Loading...
HomeMy WebLinkAbout405 SCOTT AVENUE CARRIAGE HOUSE PDP AND FDP - FDP190019 - DECISION - HEARING OFFICER DECISION1 CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: January 30, 2020 PROJECT NAME: 405 Scott Avenue - Carriage House CASE NUMBER: PDP/FDP #190019 APPLICANT: Brian Majeski Urban Rural Design 252 Linden Street Fort Collins, CO 80524 OWNER: Carolyn & Geoffrey Haddad 19445 Cypress Church Rd Cypress, TX 77433 HEARING OFFICER: Marcus A. McAskin PROJECT DESCRIPTION: The applicant has filed an application to construct 22-foot tall, 800 square foot carriage house on the rear half of the property located at 405 Scott Avenue, Fort Collins, CO 80521 (the “Subject Property”). The carriage house will be located behind and detached from an existing single-family residence. The Subject Property is within the Neighborhood Conservation, Low Density (N-C-L) zone district and is subject to an Administrative Hearing (Type 1) review. The application is being processed as a combined Project Development Plan (PDP) / Final Development Plan (FDP). The Subject Property is 16,150 square feet. Access to the carriage house will be taken from the existing alley. Existing landscaping on the Subject Property will be preserved. After construction, there will be a total of six off-street parking spaces; four spaces located off of the alley adjacent to the carriage house and two spaces located off of Scott Avenue adjacent to the existing single-family residence. No modifications of standards are being requested by the applicant. 2 BACKGROUND: Applicable project background is detailed in the Planning Department Staff Report prepared for this application, a copy of which is attached to this decision as ATTACHMENT A and is incorporated herein by reference. The surrounding zoning and land uses are set forth below: North South East West Zoning Neighborhood Conservation, Low Density District (N-C-L) Neighborhood Conservation, Low Density District (N-C-L) Neighborhood Conservation, Low Density District (N-C-L) Neighborhood Conservation, Low Density District (N-C-L) Land Use Single-family detached Place of Worship Single-family detached Single-family detached SUMMARY OF DECISION: Approved with conditions. ZONE DISTRICT: (N-C-L) Neighborhood Conservation, Low Density HEARING: The Hearing Officer opened the hearing at approximately 5:30 p.m. on Thursday, January 30, 2020 in the City Hall Council Chambers located at 300 Laporte Avenue. EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as part of the record of this proceeding: 1. Planning Department Staff Report prepared for 405 Scott Avenue Carriage House (PDP/FDP #190019). A copy of the Staff Report is attached to this decision as ATTACHMENT A and is incorporated herein by reference 2. Project Vicinity and Zoning Map. 3. 405 Scott Avenue Carriage House Project Narrative. 4. 405 Scott Avenue Carriage House Plan Set (4 sheets). 5. 405 Scott Avenue Carriage House Drainage Memo, dated December 6, 2019, from Keefe Civil, LLC (11 pages) 6. 405 Scott Avenue Carriage House Utility Plan Set (7 sheets). 3 7. Copy of written notice of hearing mailed on January 16, 2020. 8. Affidavit of Publication dated January 17, 2020, evidencing proof of publication of Notice of Hearing in the Fort Collins Coloradoan on January 17, 2020. 9. Copy of PowerPoint presentation presented during the hearing by Kai Kleer, City Planner. 10. Rules of Conduct for Administrative Hearings. 11. Administrative (Type 1) Hearing: Order of Proceedings. 12. The City’s Comprehensive Plan, Land Use Code, and the formally promulgated ordinances and polices of the City are all considered part of the record considered by the Hearing Officer. TESTIMONY: The following persons testified at the hearing: From the City: Kai Kleer, City Planner From the Applicant: Brian Majeski, Urban Rural Design, 252 Linden Street, Fort Collins, CO 80524 From the Owner: Carolyn Haddad, 19445 Cypress Church Rd, Cypress, TX 77433 From the Public: Dian Sparling, 324 Jackson Ave., Fort Collins, CO 80521 Ruth McMillen, 319 Gordon St., Fort Collins, CO 80521 FINDINGS 1. Testimony of Kai Kleer and 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. B. The Application complies with the applicable General Development Standards contained in Article 3 of the Land Use Code. C. Except as otherwise provided in Finding D below, the Application complies with the applicable Neighborhood Conservation, Low Density (N-C-L) Zone District standards contained in Article 4, Division 4.7 of the Land Use Code. Without limiting the foregoing, the Hearing Officer specifically finds: 4 i. The proposed 22-foot tall carriage house satisfies the building height requirement set forth in Land Use Code Section 4.7(F)(2)(a)2 and, except as provided in Finding D.i below, the carriage house’s building height is not limited to one and one-half (1 ½) stories. ii. The addition of the proposed carriage house will not cause the Subject Property to exceed the “allowable floor area on lots” established