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HomeMy WebLinkAboutZIEGLER - HARVEST PARK - PDP - PDP120033 - REPORTS - RECOMMENDATION/REPORTHarvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 13 8. Findings of Fact and Conclusion: RECOMMENDATION In evaluating the request for the Harvest Park/Ziegler Project Development Plan, staff makes the following findings of fact: A. The Modification of Standard to Section 3.5.2(D)(2) regarding Setbacks from a Nonarterial Street that is proposed with this P.D.P. would not be detrimental to the public good and the Modification meets the applicable requirements of Section 2.8.2(H)(4). This is because the setback is decreased for only one of the two buildings along the nonarterial street; the setback decrease is between 4'-8" at the maximum and 5" at the minimum. The site is separated from adjacent homes by almost 170' and the addition of trees softens the transition from the streetscape to the dwelling units, all of which deviates from the standard in a nominal and inconsequential way when considered from the perspective of the entire development plan. B. The P.D.P. complies with process located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. C. The P.D.P. is in conformance with the Harvest Park/Ziegler Overall Development Plan. D. The P.D.P. complies with relevant standards located in Article 3 — General Development Standards, provided that the Modification of Standard to 3.5.2(D)(2) is granted. E. The P.D.P. complies with relevant standards located in Division 4.5, Low Density Mixed -Use Neighborhood District (L-M-N) of Article 4 — Districts. ATTACHMENTS: 1. Statement of Planning Objectives 2. Combined Site and Landscape Plans 3. Traffic Impact Study 4. Photometric Plan 5. Architectural Elevations and Perspective Drawings 6. Ecological Characterization Study 7. Harvest Park/Ziegler Overall Development Plan 8. Modification of Standard Request 9. Notes from October 25, 2012 Neighborhood Meeting Harvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 12 Opposite the project is Parcel A associated with the Harvest Park ODP, where commercial or multi -family development is proposed. A consistent streetscape can be established at the time of the development of Parcel A. B. The request satisfies Criteria 4 set forth in Section 2.8.2(H) of the Land Use Code: 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. As noted above, the purpose of the setback is to provide a consistent streetscape with private open space in front of residential homes. A consistent streetscape does exist west of the parcel but the site is separated from that streetscape by the HOA's detention pond by almost 170'. The curvature of County Fair Lane is required by the Engineering Department to meet the Larimer County Urban Area Street Standards. Because of this curvature, Building A's setback ranges from 10'-4" to 14'- 7", which is a nominal deviation from the 15' standard. Street trees and landscaping are provided in front of Building A to help soften the transition between the street and dwelling unit. Finally, the Land Use Code has conflicting standards, and the 2013 Land Use Code changes (which have been recommended by the Planning and Zoning Board and will be heard by City Council on July 2) proposes to resolve the conflict by removing the 15' setback requirement for multi- family dwellings. 7. Neighborhood Meeting: A neighborhood meeting was held on October 25, 2012 for this PDP and related ODP (see attached meeting notes). Approximately 20 residents attended and commented on the proposed building architecture and height, developer providing landscaping for the adjacent Harvest Park detention pond, future uses on the north part of the site, and parking. Since the neighborhood meeting, a landscape plan has been reviewed by the Harvest Park HOAs, which have given their support for the proposed landscaping. This landscaping consists of 7 trees that would be provided and installed by the developer of this property on the east perimeter of the Harvest Park detention pond, to enhance the appearance of the pond. The proposed architecture and building height (2-1/2 stories) remain the same. Additional parking spaces have been provided on the site and are located between the two buildings closest to Ziegler Road. Harvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 11 • While shown on the site plan as a single wall line, there are offsets in the upper 2nd floor wall lines that would add to the offset setback line average, beyond the minimums listed. • There would be no harm or detriment to