HomeMy WebLinkAboutRIVER MODERN - PDP - PDP150005 - REPORTS - MODIFICATION REQUEST (5)Request for Modification - Section 3.5.2 (E)(2) — Residential Setback from Non Arterial Street
River Modern
Revised May 21, 2015
be using Cherokee Drive; its use primarily as a pedestrian way greatly reduces risk of potential
pedestrian/vehicle conflicts.
In addition, the project plan with the modification requested complies with two of the alternative bases
for a modification of standards in that it will promote the purpose of the standard equally well or better
than a plan that would comply with the standard, and that it does not diverge from the standard except
in a nominal and inconsequential way when considered from the perspective of the entire development
and continues to advance the purposes of the Land Use Code
LUC Sec. 2.8.2(H)(1) — Promotion of purpose of the standard. The project with the modified front
facade setbacks (alternating 9-foot and 10.5-foot) accomplishes the purposes of the standard
equally as well or better than a plan that would comply with the 15' setback requirement in that the
streetscape is pedestrian -oriented and, with alternating front fagade setback widths of 9 feet and
10.5 feet, the streetscape is more visually interesting. In addition, although not a modification
standard, the plan with the modification is better than a plan that would comply with the alternative
compliance requirements. Under alternative compliance, the units would each be required to have
one "readily accessible, functional and clearly defined private outdoor space (such as a patio,
courtyard or deck) with minimum dimensions of twelve (12) feet by eighteen (18) feet." With the
Applicant's modified plan, the units will have more options for private outdoor space in the form of
front yard and one or two decks which are accessible, functional and clearly defined private outdoor
spaces, and, in most cases, exceed the square footage of one 12x18 foot open space. .
LUC Sec. 2.8.2(H)(4) — Nominal and inconsequential divergence from the standard. Reducing the
setbacks of Units 5 —14 and Units 23 — 30 from Cherokee Drive is a nominal and inconsequential
change when considered from the perspective of the entire development plan. The reduced
setbacks only affect units internal to the project, while increased setbacks are provided from
neighboring properties both on the east and west boundaries of the project and a full 100-foot
natural buffer is provided on the north between the residences and Spring Creek. Finally, the plan
with the requested modification continues to advance the following purposes of the LUC:
innovative land development; quality design of new development; development of vacant
properties in established areas; sensitivity to existing neighborhoods and Spring Creek; and
encouraging variety in housing opportunities. In addition, because Cherokee Drive is not a public
street and vehicular traffic movements are anticipated to be minimal, the reduction in setback is
nominal and inconsequential.
For all of the reasons cited above, the Applicant requests a modification of the standard in LUC Sec.
3.5.2(E)(2) to allow reduced residential setbacks for Units 5 —14 and Units 23 — 30 from Cherokee Drive.
The Applicant proposes that the modification is not detrimental to the public good, promotes the
purposes of the standard at least as well as a plan that would comply with the 15-foot setback
requirement, and results in only a nominal and inconsequential divergence from the standard,
particularly considering the benefits to the neighboring property owners in mitigating their privacy and
parking concerns.
Request for Modification - Section 3.5.2 (E)(2) — Residential Setback from Non Arterial Street
River Modern
Revised May 21, 2015
Land Use Code standard:
This narrative requests that the decision maker approve a modification of the residential setbacks for
Units 5 —14 and Units 23 — 30, which setbacks are proposed to be less than the general 15' setback
distance set forth in Section 3.5.2 (E)(2) of the Fort Collins Land Use Code ("LUC"). Specifically, the
Applicant requests that the front facades of Units 5 —14 and Units 23 — 30 be allowed to be set back
either 9 feet (Units 6, 8, 10, 12, 14, 23, 25, 27 and 29) or 10.5 feet (Units 5, 7, 9, 11, 13, 24, 26, 28 and
30) from the back of the sidewalks along Cherokee Drive (a street like private drive). Please see the text
of Section 3.5.2 (E)(2) below:
3.5.2(E) Residential Building Setbacks, Lot Width and Size.
(2) Setback from Nonorterial Streets. The minimum setback of every residential building and of every
detached accessory building that is incidental to the residential building shall be fifteen (15) feet
from any public street right-of-way other than an arterial street right-of-way, except for those
buildings regulated by Section 3.8.30 of this Code, which buildings must comply with the setback
regulations set forth in Section 3.8.30. Setbacks from garage doors to the nearest portion of any
public sidewalk that intersects with the driveway shall be at least twenty (20) feet.
Explanation of need for modification:
The Applicant's original site plan, presented at the first neighborhood meeting provided 15-foot front
fa4ade setbacks for Units 5 — 14 and Units 23 — 30. After adjacent property owners to the east and west
of the project indicated concerns about potential privacy issues and the adequacy of on -site parking, the
site plan was revised to shift Units 5 —14 and Units 23 — 30 farther from the east and west property lines
and closer to Cherokee Drive in the center of the project. The shift in the location of the units resulted
in the units being either 4.5 feet or 6 feet farther from the adjacent neighbors and, although not
required by any LUC provision, it created sufficient additional driveway length on the rear of each unit to
accommodate two parked cars, thus reducing the possibility that overflow resident and visitor parking
would be off -site.
In addition, the design of these units was modified so that the tallest portion of each building was closer
to Cherokee Drive. Some taller contemporary looking single pitched roofs were changed to more
traditional double pitched roofs with a much lower peak. The height of some parapet walls were also
reduced to be no more than 3 feet above the corresponding floor level. This results in a tapering of the
building mass to a lower height on the building sides that are closer to the east and west edges of the
property.
Justification for modification:
Reducing the front fagade setbacks of Units 5 —14 and Units 23 — 30 from Cherokee Drive will not be
detrimental to the public good. The project will continue to provide adequate vehicular and pedestrian
circulation within the project, and will address potential concerns of neighboring property owners
regarding privacy and parking. In addition, since vehicular access to all of these units is to the rear -
facing garages accessed from a separate private drive that runs behind the units, very few vehicles will