by Land Use Code Section 4.7(D)(2). D. Testimony presented at the hearing and materials in the record fail to demonstrate compliance with: i. Land Use Code Section 4.7(F)(1)(e), which standard limits the front façade of the proposed carriage house to one and one-half (1 ½) stories. ii. Land Use Code Section 4.7(F)(2)(b), which standard requires a side yard setback of 12 feet 2 inches from the north property line to allow for the proposed exterior eave height of 16 feet 7 inches. The PDP/FDP provides a side setback of only 12 feet. 3. Except with respect to Land Use Code Sections 4.7(F)(1)(e) and 4.7(F)(2)(b), the Application’s satisfaction of the applicable Article 2, 3 and 4 requirements of the Land Use Code is sufficiently evidenced by the Staff Report and the testimony and materials presented at the hearing. DECISION Based on the findings set forth above, the Hearing Officer hereby enters the following ruling: A. The 405 Scott Avenue Carriage House Project Development Plan (PDP/FDP #190019) is approved for the Subject Property, subject to the following condition of approval: 1. A revised site plan and a revised or supplemental staff report demonstrating compliance with Land Use Code Sections 4.7(F)(1)(e) and 4.7(F)(2)(b), and correcting the calculation of “allowable floor area on lots” in accordance with Land Use Code Section 4.7(D)(2) are submitted to the Hearing Officer at a public hearing following notice in accordance Land Use Code Section 2.2.6. 5 DATED this 6 th day of February, 2020. ___________________________________ Marcus A. McAskin Hearing Officer 6 ATTACHMENT A Staff Report 405 Scott Avenue Carriage House Project Development Plan / Final Development Plan (PDP/FDP# 190019) Development Review Staff Report Agenda Item 1 Planning Services Fort Collins, Colorado 80524 p. 970-416-4311 f. 970.224.6134 www.fcgov.com Administrative Hearing: January 30, 2020 405 Scott Avenue – Carriage House Summary of Request This is a request to construct an 800 square foot carriage house and a behind an existing single-family residence located at 405 Scott Avenue. Zoning Map (ctrl + click map to follow link) Next Steps If approved by the decision maker, the applicant will be eligible to submit plans for recordation. Following recordation, the applicant or representative thereof will be eligible to submit the construction drawings for building permit review, issuance, and subsequent construction. Site Location Located approximately 525 feet northwest of the intersection of W Mulberry St and S Shields St and 240 feet east of City Park. Zoning Neighborhood Conservation, Low Density District (N-C-L) Property Owner Carolyn & Geoffrey Haddad 19445 Cypress Church Rd Cypress, TX 77433 Applicant/Representative Brian Majeski Urban Rural Design 252 Linden Street Fort Collins, CO 80524 p. 970.889.4004 e. brian@urbanruralarch.com Staff Kai Kleer, City Planner p. (970) 416-4284 e. kkleer@fcgov.com Contents 1. Project Introduction .................................... 2 2. Public Outreach ......................................... 3 3. Article 2 – Applicable Standards ................ 3 4. Article 3 - Applicable Standards ................. 4 5. Article 4 – Applicable Standards: ............... 4 6. Findings of Fact/Conclusion ...................... 7 7. Recommendation ....................................... 7 8. Attachments ............................................... 7 Staff Recommendation Approval W Mulberry St Jackson Ave Scott Ave W Magnolia St City Park Site Administrative Hearing - Agenda Item 1 FDP190019 | 405 Scott Avenue – Carriage House Thursday, January 30, 2020 | Page 2 of 7 Back to Top 1. Project Introduction A. PROJECT DESCRIPTION • This application is being processed as a combined Project Development Plan (PDP)/Final Development Plan (FDP). • The project is contained within Lot 5 and portions of lots 4 and 6 of the Scott-Sherwood Addition • The lot is 16,150 square feet in land area. • The site will contain five off-street parking spaces. B. SITE CHARACTERISTICS 1. Development Status/Current Conditions The site currently contains a single-family residence, car port and two-car garage. The site was part of the 1907 Scott-Sherwood Addition which was later annexed as part of the Consolidated Area Annex on May 13, 1952. 