12 April 9, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: C & J INVESTORS, L.L.C

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1 12 April 9, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: C & J INVESTORS, L.L.C STAFF PLANNER: Kristine Gay REQUEST: Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code. ADDRESS / DESCRIPTION: th Street GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 10,500 Square Feet AICUZ: db DNL (Sub-Area 1) BACKGROUND / DETAILS OF PROPOSAL BACKGROUND The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form-Based Code (FBC). The purpose of the request is to allow an alternative to the prescribed form and criteria for a Detached House Building Type, as outlined in Section 2.9 of the Form-Based Code by proposing more than one Detached House on one lot. The subject site is 75 x 140 and fronts on the southern edge of 20 th Street. The applicant proposes to subdivide the site into two 37.5 x 140 parcels and erect 2 Detached Houses on each lot, for a total of 4 structures on the subject site. Following the Apartment Building Type, the site is capable of being developed with 4 apartment units. Following the Row House Building Type, the site is capable of being developed with 3 row house units. The proposal includes two three-story Detached Houses fronting on 20 th Street, and two two-story Detached Houses in the rear yard. The front units have a foot print of 973 square feet and offer three bedrooms, a single-car garage, and eight-foot deep porches on the first and second floors. Exterior materials for the front units include architectural shingles, fiber-cement shake siding, fiber cement horizontal lap siding, white trim, and craftsman style double-hung windows, front door, square columns, Page 1

2 and faux exposed trellis accent. These units are 35 feet tall and are set back ten feet from the front property line. The eight-foot deep porches are setback only two feet from the front property line, as allowed by Section 2.12 of the FBC. The rear units have a footprint of 787 square feet and offer three bedrooms, 45 square feet of enclosed storage space accessed from the outside, and a 198 square foot paver patio. Exterior materials for these units include architectural shingles, board and batten, fiber-cement shake siding, fiber cement horizontal lap siding, white trim, and craftsman style double-hung windows, front door, and faux exposed trellis accent. These units are 27 feet tall, are situated ten feet off of the rear lot line, and both have yards enclosed by a four-foot tall maintenance free white picket fence. As shown on the site plan, a six-foot tall white maintenance free privacy fence will project outward from the front units and follow along the side and rear lot lines to border the site. A single concrete driveway and eight parking spaces constructed of permeable pavers will be shared by all residents for vehicular access to the site. Proposed landscaping includes woody ground cover, evergreen and ornamental shrubs, six medium species trees within the site, and two medium species trees in the Planting Zone of the right-of-way. As shown in the table below (highlighted in light grey), with regard to dimensional criteria, the proposal is deficient in lot area and upper-story height. Detached House Criteria Required Proposed Area 3,000 square feet Width 30 10,500 SF total 2625 SF per structure 75 Total 37.5 per front structure 22nd Street Setback (minimum) 5 5 Side + Rear Setback (Common Lot Line) 5 5 (side lot lines) 10 (rear lot line) Build-To Zone Building Width in Build-To Zone (Pacific Avenue) 37.5 (50%) 43 (57%) Parking Setback, Street (minimum) N/A 51 Parking Setback, Rear or Side (Common Lot Line) 5 7 (side) 52 (rear) Total Required Parking Spaces 8 8 Outdoor Amenity Space 20% 41% Building Height 45 max 35 (front units) 27 (rear units) Ground Story Height Upper Story Height 10 9 Ground Story Transparency (minimum) 15% Upper Story Transparency (minimum) 15% 32% (front units) 31% (rear units) 16%- 44% (front units) 18% (rear units) Street Facing Entrance Required Proposed Porch Depth 8 8 As shown in the table above, to compensate for deficiencies and to meet the intent of the prescribed form as defined by the FBC, the applicant has exceeded the requirements for other building and site criteria. By providing private and shared landscaped areas, paver patios, and four eight-foot deep front porches, Page 2

