Loading...
HomeMy WebLinkAboutProject Narratives - 03/14/20251 Gilmartin Subdivision 341 S. Taft Hill Road March 14, 2025 WITHDRAWAL OF ORIGINAL APPLICATION FOR TWO-FAMILY DWELLING AND SUBMITTAL UNDER LAND USE CODE ADOPTED MAY 17, 2024 AS AMENDED BY ORDINANCE 009, 2025, EFFECTIVE DATE: FEBRUARY 14, 2025 NEW REQUEST: SINGLE FAMILY DWELLING WITH DETACHED ACCESSORY DWELLING UNIT Withdrawal and New Submittal: The original Gilmartin Subdivision was submitted for a Two-Family Dwelling (duplex) under the Land Use Code that was adopted in March of 1997. This version of the Land Use Code is now referred to as the Transitional Land Use Regulations and informally referred to as the “Foundational Code.” That submittal was made under the Foundational Code prior to the adoption of the new Land Use Code on May 17, 2024. Since that first submittal for a two-family dwelling, primarily based on challenges associated with providing sufficient utilities to serve such a narrow lot (69 feet in width), the applicant has selected to downsize the plan to now include one Single Family Detached Dwelling with a Detached Accessory Dwelling Unit. The Planning Department has advised that a Single Family Detached Dwelling with Detached Accessory Dwelling Unit in the L-M-N zone under the Transitional Land Use Code is not codified as a permitted use. And the Transitional Land Use Code does not include a definition for an “Accessory Dwelling Unit.” There is, however, a definition for “Carriage House” and these are permitted only in the N-C-L (OT-A), N-C-M (OT-B) and N-C-B (OT-C), but not in L-M-N. 2 (Please note that the L-M-N zone did indeed allow for a second principal dwelling unit on the same lot. But recent interpretations have deemed that with all the recent various aspects and standards associated with contemporary Accessory Dwelling Units, these are now determined to be unique and more specific and are not the same as a second principal dwelling unit on the same lot, and therefore, a new land use.) The new Land Use Code, adopted on May 17, 2024, specifically defines “Accessory Dwelling Units” and, further, allows such units to be combined with a Single Family Detached Dwelling in the L-M-N zone. Separate standards for ADU’s are now established. Ordinance 009, 2025: This Ordinance was adopted on Second Reading on February 4, 2025, and became effective on February 14, 2025. In the City Council Agenda, it is titled: “Amending the Land Use Code to Align with Two Adopted State House Bills Concerning Accessory Dwelling Units and to Clarify and Correct Certain Provisions” This Ordinance will govern this application and sets new parameters for the size of a detached ADU. The key attributes of this Ordinance as it relates to the Gilmartin Subdivision are as follows: • The revised definition now includes “…complete independent living facilities including facilities for living, sleeping, eating, cooking, and sanitation.” • The maximum size of a detached ADU, “where the primary dwelling is greater than 1,667 square feet is a maximum of 1,000 square feet or 45% of the primary dwelling unit (whichever is less).” The Gilmartin Subdivision Includes: Total Site Area: .71 acre Lot One for a Duplex: .58 acre Dedication of Pennsylvania Street: .09 acre Outlot: 0.15 acre Dedication of Public Right-of-Way Along S. Taft Hill Road (Two-Lane Arteria): 12’ = 0.09 acre Dedication of Utility Easement Along S. Taft Hill Road: 15’ = 0.024 acre Parcel Number #97094-04-005 Zoning: L-M-N, Low Density Mixed-Use Neighborhood 3 The Gilmartin Subdivision is an infill project. The request is for a one lot subdivision to allow for a Single Family Dwelling with a detached Accessory Dwelling Unit. The owner, Mr. Evan Gilmartin, has owned the subject site since 2006. It is currently described by a metes and bounds legal description. The area contained within the Subdivision matches this legal description and the aforementioned parcel number. The parcel is one of numerous exceptionally long, skinny rectangles on the west side of S. Taft Hill Road across from City Park Nine golf course and Grandview Cemetery. The property has only 69 feet of street frontage and is 444 feet deep. Between LaPorte Avenue on the north and W. Mulberry Street on the south, these parcels were carved off from a larger farm. (The western edge of this farm is now the legal rear property line of the homes that front on Briarwood Road, Tenth Green 1st Sub and Ramblewood Apartments.) This area is approximately 33 acres and is logically considered to be the neighborhood. Along section line roads, such as S. Taft Hill, dividing farms into the maximum number of parcels feasible, with access to publicly maintained roads, resulted in the land pattern that we see today. This was a common practice throughout Larimer County prior to annexation and resulted in maximum financial benefit for the subdivider. Historically, these