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HomeMy WebLinkAboutFOX GROVE - PDP - PDP130029 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTland planning  landscape architecture  urban design  entitlement Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com September 4, 2013 Modification Request DIVISION 3.9 DEVELOPMENT STANDARDS FOR THE I-25 CORRIDOR (2) Location of Single-Family Residential Lots From I-25 (A) Development of new single-family residential lots within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of the centerline of Interstate Highway 25 (I- 25) shall be prohibited. Reason for the Request The Fox Grove Project is located south of Mulberry Street and east of Interstate 25. The entire site is within one half mile of the Interstate 25 center line. Sunflower subdivision borders the property to the north, Clydesdale subdivision borders the property to the east and northeast, Boxelder Creek borders the property to the west and the property to the south is undeveloped. The site is within the LMN Zone District and requires four housing types. Singe family detached and two-family dwellings are planned for phase one and it is anticipated that single family attached and multi-family homes will be planned for phase two. Market demands are driving a need for single family homes and therefore the developer would like to provide as many single family homes in phase one as possible. The need for a transition between the interstate and single family homes is understood and will be provided. The modification request is for an encroachment into this required distance by seven (7) single family homes. This site is unique in that Boxelder Creek runs along the western boundary and provides a buffer to the Interstate. Large existing trees line the edges and further enhancement of this area will occur when development comes within 500 feet of the creek. At the neighborhood meeting on May 22, 2013 the neighbors were shown a site plan which complies with the quarter mile setback. There were concerns over the amount of open space and high density. As a compromise, the submitted phase one Project Development Plan maintains the minimum 4.0 Dwelling Units per Acre while providing Waterfield ODP Modification Request – Housing Types Page 2 of 3 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com additional open space closer to the Clydesdale Subdivision. In order to preserve the quantity of single family homes as market demands, the lots which were removed from the east side of the project are proposed on the west side which encroaches into the quarter mile setback. In order to provide for market demand and neighborhood concerns without being a detriment to the public good, the Applicant is requesting to be allowed to encroach within the one thousand three hundred and twenty feet (1,320) of the centerline of Interstate Highway 25 with seven (7) single family homes. Justifications The Land Use Code states that the decision-maker may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good; and the decision-maker must also find that the Modification meets one of the following four criteria described in the LUC. (1) 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; We believe the Fox Grove Project Development Plan (PDP) will promote the general purpose of the standard which is to provide a buffer and transition zone from the interstate to single family homes equally well as a plan that would comply with the standard. This project will comply with the four (4) housing types required within the LMN Zone District and provide a transition in between the single family and the interstate. The applicant could provide multi-family housing up to the quarter mile distance however this would disregard any consideration for the comments received at the neighborhood meeting requesting lower density. Or we can provide a smaller multi- family transition and begin the single family homes sooner to create the lower density neighborhood character that the Clydesdale and Sunflower residents requested. (2) 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 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 or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; Not applicable. Waterfield ODP Modification Request – Housing Types Page 3 of 3 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com (3) 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; Not applicable. (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this 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. The request for an encroachment of single family homes into the quarter mile setback is inconsequential when considered from the perspective of the entire development plan which includes multi-family and the natural buffer of Boxelder Creek. This site is unique in that it already has a buffer from the interstate. Boxelder Creek acts as a desirable transition and buffer from the highway to single family residential.