neither the general public nor surrounding development. • There would be no compromise to the design standards that would not be met or provided • Elsewhere within this development, this project is an in -fill site that had certain design constraints, including the new County Fair Lane alignment, sensitive natural areas, habitat buffer areas, contiguous development on all sides, etc. • The shifting of the Northwest Corner building `a' would result in a reduction of the south side natural areas buffer zone. We respectfully request the plan be approved with the modification request, as noted. Please contact If further clarification is required or needed. Staff Finding There are conflicting standards within the Land Use Code. Section 3.5.2(D)(2) requires that multi -family dwellings be setback 15' from a nonarterial street. Section 3.8.30 does not require multi -family dwellings be setback from an nonarterial street. Section 1.7.2 Conflict with Other Laws outlines a procedure for resolving conflicts within the Land Use Code. This standards is as follows: Except as is provided in Section 3.1.2, if the provisions of this Land Use Code are internally conflicting or if they conflict with any other statute, code, local ordinance, resolution, regulation or other applicable Federal, State or local law, the more specific standard, limitation or requirement shall govern or prevail to the extent of the conflict. If neither standard is more specific, then the more stringent standard, limitation or requirement shall govern or prevail to the extent of the conflict. As both standards are equally specific, the 15' setback in Section 3.5.2(D)(2), which is more stringent, prevails. Thus, a Modification of Standard request has been submitted and evaluated by staff. Staff finds that the request for a Modification of Standard to Section 3.5.2(D)(2) Setback from a Nonarterial Street is justified by the applicable standards in 2.8.2(H) for Building A. This is because: A. The granting of the Modification would not be detrimental to the public good. The purpose of the standard is to provide a consistent streetscape. The project is separated from the adjacent residential development by the Harvest Park Development's detention pond. Harvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 10 6. Request for Modification The applicant requests a modification to Section 3.5.2(D)(2) of the Land Use Code to reduce the nonarterial street setback (front yard) from 15' to 9'. This section of the Land Use Code reads as follows: 3.5.2(D)(2) Setbacks from a Nonarterial Street: Minimum setback of every residential building and of every detached accessory building that is incidental to the residential building from any public street right-of-way other than an arterial street right-of-way shall be fifteen (15) feet. Setbacks from garage doors to the nearest portion of any public sidewalk that intersects with the driveway shall be at least twenty (20) feet. Applicant's Request: The following is the applicant's written request: Request for modification of standards: Section 2.8.2(14)(4): the plan as submitted will not diverge from the standards of the land use code.... Except in a nominal, inconsequential way when considered from the perspective of the entire development plan.' This is specific to the L-M-N development standard for a minimum of a 15' building setback along a local street for multi -family residential housing project. Statement of issues: • The project has 4 buildings total, of which, 3 of the 4 have frontage along streets. 2 of the 3 Buildings comply with the required setbacks. Building `a' in the northwest corner of the site, facing north to County fair lane has less than a 15'setback. • There are conflicting development standards that allow for no setback requirements for Multi -family buildings, while another section of the standards is different, requiring a 15' Setback. • The fronting street is county fair lane. As proposed, it will be constructed with up to 7different property line dimensions, metes & bounds lines, that is 2 straight line tangents and 5 offsetting radii. That is the street will not be constructed in a straight line, it will not have a linear/parallel property line, relative to the straight building walls. • The northwest building 'a' has a varying elevation/facade offset, as required by other design standards in the code. This variation provides for a separation of a maximum of 14'-7" (west corner), to a minimum of 10'- 4 , (east corner). The east building `d ; along the same County Fair Lane frontage varies from a minimum