.If the application changed from a single unit attached dwelling development plan to a Duplex application,the allowable building area would decrease to 1,540 SF (from 1,984 SF)and the building footprint would expand towards the side yard setbacks,however,the perceived density would not change between the two use types.When proposing a development plan,there is a very thin difference between a single unit detached dwelling with an attached accessory dwelling unit,and duplex which is foundational in determining the modification’s nominal and inconsequential impact. 7.The floor area of the attached ADU is 412 SF and is located in the rear half of the lot. The total Building area of the development plan is 1,126 SF above grade without the garage.The proposed attached ADU is 29%of the primary dwelling unit.Above grade detached ADUs are currently allowed so long that it is less than 45%of the primary dwelling Unit SF in the Old Town Zone District. Modification Review Criteria: 1.The Development Plan as submitted will promote the general purpose of the standards. The application,when reviewed within the context of the community at large,seeks to create multigenerational housing.Multi-generational housing is a rising trend that is increasingly being considered as a viable housing option for the Baby Boomers and the aging population,and immigrant families.Cultural preferences,socio-economic factors,and the increasing availability of kin all contribute to people's decisions to live in multi-generational housing arrangements. However,the current housing landscape is inundated with suburban,single-family homes and a nuclear-family centered homebuilding industry and dominant culture in the Fort Collins community does not match multi-generational housing needs.The development standards cited incentivize large lot areas and large single use homes through the Floor Area Ratio requirements and allowing detached ADU but prohibiting attached ADU.These code sections have unanticipated consequences which are contrary to the City’s affordable housing policies to encourage “missing middle”housing and specifically multi-generational housing.The application for single unit dwelling with an attached ADU is not an application to develop multifamily commercial housing,rather seeks to develop a missing middle housing type to address affordable housing options for our aging population while also complying with the Fort Collins Old Town neighborhoods design guidelines. 2.The proposal does not impair the intent of the Code and would substantially alleviate an existing,defined and described problem of city-wide concern. Pursuant to the Sanctuary Field Neighborhood Network,Et Al,V.Council Of The City Of Fort Collins 027 -Order On Rule 106 Complaint,the application conforms 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 related to lot area sizes, prohibitions on two-family dwellings,or a differentiation between an attached and detached ADU.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 development Plan.The applicant's proposed Single Unit Dwelling with an attached ADU is located in the zoning area where medium density continues to be encouraged. The application mitigates an existing and defined problem of city-wide concern related to regional housing supply and a range of affordable housing choices.According to peer community examples provided by the Fort Collins 2020 Land Use Audit,reductions in minimum lot sizes for single family homes contributes to the community’s desire for an increase of attainable housing choices.In this way,the application aligns with the public good and advances the City’s intent to help Fort Collins achieve goals related to infill development and redevelopment,increasing the diversity of the housing stock and opportunities for home ownership,and creating more affordable housing. 3.Existing physical hardships As referenced by the Old Town neighborhood guidelines,the percentage of the lot that is covered with building footprints is an indicator of the relative perception of intensity of development.Character Area 3,for example,has a relatively medium lot coverage,with more than half of its properties in the upper range.Although Longstein Subdivision LOT B is below the minimum lot size,there are 4%of lots within the zone district with the same size lot area and lot coverage greater than 40%.These conditions align with the Director’s finding of fact related to BDR210012 stating that the lot is not to be detrimental to the public good and the Longstein Minor Subdivision,BDR210012,complies with the requirements of Article Four,Division 4.8 – Neighborhood Conservation Medium-Density (NCM)District. In line with these neighborhood characteristics;in the fall of 2018,the Planning and Zoning Commission approved a variance request for a building permit to renovate the existing detached home on LOT A of the Longstein Subdivision.The variance allowed the home addition to encroach into the 15’rear yard setback up to 6’from the property line given the properties physical hardships and lot area non conformities. Although the orientation of the lot aligns with the neighboring property characteristics along Cherry street,its rear yard characteristics do align with the orientation of backyards along Grant Street.If the property frontage was located along Grant Street,the rear yard would be located to the east of the lot adjacent to the alley.If this were the case the northern lot line would be subject to a 5’side yard setback.In its current configuration,fronting Cherry street,the northern lot line is subject to a 15’rear yard setback.When the neighboring property builds a detached garage ADU,their lot orientation and dimensional standards allows for the structure to be built within 5’of the property line.The modification will allow the single unit dwelling to be located within 10’of the LOT property line to the north. The applicant’s proposal shifts the building orientation to the rear of the lot because of these lot non conformities.By orienting in this way,the building footprint intends to align with the 20-foot setbacks from the street facing principal buildings along Cherry street,not Grant street. 4.The plan as submitted deviates from the standards in a nominal,inconsequential way when considered from the perspective of the entire development plan,and within the context of the neighborhood’s 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.When considering a modification to the rear yard setback and rear yard FAR,the application should consider the character area summaries provided within the OldTown Neighborhood design guidelines.The percentage of the lot that is covered with building footprints is an indicator of the relative perception of intensity of development.Character Area 3,for example,has a relatively high lot coverage,with 75%of its properties in the upper range.Several parcels within the OTB zoning ordinance and character 3 of the old town westside neighborhood design guidelines are similar to the proposed modification.Example buildings are provided in the attachments OT-B Neighborhood Characteristics 503 N Grant Street -Single Unit 512 N Grant Street -Single Unit 610 Cherry Street -Two Unit Dwelling 617 &617a Wood Street -Two Unit Dwelling 516 West Street -Two Unit Dwelling