HomeMy WebLinkAboutTALON ESTATES - MODIFICATION OF STANDARD - 42-05 - REPORTS - RECOMMENDATION/REPORTModification — Talon Estates — Filing #42-05
May 11, 2006 Administrative Public Hearing
Page 6
fencing on the buffer setback line, the lots could appear the same as lots
satisfying the minimum lot size.
The proposal represents an equitable solution to the buffer area setback along the
Pleasant Valley & Lake Canal.
5. FINDINGS OF FACT/CONCLUSION:
A. The requested Modification of the Standard in Subsection 4.1(D)(1)(b) of the Land Use
Code for the Talon Estates - Request for a Modification of Standard is subject to an
Administrative (Type 1) review.
B. Granting the requested modification would not be detrimental to the public good.
C. The requested Modification of Standard in Subsection 4.1(D)(1)(b) and the Exhibit Map
as submitted will advance or protect the public interests and purposes of the standard
for which the modification is requested equally as well as a plan which complies with
the standard for which a modification is requested, as set forth in Section 2.8.2(H)(1) of
the LUC.
- The Exhibit Map proposes that 7 of the potential 13 lots in the Talon Estates
development be less than the required 1/2 acre (21,780 square feet) minimum lot
size in the UE District. The lots (1 through 7) would be 0.45 acre (19,496 square
feet) in size. They are located on the north and east sides of the development along
the Pleasant Valley & Lake Canal ditch. The diminished lots sizes would enable the
potential development to satisfy the 50' buffer area requirement along Pleasant
Valley & Lake Canal without potentially having to impose a conservation easement
on the lots. Therefore, any fencing could be along the rear property lines, not in a
conservation easement. Visually, with or without fencing on the buffer setback line,
the lots could appear the same as lots satisfying the minimum lot size.
D. This request is only for a modification of the specific standard in Subsection
4.1(D)(1)(b) of the LUC. The applicant has not yet submitted a PDP proposal for review
by the City. When submitted, the PDP will be reviewed, and a determination will be
made, separate from this request for a modification of standard.
6. RECOMMENDATION:
Staff recommends approval of the Modification of Standard in Subsection 4.1(D)(1)(b) of
the Land Use Code (including the Exhibit Map) for the Talon Estates - Request for a
Modification of Standard - #42-05.
Modification — Talon Estates — Filing #42-05
May 11, 2006 Administrative Public Hearing
Page 5
The requirement for the wildlife buffer zone and detention tract required that a portion of the lot's
area be shifted to Tract "A". Therefore, Lots 1 through 7 now have an average area of 0.45 acres
more or less and that Tract "A" has an area of 0.75 acres.
This plan as submitted does promote the general purpose equally well or better than a plan without
the tract. Tract "A" will be made the Homeowners Association's responsibility for fencing,
maintenance and control.
This plan as submitted will not diverge from the Standards of the Land Use Code with respect to
public health, safety and welfare.
The applicant's opinion is that these modifications to the Land Use Code comply with the
requirements of Division 2.8.
Please accept this request for a Modification of Standards to Section 4.1(D)(1)(b) of the Land Use
Code. I "
4. STAFF'S ANALYSIS OF MODIFICATION REQUEST 2, �V%
Subsection 4.1(D)(1)(b) of the LUC sets forth the requirement that lot
half (1/2) acre (21,780 square feet) or larger for dwellings that are not
accordance with the standards set forth in Division 4.1.
In reviewing the proposed alternative plan for purposes of determining i UJU I
accomplishes the purposes of this section as required, Staff has determ,'�, gat:
Granting the requested modification would not be detrimental to the public
good and would not impair the intent and purposes of the LUC.
The plan as submitted (Exhibit Map) will promote the general purpose of the
standard for which the modification is requested equally as well as a plan which
complies with the standard for which a modification is requested, as set forth in
Section 2.8.2(H)(1) of the LUC.