of 17'-4" to a maximum of 42'-6". This allows for an overall average setback of over 23, from County Fair Lane for both buildings, exceeding the minimum required significantly. Harvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 9 consistent with the standards contained in Part II of the City of Fort Collins Multi -modal Transportation Level of Service Manual. • An estimated 172 additional trips are estimated to be generated from the multi -family development, with 15 morning peak hour trips and 17 afternoon peak hour trips (see Attachment 3). The Traffic Study indicates the key intersections operate at an acceptable level and that the development of this site is feasible from a traffic engineering perspective. The site is served Transfort Routes 16 and 17, which are within walking distance of the proposed project. • The Traffic Study does recommend that with the City conduct an evaluation of the need for a northbound right -turn lane on Ziegler Road approaching Saber Cat Drive (Fossil Creek High School entrance) and consider designating this portion of Ziegler Road as a reduced speed limit school zone. N. Section 3.8.30 - Multi -Family Dwelling Development Standards The Multi -Family Dwelling Development Standards include some of the same standards as required in the L-M-N Zone District. The additional standards of this section of the code are: 1. Access to a park, central feature or gathering place — at least 90% of the dwellings must be located within '/a mile (without crossing an arterial street) of a neighborhood park, privately owned park or central feature or gathering place that is within or adjacent to the development. The site is located within '/a mile of Harvest Park, located on Corbett Drive, a pocket park on County Fair Lane, and the open space and trail along the south side of McClelland's Creek, in Sage Creek. 2. Design standards for multi -family dwellings — Developments containing between 3 and 5 buildings must have at least two distinctly different building designs. For a multi -family development containing between 40 and 56 units, there must be at least two distinct color schemes used on the building of the development. The PDP contains 4 buildings, with two different designs. There are two proposed color schemes: one for the 6-plex and one for the 5-plex buildings. Harvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 8 sidewalk. Building B, then, is required to have a connecting walkway, which is provided on the west side of the lot line in both a formal concrete sidewalk and an informal, crusher fines path. • Both Building A and Building D have a front fagade facing County Fair Lane in compliance with Section 3.5.2(D)(2) of the Land Use Code. • The multi -family dwellings are setback from Ziegler road by 30' (Section 3.5.2(E)(1) of the Land Use Code). The applicants have requested a modification to the front yard setback requirements (see page 10 below). A minimum 5' setback has been provided on the side and rear yards (Section 3.5.2(D) of the Land Use Code). • All garage doors face the internal private drive and do not detract from the County Fair Lane or Ziegler Road streetscape (Section 3.5.2(F) of the Land Use Code. D. Division 3.6 — Transportation and Circulation 1) 3.6.3 Street Pattern and Connectivity Standards: • With an extension of County Fair Lane, the street system around this site will be completed. The extension is a requirement by the City in accordance with Section 3.6.3(C) of the Land Use Code, which requires that local streets intersect with arterial streets at intervals not to exceed one thousand three hundred twenty (1320) feet when full - movement. The distance between Rock Creek Drive and Sage Creek Road is at two thousand (2000) feet such that the extension of County Fair Lane onto Ziegler Road in between is needed to meet this code criterion. • Access into the site will be via a private driveway from County Fair Lane. A sidewalk will be constructed along the south side of the street and along the site's east frontage on Ziegler Road, providing connectivity for pedestrians. Ziegler Road has bike lanes, while bike traffic on County Fair Lane will be on -street, providing connectivity for bicyclists. 