HomeMy WebLinkAboutMODIFICATION FOR RIGDEN FARM, PARKSIDE EAST - 56-98H - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSDRAKE ROAD
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Exhibit of the Approved ODP and the Authors notes for density distribution.
Exhibit of the C1ubHouse Location, Orientation and modification from the 15' setback.
Club House Location
Exhibit of the Proposed Parkside East Site Location and Overlay on the ODP
Item 7. Principals and Policies: Land Use: "Principle LU-1 Growth within the city will
promote a compact development pattern within a well defined boundary." This
modification is in support of this principal and policy by supporting the increased overall
density and supportive to the Citywide structure and urban design.
Item S. Principals and Policies: Housing; " Policy HSG-1.1 Land Use Patterns. The City
will encourage a variety of housing types and densities, including mixed -used
developments, that are well -served by public transportation and close to employment
centers, services, and amenities. In particular, the City will promote the siting of higher
density housing near public transportation, shopping, and in designated neighborhoods
and districts." As supported by the primary transportation of Drakes Street that is located
within one block of this proposed development.
Item 9. Principals and Policies: Housing; " Policy HSG-2.3 Development Practices.
The City will seek opportunities to modify land use regulations and permit processes that
make project approval timelines, achievable densities, and mitigation costs more
predictable." Supportive to this policy is the requested modification for increase in
density.
With the support of the City of Fort Collins Planning Commission and Zoning Board we
formally request support of the modification as being consistent with the policies of the
City Plan for the City of Fort Collins, as well as, consistent with the goals of objectives of
the City Plan.
If you are in need of additional information or assistance please contact our office at your
convenience.
Sincerely,
Design Development Consultants
Donald D. Leffler
Encl: Exhibits
within reason and request the 0.3 tolerance for density be respective of creating diverse,
special needs to support the community vision of the community.
Item 2. Community Goals: Land Use; Page 13 of the City Plan address by title the
support for this modification as stated "Our Community will have a compact land use
pattern within a well-defined boundary." It is the intent of this modification to support
the directive from the city plan in the land use of higher density, less urban sprawl,
cohesive balance, support of alternative transportation means and mass transit.
Item 3. Transportation; This modification is in support of alternative transportation uses
and mass transit systems. By increasing the allowable density for the current zoning the
number of potential users of the mass transit system on a percentage rate increases
respectively. This is supportive of the community goals for transportation as stated on
page 24 of the City Plan and stated as follows: "Our Community's growth will be
structured in a compact pattern that facilitates pedestrian, bicycle, and transit travel".
"Our City will manage its development in a manner that minimizes automobile
dependence by its population and work force, and maximizes choices among other modes
of local and regional travel," This specific modification is in complete support of the
need for higher density in our community and directly related to our community goals.
As we know communities with high -density ratios have favorable mass transit systems
that replace the need for automotive travel. This request is in direct support of the goals
and objectives of the City Plan.
Item 4. City Structure Plan: As stated on page 69 of the City Plan, "Compact
Development Pattern. Growth within the city will be focused to promote a compact
development pattern. By directing urban development to well-defined areas at higher
densities growth can be accommodated without fostering urban sprawl." This statement
is a direct correlation to our requested modification.
Item 5. Choices Made by the City Structure Plan: Density, As stated on page 73 " One of
the choices made is about the density of our neighborhoods... how many dwelling units
are built on each acre of land. Our existing neighborhoods have developed at an overall
average density of about 4 dwelling units per acre. The City Structure Plan recommends
that new neighborhoods have a minimum overall average density of about 5 dwellings
per acre, resulting in a more compact urban form." This modification is in support of
increasing the overall density and consistent with the City Plan.
Item 6. City Structure Plan: Neighborhoods; As stated on Page 78 of the City Plan, the
desire for higher density with approximate density goals is consistent with this
modification request. " Medium Density Mixed -Use Neighborhoods will develop at
approximately 12 dwelling units per acre, and will include a mix of small -lot single
family homes, duplexes, townhomes, and multi -family housing. These neighborhoods
will be located in close proximity to Neighborhood commercial Centers, Community
Districts, and transit routes." As per the ODP for Rigden Farms and consistent with the
City Plan for the City of Fort Collins.
