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Home My WebLink AboutWATER'S EDGE @ RICHARD'S LAKE - PDP - 58-86J - DECISION - CORRESPONDENCE' SiteGrap J \ nAacape+ Ar<hlteet Tel; t970) 972 91 i lea 1 0) °0529 4Q'-0 I 6 I I115 Omnt Sheet O-J Derne., CO °020] °I N °] °3 83 @ �32 °i °i B] °3 B] Tel: 003) °32-2330 F¢ : (349) 832-=l36 ___ __ __ _— i I / \/�•• � e"senrm I < ; e — _ 1 _ _ ■ / �u 1 j �` -- -- --j L_,, \ I , c ♦ ■ i i i ° L=J ICI _ _ ■ I' ■ 1 1 �; 1 I I 1 I I 1 ' u " u nx 11Ir^ nx EA f� IPU i - \ ♦ [ ■ ■ TH I ° I I 1 1 I r—I I I N 1 1 r¢ I _ A2 — _ I=1 a a ^ IN■ • ■ I ♦■ °� ♦tl■ AN e2 c j' e I 1 ° I °C I I ° 1 1 ° 1 I ° I �1 I ^ 1 I 1 r� L ° ^ if ■ ° a ■ I 1 1 ° I _ I-1 I-� — 4--1 .`:�\�' ��• 1` Q , 'ee` _ - ' �JI� :• `�' = `_—_L^ �11CIAC LL ` E `` ) TAR D ' fl \ \ ■ ^' ■ 16 El D ■ ♦ ° 1 D I ° DETENTI m El 1 rl WALK OUT LOTS` /E/,/�� GARDEN LEVEL LOTS • LAND USE SUMM El LIMN �'e I ° ° ° GROSS ACRES 90.62 ° I ° 1/ • 1 1 \ �; ■ ♦ I 1 L ^ l Z OIL WELLS 3.47 AC �� r� \ I 1 1 ` Lc.II Q -j NET GROSS AREA 87.15 AC ° ° I I 4L� O LLJ REC CENTER 1.41 AC \` • I ° ACTIVE O.S. DD 0 Q PED CONNECTIONS 5.13 AC l TRAFFIC CIRCLE 1.0 AC p, I c \— ' `♦� \ \ ` it NET AREA 72.76AC p� Ian —'11 ' ° h '' • c c c ■ ° H ATER DRIVE 6O' X 90' PATIO 87 ` \ J • =' I ■ D 70' X 90' PATIO 31 — \ \ ♦ ° D D EXISTING RICHARDS LAKE PUD �45'X95'SFALLEY 27 W tj'�'�—�� ,�� ♦ • ° I 1!1 fMi 50' X 95' SF ALLEY 34 SOLAR REQ. — — M 60' X 1 1 O' SF 36 1 15 OUT OF 64 = #3.56- - - D zo � 75' X 1 1 O' SF 26 scnlEr_)zo LIFESTYLE TH 107 TOTAL 348 J08 H0: 5508] GROSS DENSITY 4.0 DU/ACu Go DMWM MIA CHECKED.'OH NET DENSITY 4.8 DU/AC °"` JeO."' z006 �srons: URBAN ESTATE GROSS ACRES 17.8 AC OPEN SPACE 9.1 AC OS =51.5% =75' X 1 10'+ SF 12 El 80' X 120' SF 1 1 TOTAL 23 CONCEPT PLAN 'A SHM no: GROSS DENSITY 1.3 DU/AC I °F 1 Ir- ; 'I L.a nd s c a p e 'Air c h it'�e c t u r.e • R EC.F '- S i t e P 1•a n n i n g G,r R P It i c?s - / I'i �r i'l"ytY lr' t January 9; 2006 " J .s. t rzGNT P��{ G Cameron Gloss Current Planning Director City of Foil Collins 28.1:Nor th'College. Fort Collins, CO 80521 Dear Cameron,', Steve Olt recommended I present this interpretation request for purposes of calculating the Water's Edge at Richards Lake IMN.residential density. . I would,like to'request anlinterpretation ofthe'standards set forth in Section 3.8.IS - Residential Density Galculations:of the Land Use Code (LUC). Specifically, I' am requesting an interpretation of how to calculaie the' Gross and Net Density for lots thaf are in two'distutct Zoning Districts. I am prgviding the Water's Edge at Richards Lake 11" x 17" concept site plan as partofthis request. There are five (5) lots labeled "C" and nine (9) lots -labeled "D"that are on the boundary of the Urban Estate. and Low -Density Mixed Use Neighborhood Districts. The general shape and layout -of the site makes it relatively impractical to eliminate this overlap of.lots across the Zoning District Boundary: _ Per discussions with Steve Olt, I understand City Code does riot allow.modification of the. Zoning District Boundary location. This requires an -interpretation of where to include -these lotsinthe density calculation: . The proposal is that the fourteen (Ii ,lots be included in the L-M-N lot total for the density calculation. This is ' justified as these lots are primarily served by streets in the L-M-N district; making these lots more a part of the L-M- N neighborhood than the Urban Estate neighborhood. The area calculation would be'based on area defined by the defined Zoning District -Boundary. I believe this proposal meets the intent of the standard while respecting the Zoning Districts established by the City. I look forward to your interpretation. ; Don Tiller, A. of (I . . I �• r � I f t'� 7t. Y� .0 r S; .ill f'� 'i., '{ 1 :flt r I .. •Civic Center Vill age+ 144 North Mason Street Suite 2 • Fort Collins, Colorado 80524 - (970),472-9125 • F'a :(970) 494-0728 In this particular case, the applicant clearly has a physical hardship that is not self-imposed. Property shape, the location of existing connecting streets, and the street access standards make it virtually impossible to design the subdivision plat such that all lots neatly fall into separate zone districts. Therefore, in the case of the Water's Edge at Richard's Lake, lots encroaching more than 50 feet into a zone district, shall