5 February 12, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: ERIK HOMES, L.L.C.

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1 5 February 12, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: ERIK HOMES, L.L.C. STAFF PLANNER: Kristine Gay REQUEST: Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code. ADDRESS / DESCRIPTION: 404, 412, nd Street GPINS: ELECTION DISTRICT: BEACH SITE SIZE: 20,800 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. The subject site consists of three separate adjacent lots. Currently located on each of the lots is a detached residential unit. Each lot currently has a curb cut for vehicular access on 22 nd Street and can also be accessed via the alley, 21 st ½ Street. Existing vegetation consists of mature deciduous trees, many of which have been repeatedly pruned to avoid the overhead electric power lines. The applicant requests to deviate from the criteria for a Detached House Building Type and construct five structures on the site. As shown in the table below (highlighted in light grey), with regard to dimensional criteria, the proposal is deficient only in upper-story height and the rear parking setback. The principal Page 1

2 reasons for the request for Alternative Compliance are the size and form of the two rear Backyard Cottage structures (two cottage units in each rear structure), and importantly, the placement of more than one Detached House Building Type on one lot. Detached House Criteria Required Proposed Area 3,000 square feet 20,800 SF total 4,160 SF per structure Width Total 32 per structure 22nd Street Setback (minimum) 5 5 Side + Rear Setback (Common Lot Line) 5 5 Build-To Zone Building Width in Build-To Zone (Pacific Avenue) 80 (50%) (78%) Parking Setback, Street (minimum) N/A None proposed Parking Setback, Rear or Side (Common Lot Line) 5 0 Total Required Parking Spaces Outdoor Amenity Space 20% Approximately 50% Building Height 45 max 35 Backyard Cottage Height Less than Ground Story Height (Front Units) 9 (Rear Units) Upper Story Height 10 8 (Front Units) 9 (Rear Units) Ground Story Transparency (minimum) 15% Approximately 30% Upper Story Transparency (minimum) 15% Approximately 28% - 33% Street Facing Entrance Required Proposed Porch Depth 8 8 The proposal includes three three-story Detached Houses (three duplex units, for a total of six front units) fronting on 22 nd Street, and two two-story backyard cottages (two duplex units, for a total of four units) in the rear. The front units have four bedrooms and a footprint of 965 square feet. Exterior materials for the front units include white board and batten; teal/blue cement-fiber siding; white trim; eight-foot high partially transparent dark-stained wooden doors; white columns; and an eight-foot deep porch / balcony on each floor. The rear units have a footprint of 700 square feet and offer only one bedroom and an office. Exterior materials for the rear units include grey cement-fiber siding; white board and batten; white trim; eight-foot tall partially transparent dark stained wooden doors; white columns, an eight-foot deep porch/balcony on both floors; quality carriage style garage doors; and shutters. While the rear units have a front porch and entrance facing 22 nd Street, they also have a covered entrance facing the alley. The applicant proposes to use an assortment of native beach grasses for foundation and site landscaping as well as a number of small shade trees and large canopy trees. Concrete walkways are proposed to lead from the public sidewalk on 22 nd Street to the interior yard and rear units, and continue on to the parking area and alley. All vehicular access to the site is proposed to be from the alley, 21 st ½ Street. Twelve outdoor parking spaces and four garage parking spaces are proposed in the rear. The outdoor spaces will be constructed Page 2

3 of grass pavers and partially covered by trellises. The parking is broken up and separated by the two rear structures. EXISTING LAND USE: Three single-family dwellings LAND USE AND COMPREHENSIVE PLAN 22 nd Street North: Single-family dwellings / OR Oceanfront Resort District 21 st ½ Street, Alley South: Single-family dwellings / 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. IMPACT ON CITY SERVICES Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Access to the site is from 21 st ½ Street, which is a minor two-lane alley with a 20-foot right-of-way width. The site fronts on 22 nd Street, which is a four-lane minor urban arterial roadway with an 80-foot right-of-way width. There are currently no proposed or ongoing Roadway Capital Improvement Program projects associated with either of these two roadways. TRAFFIC: Street Name Present Volume Present Capacity 22 nd Street 10,700 ADT 1 14,800 ADT 1 (Level of Service C ) 27,400 ADT 1 (Level of Service E ) 21 st ½ Street No Count 6,200 ADT 1 (Level of Available Service C ) 11,100 ADT 1 (Level of Service E ) Generated Traffic Existing Land Use 2 30 ADT Proposed Land Use 3 87 ADT Page 3