The site characteristics specific for the location of the clubhouse benefit as an entry
feature and buffer from the neighboring residential lots located immediately to the east.
Furthermore, if a residential structure were to be built in the location where the clubhouse
is located it would require several modifications to address the 200 foot pedestrian
accessibility issues, orientation to streets, and several other design criteria to facilitate this
site. The unique shape of this parcel and the inability to interconnect streets to the east of
this site make the C1ubHouse a better solution to the physical constraints of thisparcel.
Modification No. 2
The second of the Modifications is addressed as follows. Currently the site known as
Tract H is zoned as LMN. The parcel has a gross area of 3.24 acres with 40 proposed
dwelling units. This results in a gross density of 12.34 dwelling units per acre.
Under the current zoning of LMN and as defined in Division 4.4.D.c defines that "the
maximum density of any phase in a multiple -phase development plan shall be twelve
dwelling units per gross acre of residential land."
It is with the understanding that prior to platting of this parcel during the Rigden Farm 0
filing the total area was 4.2 acres. However, because the public right of way has been
dedicated then the gross acreage became 3.24 acres. If the total area of the property were
to be used in the density calculation this request would not be needed and would be 9.5
dwelling units per acre and well within the desired density for the current zoning.
Furthermore, the proposed development is not detrimental to the general public and
complies with the Rigden Farm 0 filing, ODP for Tract H as shown on the attached
exhibit. The ODP for this region shows a density distribution range of 150 dwelling units
to 200 dwelling units over 34.36 acres. With the 40 dwelling units proposed by this
development, the range would be reduced to 110 to 160 dwelling units over a 31.12 acres.
The density range for the balance of the area is 3.53 to 5.14 dwelling units per acre,
which is in support of the density structure as stated in the City of Fort Collins City
Structure Plan, "The City Structure Plan recommends that new neighborhoods have a
minimum overall average density of about 5 dwellings per acre", found on page 73 in the
City Plan for the City of Fort Collins. The original author of the ODP distributed 35 to
85 dwelling units in this specific area as shown on the exhibit.
Additionally, it is the intent of the developer to promote the City Plan for the City of Fort
Collins and by requesting the Modification listed above support the specific goals and
objectives of the `City Plan' and stated below.
Item 1. Community Vision: As stated on page 8 of the City Plan for the City of Fort
Collins, "Fort Collins will be diverse and inclusive, with a variety of housing throughout
the community so that people of all incomes, ages, races, cultures, household types,
special needs can find opportunity for places to live." The developer is promoting this
Parkside East at Rigden Farms
Parkside Homes
Fort Collins, Colorado
Request for Modification of Standards
In accordance with Common development practices as stipulated in the Modification of
Standards (section 2.8 of the City of Fort Collins Land Use Code) we are requesting the
following Modifications.
Request for modification to the General Development Standards contained in Division
2.8.2.H and the Land Use Standards and Development Standards as well as Support
arguments from the City of Fort Collins City Plan.
Under Division 2.8.2.H. I and 2.8.2.H.2. The enclosed modifications from the application
currently filed will result in a equal or better plan and a substantial benefit to the city by
reason of fact and that the proposed project would substantially address and improve the
community needs specifically and expressly defined and described in the City Plan for
the City of Fort Collins.
Modification No.1
The first of the two modifications requested addresses the modification to Division
3.5.3(B)(2)(b), City of Fort Collins Land Use Code, which requires that the clubhouse be
located no more than 15 feet from the adjacent street right of way. The re uq est for
modification is to allow the orientation of the clubhouse to be located beyond the 15 feet
restriction from the adjoiningright i`ht of way. Additionally, the facility is specifically for the
use of the condominium owners and there designated guests. This facility will not be
accessible to the general public for use by others other than the members of the
HomeOwners Association (HOA) for Park Side East/West at Rigden Farms and their
guests respectively..
