HomeMy WebLinkAboutMASON STREET NORTH - MAJOR AMENDMENT - 4-97B - P&Z PACKET - MODIFICATION REQUESTJustifications for a Variance from Criteria
The Mason Street North project complies with all the applicable criteria outlined in
Articles 3 and 4 of the City Code, with the following exception:
Building height:
Section 4.4.(E).(2).(c). and 4.4.(E).(3). require mixed -use buildings in L-M-N zoning
district to be maximum 2.5 stories. Mason Street North proposes buildings with partial 3 story
high sections. The development team believes that although Building C does not follow
4.4.(E).(2).(c). and 4.4.(E).(3). literally, it satisfies its general purposes. Depending on the
legitimate reasons outlined in 2.8.2.(H), the development team is requesting a modification to
4.4.(E).(2).(c). and 4.4.(E).(3). The following is a list of justifications explaining why this
modification would not be detrimental to the public good and that this request of modification
meets the requirements and criteria outlined by the subparagraph (1) and (3) of 2.8.2.(H):
1. Mason Street North proposes three buildings with all ground floors reserved for
retail/office uses and residential units occupying upper floors. In order to create a
diversity of units and building forms some of these residential units have second stories
(third story for the building) for bedrooms only (no kitchens, dining and living rooms are
provided in third floors). These third stories are always combined with sloped roof forms,
windows and dormers to create a rich but not overwhelming residential expression. Since
the intent of the mentioned standard is "to encourage roof forms, dormers, windows,
balconies and similar features associated with occupied space, to the extent reasonably
feasible," and since the three story parts add a diversity that cannot be achieved
otherwise, this requested modification "will promote the general purpose of the standard
better than a plan that would comply the standard" (subparagraph (1) of 2.8.2.(H).
2. Mason Street North occupies a site (Lot 12 of the original Martinez PUD) that is divided
up by a large storm water easement, a railroad easement, a light and power easement and
several water easements. These are in addition to the regular peripheral utility easements.
These easements cross each other in irregular angles making the site very challenging for
the proposed density. (The reasons why the proposed density promotes City's policies
have already been provided in this report.). Therefore "by reason of extraordinary and
exceptional situations, unique to this property, the strict application of the standard"
would result in "exceptional practical difficulties" and "exceptional hardship upon the
owner" (subparagraph (3) of 2.8.2.(H).
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FINDINGS OF FACT/CONCLUSION:
A. The requested Modification of a Standard for the Mason Street North — Major
Amendment, Project Development Plan - #4-97B is subject to review by the
Planning and Zoning Board.
B. Staff finds that granting the requested modification would not be detrimental to the
public good.
C. Staff finds that the plan as submitted will promote the general purpose of the
standard set forth in Section 4.4(E)(2)(c) equally well than would a plan which
complies with the standard. The reason that staff has determined that granting the
modification would not be detrimental to the public good and that the plan is equal to
a plan that would comply with the standard is because that, due to the location of
this project, the presence of existing 3-story and 4-story buildings in the co -housing
portion of the Martinez PUD, the City's new office building one block south being 4
stories in height, and the previously approved mixed -use building on this site being 3
stories and 40' in height, the 3-story portions of the proposed buildings in the Mason
Street North project are compatible with surrounding properties, land uses, and
existing development.
D. The Mason Street North — Major Amendment is compatible with the surrounding
properties, land uses, and existing development.
RECOMMENDATION:
A. Staff recommends approval of the modification request for the standard set forth in
Section 4.4(E)(2)(c) of the LUC as it pertains to the Mason Street North — Major
Amendment.
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associated with occupied space, to the extent reasonably feasible," and since the
three story parts add a diversity that cannot be achieved otherwise, this
requested modification "will promote the general purpose of the standard better
than a plan that would comply the standard" (subparagraph (1) of 2.8.2(H)).
2. Mason Street North occupies a site (Lot 12 of the original Martinez PUD) that is
divided up by a large storm water easement, a railroad easement, a light and
power easement and several water easements. These are in addition to the
regular peripheral utility easements. These easements cross each other in
irregular angles making the site very challenging for the proposed density. (The
reasons why the proposed density promotes City's policies have already been
provided in this report.). Therefore "by reason of extraordinary and exceptional
situations, unique to this property, the strict application of the standard" would
result in "exceptional practical difficulties" and "exceptional hardship upon the
owner" (subparagraph (3) of 2.8.2(H)).
