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HomeMy WebLinkAboutRIVER MODERN - PDP - PDP150005 - DECISION - FINDINGS, CONCLUSIONS & DECISION1 CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: June 25, 2015 PROJECT NAME: River Modern Project Development Plan (PDP) CASE NUMBER: PDP#150005 APPLICANT: Roger Sherman, BHA Design 1603 Oakridge Drive Fort Collins, CO 80525 OWNER: Lynne L. Adams P.O. Box 140 Freedom, WY 83120 HEARING OFFICER: Marcus A. McAskin PROJECT DESCRIPTION: The River Modern Project Development Plan (PDP) is a proposed infill project located generally north of E. Stuart Street and the Indian Hills neighborhood, south of Spring Creek, west of the Spring Meadows development and east of the Brookhaven development. The proposed project includes fifteen (15) single-family attached dwellings (duplexes), for a total of thirty (30) residential units, and also includes the proposed re-purposing of the existing single family detached unit and garage on the subject property as a pre-school/child care center1 (River Song Waldorf). River Song Waldorf currently operates in close proximity to the subject property at 906 E. Stuart Street. The subject property consists of approximately 4.36 acres. The subject property is zoned Low Density Mixed-Use Neighborhood (L-M-N) in which both single-family attached dwellings and child care centers are permitted subject to administrative review and approval. The Application proposes to replat the subject property as the River Modern Subdivision and proposes a total of 30 residential lots ranging between 2,137 sq. ft. and 3,503 sq. feet; an access, utility and drainage easement consisting of approximately 2.085 acres (designated as Tract A on the 1 River Song Waldorf constitutes a child care center within the definition set forth in Section 5.1.2 of the Land Use Code. 2 preliminary plat); and one lot of approximately 18,789 sq. ft. (Lot 31) on which the proposed child care center would be located. A final plat will be required at the time of Final Plan submittal. As part of its PDP submittal, the Applicant is requesting a Modification of Standard to Land Use Code Section 3.5.2(E)(2), Setback from Nonarterial Streets, requesting to reduce the building front setback on specifically identified lots from the required fifteen (15) feet to between nine (9) and ten and one-half (10.5) feet. The Applicant is also requesting a Modification of Standard to Land Use Code Section 3.6.2(N)(1)(c), Street-Like Private Drives, to allow an approximate 82’ segment of the private drive in the vicinity of the proposed child care center to not have a detached sidewalk or on street parking. BACKGROUND: The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Low Density Mixed-Use Neighborhood (L-M-N) Multi-family residential South Low Density Residential (R-L) Single-family residential East Low Density Mixed-Use Neighborhood (L-M-N) Multi-family residential (Spring Meadows), and intermittent detached single-family residential along Stuart Street. West Low Density Mixed-Use Neighborhood (L-M-N) Multi-family residential (Brookhaven), and intermittent detached single-family residential along Stuart Street. SUMMARY OF DECISION: Approved, with conditions. ZONE DISTRICT: Low Density Mixed-Use Neighborhood District (L-M-N) HEARING: The Hearing Officer opened the hearing at 5:30 p.m. on Thursday, June 25, 2015, in Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado. EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as part of the record of this proceeding: (1) Submittal Checklist (2) Development Review Application Form (3) Transportation Development Review application form dated March 5, 2015 3 (4) Utility Plans Checklist (5) Ecological Characterization Study Report dated October 22, 2014 (6) Statement of Planning Objectives dated March 3, 2015 (7) Hazardous Materials Impact Analysis dated March 3, 2015 (8) Traffic Impact Study by Sustainable Traffic Solutions, Inc. dated March 3, 2015 (9) Memorandum from Sustainable Traffic Solutions, Inc. dated April 17, 2015 (10) Subsurface Soil Investigation dated February 26, 2015 (11) Preliminary Drainage Report dated April 20, 2015 (12) Subdivision Plat dated February 23, 2015 (13) Utility Plans dated May 15, 2015 (14) Photometric Plan dated May 15, 2015 (15) Grade Plane Calculations (all units) dated May 20, 2015 (16) Site Plan dated May 14, 2015 (17) Landscape Plan dated May 14, 2015 (18) Engineering Variance Request No.3- Stuart Street Access Spacing, February 27, 2015 (19) Driveway Spacing Variance Exhibit- May, 2015 (20) Color 3D Images dated June 16, 2015 (7 pages) (21) Staff Round Number 1 Comments dated March 27, 2015 with Applicant's Responses (22) Staff Round Number 2 Comments dated May 11, 2015 with Applicant's Responses (23) Modification Request- LUC 3.6.2(N)(1)(c) dated May 21, 2015 (24) Alternative Compliance Request- LUC 3.2.2(C) dated May 21, 2015 (25) Modification Request with Exhibits 1 and 2- LUC 3.5.2(E)(2) dated May 21, 2015 (26) Architectural Elevations dated June 8, 2015 (27) City of Fort Collins PowerPoint presentation title River Modern – Administrative Public Hearing and dated June 25, 2015 (28) PowerPoint Presentation title River Modern PDP Public Hearing Slideshow provided by developer (29) Request for Modification of Standard – 3.6.2(N)(1)(c) – Detached Sidewalks and On-Street Parking dated May 21, 2015 (30) Request for Modification - Section 3.5.2 (E)(2) – Residential Setback from Non Arterial Street dated May 21, 2015 (31) Document titled Exhibit 1 River Modern Proposed Site Plan 9ft min Front Façade Setbacks dated May 21, 2015 4 (32) Document title Exhibit 2 River Modern Alternative Site