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Home My WebLink AboutRIVER MODERN - PDP - PDP150005 - SUBMITTAL DOCUMENTS - ROUND 3 - ALTERNATIVE COMPLIANCE REQUESTAlternative Compliance - Section 3.2.3 (C) — Solar Oriented Lots River Modern Revised May 21, 2015 The dimensions of the development parcel limit the ability to provide east/west oriented streets which are more conducive to creating solar oriented lots as defined by the LUC. The proposed site plan includes 12 lots that comply with the definition of a solar oriented lots. In addition to the 12 solar oriented lots, the buildings on lots 5, 7, 9, 11, 13, 24, 26, 28 and 30 will have south facing roof planes where solar collectors could be installed, bringing the total number of lots with solar access to 21, which is 70% of the total number of lots. The alternative plan accomplishes the purpose of this section (i.e. protecting the right to solar access) better than a plan that would provide 65% solar oriented lots, in that 70% of the lots will have solar access, either as a solar oriented lot or with a building that provides south -facing roof planes on which solar collectors could be installed. In addition, the alternative design enhances neighborhood continuity and connectivity and fosters nonvehicular access by providing sidewalk and trail connections, and preserves existing natural or topographic conditions on the site. Based on the above findings, the Applicant requests that the decision maker approve its alternative site layout as it accomplishes the purposes of the solar access requirements of LUC Sec. 3.2.3 equally well or better than a plan that complies with the requirement for 65% solar oriented lots as defined by the LUC. Alternative Compliance - Section 3.2.3 (C) — Solar Oriented Lots River Modern Revised May 21, 2015 3.2.3(F) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative site layout that may be substituted in whole or in part for a plan meeting the standards of this Section. (1) Procedure. Alternative compliance plans shall be prepared and submitted in accordance with submittal requirements for plans as set forth in this Section. The plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the purpose of this Section than a plan which complies with the standards of this Section. (2) Review Criteria. In approving an alternative plan, the decision maker shall find that the proposed alternative plan accomplishes the purposes of this Section equally or better than a plan which complies with the standards of this Section. In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative design enhances neighborhood continuity and connectivity, fosters nonvehicular access, and preserves existing natural or topographic conditions on the site Definition Solar -oriented lot shall mean: (1) a lot with a front lot line oriented to within thirty (30) degrees of a true east -west line. When the lot line abutting a street is curved, the "front lot line" shall mean the chord or straight line connecting the ends of the curve. For a flag lot, the "front lot line" shall mean the lot line that is most parallel to the closest street, excluding the "pole portion of the flag lot"; or Twelve lots (1-4 and 15-22) meet this requirement. (2) a lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within thirty (30) degrees of true north along said line; or Not applicable. (3) a corner lot with a south lot line oriented to within thirty (30) degrees of a true east -west line, which south lot line adjoins a public street or permanently reserved open space; provided, however, that the abutting street right-of-way or open space has a minimum north -south dimension of at least fifty (50) feet. For the purposes of this definition, "permanently reserved open space" shall include, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space. Not applicable. Alternative Compliance Request: Alternative Compliance - Section 3.2.3 (C) — Solar Oriented Lots River Modern Revised May 21, 2015 This narrative requests that the decision maker approve an alternative plan that includes 12 solar oriented lots as illustrated in the PDP site plan, which deviate from the 65% requirement (20 required solar oriented lots) set forth in Section 3.2.3(C) of the Fort Collins Land Use Code ("LUC"), as specifically provided for in that section. Seth Lorson's comment related to the Site Plan: LUC Sec. 3.2.3(C). This plan is required to provide at least 65% (or 20 units) of lots as "solar -oriented lots." Sec. 3.2.3(F) provides alternative compliance for this standard. The LUC section regarding this issue is as follows: 3.2.3 Solar Access, Orientation, Shading (A) Purpose. It is the City's intent to encourage the use of both active and passive solar energy systems for heating air and water in homes and businesses, as long as natural topography, soil or other subsurface conditions or other natural conditions peculiar to the site are preserved. While the use of solar energy systems is optional, the right to solar access is protected. Solar collectors require access to available sunshine during the entire year, including between the hours of 9:00 am and 3:00 pm, MST, on December 21, when the longest shadows occur. Additionally, a goal of this Section is to ensure that site plan elements do not excessively shade adjacent properties, creating a significant adverse impact upon adjacent property owners. Thus, standards are set forth to evaluate the potential impact of shade caused by buildings, structures and trees. (B) General Standard. All development shall be designed throughout to accommodate active and/or passive solar installations to the extent reasonably feasible. (C) Solar -Oriented Residential Lots. At least sixty-five (65) percent of the lots less than fifteen thousand (15,000) square feet in area in single- and two-family residential developments must conform to the definition of a "solar -oriented lot" in order to preserve the potential for solar energy usage. (D) Access to Sunshine. The elements of the development plan (e.g., buildings, circulation, open space and landscaping) shall be located and designed, to the maximum extent feasible, to protect access to sunshine for planned solar energy systems or for solar -oriented rooftop surfaces that can support a solar collector or collectors capable of providing for the anticipated hot water needs of the buildings in the project between the hours of 9:00 am and 3:00 pm MST, on December 21. The LUC also allows the approval of an alternate site layout: