HomeMy WebLinkAboutEAST RIDGE THIRD FILING (FORMERLY EAST RIDGE - RESIDENTIAL) - PDP - PDP170006 - REPORTS - RECOMMENDATION/REPORT 4
•
• •
Agenda Item 3
STAFF REPORT May 24, 2017
Administrative Hearing
PROJECT NAME
EAST RIDGE FILING THREE PROJECT DEVELOPMENT PLAN, # PDP170006
STAFF
Pete Wray, Senior City Planner
PROJECT INFORMATION
PROJECT DESCRIPTION: This is a request to develop Filing Three, a portion of the East Ridge Overall
Development Plan, approved on August 13, 2015. The parcel is located generally
at the southeast corner of Timberline Road and East Vine Drive.
The proposed project includes a total of 209 single-family attached residences
within the existing Tracts A, B, and C of the East Ridge Second Filing
development on approximately 33.4 acres. This project proposes 139 on-street
parallel parking spaces and 418 garages (2 per dwelling unit), recreation pool
facility, and a regional multi-use path along Timberline Rd. The project is located
in the L-M-N, Low Density Mixed-Use Neighborhood zone district, subject to a
Type I Administrative Review. The proposal includes three requests for
modifications: relationship of dwellings to streets, side and rear yard setbacks,
and temporary street turnaround
APPLICANT: Russell + Mills Studios
Craig Russell, RLA Planner
141 S. College Ave
Fort Collins, CO 80525
OWNER: Hartford Companies
1218 W. Ash St., Suite A
Windsor, CO 80550
RECOMMENDATION: Approval
EXECUTIVE SUMMARY
The East Ridge Filing Three Project Development Plan (P.D.P.) complies with the applicable requirements of the
City of Fort Collins Land Use Code (LUC), more specifically:
• The P.D.P. complies with process located in Division 2.2- Common Development Review Procedures
for Development Applications of Article 2 - Administration.
• The P.D.P. complies with relevant standards located in Division 4.5, Low Density Mixed-Use
Neighborhood (L-M-N) zone district.
Item #3 Page 1
• • �.
Agenda Item 3
• The P.D.P. complies with the relevant standards located in Article 3- General Development
Standards, with three requests for Modification of Standards.
• The P.D.P. complies with the related East Mulberry Corridor Plan.
STAFF COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North Larimer County(FA-1) Vacant land in Larimer County, and
BNSF Rail Road Property
South Larimer County Industrial (I) Existing residence, farm and sand gravel operation
East Low Density Mixed-use Vacant land
Neighborhoods (LMN)
West Larimer County Open (0), Industrial Existing commercial/industrial and residential
The following approvals have been granted:
On February 19, 2002, the Property was annexed as the East Ridge Annexation and zoned Low Density Mixed-
Use Neighborhoods (L-M-N). The Annexation Ordinance was recorded on May 13, 2002 of the Larimer County,
Colorado records. The Annexation Plat was recorded the same day.
On August 26, 2005, the Overall Development Plan (ODP) was approved by the Planning and Zoning Board.
On July 13, 2009, the Final Development Plan (FDP)for the Project was approved by the Director of Planning. A
subdivision plat of the Property was recorded July 13, 2009 of the Larimer County, Colorado records.
On January 27, 2016 the East Ridge Second Filing (Major Amendment and Replat#MJA150005) was approved by
the Hearing Officer.
The East Mulberry Corridor Plan (EMCP), adopted in 2003 established the land use framework for this area. The
proposed P.D.P. is consistent with the EMCP, which recommends the L-M-N designation.
2. East Mulberry Corridor Sub-area Plan:
The East Mulberry Corridor Plan (EMCP) was adopted in 2002 and formed the basis of the subject site's Low
Density Mixed-Use Neighborhood zone district designation. The Plan was updated in 2003 and 2005. The EMCP
is an element of City Plan and is consistent with the policies for designating future land use and ultimate zoning.
The zoning of the site remains consistent across both plans. Highlights of the EMCP, as it relates to East Ridge
Filing Three, are summarized as follows:
• Support a mix of housing types and balance between residential and non-residential uses.
• Identify locations for new mixed-use residential neighborhoods, supporting local adjacent land uses and
providing additional homes for the community-at-large.
• The East Mulberry Corridor study area will support a mix of housing by both maintaining existing housing
stock and encouraging new development of a variety of housing types and choices.
