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HomeMy WebLinkAboutLIVING OAKS - PDP - PDP170009 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS (9)141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 1 Modification of Standards Requests Living Oaks at 221 E. Oak Street June 16, 2017 Project Description This is a request for six (6) modifications concurrently with a Project Development Plan (PDP) for 221 E. Oak Street. All six (6) modifications relate to the development standards in the Neighborhood Conservation Buffer (N-C-B) district. The concurrent submittal for a PDP is a request to redevelop an existing, vacant lot into four (4) Net Zero Energy (NZE) condominium/townhomes of 2,300 SF each, or 9,200 GSF total. The building is three stories with photovoltaics on the of the roof. The project is registered with and will be certified as NZE by the International Living Futures Institute (ILFI) through the Living Building Challenge (LBC). http://living-future.org Context The lot at the north east corner Oak and Mathews is non-conforming as it is less than 5,000 SF (92’ x 50’ yielding 4,600 SF). There is no alley access. The site is vacant, having formerly been an auto garage some 40 years ago. There are 3 orphan fuel tanks buried on the site that will have to be removed. The Public Good The lot is an eyesore crying for development. The site is compromised because of its small size and lack of alley access. It has sat vacant for +8 years. This new proposed living building will add value to neighboring properties including the open space of Library Park. Upon completion, as a part of the educational requirement for certification with the Living Building Challenge, it will have an open house educating the public of the viability and desirability of the City of Fort Collins’s sustainability goals. Land Use Code Standards Relating to the Five Modification Requests Modification 1 - 4.9(D)(1) Density Modification 2 - 4.9(D)(5) Allowable Floor Area on Rear Half of Lots. Modification 3 - 4.9(D)(6)(b) Dimensional Standards. Minimum front yard setback. Modification 4 - 4.9(D)(6)(c) Dimensional Standards. Minimum rear yard setback. Modification 5- 4.9(D)(6)(d) Dimensional Standards. Minimum side yard width. Modification 6-3.2.2(K)(1) Access, Circulation and Parking Alternative Compliance 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 2 Land Use Code Modification Criteria Div. 2.8.2 (H) Step 8 (Standards): Applicable, and 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). Modification Criteria and Support Findings Modification 1-LUC 4.9(D)(1) Density Standard: (1) Density . Minimum lot area shall be equivalent to the total floor area of the building(s), but not less than five thousand (5,000) square feet. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings, including each finished or unfinished floor level, plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density). 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 3 Proposal: The proposed total gross area for the building is 9,200 SF on a 4,600 SF lot, thus the proposed building exceeds the standard by 4,600 SF. We are requesting a 2:1 FAR instead of the standard of 1:1. Justification: We believe this increase in density is reasonable for the N-C-B zone which is intended as a transitional zone between the more dense Downtown district zone and the surrounding residential zones. In addition, there is recent precedence for this increased residential density in the N-C-B zone at the south end of the block at The Townhomes at Library Park which was granted the modification by individual townhome of 2.34-3.64:1 FAR. The modification of this standard would not be detrimental to the public good in any way. Modification 2-LUC 4.9(D)(5) Rear Half of Lots Standard: (5) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall not exceed thirty-three (33) percent of the area of the rear fifty (50) percent of the lot. Proposal: We propose to build 2,838 SF on the rear half of the lot although the standard only allows 759 SF with 1:1 density. Justification: The site is not economically developable to the level equal to the value of land in this district with this and the (1) Density and the other (6) Dimensional standards as the following diagram shows. The proposed building is pushed to zero lot line on the north (front) half of the lot for two reasons: Sun access for the photovoltaic panels and maintaining an urban street edge (discussed further in this document). Therefore, the square footage proposed in the rear half of the lot is only 28% of the total proposed 9,200 SF building. (2,610/9,200 = .284) 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 4 The Applicant believes the Modification proposed meets the standard equally well or better given the surrounding context. Modification 3 - 4.9(D)(6)(b) Dimensional Standards. Min. front yard setback. Standard: (b) Minimum front yard setback shall be fifteen (15) feet. Proposal: The proposed Oak Street facing front of building is at zero lot line setback except for entrances into the units which are 5’-6” back from property line. Justification: The building faces Oak Street which has zero lot line directly west of the alley, as well as across the street in the Downtown district. Therefore, to have a consistent urban condition along both sides of Oak would meet the standard equally well or better in this context. 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 5 Modification 4 - 4.9(D)(6)(c) Dimensional Standards. Minimum rear yard setback. Standard: (c) Minimum rear yard setback shall be five (5) feet from existing alley and fifteen (15) feet in all other conditions. Proposal: The majority of the proposed building is set back fifteen (15) feet from the rear property line. The first floor is twenty (20) feet, the second floor is fifteen (15) feet (excluding balconies), and the third is ten (10) feet. Justification: Because this lot is under 5,000 SF and on a corner, getting a footprint to work within the existing LUC for N-C-B zone is a challenge, especially for a Net Zero Energy building. Floors one and two of the building comply with the standard, but the third floor is 66% over the required fifteen (15) feet for two reasons: to house photovoltaics on the roof and to maximize the efficiency of the unit. The Applicant believes the Modification proposed affects the standard in a nominal