HomeMy WebLinkAboutMANHATTAN TOWNHOMES - MODIFICATION OF STANDARD - MOD130003 - REPORTS - RECOMMENDATION/REPORTITEM NO _MOD 130003____
MEETING DATE January 30, 2014
STAFF Holland ____
HEARING OFFICER
Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750
STAFF REPORT
PROJECT: Manhattan Townhomes, Modification of Standard, MOD #130003
APPLICANT: Cathy Mathis
TB Group
444 Mountain Ave.
Berthoud, CO 80513
OWNER: ELKCO Properties, Inc.
1873 S. Bellaire Street #1105
Denver, CO 80222
PROJECT DESCRIPTION:
This is a request for a Modification of Standard to Section 4.5(D)(1)(b) of the Land Use
Code related to density. The Modification of Standard is requesting approval to allow a
total of 39 dwelling units on the site resulting in a density of 17.6 dwelling units per
gross acre. If this Modification of Standard is approved, the Applicant intends to file a
project Development Plan (P.D.P.) incorporating the Modification. The P.D.P. would
require a separate Type 1 review and public hearing.
Due to the fact that a previously approved Manhattan Townhome P.D.P. and the Major
Amendment to the approved P.D.P. has expired, this modification request is now
required so that a future P.D.P. can be considered for approval. Should the
modification be approved, a P.D.P. application must be filed within one year following
the determination of the decision maker.
The project site is zoned L-M-N, Low Density Mixed-Use Neighborhood and is located
on 2.21 gross acres at 3836 Manhattan Avenue.
RECOMMENDATION:
Approval of Manhattan Townhomes Modification of Standard
Manhattan Townhomes, Modification of Standard, MOD #130003
Administrative Hearing January 30, 2014
Page 2
EXECUTIVE SUMMARY:
The approval of the Manhattan Townhomes Modification of Standard complies with the
applicable requirements of the City of Fort Collins Land Use Code (LUC), more
specifically:
• The Modification of Standard complies with the process located in Division
2.8.2 – Modification Review Procedures.
• The Modification of Standard to Section 4.5(D)(1)(b) Land Use Standards –
Density meets the applicable requirements of Section 2.8.2(H), and the
granting of these Modifications would not be detrimental to the public good.
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North General Commercial (C-G) Enclose Mine-Storage, Movie Theater
South Low Density Mixed-Use
Neighborhood (L-M-N)
Single-family detached residential
East Low Density Mixed-Use
Neighborhood (L-M-N)
City-owned regional stormwater detention
facility
West Low Density Residential
R-L)
Single-family detached residential
The Manhattan Townhomes project was originally approved in 2005, with a Major
Amendment recorded in January 2006. Because all public infrastructure was not
completed within the timeframe required by the L.U.C., the originally approved plans are
expired and no longer represent a development approval.
The expired major amendment plans provided 41 dwelling units on 10.42 gross acres.
The 10.42 acres included two tracts. The first tract included 2.21 acres and
accommodated the entire site plan layout for the 41 units. The second tract included
8.21 acres to accommodate a regional stormwater detention pond. At the time of
original approval, the major amendment plans did not exceed the maximum density
Manhattan Townhomes, Modification of Standard, MOD #130003
Administrative Hearing January 30, 2014
Page 3
requirement of 9 units per acre in the L-M-N zone because the gross acreage used to
calculate the density included the 8.21 acre tract.
Per LUC 3.8.18, the calculation of the gross residential density shall include the gross
acreage of all the land within the boundaries of the development except:
Any interest in land which has been deeded or dedicated to any governmental agency
for public use prior to the date of approval of the development plan; provided, however,
that this exception shall not apply to any such acquisition of an interest in land solely for
open space, parkland or stormwater purposes.
Therefore, due to the exception above for stormwater purposes, the 8.21 acre tract is
included in calculating the original approved density for the expired major amendment
plan. The density of the expired major amendment plan is 3.93 units/gross acre, based
on 41 units within the two combined tracts totaling 10.42 acres. This density is below
the maximum permitted 9 units per acre in the L-M-N zone.