4 1 Average Daily Trips 2 as defined by three single-family dwellings 3 as defined by ten dwelling units / Residential Condominium/Townhouse WATER: This site currently connects to City water. The four existing water service lines shall be used or properly abandoned per Department of Public Utilities standards. There is an existing 6-inch City water line on 22 nd Street. There is an existing 6-inch abandoned City water line on 22 nd Street. SEWER: This site currently connects to City sanitary sewer and is within a HRSD service area. Project coordination with HRSD is required. The three existing sanitary sewer service lines shall be used or properly abandoned per Department of Public Utilities standards. There is an existing 8-inch City gravity sanitary sewer main on 22 nd Street. EVALUATION AND RECOMMENDATION The applicant is requesting a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code (FBC) to allow deviation from the criteria for a Detached House Building Type, as outlined by Section 2.9 of the FBC. As specified in the FBC, one Detached House Building Type is allowed as a principal structure on a single lot. As an accessory use/structure, the FBC also allows one ancillary structure for use as a Backyard Cottage per lot. Section 8.1 defines the Backyard Cottage as, A small self-contained dwelling unit located on the same lot as a Detached House but physically separated from the main house. The living area of the Backyard Cottage is not to exceed the living area of the Detached House or be above 700 square feet. Since the cottages of the proposed development exceed the living space limitation by proposing 975 square feet of living space, and the development consists of multiple Detached House Building Types on a single lot, a Special Exception for Alternative Compliance is needed for this proposal. By-right development of this site following the prescribed criteria of the Detached House Building Type is capable of yielding up to five Detached Houses with five Backyard Cottages. By-Right development of this site following the prescribed criteria of the Row House Building Type is capable of yielding up to nine Row Houses, each with a detached rear loading garage. The applicant is proposing a total of five structures which most closely follow the criteria associated with the Detached House Building Type. The three structures fronting on 22 nd Street will be used as duplexes and the two rear structures will be used as four backyard cottages units. As shown (in bold) in the criteria table included in the Background portion of this report, the applicant is deficient in upper story height and rear parking setback. To compensate for these deficiencies, the applicant meets or exceeds all other criteria. To build a Detached House Building Type by-right, the lot must be a minimum of 3,000 square feet in area and have a minimum of 30 feet of frontage. The total square feet of lot area provides 4,160 square feet for each of the five proposed structures. With a total lot width of 160 feet, 53.3 feet of lot width will be associated with each of the three structures fronting on 22 nd Street. The facades of the front buildings occupy feet of frontage within the Build-To Zone (BTZ), for a total of 78% of the lot width, which exceeds the prescribed 50% by 44.5 feet. Furthermore, the proposed facades will have a transparency ratio of 28% to 33%, which is double the minimum requirement of 15%. The proposal also more than doubles the required 20% of outdoor amenity space by providing approximately 50%. Staff finds that the applicant has more than balanced the deficiencies in Page 4

5 upper story height and rear parking setback by exceeding the minimum requirements for the amount of building façade located in the Build-To Zone (BTZ), outdoor amenity space, transparency, lot width, and lot area. In addition to exceeding these requirements and to further meet the Oceanfront Resort District Design Guidelines, the proposal includes a variety of high quality architectural and site materials. The FBC specifies the Detached House as a Building Type, and has defined specific lot, placement, height, and form criteria for it in Section 2.9. The FBC specifies the Backyard Cottage as a use, and with the exception of the definition previously noted, the Backyard Cottage does not have any further lot, placement, height, or form criteria. The applicant has chosen to follow the criteria of the Detached House Building Type and provide a much higher quality design for the rear structures. Staff finds that the this enhanced architectural treatment offsets his request to have two backyard cottage units within each rear structure (4 total) rather than one unit per rear structure, and a building footprint of 700 square feet per unit (975 SF of living area) rather than a total living space of 700 square feet. 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 proposal includes the removal of three existing curb cuts for vehicular access on 22 nd Street. The removal of these curb cuts, will allow for 36 feet of additional on-street public parking and will reduce vehicular traffic and congestion on 22 nd Street. All vehicular access to this site will be moved to the alley. The main entrance of each unit is facing 22 nd Street and can be accessed directly by the pedestrian from the public sidewalk. The applicant will also be widening the existing three-foot wide public sidewalk to be five feet wide. These aspects of the proposal promote modes of transportation other than the automobile, including walking and transit. 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 respective location of the rear units to the front units and the appropriate height, width, and depth of architectural features create a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. To enhance the pedestrian orientation, Staff recommends that the two private walkways leading from the public sidewalk to the alley differ in material, color, or texture from that of the public sidewalks. 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 including families, a single individual, or a couple. 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 Gateway 3 Frontage. This Frontage allows the Detached House Building Type. The Gateway 3 Frontage is intended for key streets entering the Resort Area transitioning from small scale residential to larger scale Page 5