2) 3.6.4 Transportation Level of Service Requirements: • The Traffic Operations and Engineering Departments have reviewed the Transportation Impact Study and have determined that the vehicular, pedestrian and bicycle facilities proposed with this P.D.P are Harvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 7 • To meet the standards associated with Section 3.4.1, the project has proposed to apply the performance standards contained in Section 3.4.1(E) of the Land Use Code. The proposed buffer zone averages between 78 and 101' feet from the McClelland's Creek outer limits of riparian vegetation (a top of bank does not exist on this site) for a total buffer zone of 27,368 square feet (or .628 acres). • The project meets the standards in Section 3.4.1 by incorporating the following elements into the design: o No fencing is proposed between the creek and the development, which will allow for wildlife movement across the site (Section 3.4.1(E)(1)(b)). o The project is designed to preserve existing trees, and when the trees must be mitigated, a portion of the mitigation trees are native species and are planted in the adjacent detention pond, which the Harvest Park HOA has been restoring to be more beneficial to native species (Section 3.4.1(E)(1)(c)). o The project presences the existing riparian vegetation and enhances the vegetation by providing additional trees, shrubs, and native grasses to enhance the value of the creek as a wildlife corridor (Section 3.4.1(E)(1)(g)). o There is no light spillover into the buffer zone to minimize impacts to the area as a wildlife corridor (Section 3.4.1(E)(1)(e)). o Where the buffer area proposed is less than 100', the applicants have incorporated native plantings and extensive screening to ensure that the ecological value of the McClelland's Creek corridor is protected to the maximum extent feasible. C. Division 3.5 — Building Standards • The proposal includes materials, buildings in size, bulk, mass, and scale, and colors that are consistent with the surrounding neighborhood. • The L-M-N Zone District only requires a mix of housing types when a project exceeds 20 acres in size, thus Section 3.5.2(C) does not apply to this project. • Section 3.5.2(D)(1) requires that every front fagade with a primary entrance shall face the adjacent street to the extent reasonably feasible. If this cannot be achieved, a connecting walkway shall be provided when the primary entrance is more than 200' from a street Harvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 6 accessible spaces. Parking requirements are 1.75 spaces per 2- bedroom and 2.0 spaces per 3-bedroom units, for a total of 41 spaces. The project is providing 52 parking spaces. • Bicycle parking is required at the rate of one space per bedroom, or a total of 52 spaces, of which 31 must be enclosed and 21 must be in fixed racks. There are 32 spaces provided in the buildings and two bike racks of 12 spaces near the 5-plex buildings, for a total of 56 bicycle parking spaces. • Parking lots are required to be setback from arterial streets by 15 feet. The parking lot setback along Ziegler Road exceeds the required setback (Section 3.2.2(J) of the Land Use Code). 3) 3.2.4 Site Lighting • There are no illumination levels that exceed 10 foot-candles on -site, or one -tenth (0.1) foot-candle as measured 20 feet beyond the property line, so the PDP complies with the lighting standard. • The lighting plan also illustrates that no light will spill over into the buffer zone, in compliance with Section 3.2.4(D)(6) of the Land Use Code. 4) 3.2.5 Trash and Recycling Enclosures • Trash and recycling containers will be provided for each unit, rather than one central enclosure. B. Division 3.4 — Environmental, Natural Area, Recreational and Cultural Resource Protection Standards • The project's Ecological Characterization Study reports that the Harvest Park/Ziegler site is just north of McClelland's Creek. A Natural Habitat Buffer Zone is proposed to buffer the development from McClelland's Creek. The standard buffer requirement for McClelland's Creek is 100', as it is a tributary to Fossil Creek (Section 3.4.1(E)(1) of the Land Use Code). The site's habitat value is largely contained within the creek corridor, which was recently restored. The site has also been evaluated for Threatened and Endangered species and no suitable habitat was observed on the site. Harvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 5 arbor wall, planted with purple clematis vine will provided a unique feature, with the arbor made of galvanized metal and stained and sealed wood. A rain garden is proposed at the west side of the site and includes a 20" high stone seating wall. • The proposal complies with Section 3.2.1(D)(3) in that no one species of the proposed 55 trees on the development plan exceeds 25% of the total trees on -site, or 14 trees. The most of any one species, the Chanticleer Pear (Pyrus calleryana `Chanticleer'), is 