Plan 15ft min Front Façade Setbacks dated May 21, 2015 (33) Neighborhood Meeting Notes from December 18, 2014 (34) Neighborhood Meeting Notes from April 1, 2015 (35) Half Story Analysis Building A1 (36) Half Story Analysis Building A2 (37) Half Story Analysis Building A3 (38) Half Story Analysis Building B1 (39) Half Story Analysis Building B2 (40) Half Story Analysis Building C1 (41) Half Story Analysis Building C2 (42) Letter from Kendra and Gerald Bartley dated June 18, 2015 (43) Email from Michael Braun dated December 18, 2014 (44) Email from Loretta Dawes dated June 9, 2015 (45) Pictures from Loretta Dawes titled Taken Spring 2015 – Concern about flooding. (46) Email from Laura Gilette dated May 14, 2015 (47) Email from Meg K. Parmer dated April 8, 2015 (48) Letter from Robert W. and Elisabeth S. Springer (not dated) (49) Email from Marie Twarogowski dated April 2, 2015 (50) Email from Sandra Zwemke dated June 25, 2015 (51) Email from Stephen Presson dated June 25, 2015 (52) Letter from Juan Villasenor (not dated) (53) Letter from Pam and Max Oesterle with an Open Letter Regarding the Negative Impact to Neighbors with 36 signatures (54) Letter with pictures from Max and Pam Oesterle (not dated) In addition, the City’s Comprehensive Plan, the Land Use Code, and the formally promulgated polices of the City are all considered part of the record considered by the Hearing Officer in this proceeding. 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. TESTIMONY: The following persons testified at the June 25th hearing: From the City: Seth E. Lorson, AICP, City Planner 5 Joe Olson, P.E., City Traffic Engineer Wes LeMarque, P.E., City Stormwater Engineer Kelly Kimple, City Environmental Planning From the Applicant/ Owner: Lynne L. Adams (property owner, addressed Hearing Officer during public comment portion of hearing) Mark Goldberg, Goldberg Properties, Inc. Kyle J. Henderson, KJH Commercial, LLC Roger Sherman, BHA Design Incorporated Justin Larson, Principal Architect, VFLA Architects Jeff Hansen, AIA Associate, VFLA Architects Lucia Liley, Liley Rogers & Martell LLC Joseph Henderson, Sustainable Traffic Solutions, Inc. Mollie Simpson, BHA Design Incorporated Mike Oberlander, P.E., LEED AP, Interwest Consulting Group From the Public: Max Oesterle, 846 E. Stuart Meg K Parmer, 1724-A Brookhaven Linda Vrooman, 912 Cheyenne Kendra Bartley, 821 Apex Dr, Unit D Stefan Gessler, 1229-C Brookhaven Ct. Becky Praamsma, 906 E. Stuart St. Loretta Dawes, 1724 Brookhaven, Unit E Erika Ashauer, 3751 Eclipse Lane Rhonda Nolan, 1718C Spring Meadow Ct Devin Ferrey, 345 E. Mountain Ave. Roberta Springer, 1916 Seminole Elizabeth Springer, 1916 Seminole Pam Oesterle, 846 E. Stuart Gerard Bartley, 821 Apex #D Shem Grubon, 902 E. Stuart St. Kathleen Quinn, 1012 E. Prospect Rd Juan Villasenor, 1530 Mathews St.** Harl Hoppler, 1921 Sequoia St.** ** did not testify, but requested copy of this Findings and Decision. FINDINGS 1. Evidence presented to the Hearing Officer established the fact that notice of the public hearing was properly posted, mailed and published. 6 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, including specifically Sections 3.2.1 (Landscaping and Tree Protection), Section 3.2.2 (Access, Circulation and Parking), Section 3.2.3 (Solar Access, Orientation, Shading), Section 3.2.4 (Site Lighting), Section 3.4.1 (Natural Habitats and Features), Section 3.5.1 (Building and Project Compatibility), Section 3.5.2 (Residential Building Standards), Section 3.5.3 (Mixed Use, Institutional and Commercial Buildings), as specifically applied to the proposed child care center, and Section 3.8.4 (Child Care Center Regulations), as more specifically set forth in pages 5 – 10 of the Staff Report attached hereto as ATTACHMENT A. C. The Application complies with the request for alternative compliance with Section 3.2.3 in that it protects solar access to seventy percent (70%) of the structures, which accomplishes the purpose of the standard better than a plan that provides the required 65% solar-oriented lots. D. The Application complies with the applicable Low Density Mixed Use (L-M-N) District standards contained in Article 4, of the Land Use Code, including Section 4.5(B)(2)(a) which permits single family attached as a permitted use subject to administrative review, 4.5(B)(2)(c) which permits child care centers as a permitted use subject to administrative review, Section 4.5(D)(1)(a) which establishes a minimum density of 3/DU per net acre of residential land for developments containing 20 acres or less, Section 4.5(D)(1)(b) which establishes a maximum density of 9/DU per gross acre of residential land, and Section 4.5(E)(3) which states that the maximum residential building height shall be two and one-half (2.5) stories. The Application proposes that all 30 residential dwelling units will be 2.5 stories, in compliance with this standard. The Application proposed that the child care center will be 1.5 stories, in compliance with Section 4.5(E)(2)(c). 