HomeMy WebLinkAboutMANHATTAN TOWNHOMES, SECOND FILING - PDP/FDP - FDP150021 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO _____________1___
MEETING DATE September 14, 2015
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 Second Filing Final Plan, FDP #150021 and
Modifications of Standard of Sections:
3.5.2(E)(2) Setback from Nonarterial Streets
3.5.2(D)(1) Orientation to a Connecting Walkway
4.5(D)(1)(b) Land Use Standards – Density
APPLICANT: Russell Baker
Manhattan Land Company, LLC
772 Whalers Way, Suite 200
Fort Collins, Colorado 66211
OWNER: 2010 RADC/CADC Property XI
4601 College Boulevard, Suite 300
Leawood, KS 66211
PROJECT DESCRIPTION:
This is a proposed residential development containing 36 single-family attached dwellings on
2.2 acres, with 80 off-street parking spaces. The project is located on the east side of
Manhattan Avenue, north of Albion Way, and is in the (L-M-N) Low Density Mixed-Use
Neighborhood zone district. The proposed single-family attached use is permitted in the L-M-N
zone district, subject to a Type One administrative review.
Three Modifications of Standard are proposed. The modification to LUC Section 3.5.2(E)(2)
Setback from Nonarterial Streets, requests a reduction in the front building setback from 15 feet,
to a minimum distance of 9 feet as shown on the site plan. The modification to LUC Section
3.5.2(D)(1) Orientation to a Connecting Walkway requests that certain building entrances be
greater than 200 feet from a street sidewalk. Lastly, the modification to LUC Section 4.5(D)(1)(b)
Land Use Standards – Density, requests an increase in the maximum density permitted in the
L-M-N zone from 9 units per acre to 16.3 units per acre.
RECOMMENDATION:
Approval of the Manhattan Townhomes Second Filing Final Plan and three Modifications of
Standard, with one condition.
EXECUTIVE SUMMARY:
The Manhattan Townhomes Second Filing Final Plan complies with the applicable requirements
of the City of Fort Collins Land Use Code (LUC), more specifically:
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The FDP complies with process located in Division 2.2 – Common Development
Review Procedures for Development Applications of Article 2 – Administration.
The three Modifications of Standard to Sections 3.5.2(E )(2) Setback from
Nonarterial Streets, 3.5.2(D)(1) Orientation to a Connecting Walkway and
4.5(D)(1)(b) Land Use Standards –Density, meet the applicable requirements of
Section 2.8.2(H), and the granting of these Modifications would not be detrimental to
the public good.
The FDP complies with relevant standards located in Division 4.5, Low Density
Mixed-Use Neighborhood (L-M-N) zone district, provided that the Modification of
Standard is approved.
The FDP complies with the relevant standards located in Article 3 – General
Development Standards, provided that the Modifications of Standard are approved.
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COMMENTS:
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North General Commercial (C-G) Enclose Mini-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 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 stormwater
tract.
2. Compliance with Applicable L-M-N Standards:
The project complies with all applicable L-M-N standards with the following relevant
comments provided:
A. Section 4.5(B)(2)(a)(1) – Permitted Uses
Single-family attached dwellings are a permitted use in the L-M-N District subject to
administrative review.
B. Section 4.5(D)(1)(b) – Land Use Standards -- Density
This standard requires that residential density on parcels less than 20 acres have a
density not less than 3.00 dwelling units per gross acre and not greater than 9.00 per net
acre. The project proposes a modification to this standard which is discussed on
subsequent pages of this staff report.
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C. Section 4.5(E)(1) – Development Standards -- Streets and Blocks
This section requires that:
(a) Street System Block Size: That the local street system provided by the development
provide an interconnected network of streets in a manner that results in blocks of
developed land bounded by connecting streets no greater than twelve (12) acres in size
and;
(b) Mid-Block Pedestrian Connections: If any block face is over seven hundred (700) feet
long, then walkways connecting to other streets shall be provided at approximately mid-
block or at intervals of at least every six hundred fifty (650) feet, whichever is less.
