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HomeMy WebLinkAboutMELDRUM STREET TOWNHOMES - MODIFICATION OF STANDARD - 8-09 - REPORTS - RECOMMENDATION/REPORT (3)t.t the proposed plan, as by a plan that conforms to 4.9(D)(5) and interrelated standards for density, height and setbacks. RECOMMENDATION: Staff recommends approval of Meldrum Street Townhomes (221, 223, 225 and 227 North Meldrum Street), Request for Modification to Standard Section 4.9(D)(5), #8-09, subject to the following two conditions: 0 1 .1. At the time of submittal of a P.D.P., the exterior side elevations of the three story module shall demonstrate window placement of sufficient height above floor level 3' to protect the privacy of the two adjoining properties; and p 2. At the time of submittal for a P.D.P., the two side yards " must be designed in a manner that considers the transition between uses that are different in visual character by use of landscaping, fencing or in any combination, and that such design, to the maximum extent feasible, considers the input of the two adjoining property owners. / n Ll o S ' a �/ XJ _ 11 equal to or better than a plan that would otherwise comply with all the pertinent standards. 7. Neighborhood Meeting: As a land use permitted in the N-C-B subject to Administrative Review, a City - sponsored neighborhood meeting is not required. A neighborhood meeting, however, was held on May 4, 2009. A variety of viewpoints were expressed and a summary of the meeting is attached. 8. Findings of Fact: In evaluating the request for Meldrum Street Townhomes, Modification of Section 4.9(D)(5), and in fulfillment of the requirements of Section 2.8.2(H)(1), Staff makes the following findings of fact: A. The stand-alone Modification is submitted a proposed plan that is expected to be submitted as a P.D.P. in the near future. B. Meldrum Street divides the Downtown zone - Civic Center sub- district and the Neighborhood Conservation Buffer zone. B. The West Side Neighborhood Plan envisions multi -family housing in the East Buffer Area but that such housing must meet the test of being sensitive to the existing residential character of the neighborhood. C. The plan, as proposed, complies with Section 3.4.7(F) by providing front elevations that are similar to the existing structure that has the potential of being determined to be individually eligible for local landmark designation. In addition, the taller portions of the structures are located interior to the site thus preserving the character of the block face D. A Modification to 4.9(D)(5), a floor area ratio standard for the rear portion of the subject property, is warranted under Section 2.8.2(H)(1) of the Land Use Code. The granting of the modification would not be detrimental to the public good, and 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. The general purpose of Section 4.9(D)(5) is to preserve fundamental as of the original neighborhood pattern while allowing a degree of intensification and redevelopment in this transitional buffer zone. This purpose is met as well or better by 10 and has served as a transition zone between the residential core neighborhood and the business zones to the east. This area has experienced some change from single family residential to multi -family residential, office, and commercial uses. Is The project is located within this linear transition zone and formerly zoned R-H, High Density Residential. The West Side Neighborhood Plan goes on to state: "A defined buffer area would be useful between the residential portions and the downtown business district to provide a true mixed -use transition area between the single family residential core and the higher intensity business uses of the downtown." "East Buffer Area — This sub -area is located between WSN and downtown. The East Buffer Area should be a transition area between the residential portion of the neighborhood and the high intensity uses of the downtown. The transition should be made in terms of the uses and scale of development that is encouraged through redevelopment. " "Allow multi -family redevelopment (new construction) up to 24 units per acre with architectural review." The proposed P.D.P. consists of two six -unit buildings for a total of 12 units on .52 acre which equals 23 dwelling units per acre. Staff finds that from a land use perspective, new multi -family development fits the purpose of the N-C-B zone well, with precisely the kind of land use envisioned for the buffer area. The central issue, however, is whether or not new development implements this vision in a sensitive manner that maintains the residential quality and character adjacent to the residential core area of the West Side Neighborhood. Staff interprets the guidance from the WSNP as a test where the bar of quality has been set high. The design attributes demonstrated by having less than the maximum allowable density, less than the maximum allowable building height, exceeding the minimum lot width and exceeding the required setbacks, and responsive