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HomeMy WebLinkAboutFAITH FAMILY HOSPITALITY TRANSITIONAL HOUSE - PDP - PDP160044 - DECISION - FINDINGS, CONCLUSIONS & DECISION1 6/7/2017 Q:\USERS\FORT COLLINS LAND USE\FFH TRANS HOUSE\DECISION-060717.DOCX CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: May 24, 2017 PROJECT NAME: Faith Family Hospitality Transitional House CASE NUMBER: PDP160044 APPLICANT: Annette Zacharias Faith Family Hospitality 300 E. Oak Street Fort Collins, CO 80524 OWNER: City of Fort Collins PO Box 580 Fort Collins, CO 80522 HEARING OFFICER: Kendra L. Carberry PROJECT DESCRIPTION: This is a request for consideration of a Project Development Plan (PDP) to use a City-owned property for a group home for families transitioning out of homelessness. The property consists of two lots totaling 0.44 acres, located at 317 and 321 South Sherwood Street. The PDP proposes that up to 21 residents and an on-site manager would be housed within the existing 8,974 square foot building. No additions or exterior alterations are proposed beyond the repair or replacement of damaged or worn exterior features and materials. An existing garage located on the rear of the lot would be removed and replaced with a parking lot for 6 vehicles along with associated alley, stormwater, and drainage improvements. The PDP includes three Modification of Standard requests: Section 4.8(D)(2)(4) (floor area), Section 4.8(E)(4) (side setback), and Section 3.8.6(B) (group home standards). SUMMARY OF DECISION: Approved ZONE DISTRICT: Neighborhood Conservation Medium Density (NCM) HEARING: The Hearing Officer opened the hearing at approximately 5:30 p.m. on May 24, 2017, in the Community Room at 215 North Mason Street, Fort Collins, Colorado. EVIDENCE: During the hearing, the Hearing Officer accepted the following evidence: (1) Planning Department Staff Report; (2) the application, plans, maps and other supporting documents submitted by the applicant; (3) written comments received from Christopher Kozial, Karen Kanino, Jane Folsom, Christopher Kelly, Bob Bagshaw, Katherine Woods, and Mark R. and Jane E. Bowen, as well as the applicant's and the City's written responses to the same; and (4) a copy of the public notice. The Land Use Code and the formally promulgated policies of the City are all considered part of the record considered by the Hearing Officer. 2 6/7/2017 Q:\USERS\FORT COLLINS LAND USE\FFH TRANS HOUSE\DECISION-060717.DOCX TESTIMONY: The following persons testified at the hearing: From the City: Ryan Mounce From the Applicant: Annette Zacharias From the Public: Christopher Koziol, Laura Flanagan, Joyce DeVaney, Conor Flanagan, Yvonne Wittrich, Betsy Perna, Chrissa Percival, Myrne Waters and Tom Christen. FINDINGS 1. Evidence presented to the Hearing Officer established the fact that the hearing was properly posted, legal notices mailed and notice published. 2. The PDP complies with the applicable General Development Standards contained in Article 3 of the Code. a. The PDP complies with Section 3.2.1 (D), Tree Planting Standards, because the existing site already features a number of mature trees that meet requirements for street trees, tree-stocking, and diversity/size requirements. b. The PDP complies with Section 3.2.1(E)(1), Buffering Between Incompatible Uses and Activities, because existing mature landscaping, trees, and fencing help buffer the building from adjacent residential properties. c. The PDP complies with Section 3.2.1(E)(2), Landscape Area Treatment, because all site areas not covered by buildings or paving will feature existing or new landscaped areas. d. The PDP complies with Section 3.2.1(E)(4), Parking Lot Perimeter Landscaping, because the PDP includes a combination of new parking lot perimeter shrub plantings and existing fencing and trees. e. The PDP complies with Section 3.2.1(E)(5), Parking Lot Interior Landscaping, because the PDP includes a new rear parking area that will be defined by raised concrete curbs, and features landscape islands adjacent to the alley providing interior landscaping coverage. f. The PDP complies with Section 3.2.2(J), Setbacks, because the PDP meets the minimum 5' setbacks (other than as discussed in Section 5 below). g. The PDP complies with Section 3.2.2(K), Required Number of Off-Street Spaces for Type of Use, because the PDP includes a total of 8 on-site spaces. h. The PDP complies with Section 3.2.2(K)(5), Handicap Parking, because the PDP includes a designated van-accessible space with an adjoining access aisle marked with a sign or pavement marking. 