The project meets these standards by providing a concrete walkway, 6 feet in width,
along the northern boundary of the project. Although the resulting block face provided
exceeds 650 feet, potential future redevelopment of commercial property to the north
may also contribute additional connectivity to the Mason Trail. Additionally, staff finds
that the street system block size requirement is not applicable, the due to the infill nature
of the site and surrounding constraints, which include the Mason Trail and railroad line to
the east and existing development to the north and south.
D. Section 4.5(E)(3) – Development Standards – Maximum Residential Building Height
The project provides 2-story dwellings in compliance with this section, which limits
single-family attached dwellings to 2.5 stories.
3. Compliance with Article 3 of the Land Use Code – General Development
Standards
The project is compliance with all applicable General Development Standards with the
following relevant comments provided:
A. Section 3.2.1 Landscaping and Tree Protection
1) Section 3.2.1(D)(1)(c) Full tree stocking. Canopy shade trees, evergreen trees
and ornamental trees are provided around the perimeter of the proposed
residential buildings in accordance with the minimum standards of this section.
2) Section 3.2.1(D)(2) Street trees. Canopy shade trees are provided at
approximately 40-foot intervals along the project’s Manhattan Avenue frontage,
accordance with the standards of this section. Staff may require on additional
tree in front of Building C and will discuss this with the applicant prior to final
approval.
3) Section 3.2.1(D)(3) Minimum Species Diversity. The project provides not more
than 15% of any one tree species in compliance with this standard.
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4) Section 3.2.1(E)(2)(d) Foundation Plantings. The project complies with this
section by providing building foundation wall landscape planting along all high-
use and high-visibility areas at least 5 feet in width along at least 50% of such
walls.
5) Sections 3.2.1(E)(4) Parking Lot Perimeter Landscaping and 3.2.1(E)(5) Parking
Lot Interior Landscaping. Perimeter and interior landscaping are provided in
accordance with the minimum standards of this section. The views of the parking
lot and perimeter trash enclosures are adequately screened. Interior parking
islands are provided at the ends of all parking bays, with 10 trees provided to
meet the parking lot interior standards.
B. Section 3.2.2 – Access, Circulation and Parking
In conformance with the Purpose, General Standard, and Development Standards
described in this section, the parking and circulation system provided with the project
is adequately designed with regard to safety, efficiency and convenience for
vehicles, bicycles, pedestrians and transit, both within the development and to and
from surrounding areas.
Minimum off-street parking quantities required for the project are based on the
number of bedrooms for the single-family attached dwellings. Five 2-bedroom units
and thirty-one 3-bedroom units are proposed, with a total of 71 off-street parking
spaces required. The project proposes 58 garage spaces and 22 surface spaces, for
a total of 80 parking spaces, exceeding the minimum requirements.
C. Sections 3.2.2(C)(6) and (7) – Direct On-Site Access to Pedestrian and Bicycle
Connections; Off-Site Access to Pedestrian and Bicycle Connections
These sections are significant in that the project provides a required off-site sidewalk
connection linking Manhattan Avenue to the existing Mason Trail to the east located
approximately 660 feet to the east. As mentioned earlier in this staff report, the
sidewalk connection also satisfies LUC 4.5(E)(1) Mid-Block Pedestrian Connections.
The 3.2.2(C)(6) and (7) LUC requirement reads as follows:
(6) Direct On-Site Access to Pedestrian and Bicycle Destinations. The on-site
pedestrian and bicycle circulation system must be designed to provide, or allow
for, direct connections to major pedestrian and bicycle destinations including, but
not limited to, parks, schools, Neighborhood Centers, Neighborhood Commercial
Districts and transit stops that are located either within the development or
adjacent to the development as required, to the maximum extent feasible. The
on-site pedestrian and bicycle circulation system must also provide, or allow for,
on-site connections to existing or planned off-site pedestrian and bicycle facilities
at points necessary to provide direct pedestrian and bicycle travel from the
development to major pedestrian destinations located within the neighborhood. In
order to provide direct pedestrian connections to these destinations, additional
sidewalks or walkways not associated with a street, or the extension of a
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sidewalk from the end of a cul-de-sac to another street or walkway, may be
required.