Item#3 Page 2
• •
Agenda Item 3
The East Ridge Third Filing P.D.P. fulfills the vision of the EMCP by adding higher density housing units within
close proximity to future commercial services and transit. The P.D.P. contributes to building a more complete
street network in the area.
Vicinity Map
/ ._
J
--------77<<7
E Vine Dr _--
% 4111;" '
5MIl .
...,..I , l
lif ullll BtpaneSt'a
111
— 111 . .1l1 _ I ulg i - -I �:Annabel Ave _
i
Sykaa or Jay Di ,''` 3� 1� ��� �o�1!1m . f t I _.
o Tana % �� I����U11111111111(l 111111 J
tillinllll II I 1111
tit.a N /( i f`
Terry Dr Corbin 11-1 II111 I11 1 I
II
I 11 Hill [ [1
c (J
b- NanSt
/ . llll
„ Crusader St
%Site 4 = �TT i [4 l ii i l I 1
plNrnationd Blvd }tttf\,„
ir
) %)
g
1 inch=500 feet
East Ridge Third Filing
Wit_,
Item #3 Page 3
r
• • Agenda Item 3
3. Compliance with Applicable L-M-N District Standards [Division 4.51:
A. Purpose:
The purpose of the L-M-N District is as follows:
The Low Density Mixed-Use Neighborhood District is intended to be a setting for a predominance of low
density housing combined with complementary and supporting land uses that serve a neighborhood and are
developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose
of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of
housing choices that invite walking to gathering places, services and conveniences, and that are fully
integrated into the larger community by the pattern of streets, blocks, and other linkages.
The proposed project remains consistent with the stated purpose of the zone district. The East Ridge Third
Filing plan integrates with the existing L-M-N East Ridge Second Filing, Collins Aire mobile home park
neighborhood to the west and fills in a designated swath of residential use that includes the adjacent vacant L-
M-N land to the south and east.
B. Section 4.5(B)(2)—Permitted Uses
The P.D.P. includes two land uses—single family attached and neighborhood support recreation facilities.
Both are permitted in the L-M-N zone subject to Administrative (Type One) Review.
C. Section 4.5(D)(1)—Density
The P.D.P. features a total of 209 single-family attached residences on 33.4 acres for a gross density of 6.26
dwelling units per gross acre. There are several parcels that are deducted from the gross acreage in
accordance with Section 3.8.18(Residential Density Calculation). This includes HOA outdoor spaces, natural
habitats and features, and private drives and alleys resulting in a net acreage of 20.4 acres and a net density
of 10.2 dwelling units per acre.
The gross density is well under the maximum allowed (9 d.u./acre) and the net density exceeds the required
minimum of 4 d.u./acre, thus complying with the standard.
D. Section 4.5(D)(2)—Mix of Housing
The approved O.D.P. contained four housing types including: Single Family Detached (Front Loaded Garage),
Single Family Detached (Alley), Single Family Attached, and Multi-family. Filing Two included two housing
types, Single Family Detached (Front Loaded Garage), and Single Family Detached (Alley). The O.D.P.
includes a future phase of a combination of multi-family, single-family attached and or two-family residential
housing types, thus satisfying the required four housing types. Filing Three includes single-family attached
units.
E. Section 4.5(E)(1)(a)—Streets and Blocks—Street System Block Size
This standard requires that the local street system provide an interconnected network of streets such that
blocks do not exceed 12 acres. The P.D.P. features a network of streets that result in no block exceeding 12
acres.
F. Section 4.5(E)(1)(b)—Streets and Blocks—Mid-Block Pedestrian Connections
This standard requires that if any block face is over 700 feet long, then walkways connecting to other streets
must be provided at approximately mid-block or at intervals of at least every 650 feet, whichever is less.
Item #3 Page 4
• •
Agenda Item 3
For each block face that is longer than 700 feet long, a mid-block bicycle and pedestrian connection is
provided at intervals that do not exceed 650 feet, thus the project complies with the block standard.
4. Compliance with Applicable Article Three General Development Standards:
A. Section 3.2.1 —Landscaping
The P.D.P. complies with this standard. All public streets will be landscaped with street trees, including the
external streets, consistent with the Larimer County Urban Area Street Standards. The P.D.P. provides canopy
street trees at 30-40 foot spacing along all street parkway landscaping areas and separated from street light
locations.
The plan provides landscape area treatments for all open areas, buffers, detention areas and park locations
with turf grass, planting beds and trees.