proportioning of the building mass are convincing to Staff. These features, which contribute to the proposed F.A.R. of 66.9% result in a proposed overall plan 0 F. Section 3.5.1(H) requires that when land uses with significantly different visual character are proposed adjacent to each other and where gradual transitions are not possible, the development plan shall, to the maximum extent feasible achieve compatible through consideration of scale, form, materials and colors and adoption of operational characteristics. In order provide for a compatible transition, the side yard treatment in the form of fencing, landscaping, or any combination thereof must be designed to the mutual satisfaction of the two affected properties. Since the Modification does not provide this level of detail, Staff recommends a second condition of approval: At the time of submittal for a P.D.P., the two side yards must be designed in a manner that considers the transition between uses that are different in visual character by use of landscaping, fencing or in any combination, and that such design, to the maximum extent feasible, considers the input of the two adjoining property owners. G. The building is 32 feet in height at the highest point of the three- story module. This is below 40 feet so the height analysis requirements of Section 3.5.1(G) are not required. A shadow analysis, however, has been submitted and indicates that the impact on the property to the north is equivalent to the hypothetical two story building that is described on Exhibit B. H. Impacts on adjoining yards are mitigated by setbacks in excess of standards. The N-C-B, N-C-M and N-C-L districts were created to implement the vision and policies of the East and West Side Neighborhood Plans. The West Side Neighborhood Plan was adopted in 1989. (For background, both the Neighborhood Plan and zone districts were adopted prior to adoption of City Plan. The zone districts were carried over into the Land Use Code without alteration.) The WSNP, and zone district standards, clearly envisioned a degree of intensification and redevelopment, and acknowledges the transitional and buffering function for development projects along the interface between downtown and the residential neighborhoods. For example, the Westside Neighborhood Plan states: "A large linear zone of R-H, High Density Residential, borders the east boundary of the WSN. This zone extends from just short of Lee Martinez Park on the north to CSU on the south 8 6. Evaluation of the Applicant's Request: Staff has evaluated the applicant's request against the criteria provided in Section 2.8.2(H) of the Land Use Code. Specifically, Staff offers the following for the Hearing Officer's consideration: A. While the proposed plan implements several important Westside Neighborhood Plan and City Plan policies, implementation must be sensitive and well -designed to meet other compatibility objectives. B. From a neighborhood context perspective, the surrounding area contains a mix of uses and structures. There are commercial buildings in close proximity to residential buildings (City Hall West, Kennedy Automatic Transmission and two vacant commercial buildings.) There is also a mix of building mass, scale and building character. For example, there is a two and one-half story multi- family building two lots to the north on the same block face. C. Section 3.5.1(C) requires that larger buildings be articulated and subdivided into massing that is proportional to the mass and scale of other structures on the same block face or across the street. While the proposed buildings are more massive than houses on the two adjoining properties, this greater mass is allowed as part of the transition function envisioned by the N-C-B zoning; and this mass is subdivided into three smaller modules in each building, each with its own distinct articulation. D. The building square footage and mass is allocated and shaped for its relationship to the street, adjacent houses, which pushes building space toward the rear of the property. E. Section 3.5.1(D) requires that new development shall minimize infringement on the privacy of adjoining land uses. In order to mitigate impacts on privacy, window placement must be carefully considered so that sight lines do not unduly intrude on the rear yards of the neighboring properties. Since the Modification request does not provide this level of detail, Staff recommends a condition of approval: At the time of submittal of a P.D.P., the exterior side elevations of the three story module shall demonstrate window placement of sufficient height above floor level to protect the privacy of the two adjoining properties. 