(7) Off-Site Access to Pedestrian and Bicycle Destinations. Off-site pedestrian or
bicycle facility improvements may be required in order to comply with the
requirements of Section 3.2.2(E)(1) (Parking Lot Layout) and Section 3.6.4
(Transportation Level of Service Requirements).
(8) Transportation Impact Study. In order to identify those facilities that may be
required in order to comply with these standards, all development plans must
submit a Transportation Impact Study approved by the Traffic Engineer, which
study shall be prepared in accordance with the Transportation Impact Study
guidelines maintained by the city.
D. Section 3.3.1 – Plat Standards.
The lot’s orientation provides direct access to a public street. The layout of roads,
driveways, utilities, drainage facilities, and other services are designed in accordance
with the City’s engineering standards. The plat demonstrates proper dedication of
public rights-of-way, drainage easements and utility easements that are needed to
serve the area being developed.
E. Section 3.4.1 Natural Habitats and Features.
The project’s Ecological Characterization Study reports that areas to the south and
east contain several natural habitats and features, predominately a wetland area that
has formed within the City-owned detention site to the east of the project.
To meet the standards associated with Section 3.4.1, the project proposes to apply
the performance standards contained in Section 3.4.1(E) of the Land Use Code by
providing a variable buffer line along the natural features. Staff finds that the project
meets the performance standards by incorporating additional native plantings to
enhance the ecological value of the adjacent natural habitat.
F. Section 3.5.2 – Residential Building Standards
The project provides a number of distinct elements to achieve building variation among
repeated buildings. In addition to variations in footprint size and shape, the building
designs are further distinguished with architectural details specific to each building,
including distinct masonry styles, variation in front door and garage doors styles,
different porch column and porch roof treatments, and variation in lap and vertical siding
treatments. Building color themes also contribute to the overall variation. Overall, the
building designs provided noticeably unique architectural elevations within a coordinated
overall theme of roof forms, massing, proportions and other characteristics.
In conformance with the general standard of this section, the project places a high
priority on building entryways and their relationship to the street by providing distinctive,
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street-facing porches with unique architectural elements within the building designs
provided. All building entrances and front facades are oriented towards the street with
connecting walkways providing access from the street to each dwelling. A modification to
the connecting walkway standard is discussed on the following pages of the staff report.
4. Modifications of Standard
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).
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A. Modification of Standard Request to Section 3.5.2(E )(2) Residential Building
Setbacks – Setback from Nonarterial Streets.
Modification Description:
The Manhattan Townhomes project requests to have the minimum street setback be
less than 15 feet from the public street right-of-way (to a minimum distance of 9 feet as
shown on the site plan).
Land Use Code Standard Proposed to be Modified (areas underlined for
emphasis):
3.5.2(E )(2) Setback from Nonarterial Streets. The minimum setback of every
residential building and of every detached accessory building that is incidental to the
residential building shall be fifteen (15) feet from any public street right-of-way other
than an arterial street right-of-way, except for those buildings regulated by Section
3.8.30 of this Code, which buildings must comply with the setback regulations set
forth in Section 3.8.30. Setbacks from garage doors to the nearest portion of any
public sidewalk that intersects with the driveway shall be at least twenty (20) feet.
Summary of Applicant’s Justification:
The Applicant requests that the modification be approved and provides justification for
Criteria 1 and 2 in their attached request.
The applicant contents that:
The modification is minor, when considered from the perspective of the entire
development plan, which provides consistency with the Land Use Code in terms
of enhanced architecture, building articulation and quality materials.
Each building fronting Manhattan Avenue has a covered front porch with clearly-
defined building entries, and differing building materials and colors. This aids in
further enhancing the pedestrian experience.
The proposed alternative plan continues to improve the design, quality and
character of new development by exceeding the building standards set forth in
Section 3.5. The use of high quality residential building materials, building
articulation, projections and recesses, along with pitched roof elements ensures
sensitivity to and compatibility with the surrounding neighborhood.
