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HomeMy WebLinkAboutRIVERBEND PDP - MODIFICATION OF STANDARDS - 39-01A - REPORTS - RECOMMENDATION/REPORTModification — Riverbend Project Development Plan — Filing #39-01A September 5, 2002 P & Z Meeting Page 10 exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property. E. This request is only for a modification of a specific standard in Subsection 3.5.2(C)(1) the LUC. The applicant has submitted a Project Development Plan package for an administrative (Type 1) review by the City. The PDP must be approved prior to the applicant being able to receive building permits and construct the project. 6. RECOMMENDATION: Staff recommends approval of the Modification of the Standard in Subsection 3.5.2(C)(1) of the Land Use Code for the Riverbend Project Development Plan - #39-01A. Modification — Riverbend Project Development Plan — Filing #39-01A September 5, 2002 P & Z Meeting Page 9 * 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. The proposed project is on a reasonably small infill site that is approximately 1 acre in size. It is bordered to the north by the Countryside Gardens Nursery, to the east by the existing Countryside single family neighborhood, to the south by the City -owned Riverbend Ponds Natural Area, and to the west by Countryside Drive and the natural area parking lot. There is only 100' of street frontage on Countryside Drive associated with this property. The existing configuration of the site and the nature of the surrounding land uses make it difficult and unreasonable for the property owner to meet the strict application of the "connecting walkway" standard for all of the dwelling units. 5. FINDINGS OF FACT/CONCLUSION: A. The requested Modification of the Standard in Subsection 3.5.2(C)(1) of the Land Use Code for the Riverbend PDP is subject to review by the Planning and Zoning Board. B. Granting the requested modification would not be detrimental to the public good nor would it impair the intent and purposes of the Land Use Code. C. Considering the configuration of the proposed development site and the nature of the existing surrounding land uses, the Preferred Option, Plan A, as submitted will protect the public interests and purposes of the standard for which the modification is requested equally well than would a plan which complies with the standard for which a modification is requested. The development plan will provide enhanced pedestrian walks and emphasize the pedestrian in locations where they must interface with vehicular movement. D. The existing physical conditions of the site and the nature of the existing land use make it difficult and unreasonable for the property owner to meet the strict application of the "connecting walkway" standard for all the dwelling units. The proposed project is on a reasonably small infill site that is approximately 1 acre in size. It is bordered to the north by the Countryside Gardens Nursery, to the east by the existing Countryside single family neighborhood, to the south by the City -owned Riverbend Ponds Natural Area, and to the west by Countryside Drive and the natural area parking lot. There is only 100' of street frontage on Countryside Drive associated with this property. Therefore, the strict application of the standard sought to be modified would result in unusual and Modification — Riverbend Project Development Plan — Filing #39-01A September 5, 2002 P & Z Meeting Page 8 c. the modification would result in a substantial benefit to the city; or d. 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 the property. Subsection 3.5.2(C)(1) of the LUC sets forth the requirement that every front fagade with a primary entrance to a dwelling unit shall face the adjacent street (to the extent feasible). It goes on to stipulate that every front fagade with a primary entrance to a dwelling unit shall face a connecting walkway with no primary entrance more than 200' from a street sidewalk. Staff has determined that: * Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the Land Use Code. * The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well than would a plan which complies with the standard for which a modification is requested. The Applicant's Preferred Option, Plan A, proposes 3 separate buildings containing 8 dwelling units. There is one building oriented to Countryside Drive that contains 2 dwelling units, both having direct pedestrian access to the public street sidewalk. There is a 4-plex building oriented to the internal private drive containing 1 dwelling unit that has direct pedestrian access to the public street sidewalk and 3 dwelling units that have direct access to an enhanced pedestrian walkway that connects to the public street sidewalk. The latter 3 dwelling units have entries that are no more than 150' from the public street sidewalk. There is a 2-plex building located near the southeast corner of the proposed 1 acre development site. Both dwelling units have direct access to an enhanced pedestrian walkway that connects to the public street sidewalk and their entries are no more than 200' from the public sidewalk. The development plan will provide enhanced pedestrian walks and emphasize the pedestrian in locations where they must interface with vehicular movement. Also, this site layout provides for a good building orientation to the Riverbend Ponds Natural Area. Considering the configuration of the development site and the surrounding land uses, the Preferred Option Site Plan as submitted will protect the public interests and purposes of the standard for which the modification is requested equally well than would a plan which complies with the standard for which a modification is requested. Modification — Riverbend Project Development Plan — Filing #39-01A September 5, 2002 P & Z Meeting Page 7 Findings of Fact/Conclusion We understand that in order to approve the Modification Request the Planning and Zoning Board must make the following findings: A. The request for a modification to Land Use Code Section 3.5.2(C)(1) is subject to review by the Planning and Zoning Board. A. Granting the requested modification would neither be detrimental to the public good nor impair the intent and purposes of this Land Use Code. B. Granting the requested modification would allow the project to advance the public interests and purposes of the standard equally well or better than a plan that satisfies the standard as follows: • The proposed site plan promotes greater visual interest within and outside of the site with a greater variety of building massing. • Keeping circulation internal to the site better enhances the natural area buffer, and • The plan as proposed provides a unique site design, an enhanced vehicular and pedestrian use area, a strong visual connection between units, and easy pedestrian access to the off-street parking, the individual units, and the adjacent street. We recommend approval of the Riverbend Modification Request. 