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Home My WebLink AboutWATER'S EDGE @ RICHARD'S LAKE - PDP - 58-86J - REPORTS - MODIFICATION REQUESTMODIFICATION REQUEST ALTERNATIVEEILAN ILI I W \\ / _ ___ B , / ', / + 1A2 1114 A A2 a 1 5 I rd # n Ira A 117 1 �,{ 1 � 1 1A40 A 3 A 1A # # # 13i 11B , 109 110 111 d A#2 a a 138 Ile M A2. i 9 1A2 147 A2 A 1a7 120 105 107 105 a # # # A A a ii P n A' 1A A C7 145 150 151 j A A U. i 03 1 A2 A A2 1a4 123 i 1A22 10A4 1A�2 # # # A2 A2 # d # pnui.lwi I # 0 , O 1 - ------ I ��-� 1aa 124 A2 A2 0 , +X3 A2 I 132 125 1 1 102 102 100 i d d d A A # ii A 131 125 i A A II e 11 � 165 166 157 • A2 a � o a ` 1n 127 A A i 55 59 �j 129 � i I o 4 `�` 1MORNINGSTAR WAY; '� i MODIFICATION REQUEST PREFERRED PLAN 0 0 We feel that the preferred plan promotes the general purpose of the standard equally well or better than a plan that satisfies the standard as follows: • The preferred plan maximizes the number of solar -oriented lots. • The preferred plan optimizes visual presentation to the surrounding neighbors and public streets, with inward facing garage dominated facades • The preferred plan provides an internal pedestrian walkway between the front facades of the internal buildings for the residents • The preferred plan provides the ability to address the internal buildings using the named private drives per request of Poudre Fire Authority. C) The plan as submitted will not diverge from the standards of the Land Use Code that are authorized by the Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. We believe the preferred plan presents a modification that is inconsequential to and in fact advances the purposes of the Land Use Code as contained in Section 1.2.2. Specifically, the preferred plan optimizes the design, quality and character of the development in relation with the adjacent developments and maximizes the number of solar -oriented lots. Further, public safety requirements as expressed by the Poudre Fire Authority are addressed with the provision of addressing for the internal buildings in this parcel to the named private drives. Findings of Fact/Conclusion We understand that in order to approve the Modification Request the Planning and Zoning Board must make the following findings: A. The request for this modification to Land Use Code Sections 3.6.2(L)(1)(b) is subject to review by the Planning and Zoning Board. B. Granting the requested modification would neither be detrimental to the public good nor impair the intent and purposes of this Land Use Code. C. Granting the requested modification would allow the project to advance (1) in a way that promotes the general purpose of the standard for which the modification is requested equally well or better than a plan which complies with the standard and (2) in a way that only diverges in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2, as follows: • The site design for the area in question is constrained by existing public streets or extension of existing public streets, proximity to the north property boundary, and the existing oil well site. • The preferred plan maximizes the number of solar -oriented lots. • The preferred plan optimizes visual presentation to the surrounding neighbors, with inward facing garage dominated facades • The preferred plan provides an internal pedestrian walkway between the front facades of the internal buildings for the residents • The preferred plan provides the ability to address the internal buildings using the named private drives per request of Poudre Fire Authority. We request and recommend approval of the Water's Edge at Richard's Lake Modification Request. Water's Edge at Richard's Lake Modifications of Standards Request 12/1/2006 page 3 of 3 0 Modification to development requirements Code Section: 3.6.2(L)(1)(b) Primary access in single-family developments. A private drive, instead of a street, shall be allowed to provide primary access to residential development, provided that the drive is connected to only one (1) street. Discussion: In the preferred plan, three named private drives, Squib Lane, Skiff Lane or Jetty Lane, do not meet this requirement given each drive connects to both Outrigger Way and Daysailer Way (see Preferred Plan). This plan is preferred by the applicant because it makes the most efficient usage of the area while allowing 100% of the lots to meet the requirement for solar -orientation. The design features include rear -loaded garages eliminating garage dominated facades on the public streets, a pedestrian walkway connecting the front walkways to the pedestrian network traversing the site east to west, and the ability to address each lot using the named private drives per request of Poudre Fire Authority. Use of alleys in place of