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 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 (the “Modification”) requested by the Applicant is to Section 3.5.2(E)(2) of the Land Use Code (“Setback from Nonarterial Streets”), which states as follows: 7 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 [Multi-Family Dwelling Development Standards, not applicable here], 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. B. The Hearing Officer specifically finds that the requested Modification is not detrimental to the public good. C. The Hearing Officer further finds that the Modification satisfies Section 2.8.2(H)(4) of the Code – the Application as submitted will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered in the context of the entire development plan, and will continue to advance the purposes of the Code as contained in Section 1.2.2, including but not limited to the following: i. Section 1.2.2(B) – encouraging innovations in land development and renewal; ii. Section 1.2.2(J) – improving the design, quality and character of new development; and iii. Section 1.2.2(L) – encouraging the development of vacant properties within established areas. The reduction of the front yard setbacks for Units 5 – 14 and Units 23 – 30 from Cherokee Drive is a nominal and inconsequential change when considered from the perspective of the entire PDP. The reduced setbacks affect the units identified above which are internal to the project, while the PDP provides increased setbacks from neighboring properties both on the east and west boundaries of the project. The Hearing Officer finds that the reduced setbacks along Cherokee Drive will: (1) reduce the impacts on existing neighborhoods to the east and the west of the subject property; and (2) have the added advantage of reducing possible overflow resident and visitor parking (by increasing the length of the driveways for Units 5-14 and 23 – 30 thereby resulting in additional overall parking for the site). 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 3.6.2(N)(1)(c) 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 (the “Modification”) requested by the Applicant is to Section 3.6.2(N)(1)(c) of the Land Use Code (“Street-Like Private Drives”), which states as follows: 8 3.6.2(N)(1)(c) Street-Like Private Drives. A street-like private drive shall be allowed as primary access to facing building or to parcels internal to a larger, cohesive development plan, or for the purposes of meeting other requirements for streets. Street-like private drives shall be designed to include travel lanes, on-street parking, tree-lined border(s), detached sidewalk(s) and crosswalks. . . . (emphasis added; balance of section omitted). B. Specifically, the Applicant is requesting that the standard be modified to allow Cherokee Drive, to have an attached sidewalk (not detached, as required by the standard) from the sidewalk’s intersection with Stuart Street and extending approximately 82’ north along the east side of Cherokee Drive, at the same width as required by the Land Use Code. In addition, the Applicant is requesting that on- street parking not be required for this same 82’ segment of Cherokee Drive. C. The Hearing Officer specifically finds that the requested Modification is not detrimental to the public good. D. The Hearing Officer further finds that the Modification satisfies Section 2.8.2(H)(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. The Hearing Officer finds that the evidence shows that installing a detached sidewalk in this location may require the demolition of the existing garage which may be utilized by River Song Waldorf as additional classroom space in the future and would reduce the size of the front play yard of the child care center. The Hearing Officer finds that the Application, with the requested modification, will provide for adequate, safe and direct access to Stuart Street, the Spring Creek Trail, the proposed single-family attached dwellings, and the proposed on-site child care center. DECISION Based on the findings set forth above, the Hearing Officer hereby enters the following ruling: A. The River Modern Project Development Plan (PDP#150005) is approved for the subject property as submitted, subject to conditions set forth below. B. The Article 3 Modifications (Request for Modification of Section 3.5.2(E)(2) and Section 3.6.2(N)(1)(c) of the Land Use Code) are approved for the subject property. C. The Applicant shall submit a final plan for the subject property within three (3) years of the date of this decision. If Applicant fails to submit a final plan to the City within said three (3) year period, this PDP approval shall automatically lapse and become null and void in accordance with Section 2.2.11(C) of the Code. 9 D. In accordance with Section 2.2.11(C) of the Code, the PDP shall not be considered a site specific development plan and no vested rights shall attach to the PDP. E. The Applicant shall cooperate with all adjoining neighbors along the east and west property lines of the subject property to establish fence heights ranging between four feet (4’) and six feet (6’). F. The Applicant shall provide an ecological survey to the City’s Environmental Planner, which survey: (1) will be prepared by a professional qualified in the area of wildlife biology; (2) shall document the existence of active Red-tailed or Swainson’s Hawk nests on the entire 4.36 acre subject property; and (3) shall be subject to the review and approval by the City. The survey shall be completed and provided to the City at least sixty (60) calendar days prior to the commencement of any construction activity on the subject property. G. If Red-tailed or Swainson’s Hawks are determined to be nesting on the subject property, the development of the subject property shall be subject to the requirements of Section 3.4.1(N)(5)(c) of the Land Use Code, including the requirement that a temporary limits of development line of a four hundred and fifty foot (450’) radius shall be established from all active nest sites during the period from February 15 to July 15 of the first year of a multi- year construction project. DATED this 10th day of July, 2015. ___________________________________ Marcus A. McAskin Hearing Officer 10 ATTACHMENT A Staff Report River Modern (900 E. Stuart) Project