4. STAFF'S ANALYSIS OF MODIFICATION REQUEST In reviewing the proposed alternative plan for purposes of determining whether it accomplishes the purposes of this section as required, the Planning and Zoning Board shall take into account whether the proposed plan demonstrates innovative design and best meets the intent of the Land Use Code. Section 2.8.2(H) of the LUC specifies that the Planning and Zoning Board shall only grant a modification for the following reasons: a. granting a modification of standard would neither be detrimental to the public good nor impair the intent and purposes of the Land Use Code; and b. the modification would result in the project addressing the purposes of the standard equally well or better than a plan that complies with the standard; or Modification — Riverbend Project Development Plan — Filing #39-01A September 5, 2002 P & Z Meeting Page 6 This is a unique site, small in size, adjacent to the Riverbend Ponds Natural Area, and with limited street frontage and no on -street parking. With these amenities and restrictions, the site design places all the active circulation components into the interior of the site, with the more passive patio uses to the exterior of the site, providing a visual buffer to both the natural area and to Countryside Drive. Justification We understand that in order to approve the Modification Request the Planning and Zoning Board must make the following findings: A) 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; We feel that the proposed design allows the pedestrian to interact with the vehicle in a safe and convenient manner, provides visual separation between the pedestrian and vehicular, provides better visual massing to the adjacent natural area, and is not detrimental to the public good. B) 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; The purpose of the LUC code section 3.5.2(C)(1) "are intended to promote variety, visual interest and pedestrian -oriented streets in residential development." We feel that the proposed plan promotes the general purpose of the standard equally well or better than a plan that satisfies the standard as follows: • This site has limited street frontage; • Creating a courtyard plaza provides for a visual separation between the pedestrian and vehicular uses with a change of paving, and planter beds. • Internalizing the circulation systems reduces and/or eliminates the impact on the natural area and the natural area buffer. • The preferred plan provides a greater variety in building types, and a greater variety in the visual interest from the natural area. Modification — Riverbend Project Development Plan — Filing #39-01A September 5, 2002 P & Z Meeting Page 5 Discussion: At Riverbend, street frontage is very limited, with frontage on only a small section of Countryside Drive to the west, the Riverbend Ponds Natural Area to the south, the existing Countryside development to the east, and the Country Gardens Nursery to the north. Due to this, providing public street frontage for all the units was not a feasible option. As a result, the applicant has elected to internalize the circulation system, and orienting the private living areas of the units to the adjacent natural area or public street. This effectively screens the vehicular circulation from public view, and also provides a good buffer and transition to the natural area. For Riverbend, we are requesting to modify the code requirement by providing an alternative means of providing pedestrian access to units 7 and 8. Two options are illustrated and discussed below: Option A (preferred Option) o This option creates a courtyard plaza that is shared by both vehicles and pedestrians. o Pedestrian areas are visually separated from vehicular areas by the use of colored scored concrete, and by using raised planting beds where possible. o There are only eight units within the project, providing limited vehicular movements and traffic. o Three of the eight units have direct pedestrian access to a public street. o Public on -street parking will not be allowed on Countryside Drive and the department of natural resources prefers a design, which discourages overflow parking at the natural area. o This design option provides greater visual interest in building variety and massing from the natural areas, with a total of six end units. This allows greater livability for the majority of the units. Option B (plan meeting code) o This option creates a single six unit building against the natural area. o Per the land use code, only one of the units is required to meet the connectivity requirements with multi -family buildings, which is provided. o Less diversity in units. o Less variety in building types. o Greater massing and visual intrusion on the Natural Area. Modification — Riverbend Project Development Plan — Filing #39-01A September 5, 2002 P & Z Meeting Page 4 3. APPLICANT'S REQUEST Riverbend is a small infill housing site located along Countryside Drive, west of Timberline, immediately north of the Riverbend Ponds Natural Area. This site is one acre in size. The applicant is proposing eight townhome style multifamily units on the site placed in three separate buildings. Two of the buildings face south, with the other facing onto Countryside Drive. The buildings are oriented around a central courtyard drive, which provides access to the garages, off-street parking, as well as the public entrances of the units. The issue is providing a pedestrian connection to the east side two unit building, units 7 and 8. The applicant prefers a two building configuration with a four unit and a two unit building. The code could easily be met by construction one six unit building. We have worked with staff on a variety of options, outlined below, one meeting the code requirements, and the preferred option which does not. As a result, the applicant is requesting a modification to 3.5.2(C)(1), Orientation to a Connecting Walkway. Modifications to setback requirements Code Sections: 3.5.2(C)(1) Orientation to a connecting walkway. Every front facade