the private drives was considered but rejected because LUC 3.6.2(J)(1) requires the dwelling unit served by the alley to front on a residential local street (which is not feasible for the internal lots) and public alleys cannot be named to permit the addressing requested by the Poudre Fire Authority. The alterative plan (Alternative 1) was presented during the October 19, 2006 Planning and Zoning Board hearing. This alternative did not allow the overall site design to meet the LUC Section 3.2.3(B) requirement for solar -oriented lots. The Planning and Zoning Board agreed to table the public hearing for the application, requesting the site be modified to increase the number of solar -oriented lots. Other alternatives were explored, but in each case, the number of solar -oriented lots were reduced or the pedestrian connections were compromised. As a result, the applicant believes approval of the preferred plan with the requested modification to standards is appropriate and justified. Justification We understand that in order to approve the Modification Request the Planning and Zoning Board must make the following findings: A) The Planning and Zoning Board may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good. We believe the preferred plan is not detrimental to the public good. It contributes to the development's ability to exceed the city requirement for solar -oriented lots. B) 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. LUC code section 3.6.2(L)(1)(b) Primary access in single-family developments. A private drive, instead of a street, shall be allowed to provide primary access to residential development, provided that the drive is connected to only one (1) street. Water's Edge at Richard's Lake Modifications of Standards Request 12/1/2006 page 2 of 3 • 0 MODIFICATION REQUEST WATER'S EDGE AT RICHARD'S LAKE This is a modification of standards for Water's Edge at Richard's Lake to address the following item: A. Modification of standards to Section 3.6.2(L)(1)(b) of the Land Use Code, accepting preferred plan in which three named private drives, Squib Lane, Skiff Lane and Jetty Lane, are each allowed two connections to public streets. PROJECT BACKGROUND Water's Edge at Richard's Lake is a 108 acre residential development, bounded by Tumbeny Road on the east, Richards Lake PUD on the south, Hearthfire PUD on the west, and Serramonte Highlands to the north. The site has 90.6 acres zoned Low Density Mixd Use (L-M-N) and 17.8 acres zoned Urban Estate (U-E). The purpose of this modification request is to allow three named private drives, Squib Lane, Skiff Lane and Jetty Lane, to connect to two public streets, Daysailer Way and Outrigger Way. This request is maximizes the number of solar oriented lots in this area of the development while meeting Poudre Fire Authority emergency response addressing requirements. The size and shape of this area is somewhat constrained by the existing Morningstar Way extension to Tumberry Road, Turnberry Road, the north property boundary and the existing oil well. The initial site design presented during the Planning and Zoning Board public hearing on October 19, 2006 did not meet the LUC Section 3.2.3(B) requirement for solar -oriented lots. The Planning and Zoning Board agreed to table the public hearing for the application, requesting the site be modified to increase the number of solar - oriented lots. With the preferred and modified plan, 100% of the 57 lots in this area are solar -oriented. 1n the previous plan, only 64% or 39 lots in this area are solar -oriented. This change combined with changes elsewhere on the site results in 69% of the lots meeting the solar -orientation criteria. The Poudre Fire Authority has reviewed and approved the request for this modification contingent upon naming the private drives. Primary vehicular access to the internal dwelling units not adjacent to a public street is provided by one of the private drives (Squib Lane, Skiff Lane or Jetty Lane) serving the rear -loaded garages. Naming the private drives allows addressing specific to this access, simplifying Poudre Fire Authority emergency response drives to locate these dwelling units. To further assist emergency response efforts, these dwelling units are also required to have a man -door in the rear of the unit and have address numbers on both the front and rear of the dwelling unit. The applicant has explored other alternatives to the preferred plan in this particular area. This work has not resulted in a plan that would meet both the project objectives and code requirements. As a result the applicant is requesting a modification to 3.6.2(L)(1)(b) Private Drives. Water's Edge at Richard's Lake Modifications of Standards Request 12/1/2006 page 1 of 3