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HomeMy WebLinkAboutMANHATTAN TOWNHOMES, SECOND FILING - PDP/FDP - FDP150021 - DECISION - FINDINGS, CONCLUSIONS & DECISION1 CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: September 14, 2015 (continued to September 28, 2015) PROJECT NAME: Manhattan Townhomes Second Filing Final Plan 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 CASE NUMBER: FDP #150021 APPLICANT: Russell Baker Manhattan Land Company, LLC 772 Whalers Way, Suite 200 Fort Collins, CO 66211 OWNER: 2010 RADC/CADC Property XI 4601 College Boulevard, Suite 300 Leawood, KS 66211 HEARING OFFICER: Marcus A. McAskin 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 Low Density Mixed-Use Neighborhood (L-M-N) zone district. The proposed single-family attached use is permitted in the L-M-N zone district, subject to a Type One administrative review. The Applicant is also requested three (3) Modifications of Standard, specifically the following. 1. Modification to LUC Section 3.5.2(E)(2) Setback from Nonarterial Streets. The Applicant requests a reduction in the front building setback from the required 15 feet (15’), to a minimum distance of nine feet (9’) as shown on the site plan. 2. Modification to LUC Section 3.5.2(D)(1) Orientation to a Connecting Walkway. The Applicant requests that certain building entrances be greater than 200 feet from a street sidewalk. 3. Modification to LUC Section 4.5(D)(1)(b) Land Use Standards – Density. Applicant requests an increase in the maximum density permitted in the L-M-N zone from nine units per gross acre to 16.3 units per acre. 2 BACKGROUND: The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North General Commercial (C-G) Enclosed 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 SUMMARY OF DECISION: Approved, with conditions. ZONE DISTRICT: (L-M-N) Low Density Mixed-Use Neighborhood HEARING: The Hearing Officer opened the hearing on Monday, September 14, 2015, in Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado. The public comment portion of the hearing was continued to September 28, 2015. EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as part of the record of this proceeding: 1. Applicant’s Statement of Planning Objectives dated June 17, 2015. 2. Project Planning Drawing Set. 3. Manhattan Townhomes, Second Filing, being a replat of Tract 1, Manhattan Townhomes. 4. Modification of Standard Request dated July 27, 2015. 5. Modification of Density Request dated August 27, 2015. 6. Three (3) letters from Fort Collins citizens. 7. Vicinity Map. 8. The City’s Comprehensive Plan, Code, and the formally promulgated polices of the City are all considered part of the record considered by the Hearing Officer. 9. Affidavit of Publication dated September 21, 2015, evidencing proof of publication of Notice of Hearing in the Fort Collins Coloradan on September 19, 2015. 10. Notice of Public Hearing. 3 11. A copy of Staff’s PowerPoint presentation. 12. A copy of the Applicant’s PowerPoint presentation. 13. A copy of the Planning Department Staff Report prepared for the above-referenced Application is attached to this decision as ATTACHMENT A and is incorporated herein by reference. 14. Sight Distance Exhibit (dated September 22, 2015 and prepared by Northern Engineering). 15. Updated Photometric Sight Plan dated September 23, 2015. 16. Revised Private Striping & Paving Plan (Sheet PV1) dated September 24, 2015 (the “Revised Paving Plan”). TESTIMONY: The following persons testified at the hearing: From the City: Jason Holland, PLA, City Planner Martina Wilkinson, PE, City Traffic Engineer From the Applicant: Russell Baker Manhattan Land Company, LLC 772 Whalers Way, Suite 200 Fort Collins, CO 66211 Kathy Mathis, TB Group, 444 Mountain Ave, Berthoud, CO Andy Reese, Northern Engineering From the Owner: N/A From the Public: Pam Campbell, 368 Albion Way, Fort Collins 80526 Greg Campbell, 368 Albion Way, Fort Collins 80526 Harry M. Alpert, 360 Albion Way, Fort Collins 80526 Robin Maher, 507 Saulsbury Ct., Fort Collins, CO 80526 FINDINGS 1. Evidence presented to the Hearing Officer established the fact that notice of the public hearing was properly posted, mailed and published. 2. Based on testimony provided at the public hearing and a review of the materials in the record of this case, the Hearing Officer concludes as follows: A. the Application complies with the applicable procedural and administrative requirements of Article 2 of the Land Use Code; B. the Application complies with the applicable General Development Standards contained in Article 3 of the Land Use Code; and C. the Application complies with the applicable Low Density Mixed-Use Neighborhood (L-M-N) Zone District standards contained in Article 4, Division 4.5 4 of the Land Use Code with the approved Modification of Standard as discussed below. 3. The Application’s satisfaction of the applicable Article 2, 3 and 4 requirements of the Land Use Code is sufficiently detailed in the Staff Report, a copy of which is attached as ATTACHMENT A and is incorporated herein by reference. 4. Based on testimony provided at the public hearing and a review of the materials submitted to the Hearing Officer is this case, the Hearing Officer also concludes that the Modification of Standard (for Section 3.5.2(E)(2) of the Code, as requested by the Applicant) meets the applicable requirements of Section 2.8.2(H) of the Code. Specifically, the Hearing Officer finds as follows: A. The Modification of Standard (“Modification #1”) requested by the Applicant is to Section 3.5.2(E)(2) of the Land Use Code (“Setback from Nonarterial Streets”). B. The Applicant requests Modification #1 to reduce the minimum street setback from fifteen feet (15’) to nine feet (9’), a reduction of six feet (6’). C. Modification #1 is not detrimental to the public good; and D. Modification #1 satisfies Section 2.8.2(H)(4)(1) of the Code – the Application 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. Specifically, the Hearing Officer finds that the proposed 9’ setback is equal to or better than the required 15’ setback because the proposed project incorporates certain design elements including pedestrian-oriented building design, enhanced landscaping and a detached sidewalk running north-south along the Manhattan Avenue street frontage. Taken together, these design elements will provide a satisfactory setback from the abutting nonarterial street (Manhattan Avenue). 5. Based on testimony provided at the public hearing and a review of the materials submitted to the Hearing Officer is this case, the Hearing Officer also concludes that the Modification of Standard (for Section 3.5.2(D)(1) of the Code, as requested by the Applicant) meets the applicable requirements of Section 2.8.2(H) of the Code. Specifically, the Hearing Officer finds as follows: A. The Modification of Standard (“Modification #2”) requested by the Applicant is to Section 3.5.2(D)(1) of the Land Use Code (“Relationship of Dwellings to Streets and Parking – Orientation to a Connecting Walkway”), which requires that every front façade with a primary entrance to a dwelling unit shall face a connecting walkway with no primary entrance more than two hundred feet (200’) from a street sidewalk. B. The Applicant requests that Buildings F and G have primary entrances that are greater than 200’ from a street sidewalk. C. Modification #2 is not detrimental to the public good; and 5 D. Modification #2 satisfies Section 2.8.2(H)(4) of the Code – the Application as submitted will not diverge from the standard set forth in Section 3.5.2(D)(1) except in a nominal, inconsequential way when considered from the perspective of the entire Application and will continue to advance the purposes of the Land Use Code as set forth in Section 1.2.2 of the Code. Specifically, the Hearing Officer finds that there will be numerous paths throughout the project that connect to the street and that each front door has a sidewalk connection to a walkway spine that ultimately intersects with the detached sidewalk on Manhattan Avenue. The Hearing Officer also finds that the completion of the project will improve a vacant parcel with partially constructed infrastructure – which will positively contribute to the overall aesthetics of the neighborhood. The Hearing Officer concludes that the project will advance the purposes of the Land Use Code as articulated in Section 1.2.2 including the following: (1) 1.2.2(L) encouraging the development of vacant properties within established areas; and (2) 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. 6. Based on testimony provided at the public hearing and a review of the materials submitted to the Hearing Officer is this case, the Hearing Officer also concludes that the Article 4 Modification of Standard (for Section 4.5(D)(1)(b) of the Code, as requested by the Applicant) meets the applicable requirements of Section 2.8.2(H) of the Code. Specifically, the Hearing Officer finds as follows: A. The Modification of Standard (“Modification #3”) requested by the Applicant is to Section 4.5(D)(1)(b) of the Land Use Code (“Land Use Standards - Density”), which establishes a maximum density in the L-M-N zone district of nine (9) dwelling units per gross acre of residential land. B. The Manhattan Townhomes project was originally approved in 2005, with a Major Amendment approved in January 2006. The expired Major Amendment provided 41 dwelling units on 10.42 gross acres. The 10.42 acres included two tracts (Tract 1 consisting of 2.21 acres – which the Applicant proposed to develop with the 36 attached single family units -- and Tract 2 consisting of 8.21 acres to accommodate a regional detention pond). C. The Applicant is requesting approval for 36 single-family attached units on Tract 1 consisting of approximately 2.21 acres; which results in an overall density