HomeMy WebLinkAboutRIVER MODERN - PDP - PDP150005 - REPORTS - MODIFICATION REQUEST (6)Request for Modification of Standard — 3.6.2(N)(1)(c) — Detached Sidewalks and On -Street Parking
River Modern
May 21, 2015
continues to advance the purposes of the Land Use Code (the following are alternative bases for a
modification of standards).
LUC Sec. 2.8.2(H)(1) — Promotion of purpose of the standard. The overall purpose of the street
standards is to ensure that the various components of the transportation network are designed and
implemented in a manner that promotes the health, safety and welfare of the City. The purpose of
a street like private drive is to provide access to property within the development. It is the
Applicant's position that the change from a detached sidewalk to an attached sidewalk for a
relatively short distance does not negatively impact the transportation network to the detriment of
the public, access is not impaired, and the requested modification promotes the standard equally
well, especially since none of the buildings adjacent to this segment of Cherokee Drive have
garages/driveways on Cherokee Drive, and thus there will be no exiting onto Cherokee Drive from
driveways in this stretch, which reduces safety concerns sometimes associated with an attached
sidewalk.
LUC Sec. 2.8.2(H)(4) — Nominal and inconsequential divergence from the standard. The modification
requested is a nominal and inconsequential change when considered from the perspective of the
entire development plan, which has detached sidewalks throughout, two other direct sidewalk
connections to Stuart Street, sidewalk connections to the Spring Creek Trail and to an adjacent
neighborhood, and sufficient parking for all uses within the project. In fact, the 82 foot segment of
attached (vs. detached) sidewalk constitutes only 9% of all sidewalks within the project.
For all of the reasons cited above, the Applicant requests a modification of the standard in LUC Sec.
3.6.2(N)(1)(c) to allow (i) the installation of an 4attached sidewalk along a portion of the street -like
private drive, Cherokee Drive, internal to the project, instead of a detached sidewalk; and (ii) no on -
street parking.
Request for Modification of Standard — 3.6.2(N)(1)(c) — Detached Sidewalks and On -Street Parking
River Modern
May 21, 2015
Land Use Code standard:
This narrative requests that the decision maker approve a modification to the Land Use Code ("LUC")
standard that requires detached sidewalks on both sides of a street -like private drive and on -street
parking. The LUC provision is Sec. 3.6.2(N)(1)(c) , which reads as follows:
Street -like private drives shall be designed to include travel lanes, on -street parking,
tree -lined border(s), detached sidewalk(s) and crosswalks.
Explanation of need for modification of standard:
Specifically, the Applicant requests that the standard be modified to allow the street -like private drive,
Cherokee Drive, to have an attached (vs. detached) sidewalk on the east side from its intersection with
Stuart Street and extending approximately 82 feet north along the east side of Cherokee Drive , at the
same width as required by the LUC. In addition, the Applicant requests that on -street parking not be
required for this same 82 foot length of Cherokee Drive.
The sidewalk on the east side of the south 82 feet of Cherokee Drive is proposed to be attached instead
of detached, so that the existing garage on the child care center lot can be retained for use by the center
as a future classroom space. Installing a detached sidewalk in this location would require demolition of
the garage and would reduce the size of the front play yard of the center.
Finally, due to site distance constraints and potential traffic/parking conflicts at the entry to the
development, the Applicant requests that it not be required to provide on -street parking on the south
segment of Cherokee Drive (abutting Lot 4 and Lot 31). Sufficient parking for all residential units in the
development will be provided on the private drives and individual lots, and sufficient parking for the
child care center is provided in the rear of the building. The Land Use Code requires 2 parking spaces for
each 3 bedroom dwelling unit (30 x 2 = 60 total), and the proposed plan provides a total of 81 parking
spaces for the residential dwellings, 21 more parking spaces than are required by the LUC. The
additional parking is well dispersed, convenient for residents and visitors, and reduces the possibility of
off -site parking.
Eliminating on -street parking on this portion of Cherokee Drive also narrows the overall width of the
street, which allows a greater setback between the proposed development and existing property
owner's home adjacent to the southwest corner of the site.
Justification for modification:
Changing a short section of the sidewalk along Cherokee Drive from detached to attached, but at the
same width as required by the LUC, will not be detrimental to the public good. The project will continue
to provide adequate, safe and direct access to Stuart Street, the Spring Creek Trail, residential dwellings,
and the on -site child care center. In addition the project plan with the modification requested will
promote the purpose of the standard equally well or better than a plan that would comply with the
standard, and the plan with the modification does not diverge from the standard except in a nominal
and inconsequential way when considered from the perspective of the entire development and