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 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.
The proposed development exceeds the standards and intent of this section by providing a highly
interconnected walkway system that emphasizes bicycle and pedestrian circulation and provides street design
enhancements including medians, consolidated driveway curb cuts and the utilization of alleys, shared
driveways and traffic calming measures to mitigate the impact of vehicles on internal streets and improve the
overall visual character of the neighborhood.
The plan provides for an off-street pedestrian and bicycle circulation system that connects to a central park,
wetland area and regional multi-use path along Timberline Road.
Minimum off-street parking quantities required for the project are satisfied through a combination of garage
spaces associated with the dwellings and 101 off-street surface spaces. All 209 single-family dwellings shall
provide a two car garage (total of 418 spaces), and this satisfies the parking requirements for each single-
family lot. Additionally, the project provides 139 on-street parallel parking spaces along public streets.
C. Sections 3.2.3(C)and(F)—Solar Orientation
This standard requires that at least 65%of the lots (136) be oriented to within 30 degrees of an east-west line.
The P.D.P. provides 81% (169 lots) at this orientation, thus complying with this standard.
D. Section 3.3.1(B) (C)—Plat Standards—Lots and Public Dedications
All lots gain access to a public street. The general layout of lots, roads, driveways, utilities, drainage facilities
and other services are designed in a way that enhances an interconnected street system within and between
future neighborhoods and preserves natural features. Dedications are platted for drainage and utility
easements as well as public access easements for the off-street walkways.
F. Section 3.5.1 —Project Compatibility
The P.D.P. is zoned L-M-N, and is located across Timberline Road from the existing Collins Aire Mobile Home
Park, Timbervine, and Dry Creek neighborhoods to the west, and future L-M-N residential to the south and
east. The P.D.P. will provide direct street and pedestrian connections to Timberline Road, and to future
residential neighborhoods adjacent to this site.
G. Section 3.5.2(C)—Housing Model Variety
Item #3 Page 5
• •
Agenda Item 3
For developments of 100 or more single-family dwelling units,four different types of housing models are
required. The housing models have not yet been selected at the PDP stage. The standard acknowledges that
enforcement occurs at the time of building permit review, in accordance with Section 3.8.15.
H. Section 3.5.2(D) (1)—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 connecting walkway with no primary entrance
more than two hundred(200) feet from a street sidewalk.
The proposed project is in compliance with this standard, with the exception of Block 2, Lots 1-60, with building
entrances that face north towards E. Vine Drive and the BNSF Rail mainline. For these lots, the project
proposes a modification to this standard, which is discussed on subsequent pages of this staff report.
1. Section 3.5.2(E) (3)—Side and Rear Yard Setbacks
(3) Side and Rear Yard Setbacks. The minimum side yard setback for all residential buildings and for all
detached accessory buildings that are incidental to the residential building shall be five (5) feet from the
property line, except for alley-accessed garages, for which the minimum setback from an alley shall be eight
(8) feet.
The proposed project includes a rear yard setback along an alley from 8'to 6'from rear lot line for the dwelling
units in Block 1, Lots 1-20; Block 2, Lots 1-75; Block 3, Lots 1-14. The project is requesting a modification to
this standard, which is discussed on subsequent pages of this staff report.
J. Section 3.6.2(E)—Streets, Streetscapes, Alleys and Easements
(E) Except as provided in subsection (D)above for cul-de-sacs, no dead-end streets shall be
permitted except in cases where such streets are designed to connect with future streets on
abutting land, in which case a temporary turnaround easement at the end of the street with a
diameter of at least one hundred(100) feet must be dedicated and constructed. Such
turnaround easement shall not be required if no lots in the subdivision are dependent upon
such street for access.
The proposed project, in lieu of a temporary turn around, is proposing an alternative by means of a return loop
via a private drive from the end of Barnstormer Street to other streets to the west, including Marquise and
Yeagar Streets, Navion Lane and Vicot Way. The project is requesting a modification to this standard, which is
discussed on subsequent pages of this staff report.
K. Section 3.6.4— Transportation Level of Service(LOS) Requirements
The original project, approved in 2005, included a Traffic Impact Study(TIS)that detailed anticipated vehicular
trips, especially as it relates to road capacity reservation at Vine/Lemay. The approval, which is still current,
allows up to 8,200 daily vehicular trips from the site. The amendment to the Overall Development Plan (ODP)
in 2015, including a major amendment and replat reflecting land uses and their associated vehicular trip
generation that are equal to or less than the approved capacity reservation.