with a primary entrance to a dwelling unit shall face the adjacent street to the extent reasonably feasible. Every front facade with a primary entrance to a dwelling unit shall face a connecting walkway with no primary entrance more than two hundred (200) feet from a street sidewalk. The following exceptions to this standard are permitted: (b) A primary entrance may be up to three hundred fifty (350) feet from a street sidewalk if the primary entrance faces and opens directly onto a connecting walkway that qualifies as a major walkway spine. (c) If a multifamily building has more than one (1) front facade, and if one (1) of the front facades faces and opens directly onto a street sidewalk, the primary entrances located on the other front facade(s) need not face a street sidewalk or connecting walkway. Purpose: These standards are intended to promote variety, visual interest and pedestrian -oriented streets in residential development. Modification — Riverbend Project Development Plan — Filing #39-01A September 5, 2002 P & Z Meeting Page 3 Based on the layout of the Riverbend PDP, only 3 of the proposed 8 dwelling units face the adjacent street (Countryside Drive) and only those same 3 dwelling units' primary entrances face a true connecting walkway to the public street sidewalk. None of the 3 aforementioned exceptions apply to any of the dwelling units, however. As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Planning and Zoning Board shall review, consider, and approve, approve with conditions or deny an application for a modification based upon: "... the granting of the modification would neither be detrimental to the public good nor impair the intent and purposes of this Land Use Code; and that: (1) the plan as submitted will advance or protect the public interests and purposes 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 (2) the granting of a modification from the strict application of any standard 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, adopted policy, ordinance or resolution (such as, by way of example only, affordable housing or historic preservation) or would substantially alleviate an existing, defined and described problem of city-wide concem (such as, by way of example only, traffic congestion or urban blight), 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." 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 Section 2.8.2(H)(1) of the LUC. Modification — Riverbend Project Development Plan — Filing #39-01A September 5, 2002 P & Z Meeting Page 2 COMMENTS 1. BACKGROUND The surrounding zoning and land uses are as follows: N: FA in Larimer County; existing commercial (Country Gardens Nursery) E: M1 in Larimer County; existing single family residential S: POL; existing City natural area W: C; existing Timberline Road The property was annexed as the Riverbend Third Annexation in August, 2000. The property has not previously been subdivided. The Riverbend PDP (Type I, LUC) development request was submitted to the City on September 19, 2001, and is currently in the City's development review process. The proposal is for 8 townhomes in 3 separate buildings (two-family and multi -family residential) on approximately 1.0 acres. 2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS This request is for modification to a standard in the following section of the LUC: Section 3.5.2(C) Relationship of Dwellings to Streets and Parking, Subsection 3.5.2(C)(1) Orientation to a Connecting Walkway states: "Every front facade with a primary entrance to a dwelling unit shall face the adjacent street to the extent reasonably feasible. Every front facade with a primary entrance to a dwelling unit shall face a connecting walkway with no primary entrance more than two hundred (200) feet from a street sidewalk. The following exceptions to this standard are permitted: (a) Up to two (2) single-family detached dwellings on an individual lot that has frontage on either a public or private street. (b) A primary entrance may be up to three hundred fifty (350) feet from a street sidewalk if the primary entrance faces and opens directly onto a connecting walkway that qualifies as a major walkway spine. (c) If a multifamily building has more than one (1) front facade, and if one (1) of the front fagades faces and opens directly onto a street sidewalk, the primary entrances located on the other front fagade(s) need not face a street sidewalk or connecting walkway." ITEM NO. 4 MEETING DATE 9/5/02 STAFF Steve Olt Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Modification of Standard in Subsection 3.5.2(C)(1) of the Land Use Code for the Riverbend Project Development Plan (PDP) - #39-01A APPLICANT: Vignette Studios c/o Terence Hoaglund 144 North Mason Street, Suite 2 Fort Collins, CO 80524 OWNER: Hooraz, LLC 1218 West Ash, Suite A Windsor, CO. 80550 PROJECT DESCRIPTION: This is a request for a modification of Section 3.5.2(C) Relationship of Dwellings to Streets and Parking of the Land Use Code (LUC), more specifically Subsection 3.5.2(C)(1) Orientation to a Connecting Walkway. The property is located on Countryside Road, on the south side of East Mulberry Street, just east of Timberline Road, and is north of and adjacent to the Riverbend Ponds Natural Area. It is in the LMN — Low Density Mixed -Use Neighborhood Zoning District. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The applicant has submitted an application with a request for a modification of a standard as set forth in Section 3.5.2(C) Relationship of Dwellings to Streets and Parking, Subsection 3.5.2(C)(1) Orientation to a Connecting Walkway of the LUC. This subsection sets forth the requirement that every front fagade with a primary entrance to a dwelling unit shall face the adjacent street (to the extent feasible). It goes on to stipulate that every front fagade with a primary entrance to a dwelling unit shall face a connecting walkway with no primary entrance more than 200' from a street sidewalk. This application for a modification of the standard requests that the Planning and Zoning Board determine if the modification request meets the intent of the LUC. This request is only for a modification of the specific standard in Subsection 3.5.2(C)(1) the LUC. The applicant has submitted a Project Development Plan package for an administrative (Type 1) review by the City. The PDP must be approved prior to the applicant being able to receive building permits and construct the project. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT