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HomeMy WebLinkAboutSPRING CREEK FARMS NORTH SECOND FILING (TRAILS @ TIMBERLINE) - PDP - PDP120004 - SUBMITTAL DOCUMENTS - ROUND 2 - MODIFICATION REQUESTMay 10, 2012 Request for Modification of Standard DTMF Investments, LLC (“Applicant”), the Applicant for approval of the Spring Creek Farms North Second Filing Preliminary Development Plan (PDP120004)(the “Project”), pursuant to Land Use Code Section 2.8, submits this request for a modification of a footnote included in Land Use Code Section 3.2.2(K)(1)(a) regarding parking spaces for attached multi-family dwellings. The Project is proposed to include eleven 3-story multi-family buildings with a total of 314 individual dwelling units and 485 bedrooms on MMN-zoned property in Parcel B1 of the Amended Overall Development Plan for Spring Creek Farms North. The Project complies with Section 3.2.2(K)(1)(a) in that it provides 536 parking spaces, which number is greater than the minimum required number of parking spaces (514). Of the 536 spaces, 418 will be standard surface parking spaces, 114 will be in detached residential garages and 4 in attached garages. Applicant desires that credit toward the minimum parking requirements be given for all 118 garage parking spaces. The Applicant proposes to differentiate rents among the units in the Project based on market factors including, but not limited to, location, square footage, number of bedrooms (i.e. studio, one-bedroom, two-bedroom and three-bedroom), views, finishes, amenities, current market rates and whether or not there is a garage parking space assigned to the unit. Since a rent differential based on this last factor appears to be in conflict with the following footnote in Section 3.2.2(K)(1)(a), the Applicant requests a modification thereof: * Spaces that are located in detached residential garages (but not including parking structures) or in attached residential garages, which attached garages do not provide direct entry into an individual dwelling unit, may be credited toward the minimum requirements contained herein only if such spaces are made available to dwelling unit occupants at no additional rental or purchase cost (beyond the dwelling unit rental rate or purchase price). In support of its request, the Applicant submits the following explanation of how its request complies with the standards for approval of its modification request contained in Land Use Code Sections 2.8.2(H), 2.8.2(H)(1) and 2.8.2(H)(4): (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: There is no harm to the public in allowing the Applicant to count the garage parking spaces toward its minimum parking requirements and allowing the Applicant to charge a higher rent for those units to which a garage parking space is assigned. ▪ The Applicant’s plan to provide multi-family units with higher-end amenities, including garage parking, is market driven. There is demand for such units by a sector of the public; filling this need benefits the public. Market statistics indicate a high demand for garage parking in higher-end multi-family developments similar to the Project, resulting in essentially no garages being left empty or unused. Currently, McWhinney’s Lake Vista community in Loveland is 100% leased with detached garages and has had high demand ever since the property opened and the Eagle Ridge community in Loveland was 94% leased for detached garages this last week. However, not allowing the Applicant to realize additional rents for providing this amenity puts the Applicant at a competitive disadvantage. ▪ Since Sec. 3.2.2(K)(1)(a) requires the Project to provide a range of 1.5 to 2.0 parking spaces per dwelling unit based on the number of bedrooms per unit, and with the Applicant providing 22 spaces more than the required number, there will be a sufficient number of standard parking spaces available for all tenants and their guests. To ensure that all tenants with garage spaces actually utilize their garage for parking and to prevent tenants from using other standard parking spaces which should be available to other tenants, the Applicant will include a provision in its leases which requires the garages’ primary use to be for vehicle parking and prohibits use of the garages primarily for storage. This provision of the lease will be enforceable in the same manner as any other lease provision. In addition to the lease provision, the Applicant agrees to add a note to the site plan and a condition to the development agreement that requires the garages to be used primarily for vehicle parking and not for storage. ▪ The location of the Project will make it very inconvenient for tenants to park in the adjacent neighborhoods, therefore, spillover parking issues are not expected to occur. Note that the Project is separated from the adjacent Meadows East neighborhood to the south by a 4-lane arterial (Drake Road) and is separated from the Sidehill neighborhood to the east by a major arterial (Timberline Road). The Parkwood East neighborhood to the west is separated from the Project by a vacant tract where a public park will be improved by others, the Union Pacific Railroad Company tracks and a City open space tract. To the north of the Project is the City’s Police Services Building for which all public parking is located on the north side of the building. The residents of the Project are not likely to park their vehicles in these adjacent neighborhoods because of the distance and inconvenience. Also, please note that there will be enough street frontage on the adjacent streets, Joseph Allen Drive and Charles Brockman Drive, to accommodate parking for approximately 116 additional vehicles. Please see attached exhibits for these items. (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; or The general purpose of the parking requirements is: (A) Purpose. This Section is intended to ensure that the parking and circulation aspects of all developments are well designed with regard to safety, efficiency and convenience for vehicles, bicycles, pedestrians and transit, both within the development and to and from surrounding areas. Sidewalk or bikeway extensions off-site may be required based on needs created by the proposed development. This Section sets forth parking requirements in terms of numbers and dimensions of parking stalls, landscaping and shared parking. It also addresses the placement of drive-in facilities and loading zones. The ability to charge additional rent for units with garages, among other factors, while also counting such garage spaces toward the minimum parking requirements, does not have any negative impact on the safety, efficiency or convenience of the parking or circulation within the Project, since the Project must continue to meet all other applicable Land Use Code standards for parking and circulation both within the development and to and from surrounding areas. In fact, the safety, efficiency and convenience of parking is enhanced for those tenants that have garage parking, thus promoting the general purpose of the parking standard equally well or better than a plan which complies with the footnote to Sec. 3.2.2(K)(1)(a). (4) 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. The Project provides more than the required number of parking spaces. Charging a tenant a higher rent for a garage parking space assigned to a unit does not affect the number of spaces provided overall, nor does it have any impact on the development plan or cause the Project to diverge in any way from compliance with the other standards of the Land Use Code. In fact, the Project will continue to meet all other applicable standards of the Land Use Code. In addition, the Project, regardless of whether additional rent is charged on units with garages, will continue to advance the following purposes of the Land Use Code as contained in Section 1.2.2: (A) ensuring that all growth and development which occurs is consistent with this Land Use Code, City Plan and its adopted components, including but not limited to the Structure Plan, Principles and Policies and associated sub-area plans. Locating this higher density apartment complex at the corner of two arterial streets close to shopping, services and employment advances numerous objectives of City Plan. (B) encouraging innovations in land development and renewal. The green building standards set forth in the overall design of the project allow for innovations with land development and renewal. (C) fostering the safe, efficient and economic use of the land, the city’s transportation infrastructure, and other public facilities and services. Locating this higher density apartment complex at the corner of two arterial streets fosters an efficient use of the city’s existing transportation infrastructure. (D) facilitating and ensuring the provision of adequate public facilities and services such as transportation (streets, bicycle routes, sidewalks and mass transit), water, wastewater, storm drainage, fire and emergency services, police, electricity, open space, recreation, and public parks. The Project will satisfy all applicable Land Use Code criteria thereby facilitating and ensuring the provision of adequate public facilities and services. (E) avoiding the inappropriate development of lands and providing for adequate drainage and reduction of flood damage. The Project will provide adequate drainage in accordance with all applicable regulations. (F) encouraging patterns of land use which decrease trip length of automobile travel and encourage trip consolidation. The location of this higher density apartment complex at the