Filing 2 included 428 single family detached and 140 single family attached units that totaled 4,888 daily
vehicular trips, and Filing 3, now in the review process, includes 209 single family attached units that total
1,214 daily vehicular trips The total daily vehicular trips from both Filing 2 and Filing 3 is 6,102 daily vehicular
trips.
Since the total proposed daily trips from the site (6,102) are less than the already approved 8,200 trips, the
level of service standards, shown to be met with the original approval and the capacity reservation at Vine/
Item #3 Page 6
• •
• Agenda Item 3
Lemay related to potential Adequate Public Facilities (APF), are applicable and adequate. Future filings could
allow up to 2,099 additional trips (8,200 minus6, 102 trips).
East Ridge is served by a network of public streets which provide an adequate level of both internal and
external connectivity, given the existing constraints within the area for potential street connections. The
development has been required to make improvements along Timberline including widening, curb, gutter,
sidewalk and auxiliary turn lanes (including a center left turn lane). Any future proposals beyond the previously
approved 8,200 daily trips will require additional mitigation.
5. Modification of Standards:
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).
Modification of Standard Request to Section 3.5.2(D)- Relationship of Dwellings to Streets and Parking
Modification Description:
The proposed project is in compliance with this standard, with the exception of Block 2, Lots 1-60, with building
entrances that face north towards E. Vine Drive and the BNSF Rail mainline.
Land Use Code Standard Proposed to be modified:
Section 3.5.2(D) -Relationship of Dwellings to Streets and Parking
(2) 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
Item#3 Page 7
• •
Agenda Item 3
primary entrance to a dwelling unit shall face a connecting walkway with no primary entrance
more than two hundred(200) feet from a street sidewalk.
Applicant's Justification:
By reason of exceptional physical conditions and exceptional narrowness of the lot that these units are
located on the applicant is submitting this modification request. The lot is constrained by the following:
- Railroad to the north preventing access to Vine Drive
- Railroad R.Q.W. building setback (30)
•
- Barnstormer Street to the south
The site plan presented in the preliminary development plan creates a cohesive and efficient layout and
accomplishes the following:
- Creates clear circulation for both vehicular and pedestrian movement
- Provides a generous buffer between the railroad with rows of mature evergreen and deciduous trees
- Provides enlarged open space areas with community gathering spaces
- Building setbacks are varied along Barnstormer Street
- Extended driveways along the private drive allow for ornamental tree and understory plantings
Staggered buildings allow for an alignment shift along the private drive and provide for
extensive planting and canopy/ornamental trees along private drive, softening the overall feel
Alternate site plans that would meet the standards of LUC 3.5.2(D) (1) have been explored and result in the
following:
- Inefficient and unnecessarily costly road layout
- Dead end private drives
- Excessive access points along Barnstormer Street
- Numerous intersection distance conflicts that do not meet LCUASS standards
- Emergency access issues
The modification requested is by reason of exceptional physical conditions unique to the property, such as
exceptional narrowness. 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.
Staff Evaluation of the Modification:
Staff finds that the request for a Modification of Standard to Section 3.5.2(D) is justified by the applicable
standards in 2.8.2(H) (3).
A. The granting of the Modification would not be detrimental to the public good and;
B. The project design satisfies Criteria 3 (2.8.2(H)(3):
(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...
There is a physical hardship because Block 2 is exceptionally narrow due to the locations of the BNSF Rail
tracks and buffer setback to the north, and the proximity of Barnstormer Street to the south. As a result, these
building entrances facing north are precluded from having a direct sidewalk connection to East Vine Drive.
Item#3 Page 8
` • •
Agenda Item 3
The building entrance walkway connections to Barnstormer Street are further landscaped, including an
enhanced landscape buffer along the north property line adjacent to the BNSF tracks.
Modification of Standard Request to Section 3.5.2(E)(3)—Side and Rear Yard Setbacks
Modification Description:
The proposed project includes a rear yard setback along an alley from 8'to 6'from rear lot line for the dwelling
units in Block 1, Lots 1-20; Block 2, Lots 1-75; Block 3, Lots 1-14.
The applicant has experienced negative impacts to previous projects that have a rear lot setback standard of 8'
for an alley access condition. Those negative impacts include:
- Constrained alley condition due to parking within the 8'setback
- Constrained access issues for residents and services through the alley, i.e.
trash pick-up, snow removal, and other services, etc.