The Exhibit Map proposes that 7 of the potential 13 lots in the Talon Estates
development be less than the required 1/2 acre (21,780 square feet)
minimum lot size in the UE District. The lots (1 through 7) would be 0.45 acre
(19,496 square feet) in size. They are located on the north and east sides of
the development along the Pleasant Valley & Lake Canal ditch. The
diminished lots sizes would enable the potential development to satisfy the
50' buffer area requirement along Pleasant Valley & Lake Canal without
potentially having to impose a conservation easement on the lots. Therefore,
any fencing could be along the rear property lines. Visually, with or without
Modification — Talon Estates — Filing #42-05
May 11, 2006 Administrative Public Hearing
Page 4
the Pleasant Valley and Lake Canal; on the South by Falcon Road and Tefft Acres, a subdivision of
1.3 acre or larger lots and on the West by the Glantz MRD S-53-92 being 3 lots of two acres or
more.
This project has been to conceptual review as "Falcon Estates", with the City staff. Some of the lot
areas were shown as being less than 0.5 acres, which is less than allowed in the UE Zone.
Therefore it was recommended by City staff to apply for a Modification to Standards per City Code
Division 2.8.
MODIFICATION REQUEST:
Per Division 2.8 of the Fort Collins Land Use Code we are requesting a Modification to Division
4.1.D.1.b. of the Fort Collins Land Use Code.
D. Land Use Standards
(1) Density/Intensity: All development shall meet the following requirements:
(a) Overall average density shall not exceed two (2) dwelling units per
net acre.
This site has a net area of 6.882 acres. The net density with 13 lots is 1.89
dwelling units per acre. This net density complies with the Land Use Code.
(b) Lot sizes shall be one-half (1/2) acres or larger for dwellings that are not
clustered in accordance with the standards set forth in this Division.
We are requesting a modification to the lot size being 0.5 acres or larger on Lots 1 through 7. These
lots are adjacent to Tract "A", which is being used for a wildlife buffer zone and drainage adjacent
to the Pleasant Valley Lake and Canal. The wildlife buffer zone is required by the City of Fort
Collins.
The proposed lot area of Lots 1 through 7 is to be 0.45 acres more or less. The lot area of Lots 1
through 7 including the area of Tract "A" would be 0.56 acres more or less.
With Tract "A" being non -buildable and also the area between Tract "A" and the Pleasant Valley
and Lake Canal non -buildable these seven lots will have the appearance of being much larger than
the 0.5 acre minimum required.
JUSTIFICATION FOR MODIFICATION OF STANDARD -TYPE 1:
Before the development of Tract "A", this project had 3.92 acres for Lots 1 through 7. This area
would have created 7 lots with the average area of 0.56 acres, which exceeded the minimum area
for this zoning.
Modification — Talon Estates — Filing #42-05
May 11, 2006 Administrative Public Hearing
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(2) the granting of a modification from the strict application of any standard
would, without impairing the intent and purpose of this Land Use Code,
substantially alleviate an existing, defined and described problem of city-wide
concern or would result in a substantial benefit to the city by reason of the
fact that the proposed project would substantially address an important
community need specifically and expressly defined and described in the
City's Comprehensive Plan or in an adopted policy, ordinance or resolution of
the City Council, and the strict application of such a standard would render
the project practically infeasible; or
(3) by reason of exceptional physical conditions or other extraordinary and
exceptional situations, unique to such property, including, but not limited to,
physical conditions such as exceptional narrowness, shallowness or
topography, or physical conditions which hinder the owner's ability to install a
solar energy system, the strict application of the standard sought to be
modified would result in unusual and exceptional practical difficulties, or
exceptional or undue hardship upon the owner of such property, provided
that such difficulties or hardship are not caused by the act or omission of the
applicant, or
(4) the plan as submitted will not diverge from the standards of the Land Use
Code that are authorized by this Division to be modified except in a nominal,
inconsequential way when considered from the perspective of the entire
development plan, and will continue to advance the purposes of the Land
Use Code as contained in Section 1.2.2."
The applicant has proposed that the modification of the standard would not be detrimental
to the public good and that it meets the requirements of Sections 2.8.2(H)(1) & (4) of the
LUC.
3. APPLICANT'S REQUEST (in Times New Roman font)
TALON ESTATES (formerly known as Falcon Estates)
SITE DESCRIPTION AND HISTORY:
This project proposes to develop 13 single-family dwellings; a new 53-foot wide local paved road;
and a tract to be used for a wildlife buffer zone, detention, and utilities. The site is presently zoned
Urban Estate (UE). The total site area is 9.355 acres, which includes the East 30-feet of Falcon
Road that runs North/South and 60-feet of Falcon Road that runs East/West. The net area excluding
Falcon Road and the new road right-of-way is 6.882 acres.