Development Plan PDP #15005 (15 pages – attached) ITEM NO _______1__________ MEETING DATE ___June 25, 2015___ STAFF ___Seth Lorson____ ADMINISTRATIVE HEARING Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580 fcgov.com/developmentreview/ 970.221.6750 STAFF REPORT PROJECT: River Modern (900 E. Stuart) - Project Development Plan, PDP #150005 APPLICANT: Roger Sherman, BHA Design 1603 Oakridge Drive Fort Collins, CO 80525 OWNER: Lynne L. Adams P.O. Box 140 Freedom, WY 83120 PROJECT DESCRIPTION: This is a request for consideration of a Project Development Plan (P.D.P.) for 15 two-family dwellings, 30 units in total, and a child care center (River Song Waldorf). The project is located at 900 East Stuart Street on 4.36 acres abutting Spring Creek. The property currently has one single-family dwelling which is proposed to be converted to a child care center. The northern approximate one acre of land is dedicated to the Spring Creek floodplain and natural feature buffer. The site is zoned Low Density Mixed-Use Neighborhood (L-M-N) in which two-family dwellings and child care centers are permitted subject to administrative review and approval (Type 1 Hearing). The project had two neighborhood meetings to discuss the proposal and concerns from the neighborhood. Principally, the neighbors have expressed concern about density and its potential impacts such as parking and traffic. Also, compatibility of the design with the neighborhood and the Spring Creek corridor has been cited as a concern. The notes from both meetings are attached. RECOMMENDATION:  Approval of Modification of Standard (Division 2.8) to reduce the building front setback from a non-arterial street from the required 15 feet (Sec. 3.5.2(E)) to between 9 and 10.5 feet.  Approval of Modification of Standard (Division 2.8) to vary from the design requirements of a street-like private drive (Sec. 3.6.2(N)(1)(c)) to allow a portion of the drive to not have a detached sidewalk and not have on-street parking.  Approval of River Modern - Project Development Plan, PDP #150005. River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 2 EXECUTIVE SUMMARY: Staff finds that the proposed River Modern - Project Development Plan 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 Article 3 – General Development Standards, with the exception of the following modification requests.  The P.D.P. complies with a request for a Modification of Standard (Division 2.8) to reduce the building front setback from a non-arterial street from the required 15 feet (Sec. 3.5.2(E)) to between 9 and 10.5 feet.  The P.D.P. complies with a request for a Modification of Standard (Division 2.8) to vary from the design requirements of a street-like private drive (Sec. 3.6.2(N)(1)(c)) to allow a portion of the drive to not have a detached sidewalk and not have on-street parking.  The P.D.P. complies with relevant standards located in Division 4.5 Low Density Mixed-Use District (L-M-N) of Article 4 – Districts. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Low Density Mixed-Use Neighborhood (L-M-N) Multi-family residential South Low Density Residential (R-L) Single-family residential East Low Density Mixed-Use Neighborhood (L-M-N) Multi-family residential (Spring Meadows), and intermittent detached single-family residential along Stuart Street. West Low Density Mixed-Use Neighborhood (L-M-N) Multi-family residential (Brookhaven), and intermittent detached single-family residential along Stuart Street. River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 3 2. Compliance with Article 4 of the Land Use Code – Low Density Mixed-Use Neighborhood (L-M-N): The project complies with all applicable Article 4 standards as follows: A. Section 4.5(B) – Permitted Uses The proposed land use of two-family attached dwellings and child care centers are permitted in the L-M-N District subject to administrative review. B. Section 4.5(D) – Land Use Standards 1) Density. Section 4.5(D)(1) requires that a development of less than 20 acres shall have a density between 3 dwelling units per net acre and 9 dwelling units per gross acre.  Section 3.8.18, provides the method for calculating residential density. The project is proposing 30 dwelling units on 4.36 acres for a density of 7.63 dwelling units per gross acre – below the maximum of 9 dwelling units per gross acre.  Much discussion has taken place regarding density and how it relates to the existing development in the area. The following image was 900 East Stuart River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 4 created by staff to illustrate the density of neighboring multi-family projects.  Brookhaven: 5.35 DU/AC  New Prospect: 6.2 DU/AC  Pinnacle: 7.86 DU/AC  Spring Meadows: 6.43 DU/AC  River Modern (proposal): 7.6 DU/AC 2) Mix of Housing. Section 4.5(D)(2) requires a minimum of 3 housing types - with no single housing type constituting more than 80% or less than 5% of the total number of dwelling units - for any development over 20 acres.  The proposed development is less than 20 acres, therefore this standard is not applicable. River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 5 3) Small Neighborhood Parks. Section 4.5(D)(6) requires a park to be within 1/3 mile of 90% of proposed dwellings in project greater than 10 acres.  The proposed project is less than 10 acres, therefor this standard is not applicable. However, Indian Hill Park is slightly west and across Stuart Street and Spring Creek Trail is connected to the development with an access trail. 4) Streets and Blocks. Sections 4.5(E)(1)(a & b) require that new development create an interconnected street system that bounds blocks no greater than 12 acres in size.  