3 the proposal includes more than double the required amount of outdoor amenity space. The proposal also includes more than double the required ground story transparency by using a mixture of large and small craftsman style windows and a partially transparent front door. In addition to exceeding certain requirements, the applicant has also revised the site plan and the architectural design of the structures to be mindful of the existing adjacent built-environment, future development potential allowed by the FBC, and the site s relationship with the public right-of-way of 20 th Street. EXISTING LAND USE: Vacant open grassy area LAND USE AND COMPREHENSIVE PLAN 20th Street North: Single-family dwellings / OR Oceanfront Resort District South: Apartments, Retail / OR Oceanfront Resort District East: Single-family dwellings / OR Oceanfront Resort District West: Single-family dwellings / OR Oceanfront Resort District NATURAL AND CULTURAL FEATURES: There are no known significant cultural or natural resource features on this site. COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District Form- Based Code (FBC), which was approved on July 10, 2012 as part of the implementation of the recommendations of the Comprehensive Plan for this SGA. The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in this area. The RASAP calls for improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods. The Oceanfront Resort District Design Guidelines refers to the Old Beach Design Guidelines for residential development throughout the Oceanfront Resort District. Duplex dwellings are limited to one per lot (p. 3-3, 3-4). Two Cottages (Principal and Ancillary)/One Lot structures should maintain appropriate physical proportion and scale in relationship to the lot size, there should be a clear distinction between the principal and ancillary structures (60/40 percent of allowable lot coverage, not 50/50) and impervious area should not exceed 60% (p. 3-5). IMPACT ON CITY SERVICES Master Transportation Plan (MTP) / Capital Improvement Program (CIP): This site is located along 20 th Street east of Mediterranean Avenue. In the vicinity of this site, 20 th Street is a two-lane local street with an eighty-ft (80 ) right-of-way width. It is not included on the City s Master Transportation Plan (MTP). Page 3

4 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 20th Street No Data Available 6,200 ADT 1 (Level of Service C ) 11,100 ADT 1 (Level of Service E ) Existing Land Use 2 20 ADT Proposed Land Use 3 40 ADT 1 Average Daily Trips 2 as defined by two single-family dwellings 3 as defined by four single-family dwellings WATER: This site must connect to City water. There is an existing 8-inch City water line on 20 th Street. SEWER: This site currently connects to City sanitary sewer. Analysis of Pump Station #003 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION By-right development of the site following the prescribed criteria of the Detached House Building Type is capable of yielding four units by following Section 2.7 of the FBC which outlines the building and lot criteria for the Apartment Building Type. The applicant would like to achieve this same density while using an Alternative Form of four Detached Houses. As specified by Section 2.9 of the FBC, one Detached House is allowed on a single lot; therefor, the applicant s proposal to subdivide the site into two 37.5 x 140 lots and place two Detached Houses on each lot requires City Council approval of a Special Exception for Alternative Compliance. As shown (in bold) in the criteria table included in the Background portion of this report, the applicant is deficient in lot area and upper-story height. In an effort to compensate for these deficiencies, the applicant substantially exceeds the requirements for outdoor amenity space and façade transparency and has also provided additional quality architectural and site features which are not specifically codified by the FBC. These additional features include 10%-15% transparency of the exterior side facades of the front units; a landscaping plan which exceeds the residential canopy coverage requirements; parking spaces and patios constructed of permeable pavers; a number of craftsman-style architectural accents; and a variety of maintenance free materials. The applicant has also decreased the original size and height of the rear units and provided varying roof lines to the front units to soften the overall massing of the site. The 10,500 square foot site will be subdivided into two 5,250 square foot lots. If 3,000 square feet of each lot is allocated to each of the front units, the rear units will both be left with 2,250 square feet of area, which is 75% of the minimum lot size as defined by Section 2.9 of the FBC. At 825 square feet, the rear units have a footprint which is 85% as large as the front units and at 27 feet, the height of the rear units is 77% as tall as the front units. In terms of the total lot coverage, the front unit is 55% of the lot coverage, while the rear unit is 45% of the lot coverage. While this ratio does not exactly meet the 60:40 lot Page 4