STAFF'S ANALYSIS OF THE MODIFICATION REQUEST
Section 4.4(E)(2)(c) of the LUC limits the maximum height of nonresidential and mixed -
use buildings to two and one-half (2.5) stories in the LMN — Low Density Mixed -Use
Neighborhood Zoning District. The applicant/developer proposes to construct 3 mixed -
use (residential, office, and retail) buildings in the Mason Street North project, with
portions of each building being 3 stories in height. All buildings will provide a
combination of flat and sloped roofs (some in different directions) that incorporate and
define dormers, windows, and balconies associated with occupied space on the 2"d and
3`d levels.
Staff finds that the granting of this modification request would not be detrimental to the
public good and that the plan as submitted will promote the general purpose of the
standard set forth in Section 4.4(E)(2)(c) equally well than would a plan which complies
with the standard.
The original Martinez PUD was submitted and reviewed prior to the adoption of LUC.
That plan had a 3-story, 40' high mixed -use building on Lot 12 of the PUD. The zoning
assigned to this property as a result of the adoption of the LUC was LMN, based on the
uses in the development. At that time there was no allowable building height or
limitation other than the City-wide 40' limitation. The proposed Mason Street North
project, being a major amendment to Lot 12 of the Martinez PUD, is located at the north
end of the Civic Center Master Plan and adjacent to Martinez Park. Due to the location
of this project, the presence of existing 3-story and 4-story buildings in the co -housing
portion of the Martinez PUD, the City's new office building one block south being 4
stories in height, and the previously approved mixed -use building on this site being 3
stories and 40' in height, staff has determined that the 3-story portions of the proposed
buildings are compatible with surrounding properties, land uses, and existing
development.
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(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."
The applicant has proposed that the modification to the standard meets the
requirements of Sections 2.8.2(H)(1) & (3) of the LUC.
APPLICANT'S REQUEST
The applicant has proposed that the modification request meets the requirements of the
LUC 2.8.2 Modification Review Procedures (H) Step 8 (Standards).
Section 4.4(E)(2)(c) of the LUC requires mixed -use buildings in the LMN Zoning District
to be a maximum 2.5 stories in height. Mason Street North proposes buildings with
partial 3 story high sections. The development team believes that although Building C
does not follow Section 4.4(E)(2)(c) literally, it satisfies its general purposes. Depending
on the legitimate reasons outlined in 2.8.2(H), the development team is requesting a
modification to Section 4.4(E)(2)(c). The following is a list of justifications explaining
why this modification would not be detrimental to the public good and that this request
of modification meets the requirements and criteria outlined by the subparagraphs (1)
and (3) of 2.8.2(H):
1. Mason Street North proposes three buildings with all ground floors reserved for
retail/office uses and residential units occupying upper floors. In order to create a
diversity of units and building forms some of these residential units have second
stories (third story for the building) for bedrooms only (no kitchens, dining and
living rooms are provided in third floors). These third stories are always
combined with sloped roof forms, windows and dormers to create a rich but not
overwhelming residential expression. Since the intent of the mentioned standard
is "to encourage roof forms, dormers, windows, balconies and similar features
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Community Planning and Environmental Services
Current Planning
i CfflAA_WtV
City of Fort Collins MEMORANDUM
Date: January 8, 2002
To: Planning and Zoning Board Members
From: Stephen Olt, City Planner
Re: Modification of a Standard for the Mason Street North — Major
Amendment, Project Development Plan - #4-97B
The applicant is proposing partial 3-story buildings in the Mason Street North project.
Staff recommends that the following supplemental information and recommendation
regarding a modification request for Section 4.4(E)(2)(c) of the Land Use Code (LUC)
for the Mason Street North — Major Amendment, Project Development Plan - #4-97B be
included as part of the Staff Report and Recommendation to the Planning and Zoning
Board for the January 17, 2002, public hearing:
MODIFICATION REQUEST — PERTINENT CODE SECTIONS
This request is for modification to the following section of the LUC:
Section 4.4(E)(2) Nonresidential and Mixed -Use Buildings. (c) Height states:
"In order to encourage roof forms, dormers, windows, balconies and similar
features associated with occupied space, to the extent reasonably feasible,
buildings or parts of buildings shall be at least one and one-half (1.5) stories in
height (with functional and occupied space under the roof). The maximum height
shall be two and one-half (2.5) stories."
As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the
Planning and Zoning Board shall review, consider, and approve, approve with
conditions or deny an application for a modification based upon:
"... 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
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