9 trees. • Section 3.2.1(E) is complied with in that the parking lot interior landscaping (required for areas with 6 spaces or more) for the larger parking area is met by the islands at the entrance to this parking area. The perimeter of the eastern -most parking area is screened by three Austrian Pines and lilac and dogwood shrubs. • Section 3.2.1(E)(3) is complied with by the overall water budget of 11.25 gallons per square feet, which is less than the 15 gallons per square feet allowed. • The City Forester has inventoried the existing trees and a tree mitigation plan has been provided by the applicant in accordance with Section 3.2.1(F) of the Land Use Code. All of the existing trees on the site were evaluated by the City Forester. Most of the trees are on the northern portion of the property which is a future phase of development; however, tree removal and mitigation is proposed to take place with this first phase of development. Of the 43 existing trees, 10 will be protected and 33 will be removed. In addition, there are nuisance trees and shrubs that are proposed to be removed that require no mitigation. The trees being removed that are not nuisance trees will be replaced by 12 upsized mitigation trees. Seven of the mitigation trees will be planted along the eastern perimeter of the Harvest Park detention pond, which is to the west of this site. 2) 3.2.2 Access, Circulation and Parking: • The site's access will be from a private drive off of the extension of County Fair Lane to Ziegler Road. The private drive runs between the four buildings, which have parking spaces at grade in each of the buildings. The 6-plex buildings have 10 spaces each, while the 5-plex buildings have 8 spaces each for a total of 36 parking spaces. Another 16 spaces are provided between the buildings, two of which are Harvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 4 B. Section 4.2(D) — Land Use Standards 1) As the parcel is less than 20 acres (including the area within the CDP), Section 4.2(D)(1) requires that development shall have an overall minimum average net density of three dwelling units and that the maximum density not exceed nine dwelling units per gross acre. This project proposed 22 units over 2.71 acres, for a density of 8.1 dwelling units/gross acre, which is in compliance with the standard. 2) The mix of housing types does not apply to this project, as it is less than 20 acres; however, the applicants have provided two housing types for the project. C. Section 4.2(E) — Development Standards 1) The entire project is less than 12 acres and thus, the block size standards do not apply. The frontage along County Fair Lane is 269.14', so a mid -block connection is not required. 2) No multi -family building exceeds 2.5 stories in height (Section 4.2(E)(3) of the Land Use Code). As the multi -family dwellings containing five and six units and do not exceed 2.5 stories, the design standards for multi -family dwellings do not apply (Section 4.2.(E)(4) of the Land Use Code). However, the roof lines are articulated and building facades are articulated so that no blank walls are present. The proposed colors are muted tones and are intended to blend with the surrounding development and landscape. 5. Compliance with Applicable General Development Standards: The project complies with all applicable General Development Standards, with the following relevant comments provided: A. Division 3.2 — Site Planning and Design Standards 1) 3.2.1 Landscaping and Tree Protection: • Street trees will be planted in the parkways along County Fair Lane (extended) and Ziegler Road, with the exception of the area in the sight distance triangle near the driveway entrance into the site. Tree and shrub plantings will be made in the natural habitat buffer zone near the southern end of the site, to enhance this area. Foundation plantings are provided around the four buildings. A living Harvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 3 2. Compliance with CitV Plan: The proposed project complies with the Low Density Mixed -Use Neighborhood policies outlined in City Plan by providing 8.1 dwelling units per acre and a mix of housing types. The project also protects McClellands Creek with a buffer between the development and the resource (Policy ENV 1.1) and includes low impact development techniques (ENV 19.2). 