of 16.3 dwelling units per gross acre of residential land. D. Modification #3 is not detrimental to the public good; and E. Modification #3 satisfies Section 2.8.2(H)(4) of the Code – the Application as submitted will not diverge from the standard set forth in Section 4.5(D)(1)(b) except in a nominal, inconsequential way when considered from the perspective of the entire Application and will continue to advance the purposes of the Land Use Code as 6 contained in Section 1.2.2. Specifically, the Hearing Officer finds that the final plan is consistent with the development pattern originally approved for the subject property in the 2005-06 timeframe and that the 8.21 tract was acquired by the City for regional stormwater detention purposes and the detention pond has been completed. The Hearing Officer concludes that the project will advance the purposes of the Land Use Code as articulated in Section 1.2.2 including the following: (1) 1.2.2(G) increasing public access to mass transit, sidewalks, trails, bicycle routes and other alternative modes of transportation; and (2) 1.2.2(L) encouraging the development of vacant properties within established areas. DECISION Based on the findings set forth above, the Hearing Officer hereby enters the following ruling: A. The Article 3 Modifications (Request for Modification of Section 3.5.2(E)(2) and Section 3.5.2(D)(1) of the Land Use Code, being Modifications #1 and #2 discussed above) are approved for the subject property. B. The Article 4 Modification (Request for Modification of Section 4.5(D)(1)(b), Modification #3 discussed above) is approved for the subject property. C. The Application (Manhattan Townhomes Second Filing Final Plan, FDP #150021) is approved for the Subject Property as submitted, subject to the following conditions: 1. that the Applicant/Owner provide appropriate signage along the private drive, where private internal sidewalks intersect with the private drive in order to clearly delineate pedestrian crossings; and 2. that the Applicant/Owner install “No Parking Any Time” signage in the locations shown on the Revised Paving Plan, or in such other locations as required by the City Traffic Engineer during final Staff review of the Final Plan in order to promote safe turning movements. Specifically, the signage shall be installed and maintained in order to ensure that appropriate sight triangles exist at the intersections of the private drives and Manahattan Avenue (specifically the driveways/private drives located between Buildings A and B and Buildings D and E); and 3. that the Applicant/Owner make revisions to the Revised Photometric Plan and/or Landscape Plan as necessary to ensure that lighting fixture illumination levels comply with the foot-candle requirements set forth in the LUC and that up-lighting, spill light and light diffusion is minimized to the maximum extent practicable into neighboring properties. 7 DATED this 29th day of September, 2015. ___________________________________ Marcus A. McAskin Hearing Officer 8 ATTACHMENT A Staff Report ITEM 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: Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 2  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. Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 3 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. Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 4 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. Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 5 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 Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 6 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, Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 7 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). Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 8 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 Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 9 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 Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 10 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, Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 11 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) Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 12 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. Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 13 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. Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 14 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). Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 15 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 Manhattan Townhomes Second Filing Final Plan, FDP #150021 Administrative Hearing, September 14, 2015 Page 16 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, 2015 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, 2015 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)