The proposal is only 4.36 acres in size and is confined by abutting developments the east and west that do not have street stubs that could be connected to. 5) Nonresidential and Mixed-Use Buildings. Section 4.5(E)(2) only applies to the child care center which is going into the existing single-family dwelling with little alteration to the structure. 6) Maximum Residential Building Height. Section 4.5(E)(3) requires a maximum height of two and one-half (2.5) stories.  Section 3.8.17 outlines the method for measuring building height, and Section 5.1.2 defines Story, half. The proposed residential development provides a maximum building height of 2.5 stories.  Much discussion about compliance with building height requirements has occurred between the applicant, staff, and the neighborhood. The applicant has provided detailed exhibits that show how the height was determined (attached). 7) Design Standards for Multi-Family Dwellings… Section 4.5(E)(4) only applies to multi-family dwellings. The proposal is for 15 two-family dwellings and therefore this standard does not apply. 3. Compliance with Article 3 of the Land Use Code – General Development Standards The project complies with all applicable General Development Standards except the noted modification of standards; with the following relevant comments provided: A. Division 3.2 – Site Planning and Design Standards 1) 3.2.1 Landscaping and Tree Protection:  Section 3.2.1(D)(2) requires street trees to be provided in the detached sidewalk parkway at an average spacing of 30 to 40 feet apart. The project is River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 6 providing street trees along Stuart Street and along the street-like private drive (Cherokee Drive) at the required intervals as shown in the landscape plan. (See attached landscape plan.) 2) 3.2.2 Access, Circulation and Parking:  Section 3.2.2(K)(1)(a) requires attached dwellings (including two-family dwellings) to provide parking spaces based on the number of bedrooms per dwelling unit. The proposed project has 30 3-bedroom units which are required to provide 2 parking spaces per unit for a total of 60 parking spaces. Each unit has a two-car garage providing the minimum number of parking spaces required. In addition, each driveway (except for three – units 18, 19 & 20 – due to a siting shift south, out of the Spring Creek natural buffer) has space for two more vehicles (but cannot be formally counted toward the parking requirement because it would preclude the garage spaces) and on- street parking provides another 21 parking spaces. Functionally, in total, there are 135 parking spaces.  Section 3.2.2(K)(1)(b) requires child care centers to provide two parking spaces per three employees or one parking space per 1,000 square feet, whichever is greater. The building is 3,024 square feet which requires three parking spaces. But, the plan is to have up to 9 employees in the long term so the parking requirement is six spaces ([9/3]=3*2=6). There are six spaces proposed for the child care center.  The child care center is providing a drop-off area on the east side of the building which will be accessed by a circulation loop that enters on Cherokee Drive and exits on a one-way private drive to the east. This will effectively remove drop-off and pick-up queuing from Stuart Street. 3) 3.2.3 Solar Access, Orientation, Shading  Section 3.2.3(C) requires that at least 65% of the proposed lots must conform to the definition of a “solar-oriented lot”.  Per Section 5.1.2, the definition of solar oriented lot follows: Solar-oriented lot shall mean: (1) a lot with a front lot line oriented to within thirty (30) degrees of a true east-west line. When the lot line abutting a street is curved, the "front lot line" shall mean the chord or straight line connecting the ends of the curve. For a flag lot, the "front lot line" shall mean the lot line that is most parallel to the closest street, excluding the "pole portion of the flag lot"; or (2) a lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 7 side lot lines at the required rear yard setback, is oriented to within thirty (30) degrees of true north along said line; or (3) a corner lot with a south lot line oriented to within thirty (30) degrees of a true east-west line, which south lot line adjoins a public street or permanently reserved open space; provided, however, that the abutting street right-of-way or open space has a minimum north-south dimension of at least fifty (50) feet. For the purposes of this definition, "permanently reserved open space" shall include, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space.  The proposed project cannot meet the above definition and the applicant is requesting alternative compliance (request attached) per Section 3.2.3(F): (F) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative site layout that may be substituted in whole or in part for a plan meeting the standards of this Section. (1) Procedure. Alternative compliance plans shall be prepared and submitted in accordance with submittal requirements for plans as set forth in this Section. The plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the purpose of this Section than a plan which complies with the standards of this Section. (2) Review Criteria. In approving an alternative plan, the decision maker shall find that the proposed alternative plan accomplishes the purposes of this Section equally or better than a plan which complies with the standards of this Section. In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative design enhances neighborhood continuity and connectivity, fosters nonvehicular access, and preserves existing natural or topographic conditions on the site.  