3. Compliance with Overall Development Plan: The proposed PDP is consistent with the Harvest Park/Ziegler Overall Development Plan (ODP) in terms of land use and density; access, circulation and connectivity; natural features; and the drainage basin master plan. As required during the ODP review, the maximum density of any phase of an ODP shall be 12 DU/gross acre. The proposed PDP is in compliance with this density requirement, with a proposed gross density of 8.1 DU/acre (see table below). Harvest Park/Ziegler PDP Units Gross Area Gross Density Net Area* Net Density PDP — 22 units 2.71 acre 8.1 DU/acre 2.09 acre 10.5 DU/acre Harvest Park/Ziegler ODP ODP - 36 units 4.03 8.9 DU/acre 3.07 acre 11.7 DU/acre Required minimum density 3 DU/acre Maximum ODP density 9 DU/acre *Net area excludes public right-of-way (County Fair Lane, Ziegler Road) 4. Compliance with Applicable L-M-N Land Use and Development Standards: The Harvest Park/Ziegler PDP is in compliance with the applicable land use and development standards of the L-M-N district, including the following: A. Section 4.5(B)(3) — Permitted Uses The proposed Harvest Park/Ziegler PDP consists of 22 multi -family units in 5 and 6-plex building configurations. Multi -family dwellings of up to 8 units per building are permitted in the L-M-N district subject to administrative review. Harvest Park/Ziegler Project Development Plan - PDP #120033 Administrative Hearing July 1, 2013 Page 2 Channel and related buffer. Tree mitigation will include the planting of seven trees on the adjacent Harvest Park detention pond to the west of the site. The approval of the Harvest Park/Ziegler Project Development Plan complies with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically: • The P.D.P. complies with the process located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. • The Modification of Standard to Section 3.5.2(D)(2) that is proposed with this P.D.P. meets the applicable requirements of Section 2.8.2(H), and the granting of this Modification would not be detrimental to the public good. • The P.D.P. complies with relevant standards located in Article 3 — General Development Standards. • The P.D.P. complies with relevant standards located in Division 4.5, Low Density Mixed -Use Neighborhood District (L-M-N) of Article 4 — Districts. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: L-M-N; vacant (Phase A of Harvest Park/Ziegler ODP) E: L-M-N; Fossil Ridge High School, future Southeast Community Park S: L-M-N; Sage Creek open space, existing multi -family W: L-M-N; Harvest Park detention pond The site was annexed into the city as part of the 7.3 acre Weiner Enclave Annexation in 2007, along with the property to the north, and was zoned L-M-N. The site was used as a concrete company office and equipment yard for a number of years by Express Concrete, Osborn Concrete and Pierson Concrete. A single-family house on the site was demolished in December 2012. The property is also known as 5305 Ziegler Road. City of Fit Collins ITEM NO 2 MEETING DATE July 1, 2013 STAFF Ex ADMINISTRATIVE HEARING PROJECT: Harvest Park/Ziegler Project Development Plan — PDP #120033 APPLICANT: Steve Steinbicker Architecture West, LLC 4710 South College Avenue Fort Collins, CO 80525 OWNER: DP Investment Group, LLC 4640 Withers Drive Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request for a Project Development Plan (PDP) located at the west side of Ziegler Road, south of the intersection of Saber Cat Drive and Country Fair Lane extended. The site is 2.71 acres in size and is zoned L-M-N Low Density Mixed -Use Neighborhood. The PDP is the first phase of a two-phase Overall Development Plan (ODP) and consists of 22 multi -family dwelling units on 2.71 acres. The project has requested a Modification of Standard to the Land Use Code to allow for a decreased front yard setback along County Fair Lane (from the standard 15' to a minimum of 10'-4"). This request will be reviewed by the Hearing Officer in accordance with the standards of Section 2.8.2(H) of the Land Use Code. RECOMMENDATION: Approval of Harvest Park/Ziegler Project Development Plan, PDP #120033, Modification of Standard to Section Modification of Standard to Section 3.5.2(D)(2) Setback from Nonarterial Streets. EXECUTIVE SUMMARY: This Project Development Plan is 2.71 acres in size and is zoned L-M-N Low Density Mixed -Use Neighborhood. This is the first phase of a two-phase ODP and proposes 22 multi -family units in four buildings: two 6-plex and two 5-plex buildings. Access to the site will be from an extension of County Fair Lane to Ziegler Road. The southern portion of the site includes the 100-year floodplain for the McClelland's Creek Planning Services 281 N College Ave — PO Box 580 — Fort Collins, CO 80522-0580 fcgov.com/developmentreview/ 970.221.6750