and inconsequential way. Modification 5 - 4.9(D)(6)(d) Dimensional Standards. Min. side yard width. Standard: (d) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eighteen (18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Proposal: We propose to modify the corner side (east) yard setback to have a zero lot line setback at Mathews Street, and to modify the incremental setback required at eighteen (18) feet for both the interior side and the corner side face. The west side of the building complies with the standard for the setback of five (5) feet at the interior side yard. Justification: The N-C-B district is a transition district and that being, this lot, on the edge of the Downtown district, more closely resembles the urban scale and setbacks of that zone. The building is proposed at zero lot line at the Mathews Street (as well as Oak Street; see previous Modification 3) so as to anchor the corner. In this way, the proposed building is contextual with both the south end of this block, the Townhomes at Library Park, and the north corner of 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 6 the next block, the MAVD. (The corner directly across is a future redevelopment site and one would assume it would also request zero lot line.) In addition, from an urban design perspective, establishing the block face and framing the open space of Library Park boosts the intrinsic value for pedestrians. See diagrams that follow. For the second part of this standard, our justification for not setting back the façade on the sides at increments above 18’ is related to the scale and the massing of the Downtown zone. Like many of the urban store front buildings in Downtown, the proposed project is a simply articulated form to meet the constraints of the small site. Being a block away from the Downtown zone, we believe this is a contextual response to have an unfettered, vertical block face and is the future of development of this area. Our proposal is also rooted in necessity; a Net Zero Energy building requires a very efficient envelope that has restrained articulation to minimize the potential for air leakage. However, the project has six (6) inch deep window openings and balcony railings to create contrast, as well as visually transparent, pedestrian friendly street façade. The building skin is also visually compelling and composed of a high quality terracotta material similar to modern brick. The Applicant believes this modification would meet the standard equally well or better in this context and would not be detrimental to the public good in any way. 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 7 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 8 Modification 6-3.2.2(K)(1) Access, Circulation and Parking Alternative Compliance (*note: This project was granted a Stand Alone Modification Request for car share, off-site parking, and transit passes on December 15, 2016. However, the size of the project was reduced from 6 units to 4, hence the inclusion for a Modification in this document.) Standard Per Land Use Code 3.2.2 (K)(1) multi-family residential parking requirements are 1.75/two bedroom unit, or in the TOD 1.0/two bedroom unit. Proposal: The required parking for multi-family projects per LUC 3.2.2 (K) stated above, would result in seven (7) required on-site parking spaces for this project (1.75 x 4 = 7). The applicant proposes to meet this requirement by providing one electric carshare vehicle onsite (per TOD standards, 1 careshare = 5 spaces), and four (4) parking spaces (one 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 9 per unit) reserved in the Old Town Garage to be managed by the Living Oaks HOA, and two (2) transit passes per unit. In addition, the project is providing six (6) new on street parking spaces by closing the existing 35’ wide curb cut on Oak Street. The modification of this standard would not be detrimental to the public good in any way. The Applicant believes the Modification proposal meets three of the four LUC Modification Criteria. Justification 1: (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; N-C-B zone district is intended as a transitional zone, but because this property is on both the north and west edge of the Downtown District and the Transit Oriented Development (TOD) district, it resembles the character and intensity of those areas more closely. According to the Transit Oriented Development Institute, the definition of a TOD is “compact, walkable, mixed- use communities centered around transportation nodes reachable in a 10 minute walk or within ½ of a mile.” Although the site is just outside the Fort Collins TOD, it is within a ¼ of a mile of the Mason Transit Corridor as the graphic below shows. Listed below, also from the Transit Oriented Development Institute, are other typical TOD characteristics: -Walkable design with pedestrians as the highest priority -A regional node containing a mixture of uses in close proximity (office, residential, retail, civic) -Moderate to High density, walkable district within 10-minute walk (.5 mile) circle surrounding transit corridor -Designed to include the easy use of bicycles and scooters as daily support transport -Reduced and managed parking inside 10-minute walk circle around town center/ transit station The applicant believes that this project is a Transit Oriented Development even if not within the overlay boundaries. In addition, if as a community, we are dedicated to making Fort Collins an exemplary environment for pedestrians and bicyclists, we need to encourage parking in centralized parking structures. There are 3 garages within ¼ mile (5 min walk) that offer permit parking (875 spaces) and two lots (224) within a 5 minute walk, and another 904 car garage within a 10 minute walk (.5 mile) for a total of 2,003 spaces. Also shown on map below. 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 10 Justification 2: (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; The applicant believes this project supports City of Fort Collins Comprehensive Plan and the City of Fort Collins 2016 Strategic Plan objectives. According to City Manager, Darin Atteberry, the plan is our “roadmap to achieve the City’s vision of providing world-class municipal service through operational excellence and a culture of innovation.” Listed here are several objectives directly from the 2016 Strategic Plan that this project addresses: Neighborhood Livability & Social Health 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 11 1.1 Improve access to a broad range of quality housing that is safe, accessible and affordable. Retirees or couples who are downsizing, or professionals who work in downtown are part of the target market of this project. These population groups have been a driving factor in the desire for more walkable, less car-centric communities, according to research presented in the book, Walkable City, by Jeff Speck. 