7 Height Stories Height Feet Standard Proposed One Less 18' 5' 10.25' Two (Front) 22' 7' 12.25' Two (Rear) 22' 7' 18' Three 32' 12' 12.25' , As can be seen by the table, in all cases, the proposed building exceeds the minimum required side yard setback. Further, the second floor module in rear of the lot is stepped back from the first floor by 7.75 feet. 6. Section 4.9(E)(2)(a) — Maximum Building Height This standard sets a maximum building height of three stories. As proposed, the building features a two-story module in the front, a three-story module in the middle and a combination one and two- story module in the rear which is less than the allowable maximum. In summary, Exhibit A illustrates how the proposed plan exceeds minimum standards. Exhibit B depicts how the proposed plan is less massive when contrasted with what would be allowed by the standards versus what is being proposed. The applicant contends that the Modification to allow a greater F.A.R. on the rear 50% of the lot, when combined with the other site design attributes that exceed applicable requirements, results in an overall plan that is equal to or better than a plan that would otherwise would comply the standards. 5. Review of the Modification Criteria — Section 2.8.2(H): The citation for the applicable review criteria for a Modification is as follows: "(H) Step 8 (Standards): Applicable, and the decision maker 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. M E. Section 2.8.2(H)(1) — Equal to or Better Than The applicant contends that the proposed plan would be equal to or better than the alternative plans that would otherwise comply with the standard. To illustrate this contention, the applicant has provided two exhibits which demonstrate how the project exceeds minimum standards (Exhibit A) and favorably contrasts with a project that would comply (Exhibit B). 1. Section 4.9(D)(1) — Density This standard requires that the minimum lot area shall be equivalent to the total floor area of the building. A building that complies with this standard could contain up to 22,895 square feet. As proposed, the two buildings contain 19,978 square feet which is less than what would otherwise be allowed. 2. Section 4.9(D)(6)(a) — Minimum Lot Width This standard requires that the minimum lot width for two principal multi -family buildings shall be 50 feet. As proposed, the two principal multi -family buildings would be on a lot that is 120.5 feet which exceeds the minimum requirement. 3. Section 4.9(D)(6)(b) — Minimum Front Yard Setback This standard requires that the minimum front yard setback shall be 15 feet. As proposed, the project provides a 15-foot setback for both buildings which equals the minimum standard. 4. Section 4.9(D)(6)(c) — Minimum Rear Yard Setback This standard requires that the minimum rear yard setback shall be five feet from an existing alley. As proposed, the project provides a 28-foot setback which exceeds the minimum requirement. 5. Section 4.9(D)(6)(d) — Minimum Side Yard Setback This standard requires that the minimum side yard setback shall be five feet for interior side yards. In addition, whenever a building exceeds 18 feet in height, the portion that exceeds 18 feet shall be further set back an additional one foot for each two feet of height. As proposed, the building features the following heights and side yard setbacks: 5 As a result, the applicant appealed to the Building Review Board for a variance to provide zero units with handicap accessibility. This appeal was based on undue hardship in complying with the standard. The appeal was denied. Accordingly, the buildings have been redesigned so that one handicap accessible unit is located at the front of each building. In order to accommodate the requirements for handicap accessibility, particularly with regard to the interior living space, the square footage of these two units have increased. This has the effect of moving the remaining building square footage associated with the other units further toward the rear of the lot. C. Consistency With City Plan Policies The applicant has cited the Westside Neighborhood Plan, and its land use and housing policies for the (East Buffer Area,) as supporting documentation for the overall concept of the project. In addition, the applicant has cited several City Plan policies that are accomplished by the proposed P.D.P. These policies relate to infill redevelopment, density and buffering for the high intensity downtown uses. It is the applicant's contention that these policies form a solid basis for the project as it relates to land use transition, housing type, location and density. D. Local Landmark Designation The single family home next door to the north may be determined to be individually eligible for local landmark designation although at this time, it has not been so designated. In order to address the requirements of Section 3.4.7(F) — Historic and Cultural Resources — New Construction, the two front elevations along Meldrum Street feature: • two stories in height; • pitched roofs; • covered porches; • masonry chimneys; • connecting walkways to the public sidewalk; • 15-foot front setbacks to match the contextual setback along the block face; • primary building entrances facing the street; • taller portions of the structures will be located interior to the site. 4 3. Review of the Standard — N-C-B - Section 4.9(D)(5): The citation is as follows: (D) Land Use Standards. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of thirty- three hundredths (0.33) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. 4. Summary of Applicant's Request: The applicant has provided a narrative and exhibits describing the request to increase the F.A.R. on the rear one-half of the lot to 66.9% which means an additional 3,880 square feet (see attached). In summary, the applicant asks the Hearing Officer to consider the following: A. Applicant's Narrative - Old Town Floodplain The site is located within the Old Town Floodplain (as designated by the City of Fort Collins, not the Federal Emergency Management Agency). Consequently, the site is subject to the regulations in Chapter 10 of the City Code that require the finished floor, utilities and HVAC components to be elevated 18 inches above base flood elevation (B.F.E.). The B.F.E. for this project is 2.2 feet above the existing high point for the site and 3.7 feet above the low point of the site. These elevations would require the importation of fill and significant grade alteration in order to provide handicap accessible routes at the appropriate slopes. B. Applicant's Narrative - Standards for Accessible Housing The State of Colorado and the City of Fort Collins require two of the 12 proposed units to be handicap accessible. Accessibility means that interior space must be sized to accommodate wheelchairs and that entrance ramps connect to the public sidewalk at slopes that do not exceed the allowable maximum. The applicant contends that providing two handicap accessible units poses particular difficulties which have contributed to the proposed plan as the best solution. The two handicap accessible units require more ground coverage than would otherwise be needed as they must be on the ground floor along with their garages. All other units, however, will feature the living unit above the garage. 3 The applicant seeks to increase the building and garage floor area on the rear one-half of the lots by 3,880 square feet resulting in an F.A.R. of 66.9%.. The two recommended conditions of approval address privacy and the land use transition along the two side yards for the benefit of the two adjoining properties. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: N-C-B; Existing single family house next door and multi -family structure. S: N-C-B; Existing single family house next door. E: D; City of Fort Collins — City Hall West, across the street. W: N-C-M; Existing single family houses, across the alley. The four subject lots are part of Block 52 of the original town plat for the City of Fort Collins. There is no history of any re -development activity on these lots other than construction of the existing houses. Prior to the adoption of the N-C-B zone district in 1991, the area was zoned R-H, High Density Residential. A 24-unit multi -family building exists on the north corner of the block face, separated from the subject property by one lot. 2. Proposed Plan: The applicant has provided a site plan, buildings elevations, and supporting diagrams as the basis for the request. The plan is to deconstruct or demolish the four existing houses, and construct two buildings that would each contain six dwelling units for a total of 12 units. Two units would be handicap accessible units at grade, facing Meldrum Street. The remaining units would be second and third -story units facing an internal drive, with parking at -grade tucked underneath the units. Additional parking spaces would be provided on the west edge. along the alley. A future P.D.P. would be subject to Administrative Review. 2 N G J_e4 ""71� &V-t PROJECT: Meldrum Street Townhomes — Request for Modification of Standard, #8-09 APPLICANT: Urban Development Partners c/o Michael Bello 1220 South College Avenue, Suite 100 Fort Collins, CO 80524 OWNER: Michael Jensen 1220 South College Avenue, Suite 100 Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request to modify the standard in the Neighborhood Conservation Buffer zone which requires that in the rear one-half of the lots, no more than 33% of the land area can be devoted to the gross floor area of buildings and garages combined. The request is to increase the building and garage floor area to 66.9%. Meldrum Street Townhomes is a proposed project located at 221, 223, 225 and 227 North Meldrum Street. These lots would be consolidated into one project. For the rear one-half of the four consolidated lots, the standard requires that no more than 3,778 square feet of building and garage floor area be allowed. Under the Request for Modification of Standard, the applicant is asking for 7,658 square feet of building and garage floor area. This represents an increase of 3,880 square feet. The property is zoned N-C-B, Neighborhood Conservation Buffer. RECOMMENDATION: Approval with two conditions. EXECUTIVE SUMMARY: This is a stand-alone Modification request. The standard requires that for the rear 50% of the lots, the maximum Floor Area Ratio shall be 33%.