Because the 8.21 acre tract was sold and the major amendment development plans
have expired, the 8.21 acre tract cannot technically be included as a part of a new
development plan submittal. The new development plan will have a gross acreage
based on Tract 1 only, which is 2.21 acres. This results in an overall density of 17.6
units per acre based on 39 units being provided, which exceeds the maximum 9 units
per acre designated in the L-M-N zone per Section 4.5(D)(1)(b).
2. The standard at issue:
Section 4.5(D)(1)(b) L-M-N District Land Use Standards – Density states the following:
“The maximum density of any development plan taken as a whole shall be nine (9)
dwelling units per gross acre of residential land, except that affordable housing projects
(whether approved pursuant to overall development plans or project development plans)
containing ten (10) acres or less may attain a maximum density, taken as a whole, of
twelve (12) dwellings units per gross acre of residential land.”
3. Description of the Modification:
The applicant has submitted a request for approval of a Modification of Standard to
Section 4.5(D)(1)(b) Land Use Standards – Density requesting that the Manhattan
Townhomes project be allowed to have an overall density of 17.6 dwelling units per acre
to accommodate a total of 39 dwellings.
Manhattan Townhomes, Modification of Standard, MOD #130003
Administrative Hearing January 30, 2014
Page 4
4. Land Use Code Modification Criteria:
“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; or
(2) the granting of a modification from the strict application of any 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; 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; or
(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.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be
supported by specific findings showing how the plan, as submitted, meets the
requirements and criteria of said subparagraph (1), (2), (3) or (4).”
Manhattan Townhomes, Modification of Standard, MOD #130003
Administrative Hearing January 30, 2014
Page 5
5. Applicant’s Justification:
The applicant has provided a modification request with the following justification:
A. “We feel that 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 per (2.8.2(H)(1) for the following reasons:
1. The proposed alternative plan provides off-street parking is excess
of what is required by Code. 2-bedroom units (1.75 spaces per unit) x 39
total units require a minimum of 68 spaces. The proposed plan contains
72 off-street parking spaces. 40 parking spaces are located within the
buildings and in freestanding garages. The 32 surface spaces are located
behind the buildings. This helps alleviate neighborhood concerns
regarding cars parking on the existing adjacent streets.
2. The proposed site layout is designed to be sensitive to the
neighborhood. This is accomplished by placing the buildings to the
outer/street edge, the parking lot internal to the site and providing ample
landscaping and open space. Additionally, the project provides outdoor
gathering spaces for the residents. 30% of site is landscaped. There is an
8.21-acre regional detention pond that will never be developed thus
forcing the concentration of development on a smaller parcel of remaining
land.
3. The primary purpose of lower densities is to assure that multi-family
residential buildings located in the L-M-N zoning district are both aesthetic
and compatible with other less dense development in the area, particularly
single-family. The architecture of the proposed townhomes provides an
attractive streetscape for the project as well as unique and different front
elevations for each different townhouse. This provides diversity,
uniqueness and aesthetics for the individual residents as well as the entire
building. This gives the residents a sense of place and a sense of home,
which virtually never occurs in a multi-story multi-unit condominium or
apartment building.
4. The architecture, as mentioned above, is based on a
townhome/brownstone style with elements such as individual covered
front entrances, and a combination of two and three story elements. The
use of exterior materials is also in keeping with this style with the use of
different siding types at various heights. High quality exterior materials
were chosen such as synthetic stone and brick veneer, cement fiber
Manhattan Townhomes, Modification of Standard, MOD #130003
Administrative Hearing January 30, 2014
Page 6
horizontal lap siding as well as cement board shingles, for their low long
term maintenance, visual appeal and ability to reduce the overall scale of
the building. All units of each building have a balcony and a one-car
garage. The exterior perimeter and roof line of the buildings are well
articulated with numerous projections and steps down in scale at the ends
of the building.
5. The project complies with the purpose and intent of the L-M-N
zoning district as it is an infill project that provides multi-family dwellings
on a property that is surrounded by developed properties containing
commercial and residential uses. There is single family residential to the
west, single and multi-family to the south, commercial to the north and
east. The property is within easy walking distance to a neighborhood
park, school, entertainment and commercial uses in the adjacent Mid-
Town area. There will be a major trail connection from the neighborhood
to the Mason Street Trail and MAX bus system.
6. We feel that the proposed alternative plan ensures sensitivity to the
surrounding neighborhood by building an attractive, desirable product in
an infill site with a product that the market desires and that the community
can be proud of. The construction of the proposed plan will greatly
improve a vacant parcel with partially-constructed infrastructure, concrete
and brown grass. Although not strictly a criteria for justification, the
construction of the project would be a benefit to the neighborhood.”
B. “We feel that the plan as submitted will not diverge from the standards of the
Land Use Code that is authorized by this Division to be modified except in a
nominal, inconsequential way when considered from the perspective of the
entire development plan per (2.8.2(H)(4). and will continue to advance the
purposes of the Land Use Code as contained in Section 1.2.2 for the
following reasons:
1. The change in gross acreage from 10.42 acres to 2.21 acres does
not result in a change to the development pattern or overall site layout,
therefore the resulting gross density is inconsequential.
2. Given the overall context of the surrounding neighborhoods, the
proposed density of 17.6 dwelling units per acre is not excessive. Since
L-M-N provides transition between R-L and G-C, we feel that the proposed
density is appropriate.
3. The proposed alternative plan contains 5, 6, & 8-plex buildings,
while the L-M-N district allows up to a 12-plex building. This was
intentional by the design team to create a design that is sensitive to the
Manhattan Townhomes, Modification of Standard, MOD #130003
Administrative Hearing January 30, 2014
Page 7
surrounding single family neighborhoods by constructing smaller 5, 6 & 8-
plex buildings rather than larger 12-plexes. We feel that the impact to the
neighborhood is lessened.”
6. Staff Finding for the Modification:
Staff finds that the request for the Modification of Standard to 4.5(D)(1)(b) Land
Use Standards – Density is justified by the applicable standards in 2.8.2(H). The
granting of the Modifications would not be detrimental to the public good and:
The request satisfies Criteria (2.8.2(H)(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 change in gross project acreage from 10.42 acres to 2.21 acres and
resulting increase in density is inconsequential, because the increase does not
result in a change in the overall site plan layout and represents a logical
development pattern that is consistent with the development pattern originally
approved for the site.
The project will continue to advance the purposes of the Land Use Code as
contained in Section 1.2.2 by fostering a more rational pattern of relationship
among residential, business and industrial uses for the mutual benefit of all,
encouraging the development of vacant properties within established areas and
encouraging a wide variety of housing opportunities at various densities that are
well-served by public transportation for people of all ages and abilities.
7. Neighborhood Meeting
A City neighborhood meeting was not required for the modification request and a
meeting was not held.
8. Findings of Fact/Conclusion
In evaluating this request, Staff makes the following findings of fact:
• The Modification of Standard complies with the process located in Division
2.8.2 – Modification Review Procedures.
• Staff finds that the request for the Modification of Standard to Section
4.5(D)(1)(b) Land Use Standards – Density is justified by the applicable
Manhattan Townhomes, Modification of Standard, MOD #130003
Administrative Hearing January 30, 2014
Page 8
standards in 2.8.2(H). The granting of the modification would not be
detrimental to the public good and:
The request satisfies Criteria (2.8.2(H)(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 change in gross project acreage from 10.42 acres to 2.21 acres and
resulting increase in density is inconsequential, because the increase does
not result in a change in the overall site plan layout and represents a logical
development pattern that is consistent with the development pattern originally
approved for the site.
The project will continue to advance the purposes of the Land Use Code as
contained in Section 1.2.2 by fostering a more rational pattern of relationship
among residential, business and industrial uses for the mutual benefit of all,
encouraging the development of vacant properties within established areas
and encouraging a wide variety of housing opportunities at various densities
that are well-served by public transportation for people of all ages and
abilities.
• If the Request for Modification is granted per Section 2.8.1, the Modification is
valid for only one year by which time a P.D.P. incorporating the Modification
must be filed.
RECOMMENDATION:
Staff recommends approval of the Request for Modification to Section 4.5(D)(1)(b) Land
Use Standards – Density to allow an overall density of 17.6 dwelling units per acre to
accommodate a total of 39 dwellings.
ATTACHMENTS:
1. Applicant’s Modification Request
2. Prior Approved Major Amendment Plans
3. Applicant’s Proposed Site Plan Exhibit
4. Proposed Building Elevations Exhibit