In addition, the project is designed to reflect the characteristics of the existing
established residential neighborhood. The buildings have entrances orienting to
the street and sidewalks, private outdoor space, and individual identities. The
garages are rear-loaded and visibility from the public streets will be minimized.
The visual impacts of the building will be greatly reduced by the use of extensive,
enhanced landscaping along the street frontage, utilizing a combination of
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shrubs, grasses and trees that will provide adequate screening and visual
interest.
The construction of the proposed plan will greatly improve a vacant parcel with
partially-constructed infrastructure. Although not strictly a criteria for justification,
the construction of the project would be a benefit to the neighborhood.
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
price point that the market desires and that the community can be proud of.
Staff Finding
Staff finds that the request for a Modification of Standard to Section 3.5.2(E )(2)
Residential Building Setbacks – Setback from Nonarterial Streets is justified by the
applicable standards in 2.8.2(H)(1).
A. The granting of the Modification would not be detrimental to the public good and;
B. The project design satisfies Criteria 4 (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.
Staff finds that the modification is equal to or better than the larger standard
setback because the proposed design incorporates enhanced landscaping and
pedestrian-oriented building design elements that provide an appropriate
transition within the reduced space.
B. Modification of Standard Request to Section 3.5.2(D)(1) – Orientation to a Connecting
Walkway
Modification Description:
This is a Modification Request to Section 3.5.2(D)(1), which addresses the connecting
walkway requirement.
The Manhattan Townhomes project requests that Buildings F and G have primary
entrances that are greater than 200 feet from a street sidewalk.
Land Use Code Standard Proposed to be Modified (areas underlined for
emphasis):
LUC 3.5.2(D)(1):
(D) Relationship of Dwellings to Streets and Parking.
(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
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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 multi-family 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.
Other Relevant Standards:
Any modification to the connecting walkway standard must demonstrate
compliance with 3.2.2(A),(B),(C)(1)(a) and 3.2.2(D)(1), which state:
3.2.2 Access, Circulation and Parking (areas underlined for emphasis)
(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.
(B) General Standard. The parking and circulation system within each development shall
accommodate the movement of vehicles, bicycles, pedestrians and transit, throughout
the proposed development and to and from surrounding areas, safely and conveniently,
and shall contribute to the attractiveness of the development. The on-site pedestrian
system must provide adequate directness, continuity, street crossings, visible interest
and security as defined by the standards in this Section. The on-site bicycle system must
connect to the city’s on-street bikeway network. Connections to the off-road trail system
shall be made, to the extent reasonably feasible.
(C) Development Standards. All developments shall meet the following standards:
(1) Safety Considerations. To the maximum extent feasible, pedestrians shall be
separated from vehicles and bicycles.
(a) Where complete separation of pedestrians and vehicles and bicycles is not possible,
potential hazards shall be minimized by the use of techniques such as special paving,
raised surfaces, pavement marking, signs or striping, bollards, median refuge areas,
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traffic calming features, landscaping, lighting or other means to clearly delineate
pedestrian areas, for both day and night use.
(D) Access and Parking Lot Requirements. All vehicular use areas in any proposed
development shall be designed to be safe, efficient, convenient and attractive,
considering use by all modes of transportation that will use the system, (including,
without limitation, cars, trucks, buses, bicycles and emergency vehicles).
(1) Pedestrian/Vehicle Separation. To the maximum extent feasible, pedestrians and
vehicles shall be separated through provision of a sidewalk or walkway. Where complete
separation of pedestrian and vehicles is not feasible, potential hazards shall be
minimized by using landscaping, bollards, special paving, lighting and other means to
clearly delineate pedestrian areas.
Relevant LUC Definitions:
A connecting walkway and major walkway spine are defined in Article 5 of the
LUC as:
Connecting walkway shall mean (1) any street sidewalk, or (2) any walkway that directly
connects a main entrance of a building to the street sidewalk without requiring
pedestrians to walk across parking lots or driveways, around buildings or around parking
lot outlines which are not aligned to a logical route.