This project is located in the Southeast 1/4 of Section 28, Township 7 North Range 69 West of the
Sixth P.M., Fort Collins, Larimer County, Colorado. The site is bounded on the North and East by
Modification — Talon Estates — Filing #42-05
May 11, 2006 Administrative Public Hearing
Page 2
Applicant / Property Owner have not yet submitted a Project Development Plan (PDP)
request for review by the City.
COMMENTS
1. BACKGROUND
The surrounding zoning and land uses are as follows:
N: UE in the City of Fort Collins; existing large acreage residential
E: UE in the City of Fort Collins; existing large acreage residential
S: UE in the City of Fort Collins; existing large acreage residential
W: UE in the City of Fort Collins; existing large acreage residential
The property was annexed as part of the South Taft Hill Seventh Annexation in May, 2003.
The property has not previously been subdivided or planned.
2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS
This request is for a modification of a standard in the following section of the LUC:
Section 4.1(D) - Land Use Standards, Subsection 4.1(D)(1)(b), regarding minimum lot
sizes, states:
"Lot sizes shall be one-half (1/2) acre or larger for dwellings that are not clustered in
accordance with the standards set forth in this Division."
The Applicant / Property Owner's expressed intent is to submit a PDP request for Talon
Estates that may potentially contain 13 lots for single-family detached dwellings. To
minimize encroachment of lots into a required buffer area for the Pleasant Valley & Lake
Canal, along the north and east sides of the property, the Applicant has submitted a
request for a Modification of Standard to Section 4.1(D)(1)(b), including an Exhibit Map,
that would allow 7 lots to be slightly smaller than 1/2 acre (21,780 square feet). They would
be 0.45 acre (19,496 square feet) in size.
As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the
Planning and Zoning Board may grant a modification of standards only if it finds that the
granting of the modification would not be detrimental to the public good, and that:
(1) the plan as submitted will promote the general purpose of the standard for
which the modification is requested equally well or better than would a plan
which complies with the standard for which a modification is requested; or
ITEM NO.
MEETING DATE
STAFF�'p_2heAA
Citv of Fort Collins HEARING OFFICER
STAFF REPORT
PROJECT: Talon Estates - Request for a Modification of Standard - #42-05
APPLICANT: Stewart & Associates, Inc.
c/o Franklin D. Blake
103 South Meldrum Street
Fort Collins, Colorado 80521
OWNER: Holter Realty
c/o Nadine Holter
P.O. Box 272546
Fort Collins, Colorado 80521
PROJECT DESCRIPTION:
This is a potential residential project known as the Talon Estates - Request for a
Modification of Standard. The subject property is located at the northeast corner of the
Falcon Drive - Falcon Drive intersection, approximately 1/4 mile west of South Taft Hill
Road. The property is zoned UE, Urban Estate. The request is for a modification of the
standard set forth in Section 4.1(D)(1)(b) of the City of Fort Collins Land Use Code (LUC)
that requires lot sizes to be 1/2 (0.5) acre or larger for dwellings that are not clustered, with
preserved open space, in the UE District. The request is for 7 of a potential 13 lots to be
0.45 acre in size along the Pleasant Valley & Lake Canal. This is a request for a
modification of the aforementioned standard only. No formal submittal of a development
plan for review has been made. That would be the next step in the City's development
review process.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
The Applicant has submitted an application with a request for a modification of the
standard as set forth in Section 4.1(D) - Land Use Standards, Subsection 4.1(D)(1)(b) of
the LUC regarding minimum lot sizes. This subsection sets forth the requirement that:
• Lot sizes shall be one-half (1/2) acre or larger for dwellings that are not clustered
in accordance with the standards set forth in this Division.
This application for a modification of the standard requests that the Administrative Hearing
Officer determine if the modification request meets the intent of the LUC. This request is
only for a modification of the specific standard in Subsection 4.1(D)(1)(b) of the LUC. The
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO.80522-0580 (970) 221-6750
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