- Negative aesthetic impacts due to too many residents parking parallel along
alleys.
- Non-homeowner visitors parking in 8'setback areas thereby blocking access
and egress to and from residents'garages.
Land Use Code Standard Proposed to be modified:
Section 3.5.2(E) (3)—Side and Rear Yard Setbacks
(3) Side and Rear Yard Setbacks. The minimum side yard setback for all residential buildings and for all
detached accessory buildings that are incidental to the residential building shall be five (5) feet from the
property line, except for alley-accessed garages, for which the minimum setback from an alley shall be eight
(8)feet.
Applicant's Justification:
The paired home units provide a (2)car garage for each unit. In addition, as requested from City staff the ROW
along Vicot Way and Crusader Street south of Sykes Drive was enlarged from 53'to 57'to accommodate
sufficient room for on-street parking and travel lanes in accordance with LCUASS standards for connector local
streets. Although the ROW along Barnstormer is currently 53', the single family attached condition only occurs
along the north side of the street, with the single family detached use to the south. The widened street cross
section and location of the single family attached along only the north side of Barnstormer has created a safer
and more convenient space for residents to park within.
On-street parking includes 50 spaces on the west side of Vicot Way, 22 spaces on the south side of Crusader
Street and 67 on street spaces on the north side of Barnstormer.
Request for Modification—Section 3.5.2(E) (3)—Side and Rear Yard Setbacks
In addition, 43 off-street spaces are provided for the units along Barnstormer. As well as 54 off-street parking
spaces are provided for the units along Vicot Way and Crusader Street. The net parking ratio per unit including
on street, off-street and garage parking is 3.13.
Due to the expanded connector local ROW condition, garage and off-street parking totals and ratio per unit,
providing on-alley parallel parking in constrained conditions next to garages results in a negative aesthetic
impact, access issues for both residents and services through the alley, as well as the other negative impacts
listed above.
The resulting plan is therefore equal to or better than a plan that includes LCUASS local street standards and
parallel parking provisions along alleys, where, in all cases, on-street or on-alley parking result in constrained
Item#3 Page 9
• •
Agenda Item 3
conditions and other negative impacts. The parallel parking provisions are not a positive addition to the plan
when the connector local street cross section is used to provide safer, less constrained and more effective on-
street parking.
Staff Evaluation of the Modification:
Staff finds that the request for a Modification of Standard to Section 3.5.2(E) (3) 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 1 (2.8.2(H)(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;
The proposed project is equal to a compliant plan in that it provides sufficient parking along strategic locations
on the private drives, and along adjacent public streets in Blocks 1-3,to satisfy parking demand. Further, staff
finds that the proposed alley design, without parallel parking in front of the garages, is enhanced with
additional landscaping and planting islands and the off-set private drive centerline results in an improved
aesthetic appearance and environment for users in these alley areas.
Modification of Standard Request to LUC Section 3.6.2(E)—Streets, Streetscapes, Alleys and
Easements
Except as provided in subsection (D)above for cul-de-sacs, no dead-end streets shall be permitted except in
cases where such streets are designed to connect with future streets on abutting land, in which case a
temporary turnaround easement at the end of the street with a diameter of at least one hundred(100) feet
must be dedicated and constructed. Such turnaround easement shall not be required if no lots in the
subdivision are dependent upon such street for access.
Modification Description:
The applicant has submitted a request for approval of a modification to the temporary turn around requirement
for dead end streets located at the east end of Barnstormer Street and the south end of Vicot Way.
In lieu of the temporary turn around that would normally be provided by the cul-de-sac, the Applicant proposes
a private drive connection from Barnstormer Street to Vicot Way.
The cul-de-sac turn around constrains the eastern portion of the single family attached lots along Barnstormer
Street. This creates a plan that:
• Does not provide adequate open space areas for community/informal gathering for the
development due to the large turn around distance needed
• Does not provide adequate separation distance between buildings
• Creates unnecessary turn around infrastructure for the development
The cul-de-sac turnaround at the end of Vicot Way constrains the south and east portion of the single family
attached units in the same ways listed above.
Applicant's Justification:
The proposed plan will provide adequate emergency access and meets the needs of the modification. The
units along Barnstormer Street and Vicot Way will be adequately served for all emergency needs.
Item #3 Page 10
• •
Agenda Item 3
The modification requested is based on a modification of standard that is equally well or better than would a
plan that complies with the standard.
