HomeMy WebLinkAboutREDTAIL PONDS - PDP - PDP130030 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTSeptember 10, 2013
MODIFICATION OF STANDARDS
1. Project Re-design and Compliance through Use of Street-Like Private Drive
The Redtail Ponds Supportive Housing Project (“Project”), proposed by the Fort Collins Housing
Authority (“FCHA”), is located on a narrow rectangular (approx. 225’x555’) 2.97-acre parcel in
the Cameron Park/Redtail Ponds office park development. Direct street access to the Project is
not possible to/from the north or south due to existing development (Woodley’s Furniture and
the approved Cameron Park 2
nd
Subdivision), or from the east, where the number and kind of
accesses to/from College Avenue are limited. The sole point of access to/from the Project is
from the west end at the intersection of the public streets, Conejos Road and Fossil Blvd.
The Project was originally designed to have its 40-space parking lot between the Conejos
Road/Fossil Blvd. intersection and the entrance to the building, however, it was pointed out by
City staff during the conceptual review process that this configuration would not be in
compliance with the following two Transit Oriented Development (“TOD”) Overlay Zone
development standards:
3.10.3(A) Building Orientation. Primary commercial and residential building entrances shall
face streets, connecting walkways, plazas, parks or similar outdoor spaces, but not parking
lots. Buildings shall face all street frontages to the maximum extent feasible, with highest
priority given to east-west streets that lead from transit stations to destinations.
3.10.4(C) Off-street Parking. Off-street parking shall be located only behind, above or below
street-facing buildings. No parking will be allowed between the street and the front or side of
a building.
In response, FCHA redesigned the Project to have one access point from this public street
intersection: a street-like private drive that extends approx. 250’ into the Project to the building
entrance, and then circles back to the access point. The proposed layout results in the loss of six
(6) parking spaces and will require that the drive be maintained by FCHA, instead of by the City,
but it does allow for the building to face a street and not a parking lot, and results in there being
no off-street parking between the street-like private drive and the front of the building.
Land Use Code Sec. 3.6.2(N)(1)(c) states that “a street-like private drive shall be allowed as
primary access to facing buildings, or to parcels internal to a larger, cohesive development, or for
the purposes of meeting other requirements for streets.” (emphasis added). In this situation, use
of the street-like private drive is entirely consistent with such stated purposes. The street-like
private drive does provide the only access to the Project, which is located on an infill parcel in
the larger, surrounding office park (i.e. the Cameron Park/Redtail Ponds office park), and the
drive directly serves the building. Finally, use of the street-like private drive allows the Project
to fully comply with the TOD Overlay Zone development standards cited above.
The street-like private drive will function like a public street, and the multi-family building will
front on and offer primary orientation to such drive. In addition, the street-like private drive
includes all of the elements required by Sec. 3.6.2(N)(1)(c): a vehicular travel lane, thirty-two
(32) on-street angled parking spaces, tree-lined borders, detached sidewalks and a crosswalk.
Four (4) additional parking spaces (head-in style) are provided in close proximity to the building
entrance for handicapped accessible vehicles. Other features in the design of the street-like
private drive include an adjacent multi-use path, a landscaped median, a wide plaza between the
drive the building entrance, pedestrian lighting street trees, and site benches.
A review the of street-like private drive design by the City‘s engineering staff will confirm its
compliance with design and construction requirements of Land Use Code Sec. 3.6.2(N)(2) and
(3).
If the FCHA were not to use the street-like private drive as proposed, FCHA would have been
required to install a public street with a cul-de-sac to access the building within the Project (see
Alternative Plan attached). In comparison the proposed layout, the Alternative Plan is less
desirable for the following reasons:
• More pavement within the Project
• 62% reduction in parking (13 vs. 34)
• 23% reduction in amount of functional open space for use by tenants
• Closer proximity to and greater visibility of parking lot from College Avenue
• Height/mass are emphasized with location of building closer to steep slope
• Less buffer to Woodley’s Furniture
• Increased construction costs to deal with change in elevation between building
and College Avenue
• Increased street maintenance costs to City
2. Alternative Request for Modification of Standards
Although FCHA believes that the use of a street-like private in this situation is exactly what was
envisioned by the Land Use Code for the reasons cited above, there were indications that some
members of City planning staff that street-like private drives may not have been intended to be
used to meet the two TOD Overlay Zone requirements cited above (versus the language of the
LUC regarding the purpose of a street-like private drive). Therefore, to be very conservative,
FCHA requests the Planning and Zoning Board to grant a modification of the TOD Overlay
Zone development standards cited above.
The Land Use Code requires that all modifications not be detrimental to the public good, and
provides four (4) alternative specific grounds for granting the modification, of which, we are
citing three (3) as justification for approval of this request.
In support of its request, the applicant asserts:
1. Land Use Code Sec. 2.8.2(H): “the granting of the modification would not be
detrimental to the public good.”
The overwhelming majority of people coming and going from the Project will be tenants,
management, employees, and service providers. There is no reason for members of the
public to be coming to the property or traveling through the Project, particularly since
there are no services available to the public nor is there a through street, so there will be
no detriment to the public good. In fact, use of a street-like private drive allows
compliance with the TOD Overlay Zone development standards regarding building
orientation and parking and accomplishes numerous public objectives (i.e. multi-modal
accessibility, public street functionality and safety, adequate emergency access, inviting
streetscape, etc.).
2. Land Use Code Sec. 2.8.2(H)(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.”
Stated purposes of the TOD Overlay Zone development standards include:
▫ “to encourage land uses, densities and design that enhance and support transit
stations,”
▫ “. . . allow for a mix of goods and services within convenient walking distance
of transit stations,”
▫ “encourage the creation of . . . attractive residential . . . environments . . . .”