be considered to be located entirely within the zone district for purposes of calculating residential density. cc: Peter Barnes Ted Shepard Gregory Byrne Paul Eckman Steve Olt The Richard's Lake PUD has since expired, leaving the zone district boundary in place. The PUD expiration makes the project site subject to requirements of the Land Use Code. INTERPRETATION REQUEST: The applicant has provided a narrative describing the interpretation request (see attached). In summary, the applicant is asking the Director to consider the following: "I am requesting an interpretation of how to calculate the Gross and Net Density for lots that are in two distinct Zoning Districts. There are five (5) lots (within the Water's Edge at Richards Lake) labeled "C" and nine (9) lots labeled "D" that are on the boundary of the Urban Estate and Low - Density Mixed Use Neighborhood Districts. The general shape and layout of the site makes it relatively impractical to eliminate this overlap of lots across the Zoning District Boundary. The proposal is that the fourteen (14) lots be included in the L-M-N lot total for the density calculation. This is justified as these lots are primarily served by streets in the L-M-N district, making these lots more a part of the L-M-N neighborhood than the Urban Estate neighborhood. The area calculation would be based on area defined by the defined Zoning District Boundary". APPLICABLE LAND USE CODE TEXT: Section 1.4.6 of the Land Use Code, Division of a Lot of Record by a Boundary, gives some direction as to a possible solution to the question of split zoning. This section states that: Where a district boundary divides a lot of record at the time the boundary was established, and where the division makes impractical the reasonable use of the lot, the boundary may be adjusted by the Director in either direction not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot. INTERPRETATION: Even though the lots in question were not on "record at the time the (zone district) boundary was established", the Director finds that the provisions of Section 1.4.6 could still be applied to the proposed subdivision. Clearly, the intent of this section is to provide a means to resolve situations where physical constraints do not permit the zone district line to coincide with property lines or rights -of -way. Comity Planning and Environmentoervices Current Planning City of Fort Collins TO: Interested Parties FROM: Cameron Gloss°--- Current Planning Director DATE: February 1, 2006 SUBJECT: Administrative Interpretation #1-06 regarding the calculation of gross and net density standards found in Section 3.8.18 of the Land Use Code applicable to properties split into two zone districts. BACKGROUND Section 3.8.18 of the Land Use Code sets the methodology for calculating residential development density. This code section applies to both gross and net residential density calculations. Residential density standards vary. Most districts set a maximum number of residential units per acre, based upon the gross site area that is considered a "gross density" calculation. Some other districts also set a required minimum residential density that is based on the net site area after deductions for land allocated to right-of-way, open space, and other site areas, are made. The Low Density Mixed Use Zone district, for example, sets a minimum density of five (5) dwelling units per net acre and a maximum density of eight (8) dwelling units per gross acre. A request has been received to interpret how density standards are generally applied to situations where lots are split between zone districts and, based on this interpretation, how it would be applied to the potential future development plan referred to as "Water's Edge at Richard's Lake". Zone district boundaries are typically established at property lines, section lines, city limit lines, centerlines of stream beds, and centerlines of streets, alleys or railroad lines, but sometimes are based on other factors. The zone district boundary on the subject property, formerly Richard's Lake PUD, was assigned in 1997 upon adoption of City Plan and corresponds to a 'h section line and is not associated with property boundaries or streets created under the original PUD approval. 281 North College Avenue * P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020