LUC Sec. 2.8.2(H) (1)—Equally well or better than would a plan which complies with the standard
Due to the plan proposing for the emergency access to circulate through the private drive this plan is equally
well or better than would a plan which complies with the standard. The circulation through the private drive will
be a dedicated emergency access easement as well.
For all the reasons cited above, the Applicant requests a modification of the standard in LUC Section 3.6.2(E)
to allow the temporary turn around to be replaced in the plan with circulation through the private drive.
Staff Evaluation of the Modification:
Staff finds that the request for a Modification of Standard to Section 3.6.2 (E) 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 1 (2.8.2(H)(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;
The proposed circulation is equal to or better than a compliant plan because the proposed vehicle access
allows circulation through adjacent private drives that connects to public streets in the area. A concurrent
variance was supported by Engineering staff for this change, and this request for Modification of Standard is a
required follow up action. Emergency access is maintained in these two areas.
6. Neighborhood Meeting:
A neighborhood meeting was not required since this project is a Type I review.
7. Findings of Fact:
In evaluating the request for the East Ridge Filing Three P.D.P., staff makes the following findings of fact:
A. The P.D.P. complies with the East Mulberry Corridor Sub-area Plan.
B. The P.D.P. and proposed Modifications of Standard comply with the applicable procedural and
administrative requirements of Article 2 of the Land Use Code.
C. The P.D.P. complies with the land use and the applicable development standards of the L-M-N
zone district as found in Article 4 of the Land Use Code.
D. The P.D.P. complies with the applicable General Development Standards of Article 3 of the
Land Use Code, with the exception of a request for three Modification of Standards to Section
3.5.2 (D), Section 3.5.2 (E)(3), and Section 3.6.2 (E).
E. The request for a Modification of Standard to Section 3.5.2(D)- Relationship of Dwellings to
Streets and Parking, 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 request satisfies Criteria (2.8.2(H)(3):
Item #3 Page 11
• •
Agenda Item 3
(3)...by reason of exceptional physical conditions or other extraordinary and exceptional
situations, unique to such property, including, but not limited to, physical conditions such as
exceptional narrowness, shallowness or topography, or physical conditions which hinder the
owner's ability to install a solar energy system, the strict application of the standard sought to
be modified would result in unusual and exceptional practical difficulties, or exceptional or
undue hardship upon the owner of such property,provided that such difficulties or hardship
are not caused by the act or omission of the applicant...
The project design satisfies Criteria (2.8.2(H)(3);there is a physical hardship because Block 2
is exceptionally narrow due to the locations of the BNSF Rail tracks and buffer setback to the
north, and the proximity of Barnstormer Street to the south.
F. The request for Modification of Standard to Section 3.5.2(E) (3)—Side and Rear Yard
Setbacks, 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 request satisfies Criteria (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 granting of the Modification would not be detrimental to the public good. The proposed
project is equal to a compliant plan in that it provides sufficient parking along strategic
locations on the private drives, and along adjacent public streets in Blocks 1-3,to satisfy
parking demand. Further, staff finds that the proposed alley design, without parallel parking in
front of the garages, is enhanced with additional landscaping and planting islands and the off-
set private drive centerline results in an improved aesthetic appearance and environment for
users in these alley areas.
G. The request for Modification of Standard to Section 3.6.2(E) (3)—Streets, Streetscapes,
Alleys and Easements 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 request satisfies Criteria (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 proposed vehicular circulations is equal to or better than a compliant plan, because the
proposed vehicle access allows circulation through adjacent private drives that connect to
public streets in the area. A concurrent variance was supported by Engineering staff for this
change, and this request for Modification of Standard is a required follow up action.
Emergency access is maintained in these two areas.
RECOMMENDATION:
Staff recommends Hearing Officer Approval with the following motion:
Approve the East Ridge Filing Three P.D.P., #PDP170006, and Modifications of Standard to Section 3.5.2 (D),
Section 3.5.2 (E)(3), and Section 3.6.2 (E), based on the Findings of Fact described in this staff report.
Item#3 Page 12
• •
Agenda Item 3
ATTACHMENTS:
1. Site Plans
2. Plat Plans
3. Landscape Plans
4. Utility Plans
5. Lighting Plan
6. Building Elevations
7. Modification Request—Relationship of Dwellings to Streets and Parking
8. Modification Request—Rear Building Setback
9. Modification Request—Temp Turn Around
Item#3 Page 13