2. Surrounding Zoning and Land Use North South East West Zoning Neighborhood Conservation, Low Density District (N-C-L) Neighborhood Conservation, Low Density District (N-C-L) Neighborhood Conservation, Low Density District (N-C-L) Neighborhood Conservation, Low Density District (N-C-L) Land Use Single-family detached Place of Worship Single-family detached Single-family detached C. OVERVIEW OF MAIN CONSIDERATIONS The main considerations have been parking and design and placement of the carriage house. Administrative Hearing - Agenda Item 1 FDP190019 | 405 Scott Avenue – Carriage House Thursday, January 30, 2020 | Page 3 of 7 Back to Top 2. Public Outreach A. NEIGHBORHOOD MEETING Pursuant to 2.2.2 – Step 2: Neighborhood Meetings, a neighborhood meeting is not required for Administrative (Type 1) projects. Therefore, a neighborhood meeting was not held for this project. B. PUBLIC COMMENTS: Public comment was received regarding stormwater and the surface water flooding into the property located across the alley to the west. City stormwater engineering staff reviewed the comment and made the following statement: “The added impervious area for this development is under the 1,000-sf threshold which is the trigger for stormwater mitigation. Due to some existing concrete that is being removed in the same area as the carriage house, the increase in impervious area is only 978-sf. The development still needs to show the proposed drainage does leave the property and flow down the alley without causing any negative impacts to downstream properties. The drainage plan does show that flows will leave the property and flow south down the alley into Mulberry Street without causing any negative impacts as far as what can be determined through a drainage analysis by the Development’s Civil Engineer.” Any additional communication received between the public notice period and hearing will be forwarded to the Hearing Officer for their consideration. 3. Article 2 – Applicable Standards A. BACKGROUND This project was submitted on September 27, 2019 as a combined Project Development Plan (PDP)/Final Development Plan (FDP). The project required three rounds of staff review prior to hearing. B. PROJECT DEVELOPMENT PLAN PROCEDURAL OVERVIEW 1. Conceptual Review # CDR190042 A conceptual review meeting was held on May 07, 2019. 2. First Submittal (PDP190019) The first submittal of this project was completed on September 27, 2019. 3. Neighborhood Meeting Not applicable pursuant to 2.2.2 – Step 2: Neighborhood Meetings. 4. Project Expiration In accordance with 2.2.11 – Step 11: Lapse, a project must be diligently pursued and resubmitted within 180 days of receiving written comments. The project satisfies this requirement and has not lapsed. 5. Notice (Posted, Written and Published) Posted Notice: October 10, 2019, Sign # 603 Written notice: January 16, 2020, 173 addresses mailed. Published Notice: Thursday, January 30, 2020, Coloradoan confirmation #0004007811 Administrative Hearing - Agenda Item 1 FDP190019 | 405 Scott Avenue – Carriage House Thursday, January 30, 2020 | Page 4 of 7 Back to Top 4. Article 3 - Applicable Standards A. DIVISION 3.2 - SITE PLANNING AND DESIGN Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 3.2.2 (K)(1)(c) Single- Family Detached For each single-family dwelling there must 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. The lot exceeds 40 feet and only requires one off-street parking space for the existing single-family residence. The plan proposes and maintains two existing off-street parking spaces which are accessed from Scott Avenue. Complies 5. Article 4 – Applicable Standards: A. SUMMARY The Neighborhood Conservation, Low Density District (N-C-L) is intended is intended to preserve the character of areas that have a predominance of developed single-family dwellings. The proposed carriage house is permitted subject to Administrative Review in this district. B. DIVISION 4.7 – NEIGHBORHOOD CONSERVATION, LOW DENSITY DISTRICT Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 4.7(B) Permitted Uses Under the ‘residential use’ category, single-family detached dwellings when there is more than one dwelling on the lot or when the lot has only alley frontage are permitted subject to Administrative (Type 1) review. Complies 4.7(D)(1) Required Lot Area The minimum lot area for each residential detached dwelling must not be less than six thousand square feet. The project is contained within a 16,150 square foot lot and meets the minimum required lot size of 12,000 square feet. Complies 4.7(D)(2) Allowable Floor Area on Lots On a lot that is more than 10,000 square feet, the allowable floor area must not exceed thirty (30) percent of the overall lot area. The allowable floor area is calculated as follows 16,150 x .30 = 4,845 square feet. The proposed 800 square foot carriage house, 1,719 square foot existing single-family residence and 400 square foot detached garage equals 2,919 square feet which is less the above sum, therefore meeting this requirement. Administrative Hearing - Agenda Item 1 FDP190019 | 405 Scott Avenue – Carriage House Thursday, January 30, 2020 | Page 5 of 7 Back to Top Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 4.7(D)(4) Residential Any new single-family dwelling (carriage house) that is proposed to be located behind a street fronting principal residence can only contain 800 square feet of floor area, be a minimum of 10 feet away from any other structure and a 600 square foot footprint. The proposed plan complies with the aforementioned standards by providing a 600 square foot building footprint, 17-foot setback from the nearest structure (existing garage) and overall square footage of 800 square feet. Complies 4.7(E) Dimensional Standards Dimensional standards require a minimum rear yard setback of 5 feet, side yard setback of 5 feet and when any portion of building or wall exceeds 18 feet, as measured from the existing grade, requires an additional 1 foot of setback. Building height is also limited to 1 ½ stories. The plan provides the required minimum of 5-foot side-yard and 5-foot rear-yard setbacks. The project proposes a wall height of 16’ 7” feet along the side yard and does not require any additional setback to meet dimensional standards of this standard. The proposed carriage house is 1 ½ stories. Complies 4.7(F) (1) Building Design The carriage house meets all building design standards contained within this section. Standards include exterior wall to lot line orientation, entryway feature, limit to 1 ½ stories, and minimum 2:12 maximum 12:12 roof pitch. Complies 4.7(F)(2)(a) Building Height The maximum height of a dwelling at the rear of the lot cannot exceed 24 feet. The proposed structure is 22 feet from existing grade. Complies 4.7(F)(2)(b) Eave Height The exterior eave along a side lot line cannot exceed 13 feet from grade and can be increase by six inches for every additional one foot of setback from the interior side property line. The plan proposes an eave height of 16’ 7”. The additional 3’ 7” of eve height will require a total side yard setback of 12 feet. The plan complies with this standard and proposes a 12-foot side yard setback from the north property line. Complies 4.7(F)(3)(a) Carriage Houses A minimum of one off-street parking space must be provided for every bedroom contained within a carriage house. The plan demonstrates a total of 6 off-street parking spaces four located off of the existing alley and two located off of Scott Avenue, exceeding the required minimum for this site. Complies Administrative Hearing - Agenda Item 1 FDP190019 | 405 Scott Avenue – Carriage House Thursday, January 30, 2020 | Page 6 of 7 Back to Top Applicable Code Standard Summary of Code Requirement and Analysis Staff Findings 4.7(F)(3)(c)(3) Buildings, structures, open spaces and other features of the site plan shall be oriented and located such that they maintain natural resources, including existing significant trees and shrubs, to the extent reasonably feasible. No significant natural resources will be impacted by the project proposal. Complies 4.7(F)(5) Access Whenever a lot has frontage along an alley, any new off-street parking area located on such lot must obtain access from such adjoining alley. The project proposes all new parking to be accessed from the existing alley. Complies Administrative Hearing - Agenda Item 1 FDP190019 | 405 Scott Avenue – Carriage House Thursday, January 30, 2020 | Page 7 of 7 Back to Top 6. Findings of Fact/Conclusion In evaluating the request for the 405 Scott Avenue – Carriage House Final Development Plan, FDP190019, staff makes the following findings of fact: • The F.D.P. complies with process located in Division 2.2 – Common Development Review Procedures for Development Applications of Article 2 – Administration. • The F.D.P. complies with relevant standards located in Article 3 – General Development Standards. • The F.D.P. complies with relevant standards located in Division 4.7, Neighborhood Conservation, Low Density District of Article 4. 7. Recommendation Staff recommends approval of 405 Scott Avenue – Carriage House, FDP190019. 8. Attachments 1. Vicinity & Zoning Map 2. Project Narrative 3. Site, Elevation & Landscape Plans 4. Drainage Memo 5. Utility Plans 4.7(F)(3)(c)(1) Additional Review Criteria for Carriage Houses The site plan shall provide a separate yard area containing at least one hundred twenty (120) square feet to serve both the carriage house and the existing principal dwelling. Such yard area shall be at least ten (10) feet in its smallest dimension and must provide privacy and screening for abutting properties. The plan provides a rear-yard space in excess of 120 square feet. Complies 4.7(F)(3)(c)(2) Decks, entry doors, major entry access stairs or major windows shall face the existing principal building or the alley (if the lots front the alley). Windows that overlook an abutting side or rear yard must be minimized. The plan complies by proposing the major entry access facing the existing single-family residence. Windows facing the side lot are also minimize and placed in a way to preserve privacy of the neighboring properties. Complies 4.7(D)(3) Allowable Floor Area on Rear Half of Lots The allowable floor area on the rear half of a lot shall not exceed twenty-five (25) percent of the area of the rear fifty (50) percent of the lot. The allowable rear floor area is calculated as follows, ((16,150 / 2) .25) = 2,018 square feet. The project proposes an 800 square foot carriage house and contains an existing 400 square foot two-car garage, combined totaling 1,200 square feet. The project complies with the maximum allowable floor area as calculated above. Complies