The proposed location of the clubhouse is not detrimental to the public good and is equal
to or better than the design standards stipulated in Division 3.5.3(B)(2)(b) of the City of
Fort Collins Land Use Code. The developer proposes to maintain the integrity of the
streetscape, uniformity of housing and continuity with building masses by the proposed
design. If the clubhouse is placed within 15 feet of the right of Way and adjacent to
public streets there will not be the consistency and character of the streetsm, massing
of the building structures, nor the continues of residential housing
Because of the physical constraints and shape of this unique parcel of land the developer
proposes to place the clubhouse in a more desirable location that enhances the entire
community. With the orientation for the clubhouse, pool and community building as
presented on the site plan the clubhouse building will improve the esthetics of the
neighborhood, maintain the continuity of the street side vista's and better the public
interest by adding to the transition from the single family dwelling units to the east.
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Rigden Farm, Parkside East, Project Development Plan, File #56-98H
November 16, 2000 Planning & Zoning Board Meeting
Page 7
C. Granting the requested modification to Section 4.4(D)(1)(c) would not be
detrimental to the public good because the density of the entire block on
which the project is 10.08 units per gross acre.
D. The strict application of Section 4.4(D)(1)(c) would result in a hardship upon
the owner of the property because the gross density calculation, in this case,
cannot include the adjacent street right-of-ways.
E. Granting the requested modification to Section 4.4(D)(1)(c) would result in a
substantial benefit to the city because the proposed project would
substantially address an important community need described in City Plan,
the alternative plan continues to comply with the O.D.P. densities for Tract H,
and a higher density is achieved in a "well-defined area."
F. Granting the requested modification to Section 3.5.3(13)(2)(b) would not be
detrimental to the public good because the portions of the site that are
adjacent to street rights -of -way have buildings located up near the street, and
because there is no street adjacent to the interior portion of the site.
G. By reason of exceptional physical conditions (the unusual shape of the lot)
the strict application of Section 3.5.3(13)(2)(b) would result in undue hardship
upon the owner of the property because there is a substantial portion of the
lot that is not adjacent to a street right-of-way.
6. RECOMMENDATION:
A. Staff recommends approval of the modification request to Section
4.4(D)(1)(c) of the LUC for the Rigden Farm, Parkside East, Project
Development Plan, File #56-98H.
B. Staff recommends approval of the modification request to Section
3.5.3(13)(2)(b) of the LUC for the Rigden Farm, Parkside East, Project
Development Plan, File #56-98H.
Rigden Farm, Parkside East, Project Development Plan, File #56-9811
November 16, 2000 Planning & Zoning Board Meeting
Page 6
Because the alternative plan continues to comply with the O.D.P. densities for
Tract H, and because a higher density is achieved in a well-defined area, staff
finds that the granting of this modification request from the strict application of the
standard would result in a substantial benefit because the proposed project
would substantially address an important community need described in the City's
Comprehensive Plan.
B. Staffs Evaluation of 3.5.3(13)(2)(b)
(1) Not detrimental to the public good
The standard addresses the public good by requiring that the buildings are
located with a direct spatial relationship to the street. Because the site plan
locates all of the residential buildings along the street, the public good that was
intended to be addressed by the standard is being satisfied. The building for
which the modification is being requested is in an interior portion of the site that is
physically not adjacent to any street right-of-way. Because the portions of the
site that are adjacent to street right-of-ways have buildings located up near the
street, and because there is no street adjacent to the interior portion of the site,
the proposed modification request is not detrimental to the public good.
(2) Hardship
The physical shape of the lot is such that there is a substantial portion that is not
adjacent to a street right-of-way. It is not the intent or purpose of the land use
code to prohibit non-residential development from areas of lots that are not next
to a street, but rather to foster a pedestrian oriented relationship between
buildings and streets where possible. Staff finds that by reason of exceptional
physical conditions (the unusual shape of the lot), the strict application of the
standard sought to be modified would result in undue hardship, and also finds
that such difficulties or hardship are not caused by the act or omission of the
applicant.
5. FINDINGS OF FACT/CONCLUSION:
A. Both requests for a modification to Land Use Code are subject to review by
the Planning and Zoning Board.
B. Granting the requested modification to Section 4.4(D)(1)(c) would not be
detrimental to the public good because the proposed density is in compliance
with the O.D.P.
Rigden Farm, Parkside East, Project Development Plan, File #56-98H
November 16, 2000 Planning & Zoning Board Meeting
Page 5
30, and a maximum of 90, dwelling units. Therefore, if the Planning and Zoning
Board grants this modification request, the proposed P.D.P. would still be in full
compliance with the approved O.D.P. Because the proposed modification
request does not inhibit the applicant's ability to comply with the approved
density range on the O.D.P, staff finds that the proposed modification request is
not detrimental to the public good.