corner of two arterial streets close to shopping, services and employment may result in less vehicle miles travelled by the Project’s tenants. (G) increasing public access to mass transit, sidewalks, trails, bicycle routes and other alternative modes of transportation. The Project is located on a Transfort route and there is convenient access to all other alternative modes of transportation very near the Project. (H) reducing energy consumption and demand. The availability of alternative modes of transportation to tenants of the Project may reduce the demand and consumption of vehicle fuel. There are existing and planned bus stops immediately adjacent to the subject property that allow for easy access to public transportation as well as immediate access to the Power Trail which allows for transportation via bike or foot traffic. (I) minimizing the adverse environmental impacts of development. The Project will comply will all applicable Land Use Code regulations designed to protect from environmental impacts. (J) improving the design, quality and character of new development. Responding to market demands for higher-end apartments with amenities, including garage parking, improves the design, quality and character of this new development. (K) fostering a more rational pattern of relationship among residential, business and industrial uses for the mutual benefit of all. The location of this higher density apartment complex in close proximity to shopping, services and employment contributes a rational pattern of development. (L) encouraging the development of vacant properties within established areas. The property on which the Project is located is the only undeveloped corner at the intersection of Drake and Timberline Roads. Other uses in the vicinity of this vibrant intersection include a variety of residential uses (a range of single family, multi-family and senior living), public services (City Police Services building) and neighborhood commercial (supermarket, banking institutions, restaurants and personal services shops) making it a high priority for quality development that responds to market demands. (M) ensuring that development proposals are sensitive to the character of existing neighborhoods. The Project will satisfy applicable Land Use Code criteria for compatibility with existing neighborhoods. (N) ensuring that development proposals are sensitive to natural areas and features. The Project will satisfy applicable Land Use Code criteria regarding natural areas and features. PROJ. NO. DRAWN: CHECKED: DATE: REVISIONS © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: DESIGNED: 1805 29th Street Suite 2054 Boulder, Colorado 80301 phone 303.449.8900 A MCWHINNEY COMMUNITY Timberline Road & Drake Road Fort Collins, Colorado 80525 4/16/2012 2:41:51 PM C:\Revit Local Files\809049_Bldg-B_24 Unit_A12\809049_Bldg-B_24 Unit_A12_sdarnell.rvt SPRING CREEK FARMS NORTH FILING NO. 2 809049.00 Author Checker 04/24/2012 PROJECT DEVELOPMENT PLAN - - SPRING CREEK FARMS NORTH FILING NO. 2 Approver KEY SURFACE PARKING- 418 GARAGE PARKING- 116 TOTAL ONSITE PARKING= 534 SPACES (NOTE: 514 SPACES REQUIRED) JOSEPH ALLEN PARALLEL SPACES-76 CHARLES BROCKMAN PARALLEL SPACES- 40 TOTAL ADDITIONAL OFFSITE PARKING= 116 SPACES 4 5 8 8 5 5 12 12 5 8 8 8 8 8 4 8 40 60 16 4 6 2 32 32 PROJ. NO. DRAWN: CHECKED: DATE: REVISIONS © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: DESIGNED: 1805 29th Street Suite 2054 Boulder, Colorado 80301 phone 303.449.8900 A MCWHINNEY COMMUNITY Timberline Road & Drake Road Fort Collins, Colorado 80525 4/16/2012 2:41:51 PM C:\Revit Local Files\809049_Bldg-B_24 Unit_A12\809049_Bldg-B_24 Unit_A12_sdarnell.rvt SPRING CREEK FARMS NORTH FILING NO. 2 809049.00 Author Checker 04/24/2012 PROJECT DEVELOPMENT PLAN - - SPRING CREEK FARMS NORTH FILING NO. 2 Approver IMPEDIMENTS TO SPILLOVER PARKING RAILROAD TRACKS POLICE STATION E. DRAKE RD. 7 LANES WITH CENTER MEDIAN S. TIMBERLINE RD. 7 LANES WITH CENTER MEDIAN VACANT LOT JOSEPH ALLEN DR. CHARLES BROCKMAN DR. OPEN SPACE PROJ. NO. DRAWN: CHECKED: DATE: REVISIONS © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: DESIGNED: 1805 29th Street Suite 2054 Boulder, Colorado 80301 phone 303.449.8900 A MCWHINNEY COMMUNITY Timberline Road & Drake Road Fort Collins, Colorado 80525 4/16/2012 2:41:51 PM C:\Revit Local Files\809049_Bldg-B_24 Unit_A12\809049_Bldg-B_24 Unit_A12_sdarnell.rvt SPRING CREEK FARMS NORTH FILING NO. 2 809049.00 Author Checker 04/24/2012 PROJECT DEVELOPMENT PLAN - - SPRING CREEK FARMS NORTH FILING NO. 2 Approver PEDESTRIAN & PARKING IMPEDIMENTS RAILROAD TRACKS OPEN SPACE POLICE STATION S. DRAKE RD. 7 LANES WITH CTR. MEDIUM E. TIMBERLINE RD. 7 LANES WITH CTR. MEDIUM VACANT LOT JOSEPH ALLEN DR. CHARLES BROCKMAN DR. 39 5 9 11 3 8 13 46 11 10 11 11 12 3 2 33 4 4 17 21 8 7 11 8 11 15 2 3