The applicant justifies the alternative compliance request due to the north/south orientation of the lot. In addition to the 12 lots that are solar- oriented, an additional 9 lots/buildings will have roof planes that are south facing which bring the total amount of solar-oriented lots or solar-oriented buildings to 70%. Additionally, the site plan provides for enhanced neighborhood continuity and connectivity through sidewalks and paths that connect to the Spring Creek Trail, providing an access easement permitting the public to cross from Stuart Street. River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 8  Section 3.2.3(E) requires that the proposed structures do “not to cast a shadow onto structures on adjacent property greater than the shadow which would be cast by a twenty-five-foot hypothetical wall located along the property lines of the project between the hours of 9:00 am and 3:00 pm, MST, on December 21.” The shadow study (attached) shows that the proposed buildings do not cast a greater shadow than indicated above. 4) 3.2.4 Site Lighting  The purpose of this section is to ensure that the exterior lighting function and security needs of the project are being met in a way that does not adversely affect the adjacent properties or neighborhood. The proposed lighting plan (attached) complies with this section in terms of illumination levels and concealed light sources. B. Division 3.4 – Environmental, Natural Area, Recreational and Cultural Resource Protection Standards 1) Section 3.4.1(E) requires a 100 foot buffer zone from Spring Creek. The site plan places the northernmost buildings outside of the 100 foot buffer zone and the Spring Creek floodplain. The proposed concrete trail connecting the development to Spring Creek Trail is permitted within the buffer zone. 2) Section 3.4.1(I) requires that projects in the vicinity of natural habitat corridors, such as Spring Creek, be designed to complement the visual context of the natural habitat. The applicant has designed the four structures placed along the buffer area to be smaller in terms overall height and utilize architectural techniques such as shed roofs creating multiple planes and use of “natural looking” stone and colors to blend into the site. Additional native landscaping has been added to the buffer zone to provide screening and complement the visual character. C. Division 3.5 – Building Standards 1) 3.5.1 Building and Project Compatibility  Section 3.5.1(C) requires that buildings shall be either similar in size and height or, if larger, be articulated and subdivided into massing that is proportional to the mass and scale of other structures adjacent to the subject property. The compatibility of the proposed project with the adjacent properties has been thoroughly analyzed. The applicant has provided building sections and perspective renderings showing the mass and scale of the River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 9 proposal as it compares to the two abutting multi-family developments (Brookhaven and Spring Meadows) and the abutting single-family houses along Stuart Street. Although the proposal has taller buildings than those adjacent, they are within the scale of the larger neighborhood context. The buildings along Stuart Street and Spring Creek are both reduced in height and scale relative to the internal buildings. The applicant has asked for a setback modification (discussed below) which effectively moves the taller internal building further away from the property line (approximately 40 feet).  Section 3.5.1(D) provides that elements of the development plan shall be arranged to maximize the opportunity for privacy by the residents of the project and minimize infringement of the privacy of adjoining land uses. The project proposes a four to six foot high fence along the east and west property line. The applicant has proposed that the height of the east and west fences will depend on cooperation with the abutting neighbors. This approach lends to compatibility with the existing neighborhood and is a condition of approval.  Section 3.5.1(G) requires a special review process for buildings that exceed 40 feet in height. No building in the proposed development exceeds 40 feet in height, therefore this section is not applicable. 2) 3.5.2 Residential Building Standards  Section 3.5.2(C) requires any development containing fewer than 100 two- family units shall have at least three different types of housing models. The proposal includes seven different housing models contained within 15 total structures.  Section 3.5.2(D) requires every front façade with a primary entrance to a dwelling unit to face the adjacent street and connect to a walkway that connects to a street sidewalk no further than 200 feet away. The proposed northernmost units along Spring Creek (units 15 – 22) face onto a sidewalk along the natural buffer area. The farthest units are approximately 200 feet along the sidewalk from the street sidewalk on Cherokee Drive. Units also connect to the concrete trail that leads to Spring Creek Trail. Additionally, an exception to the standard allows a primary entrance to be up to 350 feet along a sidewalk from a street sidewalk if it qualifies as a major walkway spine. The sidewalk that units 15 – 22 face onto qualifies as a major walkway spine in that it is 5 feet in width, the outdoor corridor dimension in which the sidewalk located is greater than 35 feet in width, and it is visible from a public trail. River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 10  Section 3.5.2(E)(2) requires a minimum building setback of 15 feet from any public street right-of-way. Although the proposed access street is a street-like private drive, Section 3.6.2(N)(1)(d) indicates that it shall not be permitted if it prevents or diminishes compliance with any other provision of this Code. The applicant has requested a modification to the building setback standard from the required 15 feet to between nine and 10 feet. Please see Modification of Standards section of this report for further discussion.  Section 3.5.2(E)(3) requires a minimum side yard setback of five feet and rear yard setback of eight feet. The proposed buildings are setback between five and 21’-1” feet from the side lot lines and between 11 and 23 feet from the rear lot lines.  Section 3.5.2(F) prevents garage doors from dominating residential streetscapes by requiring them to be side or rear loaded, or recessed behind the front façade of the building, and be less than 50% of the building frontage. However, subsection four exempts buildings from these standards if they are facing onto a major walkway spine. As noted above, units 15 – 22 face onto a major walkway spine and they have garage doors that face onto the residential streetscape. Because of the exemption to the garage door standard in Section 3.5.2(F)(4), the proposed northernmost units comply with this standard. 3) 3.5.3 Mixed-Use, Institutional and Commercial Buildings  This section applies only to the child care center which is utilizing the existing single-family dwelling on the property. Therefore, many of the development and design standards do not apply. However, the child care center is providing sidewalks on all sides of its lot and connecting walkways to the street sidewalks on Cherokee Drive and Stuart Street.  Section 3.8.4 requires child care centers to have 40 square feet of indoor space per child and 1,200 square feet of outdoor play area (<15 children) or 75 square feet per child for 33% of the child capacity (>15 children). The child care center plans to have 42 children maximum in the long term requiring 1,680 square feet of indoor space and 1,040 square feet of outdoor space. The plan proposes 3,024 square feet of indoor space and 4,956 square feet of outdoor space. D. Division 3.6 – Transportation and Circulation River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 11 1) Section 3.6.2(N) allows street-like private drives as internal access to a development which does not promote cut-through traffic. Street-like private drives shall be designed to include travel lanes, on-street parking, tree-lined borders, detached sidewalks and crosswalks. Cherokee Drive, the main access to the development, is proposed as a street-like private drive. For the most part the street-like private drive meets the design criteria. The applicant is requesting a Modification of Standard for 82 feet of the southernmost section of the drive that is not providing a detached sidewalk along the east side nor on-street parking on either side. Please see Modification of Standards section of this report for further discussion. 4. Compliance with Division 2.8 - Modification of Standards A. The applicant has requested two modifications to General Development Standards in Article 3. 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 River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 12 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). A. Request for Modification to Section 3.5.2(E)(2) which requires a minimum building setback of 15 feet from any public street right-of-way. Although the proposed access street is a street-like private drive, Section 3.6.2(N)(1)(d) indicates that it shall not be permitted if it prevents or diminishes compliance with any other provision of this Code. The applicant is proposing a building setback of between nine and 10 feet for the 9 buildings and 18 units at the interior of the development site (units 5-14 and 23- 30). The applicant asks that the Hearing Officer find that the requested modification be granted on the grounds that it is not detrimental to the public good and 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 could physically accommodate the front setback standard, however the design reduces the front setback enough to provide approximately 20 feet of driveway space for each unit affected by the modification. The design accomplishes two things: 1) provides enough space to park two cars in the driveway so as to reduce potential spillover parking; and 2) moves the proposed building further away from the property line, reducing the impact on the existing neighborhood to the east and west. Please see attached the applicant’s request for modification of standard. B. Request for Modification to Section Section 3.6.2(N) which allows street-like private drives as internal access to a development which does not promote cut- through traffic. Street-like private drives shall be designed to include travel lanes, on-street parking, tree-lined borders, detached sidewalks and crosswalks. Cherokee Drive, the main access to the development, is proposed as a street- like private drive. The applicant is requesting a Modification of Standard for 82 feet of the southernmost section of the drive that is not providing a detached sidewalk along the east side nor on-street parking on either side. River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 13 The applicant asks that the Hearing Officer find that the requested modification be granted on the grounds that it is not detrimental to the public good and the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The request for an attached sidewalk on the east side of Cherokee Drive is to provide space for the existing structure (garage) which is being converted into classroom space for the child care center. And, on-street parking is not being provided due to sight distance constraints and potential traffic/parking conflicts. As proposed, the majority of the sidewalks in the development are detached with on-street parking and adequate parking is being provided to serve the development. Please see attached the applicant’s request for modification of standard. 