75C - PH MORTIMER MIXED USE - Laserfiche WebLink

Home Browse Search

Appeal Application No. 2020-02, ER No. 2018-13 & AA No. 2020-04 — 4th and Mortimer Mixed -Use Development December 1, 2020 Page 11 Site B is zoned TZC with an Urban Neighborhood 2 subzone (UN-2) designation and has a General Plan Designation of Urban Neighborhood (UN). The residential density in the UN is based on a combination of FAR and zoning development standards, but allows a maximum FAR of 1.8 in the downtown area. The UN does not have a set maximum allowable density as the DC general plan designation does (i.e., 90 du/ac), but instead relies on the applicable zoning designation for the density. In the TZC, the recommended residential densities are a range based on the allowable building type, the maximum stories allowed, and the particular building size and massing allowed. Moreover, a residential project can exceed the density range identified if it meets the identified development standards (e.g., setbacks, open space, parking, etc.). The most "intense" density range in the UN-2 zoning designation is based on the Hybrid Courtyard housing type which ranges from 45-50 du/ac. Site B is approximately 1.292-acres in size and is proposed to be developed as residential only with 70 residential units. As proposed, Site B would have a density of 54.2 du/ac and FAR of 1.8. With approval of the variance application and the amendment application, Site B would be in compliance with the development standards in the TZC. Moreover, Site B would not exceed the density nor the allowable FAR by the UN general plan designation. The appellant's comment letter cites an outdated and superseded version of Section 41- 1902(b)(1). The HOO was amended on September 1, 2020, and the comment letter does not reflect the amended language. The updated HOO was in full force and effect when the Planning Commission took action on the project. While previously, Section 41-1902(b)(1) applied the HOO to any project that exceeded the maximum density permitted by zoning, the recent amendments remove this reference. As amended, the HOO now only applies when a residential project proposes a residential density above the general plan permitted density. As previously noted, the 4th and Mortimer Mixed -Use Development project is consistent with the general plan and no general plan amendment is required for the project. The project seeks only a zone change, on only a portion of the project site. Moreover, no density allowance above that currently permitted by the site's general plan designation is proposed. Therefore, the HOO does not apply. III. The appellant states that, "The Planning Commission abused its discretion by failing to read or consider comments submitted by Supporters Alliance for Environmental Responsibility (SAFER)." Summary of Appeal Reasoning: The appellant provided no additional information besides that they believed the Planning Commission failed to consider the comments provided by SAFER. Staff Response: During the public comment section of the public hearing, Richard Drury with Lozeau Drury, LLP, provided public comment on behalf of SAFER stating that they had provided a comment letter the day of the public hearing, approximately an hour before the start of the hearing. Furthermore, they stated their position that they did not think the project 75C-11