Major walkway spine shall mean a tree-lined connecting walkway that is at least five (5)
feet wide, with landscaping along both sides, located in an outdoor space that is at least
thirty-five (35) feet in its smallest dimension, with all parts of such outdoor space directly
visible from a public street.
Figure 16D (LUC 3.8.30) Example of Townhouses and Small Lot Houses
(incorporating Major Walkway Spines)
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Summary of Applicant’s Justification:
The Applicant requests that the modification be approved and provides justification for
Criteria 1 and Criteria 2 in their attached request.
Criteria (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.
Criteria(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.
Applicant’s Justification:
Although the primary entrances to Buildings F and G are greater than 200 feet from
the public street, there are numerous paths throughout the project that connect to the
street. Each front door has a sidewalk connection to a walkway spine that opens
directly to the sidewalk on Manhattan Avenue.
This project will be constructing the 8’ wide bicycle and pedestrian trail connection
from Manhattan Avenue to the Mason Street Corridor. This important connection
allows for direct access from the neighborhood to the MAX transit stop, shopping,
retail, employment and other commercial areas to the east of this site. This fulfills
LUC 3.2.2 (C)(6).
The modification is minor, when considered from the perspective of the entire
development plan, which provides consistency with the Land Use Code in terms of
enhanced architecture, building articulation and quality materials.
The proposed alternative plan continues to improve the design, quality and character
of new development by exceeding the building standards set forth in Section 3.5. The
use of high quality residential building materials, building articulation, projections and
recesses, along with pitched roof elements ensures sensitivity to and compatibility
with the surrounding neighborhood.
The construction of the proposed plan will greatly improve a vacant parcel with
partially-constructed infrastructure. Although not strictly a criteria for justification, the
construction of the project would be a benefit to the neighborhood.
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 price
point that the market desires and that the community can be proud of.
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Staff Finding
Staff finds that the request for a Modification of Standard to Section 3.5.2(D)(1) –
Orientation to a Connecting Walkway is justified by the applicable standards in
2.8.2(H)(4), with one condition.
A. The granting of the Modification would not be detrimental to the public good
and;
B. The project design satisfies Criteria 4 (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.
Staff finds that the modification is nominal and inconsequential when
considered from the perspective of the entire development plan because the
walkway system provided, while not “equal to” the standard, will provide
residents with a distinct walkway system within landscaped areas that
contribute to the attractiveness of the development – and the plan continues to
advance the purposes of the Land Use Code as contained in Section 1.2.2
including:
1.2.2 (L) encouraging the development of vacant properties within established
areas.
1.2.2 (O) encouraging a wide variety of housing opportunities at various
densities that are well-served by public transportation for people of all ages
and abilities.
With the following condition:
The applicant shall provide appropriate signage along the private drive, where
private sidewalks intersect with the private drive, in order to clearly delineate
pedestrian crossings.
C. Modification of Standard Request to Section 4.5(D)(1)(b) L-M-N Land Use Standards –
Density
Modification Description:
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 16.3 units per acre to
accommodate a total of 36 dwellings on 2.21 acres.
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Land Use Code Standard Proposed to be Modified (areas underlined for
emphasis):
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.”
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
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 stormwater 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 (underlined for
emphasis):
“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, and because the land
had not been dedicated prior to the date of the past approval, the 8.21 acre tract was
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, and therefore the originally
approved plan was in compliance with the LUC density standard.
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 16.3 units
per acre based on 36 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).
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Applicant’s Justification:
“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 5 total units require
a minimum of 9 spaces and 3-bedroom units (2.0 spaces per units ) x 31 total
units equals 62 spaces. The proposed plan contains 80 off-street parking spaces.
58 parking spaces are located within the buildings and in freestanding garages.
The 22 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. 27%
of site is landscaped. There is an 8.21-acre regional detention pond and
wetlands 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 style with
elements such as individual covered front entrances with standing seam metal
roofs. 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, painted horizontal lap siding as
well as asphalt shingles. 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
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2015
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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.”
“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) 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 16.3 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 4, 5, 6, & 7-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 surrounding single family
neighborhoods by constructing smaller buildings rather than larger 12-plexes.
We feel that the impact to the neighborhood is lessened.”
Staff Finding
Staff finds that the request for a Modification of Standard to Section 4.5(D)(1)(b) L-
M-N Land Use Standards – Density is justified by the applicable standards in
2.8.2(H)(4).
A. The granting of the Modification would not be detrimental to the public
good and;
B. 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
Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14,
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Page 17
result in a change in character 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 including:
1.2.2 (K) Fostering a more rational pattern of relationship among residential,
business and industrial uses for the mutual benefit of all;
1.2.2 (L) encouraging the development of vacant properties within established
areas and;
1.2.2 (O) encouraging a wide variety of housing opportunities at various
densities that are well-served by public transportation for people of all ages
and abilities.
5. Neighborhood Meeting
A City neighborhood meeting was not required for proposal and the Applicant elected to
submit the project for staff review without holding a neighborhood meeting.
6. Findings of Fact/Conclusion
In evaluating the Manhattan Townhomes Second Filing Final Plan, staff makes the following
findings of fact:
A. The Modification of Standard to Section 3.5.2(E)(2) Setback from Nonarterial Streets
is justified by the applicable standards in 2.8.2(H). The granting of the Modification
would not be detrimental to the public good, and the project design satisfies Criteria
4 (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. The
modification is equal to or better than the larger standard setback because the
proposed design incorporates enhanced landscaping and pedestrian-oriented
building design elements that provide an appropriate transition within the reduced
space.
B. The Modification of Standard to Section 3.5.2(D)(1) Orientation to a Connecting
Walkway is justified by the applicable standards in 2.8.2(H). The granting of the
Modification would not be detrimental to the public good, and the project design
satisfies Criteria 4 (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 modification is nominal and
inconsequential when considered from the perspective of the entire development
plan because the walkway system provided, while not “equal to” the standard, will
provide residents with a distinct walkway system within landscaped areas that
Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14,
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Page 18
contribute to the attractiveness of the development – and the plan continues to
advance the purposes of the Land Use Code as contained in Section 1.2.2 including:
1.2.2 (L) encouraging the development of vacant properties within established areas,
and 1.2.2 (O) encouraging a wide variety of housing opportunities at various
densities that are well-served by public transportation for people of all ages and
abilities.
With the following condition:
The applicant shall provide appropriate signage along the private drive, where
private sidewalks intersect with the private drive, in order to clearly delineate
pedestrian crossings.
C. The Modification of Standard to Section 4.5(D)(1)(b) Land Use Standards – Density
is justified by the applicable standards in 2.8.2(H). The granting of the Modification
would not be detrimental to the public good, 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 character 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 including: 1.2.2 (K)
Fostering a more rational pattern of relationship among residential, business and
industrial uses for the mutual benefit of all; 1.2.2 (L) encouraging the development of
vacant properties within established areas and; 1.2.2 (O) encouraging a wide variety
of housing opportunities at various densities that are well-served by public
transportation for people of all ages and abilities.
D. The FDP complies with process located in Division 2.2 – Common Development
Review Procedures for Development Applications of Article 2 – Administration.
E. The FDP complies with relevant standards located in Division 4.5, Low Density
Mixed-Use Neighborhood (L-M-N) zone district.
F. The FDP complies with the relevant standards located in Article 3 – General
Development Standards.
RECOMMENDATION:
Approval of the Manhattan Townhomes Second Filing Final Plan and three Modifications of
Standard, with one condition:
Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14,
2015
Page 19
The applicant shall provide appropriate signage along the private drive, where private sidewalks
intersect with the private drive, in order to clearly delineate pedestrian crossings.
ATTACHMENTS:
1. Applicant’s Planning Objectives Narrative
2. Applicant’s Modification of Standard Requests
3. Site Plan
4. Landscape Plan
5. Building Elevations
6. Building Materials Exhibit
7. Ecological Characterization Study
8. Letters from residents
9. Old site plan approved in 2006 (expired)