Title
A Development Standards Adjustment to City Code Section 7.3.301.D.3(a) to allow a Tiny House to be separated five (5) feet from an adjacent Residential or Mixed-Use zone district where ten (10) feet is required located at 3103 North Prospect Street.
(Quasi-Judicial)
Presenter:
William Gray, Senior Planner, City Planning Department
Kevin Walker, Director, City Planning Department
Body
Summary:
Owner: We Fortify
Representative: John Olson, Urban Landscapes and Shelly Jensen, We Fortify
Location: 3103 North Prospect Street
Council District 5
A Tiny House Community consisting of 18 tiny houses, a community meeting and storage building, off-street parking, landscaping, and private green space. The project includes the following applications: a Rezoning from R-5 (Multi-Family High) to R-Flex High; a Conditional Use and Development Plan for a Tiny House Community; and development standard adjustments to reduce setbacks from public streets from 20-feet to 10-feet, setbacks from adjacent residential and mixed-use districts from 10-feet to 5-feet, parking requirement reduction from one (1) space per tiny house to a 1/2-space per tiny house, minimum lot area per tiny house from 1,000 square feet to 690 square feet, and minimum separation of Tiny Homes from 10-feet to 6-feet
Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed applications.
Review Criteria:
DVSA-24-0004 - Prospect Village (Separation from Adjacent Residential or Mixed-Use District)
The Criteria for Approval for DVSA-24-0004, Development Standards Adjustment, as set forth in City Code Section (UDC) 7.5.525.E are indicated below:
1. The alternative design achieves the intent of the subject standard to the same or better degree than the standard for which a waiver is requested;
2. When considered together with compensating benefits, the alternative design advances the goals and policies of this UDC to the same or better degree than the standard for which a waiver is requested;
3. The alternative design imposes no greater impacts on adjacent properties that would occur through compliance with the specific requirements of this UDC; and
4. The alternative design provides compensating benefits that are reasonably related to the proposed waiver and would not otherwise be required by this UDC or State law. Compensating benefits may include one or a combination of the following:
a. Benefits to the general public:
(1) Parks, trails, or other similar public or cultural facilities;
(2) Public landscape buffers or beautification areas;
(3) Public art;
(4) Permanent conservation of natural areas or lands;
(5) Increased building setbacks;
(6) Decreased building height; or
(7) Other benefits as agreed upon by the Planning Commission.
b. Benefits the users, customers, or residents of the proposed development:
(1) Green space or public open space, trails, or other similar recreational amenities;
(2) Upgrades in architectural design;
(3) Increased landscaping;
(4) Increased buffering;
(5) Permanent conservation of natural areas or lands;
(6) Secure bicycle facilities, where appropriate; or
(7) Other benefits as agreed upon by the Planning Commission or City Council.
The City Planning Staff finds the Criteria for Approval of UDC Section 7.5.525.E applicable to a Development Standards Adjustment are met with this application.
Previous Council Action:
N/A
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission, at their March 12, 2025, meeting voted unanimously (6-0) to approve each of the applications related to Prospect Village - A Tiny House Community. Vice Chair Foos and Commissioners Cecil and Casey were absent from this meeting. The applications reviewed by the Planning Commission with a recommendation of approval to City Council are as follows:
ZONE-24-0017 Zone Map Amendment (Rezoning) R-5 to R-Flex High
CUDP-24-0014 Conditional Use Tiny House Community Land Use
DEPN-24-0123 Development Plan Tiny House Community Development
DVSA-25-0001 Development Standards Adjustment Tiny Home Minimum Lot Area
DVSA-24-0004 Development Standards Adjustment Separation from Adjacent Residential
DVSA-24-0005 Development Standards Adjustment Separation from Public Right-of-Way
DVSA-24-0006 Development Standards Adjustment Tiny Home Parking
DVSA-24-0011 Development Standards Adjustment Tiny Home Separation
Two (2) citizens spoke, one (1) in-support and the other opposed the applications. The testimony in support expressed a desire for the project to serve seniors in the community and thought it would be a good fit in the neighborhood. The comment in opposition to the application stated strongly that the application needed to be developed in accordance with the standards and requirements of the R-5 zoning district. Please refer to the minutes from the hearing for a detailed record.
Recommended Action
Proposed Motions:
DVSA-24-0004 - Prospect Village (Separation from Adjacent Residential or Mixed-Use District)
1. Motion to Approve
Approve the Development Standards Adjustment to City Code Section 7.3.301.D.3(a) to allow a Tiny House to be separated five (5) feet from an adjacent Residential or Mixed-Use zone district where ten (10) feet is required located at 3103 North Prospect Street, based upon the findings that the request complies with the criteria for a Development Standards Adjustment as set forth in City Code Section 7.5.525.E with the following condition:
1. Development Standard Adjustment applies only to Lot 1, Prospect Village.
2. Motion to Deny
Deny the Development Standards Adjustment to City Code Section 7.3.301.D.3(a) to allow a Tiny House to be separated five (5) feet from an adjacent Residential or Mixed-Use zone district where ten (10) feet is required located at 3103 North Prospect Street, based upon the findings that the request does not comply with the criteria for a Development Standards Adjustment as set forth in City Code Section 7.5.525.E.
Summary of Ordinance Language
An ordinance amending the zoning map of the City of Colorado Springs relating to 0.78 acres located at 3103 North Prospect Street from R-5 (Multi-Family High) to R-Flex High.