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.