3 6/7/2017 Q:\USERS\FORT COLLINS LAND USE\FFH TRANS HOUSE\DECISION-060717.DOCX i. The PDP complies with Section 3.2.2(L), Parking Stall Dimensions, because all parking spaces meet code standards for minimum width and depth for standard vehicle spaces. j. The PDP complies with Section 3.2.4, Site Lighting, because light fixtures will be fully-shielded and down directional. k. The PDP complies with Section 3.2.5, Trash and Recycling Enclosures, because the PDP includes a new trash enclosure located adjacent to the new rear parking area on a concrete surface, with equal space for trash and recycling containers and separate walk-in access without the need to open the main gates. l. The PDP complies with Section 3.3.1(D)(5), Stormwater Drainage, because the drainage report and stormwater and low impact development stormwater improvements have been reviewed and approved by the City's stormwater staff. m. The PDP complies with Section 3.3.1(D)(5), Streets, Alleys and Paths, because the PDP includes alley improvements from the property's northern boundary south to Magnolia Street, including new alley pavement, gutter/drainage, and a reconstructed alley approach at Magnolia Street. n. The PDP complies with Section 3.3.3, Water Hazards, because the City's floodplain staff has reviewed and approved the PDP, though a floodplain use permit must be issued prior to commencing any construction activities on the site. o. The PDP complies with Section 3.4.7, Historic and Cultural Resources, because no building additions are proposed. p. The PDP complies with Section 3.5.1, Building and Project Compatibility, because the PDP does not include new buildings or additions and the current form of the building is to remain as-is, with minor repair or replacement of existing exterior elements. 3. The PDP complies with the applicable requirements of the Neighborhood Conservation Medium Density (NCM) District contained in Article 4 of the Code. a. The PDP complies with Section 4.8(B), Permitted Uses, because a large group care facility is a permitted use in the NCM District. b. The PDP complies with Section 4.8(D)(1), Required Lot Area, because the group home is located on two parcels totaling 19,000 square feet (0.44 acres), greater than the required minimum 6,000 square foot lot size. c. The PDP complies with Section 4.8(D)(3), Allowable Floor Area, because the existing building contains 1,369 square feet on the rear half of the lot, less than the maximum 3,135 square feet. d. The PDP complies with Section 4.8(E), Dimensional Standards, because the proposal is located on two lots that meet standards for a minimum lot width of 50' for uses 4 6/7/2017 Q:\USERS\FORT COLLINS LAND USE\FFH TRANS HOUSE\DECISION-060717.DOCX other than a single-family home, with a minimum front yard setback of 15', and minimum rear yard setback from an alley of 5'. e. The PDP complies with Section 4.8(F)(2)(a), Building Height, because the structure is two stories. f. The PDP complies with Section 4.8(F)(6), Site Design, because: the PDP includes two concrete driveways located in front of the buildings that will continue to be used for temporary parking, with one space to be converted to a handicap accessible space, adjacent to the ADA-accessible ramp leading to the primary building entrance; and 6 new permanent off-street parking spaces will be located behind the existing building, accessed from a rear alley. 4. The First Modification of Standard (Section 4.8(D)(2)(4), Allowable Floor Area on Lots) meets the applicable requirements of Section 2.8.2(H) of the Code: a. The allowable floor area for uses other than single-family dwellings in the NCM zone district is limited to 40% of the lot area, or 7,600 square feet on a 19,000 square foot lot. The PDP includes an existing building of 8,974 square feet in size. Locating the group home in an existing building that was specifically modified in the past to support group living meets the policies and objectives of the City as outlined in the Affordable Housing Strategic Plan. b. The Modification will not be detrimental to the public good, because the building is an existing non-conforming building built prior to the floor area requirements adopted in 2013, and the PDP does not propose enlargement of the building. 5. The Second Modification of Standard (Section 4.8(E)(4), Minimum Side Yard and Maximum Wall Height) meets the applicable requirements of Section 2.8.2(H) of the Code: a. The existing building meets the minimum 5' side yard setback on the northern boundary, but the southern side yard setback is 8', and the building's setback is only 7'. The requested deviation is minimal. b. The Modification will not be detrimental to the public good, because the building is an existing non-conforming building which was constructed prior to the time the stricter height and setback standards went into effect (in 2013), and no changes that would cause the building to further deviate from the standards are proposed. 6. The Third Modification of Standard (Section 3.8.6(B), Group Home Regulations and Shelters for Victims of Domestic Violence) meets the applicable requirements of Section 2.8.2(H) of the Code: a. Section 3.8.6(B) specifies the maximum number of group home residents as well as minimum separation distances from other group homes. The applicant requests variances from both the maximum number of residents and the separation distance, but this is considered one request for Modification of Standard. 5 6/7/2017 Q:\USERS\FORT COLLINS LAND USE\FFH TRANS HOUSE\DECISION-060717.DOCX b. In the NCM District, the maximum number of residents in a large group care facility based on this PDP is 15. The PDP includes a building that will house up to 21 residents. The existing building was designed and tailored to support communal living and support services as a former domestic violence shelter, containing 16 bedrooms, administrative space, and shared bathroom, kitchen, living, and communal areas. The building already contains more bedrooms than the current Code permits, and correspondence with the prior shelter indicates that it house 20 residents, so the increase will be minimal. In addition, the applicant anticipates that fewer adult residents will reside in the building, because only families with children will be permitted in the group home. c. The Choice House, a group home for adults with mental illnesses, is located approximately 560' from this PDP. The required separation is 1000'. Because the prior domestic violence shelter operated on this property at the same time as the Choice House, no additional adverse impacts would be created by the PDP. In addition, the group home proposed in this PDP will serve families with children, similar to a multifamily development, which is a permitted use in the NCM district and compatible with other uses in the neighborhood. Finally, both group homes maintain screening and on-site management and supervision of residents. d. Based on the foregoing, the granting of both aspects of the Modification would not be detrimental to the public good. ANALYSIS During the hearing, several concerns were raised related to the safety of surrounding residents, nuisance activities and crime. The Applicant and other members of the public addressed this concern, noting that residents are subject to background checks and random drug testing, with no tolerance for violations. Pets other than service animals are not permitted in the group home, and even service animals are unlikely at this location. Volunteers at other programs run by Faith Family Hospitality testified to the safety of those programs. The applicant was amenable to holding periodic neighborhood meetings to evaluate the impact of the group home on the neighborhood. As such, the Hearing Officer finds that any issues relating to safety, nuisances and crime will be adequately addressed. Another concern was raised at the hearing regarding the use of Modifications of Standard rather than amendment of the Land Use Code to specifically accommodate the uses, setbacks and distance requirements necessary to approve this PDP. While the Hearing Officer finds this concern to be valid, the Land Use Code provides a mechanism for the Hearing Officer to approve Modifications of Standard, and the applicant has demonstrated that the applicable criteria have been met in this instance. The final concern raised at the hearing related to the budget of Faith Family Hospitality. The financial health of an applicant is not a criterion that the Hearing Officer may consider in reviewing the PDP. 6 6/7/2017 Q:\USERS\FORT COLLINS LAND USE\FFH TRANS HOUSE\DECISION-060717.DOCX DECISION Based on the foregoing findings and analysis, the Hearing Officer hereby enters the following rulings: 1. The PDP and three Modifications of Standard are approved as submitted. 2. While not a condition of approval, the Hearing Officer recommends that the City and/or the applicant establish a mechanism for periodic neighborhood meetings to evaluate the impact of the group home on the neighborhood. DATED this 7th day of June, 2017. _____________________________________ Kendra L. Carberry Hearing Officer