Furthermore, the density of the block within which this parcel sits, taken as a
whole, would be a density of 10.08 dwelling units per gross acre, if the proposed
modification were granted. In this case, it may be more appropriate to look at the
whole block rather than the specific P.D.P. boundary to calculate the density.
Because density of the block, taken as a whole, would be less than 12 units per
acre, staff finds that the proposed modification request is not detrimental to the
public good.
(2) Exceptional physical conditions.
The total area of the site (includes property to the centerline of adjacent streets)
is 4.2 acres. Section 3.8.18 of the Land Use Code specifies that any local street
right-of-way that is to be dedicated as part of a P.D.P. is to be included in the
gross residential acreage of the property, but if the local street right-of-way has
already been dedicated, the land within that local street right-of-way cannot be
included in the gross residential acreage of the site. In other words, if this site
were to have been the filing that dedicated the adjacent local streets, the gross
residential acreage of the property would have been 4.2 acres, but because the
adjacent local street right-of-ways have already been dedicated, the gross
residential acreage of the site is considered 3.24 acres. A gross residential
acreage of 4.2 acres for this site would yield a density of 9.5 units per gross acre.
Staff finds that the timing of street right-of-way dedication in reality has nothing to
do with physical layout of the property's density, therefore the standard for which
the modification is based on an exceptional physical condition unique to the
property which is not caused by the act or omission of the applicant.
(3) Supports goals of City Plan.
Page 69 of the City of Fort Collins Comprehensive Plan (City Plan) states,
"Growth within the city will be focused to promote a compact development
pattern. By directing urban development to well-defined areas at higher densities
growth can be accommodated without fostering urban sprawl." The granting of
this modification request will allow the actual number of units provided within the
area identified as Tract H of the O.D.P. to come closer to the maximum number
of units specified for Tract H than if the modification were not granted. Staff
finds that Tract H of the O.D.P. is an appropriate area to focus higher densities.
Rigden Farm, Parkside East, Project Development Plan, File #56-98H
November 16, 2000 Planning & Zoning Board Meeting
Page 4
B. Applicant's Justification for 3.5.3(B)(2)(b)
(1) Not detrimental to the public good. Because the setbacks of the buildings
that are located along the street maintain a uniform streetscape consistent
with the Land Use Code, it is not detrimental to the public good to allow a
nonresidential building located at the interior of the site to deviate from the
build -to line standard.
(2) Exceptional physical condition unique to the property. The unique
physical shape of this parcel makes following the build -to line requirements
for non-residential buildings, or the setback requirements for residential
buildings, impossible at this location on the site. While the clubhouse in this
location requires a modification to the build -to line standards, a residential
building on this location would require a modification to the requirement that
the entry be within 200 feet from a street sidewalk. The applicant also
contends that the continuity of the streetscape will be better served if only
residential units are located along the street rather than interrupting the
residential massing and character along the street by locating the clubhouse
there.
Please see the attached letter for additional points of justification by the applicant.
4. EVALUATION OF MODIFICATION REQUEST
A. Staffs Evaluation of 4.4(D)(1)(c)
(1) Not detrimental to the public good.
The proposed density is consistent with the densities specified in the Overall
Development Plan for Rigden Farm. This site is part of an area designated as
"Tract H" on the O.D.P. Tract H is 34.36 acres within the Rigden Farm
Development. The approved First Filing of Rigden Farm allowed 80 dwelling
units within a 27.79 acre portion of Tract H. There are now two undeveloped
parcels within Tract H: one is 3.33 acres, currently under development review by
a different applicant, and the other is the 3.24 acre site of this modification
request.
The O.D.P. specifies a range of the total number of dwelling units for Tract H of
150 to 200 units. There have already been 80 units approved, therefore the 6.57
acres of the two remaining undeveloped sites must have a minimum of 70, and a
maximum of 120 units. If this 3.24 acre site develops with the proposed 40
dwelling units, the remaining 3.3 acre site within Tract H will have a minimum of
Rigden Farm, Parkside East, Project Development Plan, File #56-98H
November 16, 2000 Planning & Zoning Board Meeting
Page 3
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, adopted policy, ordinance or resolution of the City Council, and the strict
application of such a standard would render the project practically infeasible;
or
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."