5 coverage ratio as included in the Old Beach Design Guidelines, the perception of a principal and ancillary dwelling should be evident from the relative placement of each structure, the 23% difference in height, and the 15% difference in footprint area. Given the smaller mass of the rear units, and considering that vehicular circulation does not need to be accommodated through this portion of the site, Staff finds that the sub-standard lot area is sufficient for the proposed dwellings and does not prohibit the overall site design from achieving the intent of the prescribed form. Section of the FBC provides the Review Standards for Alternative Compliance applications, noting that the City Council shall consider the extent to which the proposed development, taken as a whole, satisfies the standards. Each of those standards is listed below, with a staff comment pertaining to the degree to which the applicant s proposal meets each: Promotes modes of transportation other than the automobile, including walking and transit. The applicant will be responsible for constructing a five-foot wide public sidewalk parallel to 20 th Street for the width of the subject site. The proposal exceeds the required parking setback such that parked vehicles are not visible from the right-of-way. Pedestrians can access the front units directly from the public sidewalk. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. The proposal obeys the prescribed setback; ground story height; and build-to percentage as defined by Section 2.9 of the Form- Based Code. The proposed eight-foot deep porches will provide a more gradual transition from the private residential space to the public sidewalk. The front entrances to the rear units will be visible to the pedestrian from the public right-of-way. The two proposed medium canopy trees within the right-of-way will provide shade and an enhanced environment for the pedestrian. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. While this proposal includes only residential uses, it provides a range of square-footage and amenities to accommodate a mixture of residents. If desired in the future, the Detached House Building Type is capable of containing office and retail uses by-right, per Section 5.2 of the FBC. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. The site is located on a Beach [Street] Frontage. This frontage is intended for quieter streets with high pedestrian activity. The building type and site layout as proposed meets the intent of the Beach Frontage. Is physically and functionally integrated with the built environment in which it is located. The applicant is providing a site layout that [among other criteria] meets the prescribed build-to and setback criteria. By meeting these key criteria, the relationship between the subject site, public sidewalk, and street is physically integrated with the adjacent parcels and surrounding built environment. To be further physically integrated, the applicant has reduced the massing of the rear units to be more in keeping with the massing of the existing dwellings located on the adjacent properties, and has also exceeded landscaping requirements to provide two additional medium canopy trees within the right-of-way. This proposal includes only one curb-cut and point of ingress/egress to be shared by both lots. If each of the lots were developed by-right with one detached house, each lot would have a minimum of a 13-foot wide (26-foot wide total) curb-cut to allow vehicular access. By sharing one driveway and a 22-foot wide curb-cut, this site provides a minimum of an additional 4 feet of public parking and a less interrupted public sidewalk and is therefore functionally integrated with the built environment. Page 5

6 Advances the goals and objectives of the parking strategy for the District. Per Section 6.2.2(B) of the FBC, each residential unit [of any Building Type] requires two parking spaces. Within each of the proposed lots, the applicant has provided four parking spaces, two spaces for each residential unit. By providing a total of eight parking spaces for the subject site, the parking requirements of Section 6.2.2(B) of the FBC have been met, and therefore the goals and objectives of the parking strategy have been advanced. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff finds that the impacts to the surrounding area as a result of the proposed deviations are limited. The alternative form is more in keeping with the existing and potential developed form of this portion of 20 th Street than by-right development of the site following the Apartment Building Type. The minor deficiencies in ground story height and lot area will not impact the surrounding area. Staff concludes that the proposed use and associated form of the buildings and site satisfy the standards above; therefore, staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code. Section of the Form-Based Code provides City Council with the ability to add reasonable conditions of approval to an application for Alternative Compliance. Such conditions shall be limited to those intended to mitigate any adverse visual, functional, or other impacts of the deviation from the provisions of this Code or to promote compliance with the goals and objectives of the Resort Area Strategic Action Plan and this Code. Such conditions are recommended below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the site plan entitled CONCEPTUAL SITE PLAN FOR MULTI-FAMILY, dated March 7, 2014 as prepared by Gallup Surveyors and Engineers, LTD,. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawing entitled 20 th STREET DEVELOPMENT, dated 12,12,13, as prepared by Beach Building Group. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. By substantially conforming to the submitted site plan referenced in Condition #1, the residential canopy coverage requirement for this site shall be exceeded. 4. A subdivision plat shall be approved by Development Services Center. Said subdivision plat shall include an eighteen-foot wide ingress egress easement over the shared drive aisle. 5. The applicant shall make all proposed right-of-way improvements as required for 20th Street and as further required by Public Works / Traffic Engineering and Planning / Development Services Center as part of development site plan review. Page 6

7 6. The parking spaces and patios shall be constructed of permeable pavers. 7. All landscaping must be maintained in good health. All landscape that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 9. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 10. All landscaping shown in the right-of-way on the site plan referenced by Condition 1 shall require an Encroachment Agreement from Landscape Management. If no agreement is reached, said landscaping shall be accounted for within the subject site. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 7

8 AERIAL PHOTOGRAPH OF SITE Page 8

9 PROPOSED SITE LAYOUT (Condition 1) Page 9

10 FRONT UNITS ARCHITECTURAL RENDERING Page 10

11 SITE RENDERING Page 11

12 ELEVATIONS FRONT UNITS Page 12

13 ELEVATIONS REAR UNITS Page 13

14 2 3 1 ZONING HISTORY # DATE REQUEST ACTION 1 11/28/2000 Enlargement of Nonconforming Use Approved 2 10/08/2013 Alternative Compliance Approved 3 05/14/2013 Alternative Compliance + Subdivision Variance Approved Page 14

15 DISCLOSURE STATEMENT Page 15

16 DISCLOSURE STATEMENT Page 16