parcels featured truck farms but now consist of large residential properties, small subdivisions and a multitude of outbuildings. Existing Public Improvements: Taft Hill Road is a Two-Lane Arterial and includes a four-foot attached walk, vertical curb, gutter, and striped bike lane. There is currently 30 feet half-width as measured from the centerline. There are no overhead electric lines. The nearest fire hydrant is at the northeast corner of Taft Hill Road and Mulberry Street. The project would be under one ownership on one lot. The Code prohibits the ADU from being divided off from the primary dwelling (unless located on a corner lot). Lot One and the Outlot would be owned by a single entity. Therefore, there are no common areas and, therefore, no Homeowners’ Association. Right-of-Way for Pennsylvania Street is dedicated for 57 feet of width per the requirement for a Residential Local Street in accordance with LCUASS 7-9F, and aligns with three previous dedications (Farmstead, Stead and Cherokee Flying Heights Subdivisions). Please note that an accessory building was recently constructed at 263 S. Taft Hill Road that slightly encroaches into the alignment of future Pennsylvania Street. This may impact the ultimate alignment, or perhaps even the feasibility of constructing this local street. 4 The proposed Outlot lies west of Pennsylvania Street and is not intended to be served by utilities until the construction of this public street. Bringing in multiple utilities from Taft Hill Road has been analyzed and proven to be exceedingly difficult due to the narrow width. As an Outlot, it is not intended to be a parcel eligible for a building permit at this time. A Conceptual Review for a five-lot subdivision for four single family attached dwellings east of Pennsylvania, and one single family detached dwelling unit west of Pennsylvania, was held in May of 2023. This concept has been significantly reduced. Normally, a submittal requires that the applicant respond to these comments. Instead, we have provided a response to our first round comments on the withdrawn project (2024) which is more current and useful. We look forward to working with the development review team as this project progresses through the application process. Zoning – Table of Primary Uses – Section 4.2 and Ordinance 009, 2025: A Single Family Dwelling with an ADU in the L-M-N zone is permitted subject to administrative review per the Table of Uses in Article Four and per Ordinance 009, 2025. L-M-N Zoning – Article 2.2.1 – Housing Type and Development Standards: The proposed Single Family Detached Dwelling is a permitted housing type defined as a “Detached House – Suburban.” The minimum required density is one house per 10,000 square feet. The proposed house is on a lot that is 25,330 square feet. A Request for Modification accompanies this narrative. The proposal complies with the maximum allowable height of 2.5 stories. The metrics related to Setbacks, Contextual Height Setback, Floor Area and Building Footprint are not applicable (See Article Three.) In compliance with Section 2.2.1, the driveway width will not exceed 12 feet. There will be no garage or an Accessory Building such as a shop. Detached House, Suburban - Art. 3.1.7 – Site Design: The proposal exceeds the following required minimum standards: • The lot area is 25,330 square feet which exceeds the required 3,000 square feet • The lot width is 69 feet which exceeds the required 60 feet 5 • The front setback is 30 feet which exceeds the required 20 feet • The rear setback is 168 feet which exceeds the required 15 feet • The interior setbacks are 5 feet and 39 feet which exceed the required 5 feet. Utilities – Chapter 26 City Code: The proposal complies with Chapter 26, Article 3, Division 3, Section 26-94 of the City Code in that domestic water and sewer services from the primary dwelling will be extended to serve the ADU. ADU Maximum Size - Ordinance 009, 2025: Ordinance 009, 2025 amends Section 3.1.9. For new construction, Ordinance 009, 2025 allows the maximum size of a detached ADU, where the primary dwelling is greater than 1,667 square feet, to be a maximum of 1,000 square feet or 45% of the primary dwelling unit (whichever is less). The primary dwelling is proposed to be 2,100 square feet. The ADU is allowed to be 45% of this total for an ADU maximum allowance of 945 square feet. We are proposing an ADU of 1,000 square feet which exceeds this maximum allowable size by 55 square feet. The purpose of the extra size is to accommodate the equipment necessary to install the required International Fire Code Section 13D fire sprinkler system. A Request for Modification accompanies this narrative. We look forward to working with City staff and referral agencies on bringing the vision of the Gilmartin Subdivision, Single Family Attached with a Detached ADU, to reality.