1.5 Guide development compatible with community expectations through appropriate planning, annexation, land use, historical preservation and development review processes. The proposed project is following the city review processes, helping the city to break new ground in supporting modern sustainable infill development within the existing urban fabric. The project is accepted into the Integrated Design Assist Program (IDAP) implemented by the City of Fort Collins Utilities Program that will assist with maximizing energy efficiency. 1.6 Improve neighborhood parking and traffic issues. A key element of the Living Oaks project is to minimize parking requirements. Part of our proposal is geared to encourage residents to utilize the long-term lease in the Old Town Garage, which is included in the sale. In addition to the four garage spots, we have added six on street spaces on Oak Street. Secure bike storage racks for tenants is available inside the units. Economic Health 3.5 Foster sustainable infill and redevelopment. Living Oaks is a net zero energy project. This development could become a demonstration for the city’s sustainable development initiative. It incorporates geothermal and solar energy and encourages residents to reduce dependency on individual cars. In addition to raising the bar for the possibilities of “green and clean” living, the project entails an environmental cleanup of an urban site that contains buried fuel tanks and possibly contaminated soil. The city has an opportunity to show future developers the preferred direction of sustainable development. Environmental Health 4.1 Achieve Climate Action Plan (CAP) goals by reducing greenhouse gases (GHGs). 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 12 Living Oaks will have substantially lower greenhouse gas emission than most, if not all, buildings in Fort Collins. It is expected that there will be no emissions after construction is complete as all power is from on-site PV’s. 4.3 Engage citizens in ways to educate and encourage behaviors toward more sustainable living practices. By its presence, Living Oaks is an illustration of the possibilities of sustainable development. The building is an example of how multiple sources of green design can be utilized together to increase efficiency, and how small lifestyle changes of individual residents (i.e. sharing a car or eschewing one all together) can make a difference, especially when the building is designed to make those lifestyle choices easier. 4.5 Work towards long term net zero energy goals within the community and the City organization using a systems approach. Living Oaks is a net zero energy project, a direct contributor and forerunner to achieving these goals. The project is utilizing the Integrated Design Assist Program (IDAP) implemented by the City to maximize energy efficiency and increase transparency to City requirements. 4.9 Meet all regulatory requirements while supporting programs that go beyond compliance. As a net zero energy building, Living Oaks goes far beyond compliance. It embodies a “higher and/or best use” of the property, with requested variances in order to maximize this use. Regulatory requirements by their nature do not always facilitate innovation, based as they are on past uses and abuses. By meeting the spirit of the requirements and pushing the envelope on sustainability, Living Oaks is an invitation for the City to review the requirements and adjust for the future. Justification 4: (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 applicant believes this project is consistent with the purposes of the LUC laid out in Section 1.2.2. B) encouraging innovations in land development and renewal. (C) fostering the safe, efficient and economic use of the land, the city's transportation infrastructure, and other public facilities and services. (F) encouraging patterns of land use which decrease trip length of automobile travel and encourage trip consolidation. (G) increasing public access to mass transit, sidewalks, trails, bicycle routes and other 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 13 alternative modes of transportation. (H) reducing energy consumption and demand. (I) minimizing the adverse environmental impacts of development. (J) improving the design, quality and character of new development. (K) fostering a more rational pattern of relationship among residential, business and industrial uses for the mutual benefit of all. (L) encouraging the development of vacant properties within established areas. (M) ensuring that development proposals are sensitive to the character of existing neighborhoods. (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. 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 1 Modification of Standards Request/ADDENDEUM Living Oaks at 221 E. Oak Street June 21, 2017 Land Use Code Standard Relating to Modification 4.9(E)(g) Roof Pitch Land Use Code Modification Criteria Div. 2.8.2 (H) Step 8 (Standards): Applicable, and 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). Standard: (g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12… Proposal: 141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827 2 We propose to have a roof with greater than or equal to 8.75 degrees, which is just shy of 2:12 pitch. (1.85/12) The roof area is 75% pitched with solar panels, and 25% flat with parapet on the main street elevation. Justification: Our goal in this design was to allow for solar efficacy, but also mitigate the building height and view of solar panels from the street. We are only slightly deviated from the standard of 2:12, but the deviation in slope allows the building to be (1) one foot lower on the street side which makes the building fit into the context better. Therefore, we believe this compromise meets the standard equally well or better (justification 1) in the Old Town context.