6 mixed use. The site layout as proposed meets the intent of the Gateway 3 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 site, public sidewalk, and street is physically integrated with the adjacent parcels and surrounding built environment. Furthermore, by removing the curb cuts and moving all automobile access to the alley, the functionality of the site improves for both vehicles and pedestrians. The applicant will also be responsible for improving the northern half of the portion of the alley adjacent to the subject site; said improvement will need to meet current Public Works Standards. By meeting current standards and shifting the automobile access to the alley, the site is functionally integrated. Advances the goals and objectives of the parking strategy for the District. Per Section 5.3.1(C) of the FBC, the use of a Backyard Cottage requires only one parking space. Per Section 6.2.2(B) of the FBC, each residential unit [of any Building Type] requires two parking spaces (four per front Detached House structure in this proposal). Within the boundaries of the site, the applicant has provided two parking spaces for each front residential unit (four per front Detached House structure) and one parking space for each rear backyard cottage unit (two per rear structure). Through the removal of the three existing curb cuts (36 feet total), the applicant will receive credit for two parking spaces. While these spaces will be for public parking, Section 6.2.5(b) of the Form-Based Code allows them to be counted towards the parking requirement of the proposal. By receiving credit for these spaces, Planning Staff observes that 1.5 parking spaces have been provided for each rear backyard cottage unit (three per rear structure) and finds that the parking requirements per Section 5.3.1(C) and 6.2.2(B) have been met. 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. Staff concludes that the proposed use and associated form of the buildings and site satisfy the standards above to the greatest extent possible; 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 404, 412, & nd Street Conceptual Site Plan, dated January 8, 2014 (Rev.2) Page 6

7 as prepared by Land Planning Solutions. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 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 PROPOSED 2.5 STORY BRICK AND FRAM SINGLE FAMILY DWELLING PREPARED FOR: Erik Homes, January 9, 2014, as prepared by J. Bengtson and the drawing entitled PROPOSED 2 STORY BRICK AND FRAME SINGLE FAMILY DWELLING PREPARED FOR: Erik Homes, dated January 9, 2014, as prepared by J. Bengtson. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. All interior lot lines shall be abandoned prior to approval of the development site plan. 4. The three existing curb cuts on 22 nd Street shall be removed. 5. The applicant shall make all right-of-way improvements as required for 22 nd Street and 21 st ½ Street and as further required by Public Works / Traffic Engineering and Planning / Development Services Center as part of development site plan review. 6. All walkways, patios, and parking spaces shall be constructed of permeable materials. The interior walkways shall differ in appearance from the public sidewalk along 22 nd Street. 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 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. 11. Materials shall substantially conform to the standards submitted by the applicant and included as part of this approval. Said standards are undated and entitled Custom Features, and are on file in the Department of Planning. Page 7

8 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 8

9 AERIAL PHOTOGRAPH OF SITE LOCATION AND SURROUNDING AREA Page 9

10 PROPOSED SITE LAYOUT (Condition 1) Page 10

11 Front 3-Story Units Rear 2-Story Units PHOTO CONCEPT OF ARCHITECTURAL DESIGN Page 11

12 BUILDING ELEVATIONS OF PROPOSED 22 ND STREET DWELLING UNITS (Condition 2) Page 12

13 BUILDING ELEVATIONS OF PROPOSED 21 st ½ STREET DWELLING UNITS (Condition 2) Page 13

14 WALK WAY PHOTO CONCEPT LANDSCAPING PHOTO CONCEPT Page 14

15 MATERIAL STANDARDS FOR DWELLINGS (Condition 11) Page 15

16 DENSITY STUDY (Comparison of potential units derived by use of prescribed FBC requirements and by applicant s proposal) Page 16

17 1 ZONING HISTORY # DATE REQUEST ACTION 1 11/28/2000 Enlargement of Nonconforming Use Approved Page 17

18 DISCLOSURE STATEMENT Page 18

19 DISCLOSURE STATEMENT Page 19