5. Findings of Fact/Conclusion In evaluating the request for the River Modern - Project Development Plan, PDP #150005, Staff makes the following findings of fact: A. The P.D.P. complies with process located in Division 2.2 – Common Development Review Procedures for Development Applications of Article 2 – Administration. B. The P.D.P. complies with relevant standards located in Article 3 – General Development Standards, with the exception of the following modification requests. C. The P.D.P. complies with a request for a Modification of Standard (Division 2.8) to reduce the building front setback from a non-arterial street from the required 15 feet (Sec. 3.5.2(E)) to between 9 and 10.5 feet; in that it is not detrimental to the public good and will promote the general purpose of the standard equally well or better than would a plan which complies with the standard by providing more parking in the form of adequate space in the proposed driveways and greater separation between proposed buildings and the existing neighborhood, thereby creating greater neighborhood compatibility in terms of reducing potential spillover parking and reduced proximity of proposed buildings. D. The P.D.P. complies with a request for a Modification of Standard (Division 2.8) to vary from the design requirements of a street-like private drive (Sec. 3.6.2(N)(1)(c)) for 82 feet of the southernmost section of the drive that is not providing a detached sidewalk along the east side nor on-street parking on either side; in that it is not detrimental to the public good and will not diverge from the standards of the Land Use Code 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., because it will retain the existing structure on the site, remove site distance constraints for turning River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 14 movements to and from Stuart Street and reduce potential automobile conflict with parked vehicles. E. The P.D.P complies with the alternative compliance request to provide less than 65% of lots conforming to the definition of “solar-oriented lot”. The alternative plan that accomplishes the purposes of this Section equally or better than a plan which complies with the standards of this Section in that an additional 9 lots/buildings will have roof planes that are south facing which preserve the potential for solar energy usage and brings the total amount of solar-oriented lots or solar-oriented buildings to 70%; and enhances neighborhood continuity and connectivity, fosters nonvehicular access, and preserves existing natural or topographic conditions on the site in that the plan provides sidewalks and paths that connect to the Spring Creek Trail and provides an access easement permitting the public to cross from Stuart Street. F. The P.D.P. complies with relevant standards located in Division 4.5 Low Density Mixed-Use District (L-M-N) of Article 4 – Districts. RECOMMENDATION: Staff recommends approval of the River Modern - Project Development Plan, PDP #150005, with one condition: 1. The developer shall cooperate with adjoining neighbors along the east and west property line to establish fence heights ranging between four and six feet. ATTACHMENTS: 1) Neighborhood Meeting Notes, December 18, 2014 2) Neighborhood Meeting Notes, April 1, 2015 3) Public Comments Requested for inclusion by the applicant: 1) Submittal Checklist 2) Development Review Application Form 3) Transportation Development Review application form dated March 5, 2015 4) Utility Plans Checklist 5) Ecological Characterization Study Report dated October 22, 2014 6) Statement of Planning Objectives dated March 3, 2015 7) Hazardous Materials Impact Analysis dated March 3, 2015 8) Traffic Impact Study by Sustainable Traffic Solutions, Inc. dated March 3, 2015 9) Memorandum from Sustainable Traffic Solutions, Inc. dated April 17, 2015 10) Subsurface Soil Investigation dated February 26, 2015 11) Preliminary Drainage Report dated April 20, 2015 12) Subdivision Plat dated February 23, 2015 13) Utility Plans dated May 15, 2015 14) Photometric Plan dated May 15, 2015 15) Grade Plane Calculations (all units) dated May 20, 2015 16) Site Plan dated May 14, 2015 River Modern PDP #150005 Administrative Hearing, June 25, 2015 Page 15 17) Landscape Plan dated May 14, 2015 18) Engineering Variance Request No.3- Stuart Street Access Spacing, February 27, 2015 19) Driveway Spacing Variance Exhibit- May, 2015 20) Staff Round Number 1 Comments dated March 27, 2015 with Applicant's Responses 21) Staff Round Number 2 Comments dated May 11, 2015 with Applicant's Responses 22) Modification Request- LUC 3.6.2(N)(1)(c) dated May 21, 2015 23) Alternative Compliance Request- LUC 3.2.2(C) dated May 21, 2015 24) Modification Request with Exhibits 1 and 2- LUC 3.5.2(E)(2) dated May 21, 2015 Provided by the applicant: 1) Architectural Images (3D) dated June 16, 2015 2) Architectural Elevations (all units) dated June 8, 2015 3) Street Elevations dated June 8, 2015 4) Site Sections dated June 8, 2015 5) Perspective Views dated June 8, 2015 6) Composite Images dated June 8, 2015 7) Shadow Study dated June 8, 2015 8) Half Story Analysis with floor plans dated June 8, 2015 9) Additional information