3. APPLICANT'S REQUEST
A. Applicant's Justification for 4.4(D)(1)(c)
(1) Not detrimental to the public good. The proposed density is consistent
with the ODP, therefore is not detrimental to the public good.
(2) Exceptional situation unique to property. The process by which gross
density is calculated in Section 3.8.18 of the LUC specifies that land
previously dedicated for public use cannot be included in the gross acreage of
a property. Because 0.96 acres of the site was dedicated as local and
collector street rights -of -way as part of the Rigden Farm, First Filing (Canby
Way, Des Moines Drive, and Rigden Parkway), the applicant argues that the
project site that would otherwise count as 4.2 gross acres in now only 3.24
gross acres. In other words, if this project was dedicating the adjacent streets
as part of the P.D.P., the gross acreage would be greater, and the request for
modification would be unnecessary.
(3) Supports goals of City Plan. Because a higher density at this location
promotes a more compact development pattern with higher density located in
a location that is well served by urban services and amenities, the
modification request would result in a substantial benefit to the city because
the proposed project would substantially address the important community
needs described in City Plan (see the attached justification from the applicant
for specific citations).
Rigden Farm, Parkside East, Project Development Plan, File #56-98H
November 16, 2000 Planning & Zoning Board Meeting
Page 2
COMMENTS
1. BACKGROUND
The surrounding zoning and land uses are as follows:
N: LMN — a portion of the First Filing of Rigden Farm Development (single family
under construction),
T — Cargil Research Farm, historic barn, farm land,
E: LMN — a portion of the First Filing Rigden Farm Development (single family under
construction),
S: LMN — a neighborhood center (under construction) including relocated Johnson
Farm structures, undeveloped phases of the Rigden Farm Development,
RL — existing Dakota Ridge and Stone Ridge Residential Developments,
W: LMN — Rigden Farm Second Filing (approved but not developed), and the
Rigden Farm Parkside West site (under review).
MMN & NC — undeveloped phases of the Rigden Farm Development.
The property is east of Rigden Parkway, north of Des Moines Drive, south of Canby
Drive, and was annexed into the City as part of the Timberline Annexation in November
of 1997.
2. MODIFICATION REQUEST
Division 2.8 MODIFICATION OF STANDARDS
As specified in the LUC 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:
"... granting of the modification would not be detrimental to the public good, and
that:
the plan as submitted will advance or protect the public interests and purposes
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
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
ITEM NO. 9
MEETING DATE 11/16/00
STAFF Troy Jones
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: MODIFICATION OF STANDARD, RIGDEN FARM, PARKSIDE
EAST P.D.P.- File #56-98H
[Type 2, Planning and Zoning Board Review]
OWNER: Parkside Homes
1501 Academy Court, Suite 203
Fort Collins, CO 80524
APPLICANT: Donald Leffler
Design Development Consultants
2627 Redwing Rd., Suite 350
Fort Collins, CO 80526
PROJECT DESCRIPTION:
This is a request for two modifications to the Land Use Code: (1) to increase the
maximum density permitted in the LMN zoning district from 12.0 to 12.34 dwelling units
per gross acre; and (2) to increase the allowable clubhouse building setback beyond
the15 foot maximum.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
The applicant is requesting a modification to following two sections of Land Use Code:
1) Section 4.4 Low Density Mixed -Use Neighborhood District, specifically
subsection 4.4(D)(1)(c) where it specifies, "the maximum density of any phase in a
multiple -phase development plan shall be twelve (12) dwelling units per gross acre
of residential land."
2) Section 3.5.3 Mixed -Use, Institutional and Commercial Buildings, (B)
Relationship of Buildings to Streets, Walkways and Parking, (2) Orientation to
Build -to Lines for Street front Buildings, specifically to subsection 3.5.3(B)(2)(b)
where it specifies, "buildings shall be located no more than fifteen (15) feet from the
right-of-way of an adjoining street if the street is smaller than a full arterial or has on -
street parking."
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT