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HomeMy WebLinkAboutLANDMARK RESIDENCES ON MOUNTAIN AVENUE - PDP - PDP140011 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUEST (7)land planning  landscape architecture  urban design  entitlement Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com July 23, 2014 Modification Request DIVISION 4.5 LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (D) Land Use Standards. (1) Density. (a) Residential developments in the Low Density Mixed-Use Neighborhood District shall have an overall minimum average density of four (4) dwelling units per net acre of residential land, except that residential developments (whether overall development plans or project development plans) containing twenty (20) acres or less shall have an overall minimum average density of three (3) dwelling units per net acre of residential land. (b) 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. (c) The maximum density of any phase in a multiple-phase development plan shall be twelve (12) dwelling units per gross acre of residential land, and the maximum density of any portion of a phase containing a grouping of two (2) or more multi-family structures shall be twelve (12) dwelling units per gross acre of residential land. Background and Reason for the Request The site is located at the intersection of Mountain Avenue and Shields Street on the northeast corner. Beavers Market is located on the northwest corner of the intersection. Detached single family homes are located adjacent to the property on the east and north. The current land use is a C-store with fuel sales. In March of 2012 neighbors raised concerns about crime, lighting, and loitering. They approached the City asking for help mitigating these concerns. Through various informal neighborhood meetings, the property owner agreed to investigate replacing the C-store with single family attached Mountain and Shields PDP Modification Request – Density June 9, 2014 Page 2 of 5 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com dwellings. A team of consultants was assembled and it was determined that in order to make the project feasible six dwelling units would be required. The site is .62 acres and the Land Use Code permits a maximum density of nine (9) dwelling units per acre. This Modification is requesting a density of 9.67 dwelling units per acre. Justifications for this request include the following: 1) the proposed plan will promote the general purpose of the standard equally well or better than a plan which complies with the standard; 2) it will substantially alleviate existing problems associated with the C-store including bright lights, crime and loitering; 3) the strict application of the standard would render the project infeasible because the location and existing C-store drive the economics of re-developing the property, and ; 4) the plan as submitted would not diverge from the standards of the Land Use Code except in a nominal and inconsequential way. The main purpose of the LMN District is “to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks and other linkages.” The site is located across the street from Beaver’s Market, close to both City Park and Martinez Park as well as being within easy walking/biking distance of Old Town. We believe the project achieves the main purpose of the LMN District because it increases the variety of housing choices in the neighborhood. Justifications The Land Use Code states that 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 the decision-maker must also find that the Modification meets one of the following four criteria described in the LUC. (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; We believe the six (6) dwelling units designed with two bedrooms for families and empty nesters will promote the general purpose of the standard, which is to limit density, equally well or better than a plan that would comply with the standard. For example, the Applicant could propose a student-oriented, multi-family building with five (5) dwelling units with an increased number of bedrooms rented individually. The plan, while it would comply with the standard, would likely have a greater impact on the neighborhood in terms of compatibility. A student-oriented project could accommodate Mountain and Shields PDP Modification Request – Density June 9, 2014 Page 3 of 5 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com up to twenty (20) bedrooms compared to the proposed plan which proposes twelve (12) bedrooms. Similarly, a project with five (5) dwelling units could be proposed utilizing the same footprint and enlarging the units to accommodate three or even four bedrooms per unit. The plan, while it would comply with the standard, would likely have a greater impact on the neighborhood in terms of traffic generation and noise. Since the number of people living there could be the same or higher with five (5) dwelling units, we believe the proposed project is equal to or better than one that would meet the standard. (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; Currently the site is a C-store with fuel sales. It is a non-conforming use and would not comply with the Land Use Code as a proposed new development. The Code allows convenience retail stores with fuel sales within neighborhood centers which are “at least three-quarters mile from any other such use and from any gasoline station; provided that such use or uses are combined with at least one (1) other use listed in subparagraph (B)(2)(c)3 above” those uses include, “mixed-use dwelling units; retail stores; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics; community facilities; neighborhood support/recreational facilities; schools; child care centers; limited indoor recreation establishments; open-air farmers markets; and places of worship or assembly. The existing C-store is located .4 miles north of a 7-Eleven store (Mulberry and Shields) and therefore does not comply with the three-quarters mile distance requirement. In addition, the current site does not contain a second use that would be required to be considered a neighborhood center. The current non-conforming use is incompatible with the surrounding neighborhood which is zoned Neighborhood Conservation, Low Density District (N-C-L). Neighborhood residents have registered numerous complaints associated with traffic, lighting, noise, loitering and crime. A robbery occurred at this location in October of 2013. According to the Fort Collins Police records, since 2004, the cops have been called to this address 166 times. The proposed project would result in a substantial benefit to the neighborhood by replacing the C-store with a more compatible residential use and lowering the crime risk in the neighborhood. Mountain and Shields PDP Modification Request – Density June 9, 2014 Page 4 of 5 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com (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 re-development of the site poses several development constraints and obstacles that create hardship to the Applicant. The site location together with the existing land use creates the following limitations:  High land costs associated with the existing commercial use at a highly visible location.  Reduced desirability for development of single-family homes.  Increased construction costs associated with sound reduction required for traffic noise at the site.  Limited access.  Requirement for twenty-one (21) foot right-of-way dedication along Shields Street.  The need to remove the existing C-store and associated fuel tanks. The demolition is expected to cost approximately $72,000 to remove the fuel tanks not including the demolition of the building.  The site is located within the flood fringe and therefore basements are not allowed. The basement restriction combined with the 2.5 story height maximum, dramatically decreases the square footage potential of dwelling units on the site. Allowing the density be increased from 9 to 9.67 dwelling units per acre would allow the Applicant to surmount these obstacles and make it feasible to develop six (6) residential units on the site that would be affordable to families and empty nesters, the target market for the project. Following the strict application of such a standard would render the project practically infeasible due to the land costs associated with demolition and recent improvements to the fuel tanks at the C-store. (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 request for the density to be increased from 9 to 9.67 will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way. The site consists of .62 acres. In order to comply with a maximum density of nine (9) dwelling units per acre the Applicant is allowed a maximum of 5.4 dwelling units on the site. With Mountain and Shields PDP Modification Request – Density June 9, 2014 Page 5 of 5 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com six (6) dwelling units the density is 9.67 dwelling units per acre. The project as designed is .67 units per acre above the standard. If this was a new development and the owners were dedicating the adjacent streets, as is typical, the gross site area would be 1.05 acres rather than .6 acres. This would allow nine (9) dwelling units to be developed and still be within the 9 dwelling unit per acre maximum. Allowing higher density for new development in urban fringe areas, while penalizing re-development in the urban core is counter intuitive and out of sync with City Plan Policies that encourage higher densities in areas close to transit, shopping, employment and recreational opportunities. In fact, land adjacent to arterial intersections throughout the City are typically zoned Medium Density Mixed-Use Neighborhood (MMN) and require a minimum density of 12 dwelling units per acre. Given that many City Policies encourage higher densities at arterial streets and in areas close to transit, shopping, employment and recreational opportunities the request for an increase in density from 9.00 to 9.67 at this location is nominal and inconsequential. Lastly, a project with five (5) dwelling units could be proposed utilizing the same footprint and enlarging the units to accommodate additional bedrooms or living space. In this scenario which would comply with the standard, the only difference is an additional door. We believe this difference is inconsequential. In conclusion:  The proposed plan is a better fit for the adjacent neighborhood than the existing C-store with fuel sales. Impacts from lighting, noise, and traffic would all be reduced.  A project with five (5) dwelling units could have more bedrooms and therefore potentially more impact than the proposed project with six (6) dwelling units.  The plan will eliminate a non-conforming use.  The proposed plan will alleviate neighbors’ safety concerns associated with the C-store and potential for crime.  There are several hardships outside of the owner’s control that contribute to higher costs and market limitations.  With the additional unit (6 total) the project is well below the 9 units that would be allowed if the developer was proposing this same project in a different part of Fort Collins and dedicating the land for the adjacent streets.  The difference between 9 dwelling units per acre and 9.67 is nominal and inconsequential.  Requiring lower density could result in less expensive and lower quality interior and exterior finishes in order to lower construction costs.  The adjacent neighbors support the proposed project with six (6) dwelling units  The building footprint would not change but the number of people on site would increase.