Utilization of a street-like private drive to meet the building orientation and off-street
parking requirements promotes the purpose of the TOD Overlay Zone development
standards equally well or better than requiring the use of a public street. As previously
stated, the use of a public street to satisfy the TOD Overlay Zone development standards
is less desirable for the following reasons:
• More pavement within the Project
• 62% reduction in parking (13 vs. 34)
• 23% reduction in amount of functional open space for use by tenants
• Closer proximity to and greater visibility of parking lot from College Avenue
• Height/mass are emphasized with location of building closer to steep slope
• Less buffer to Woodley’s Furniture
• Increased construction costs to deal with change in elevation between building
and College Avenue
• Increased street maintenance costs to City
3. Land Use Code Sec. 2.8.2(H)(2): “the granting of a modification from the strict
application of the standard would, without impairing the intent and purpose of this Land
Use Code, substantially alleviate an existing, defined and described problem of city-wide
concern or 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 or in an adopted
policy, ordinance or resolution of the City Council, and the strict application of such a
standard would render the project practically infeasible.”
The Project meets both alternative requirements of Land Use Code Sec. 2.8.2(H)(2). The
Project is a permanent supportive housing community designed to meet the special
housing needs of homeless individuals with disabilities, homeless veterans and other low-
income individuals. The need for housing units tailored to the specific needs of these
types of individuals is defined in City Plan and the Affordable Housing Strategic Plan,
and the opportunity to provide such housing for 60 individuals is a significant steps
towards addressing this important community need and provides a substantial benefit to
these individuals and the community as a whole. Please see the following excerpts:
City Plan:
Principle LIV 7: A variety of housing types and densities for all income levels shall
be available throughout the Growth Management Area.
LIV 7.5 – Plan for and meet the housing needs of special populations within the
community. Disperse residential-care facilities, shelters, group homes, and senior
housing throughout the Growth Management Area.
Principle LIV 8: The City will encourage the creation and expansion of affordable
housing opportunities and preservation of the existing affordable housing supply.
LIV 8.5 – Encourage the integration and distribution of affordable housing as part of
individual neighborhoods and the larger community rather than creating larger
concentration of affordable units in isolated areas.
Affordable Housing Strategic Plan:
Executive Summary: Increase housing and facilities for people with special
needs.
Introduction: Affordable housing is a critical asset contributing to the social,
economic, and environmental sustainability of a community . . . The overall
wellbeing of an individual can be significantly improved with stable housing
conditions, which leads to more stable families and stable neighborhoods.
4.1 Goal: Increase the Inventory of Affordable Rental Housing Units. The first
priority should be to increase the inventory of affordable rental units . . .
4.3 Goal: Increase Housing and Facilities for People with Special Needs. This
broad category includes those who are homeless, seniors, persons with disabilities,
veterans, and victims of domestic violence. These groups generally require housing
units tailored to specific needs not typically addressed by market-driven development.
Many times a network of support services is needed to keep these populations stable
and independent.
4.3.1 Justification.
Homeless: . . . Research has shown the sooner people can enter a stabilized shelter
situation, the sooner they can start dealing with the other problems that accompany
homelessness, which also decreases costs to providing community services for this
populations. . . . suggests single room occupancy housing as a more effective
alternative to traditional homeless shelters.
Persons with Disabilities: . . . organizations which provide supportive services or
housing for disable customers do not have enough low-rent options for the number of
people who need them. . . . it is important to expand the supply of housing that is
both accessible and affordable.
Partners in Affordable Housing. While the City of Fort Collins is an important
player in addressing the affordable housing needs of its citizens, there are other
partners that also contribute important resources. . . . the City cannot solve all of the
community’s affordable housing needs alone.
Policies:
AHSP-11 The City will support community initiatives identifying homeless needs
and developing action plans to reduce the homeless population in Fort Collins, The
City will also participate in partnerships exploring solutions for homelessness.
AHSP-12 The City will support projects producing affordable units to serve persons
with disabilities, and “cost-burdened” senior citizens.
Conclusion: . . . A lack of affordable housing affects everyone. . . . Affordable
housing is greater than a social issue; it is also about economic development and
environmental protection. . . . The Fort Collins City Council made a commitment to
affordable housing through the adoption of many programs and the allocation of
General Fund revenue into the Affordable Housing Fund. . . . affordable housing must
be elevated so it is discussed on par with such topics as economic development,
environmental protection, and public safety . . . Every discussion regarding a
sustainable community must include the consideration of affordable housing.
4. As required by Land Use Code Sec. 2.8.2(H)(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 Project is located amidst existing development in the Cameron Park/Redtail Ponds
office park development on a narrow rectangular (approx. 225’ by 555’) 2.97-acre parcel
with steep slopes down to College Avenue. Direct street access to the Project is only
possible at its west end and there are no opportunities for street connections through the
Project. Due to these unique conditions, strictly requiring the installation of a street to
satisfy the TOD Overlay Zone development standards regarding building orientation and
off-street parking would result in the following practical difficulties for the Project:
• More pavement within the Project
• 62% reduction in parking (13 vs. 34)
• 23% reduction in amount of functional open space for use by tenants
• Closer proximity to and greater visibility of parking lot from College Avenue
• Height/mass are emphasized with location of building closer to steep slope
• Less buffer to Woodley’s Furniture
• Increased construction costs to deal with change in elevation between building
and College Avenue
• Increased street maintenance costs to City