HomeMy WebLinkAboutLIVING OAKS - PDP - PDP170009 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUEST141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827
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Modification of Standards Requests
Living Oaks at 221 E. Oak Street
Feburary 21, 2017
Project Description
This is a request for five modifications concurrently with a Project Development Plan (PDP) for
221 E. Oak Street. All five modifications relate to the development standards in the
Neighborhood Conservation Buffer (N-C-B) district.
The concurrent submittal for a PDP is a request to redevelop an existing, vacant lot into four (4)
Net Zero Energy condominium/townhomes of 2,300 SF each, or 9,200 GSF total. The building
is three stories with photovoltaics on the of the roof.
Context
The lot at the north east corner Oak and Mathews is non-conforming as it is less than 5,000 SF
(92’ x 50’ yielding 4,600 SF). There is no alley access. The site is vacant, having been formerly
an auto garage some 40 years ago. There are 3 orphan fuel tanks buried on the site that will
have to be removed.
The Public Good
The lot is an eyesore crying for development. The site is compromised because of its small size
and lack of alley access. It has sat vacant for +8 years. This new proposed living building will
add value to neighboring properties including the open space of Library Park. Upon
completion, as a part of the educational requirement for certification with the Living Building
Challenge, it will have an open house educating the public of the viability and desirability of
the City of Fort Collins’s sustainability goals.
Land Use Code Standards Relating to the Five Modification Requests
Modification 1 - 4.9(D)(1) Density
Modification 2 - 4.9(D)(5) Allowable Floor Area on Rear Half of Lots.
Modification 3 - 4.9(D)(6)(b) Dimensional Standards. Minimum front yard setback.
Modification 4 - 4.9(D)(6)(c) Dimensional Standards. Minimum rear yard setback.
Modification 5- 4.9(D)(6)(d) Dimensional Standards. Minimum side yard width.
141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827
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Land Use Code Modification Criteria
Div. 2.8.2 (H)
Step 8 (Standards): Applicable, and 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 that:
(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; or
(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; or
(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; or
(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.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific findings
showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (1),(2), (3) or
(4).
Modification Criteria and Support Findings
Modification 1-LUC 4.9(D)(1) Density
Standard:
(1) Density . Minimum lot area shall be equivalent to the total floor area of the building(s), but not
less than five thousand (5,000) square feet. For the purposes of calculating density, "total floor
area" shall mean the total gross floor area of all principal buildings as measured along the
outside walls of such buildings, including each finished or unfinished floor level, plus the total
gross floor area of the ground floor of any accessory building larger than one hundred twenty
(120) square feet, plus that portion of the floor area of any second story having a ceiling height of
at least seven and one-half (7½) feet located within any such accessory building located on the
lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating
density).
141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827
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Proposal:
The proposed total gross area for the building is 9,200 SF on a 4,600 SF lot, thus the proposed
building exceeds the standard by 4,600 SF. We are requesting a 2:1 FAR instead of the
standard of 1:1.
Justification:
We believe this increase in density is reasonable for the N-C-B zone which is intended as a
transitional zone between the more dense Downtown district zone and the surrounding
residential zones. In addition, there is recent precedence for this increased residential density
in the N-C-B zone at the south end of the block at The Townhomes at Library Park which was
granted the modification by individual townhome of 2.34-3.64:1 FAR. The modification of this
standard would not be detrimental to the public good in any way.
Modification 2-LUC 4.9(D)(5) Rear Half of Lots
Standard:
(5) Allowable Floor Area on Rear Half of Lots. The allowable floor area on the rear half of a lot shall
not exceed thirty-three (33) percent of the area of the rear fifty (50) percent of the lot.
Proposal:
We propose to build 2,838 SF on the rear half of the lot although the standard only allows 759
SF with 1:1 density.
Justification:
The site is not economically developable to the level equal to the value of land in this district
with this and the (1) Density and the other (6) Dimensional standards as the following diagram
shows. The proposed building is pushed to zero lot line on the north (front) half of the lot for
two reasons: Sun access for the photovoltaic panels and maintaining an urban street edge
(discussed further in this document). Therefore, the square footage proposed in the rear half of
the lot is only 31% of the total proposed 9,200 SF building. (2,838/9,200 = .308)
141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827
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The Applicant believes the Modification proposed meets the standard equally well or better
given the surrounding context.
Modification 3 - 4.9(D)(6)(b) Dimensional Standards. Min. front yard setback.
Standard:
(b) Minimum front yard setback shall be fifteen (15) feet.
Proposal:
The proposed Oak Street facing front of building is at zero lot line setback except for entrances
into the units which are 5’-6” back from property line.
Justification:
The building faces Oak Street which has zero lot line directly west of the alley, as well as across
the street in the Downtown district. Therefore, to have a consistent urban condition along
both sides of Oak would meet the standard equally well or better in this context.
141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827
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Modification 4 - 4.9(D)(6)(c) Dimensional Standards. Minimum rear yard setback.
Standard:
(c) Minimum rear yard setback shall be five (5) feet from existing alley and fifteen (15) feet in all other
conditions.
Proposal:
The majority of the proposed building is set back fifteen (15) feet from the rear property line.
The first floor is twenty (20) feet, the second floor is fifteen (15) feet (excluding balconies), and
the third is ten (10) feet.
Justification:
Because this lot is under 5,000 SF and on a corner, getting a footprint to work within the
existing LUC for N-C-B zone is a challenge, especially for a Net Zero Energy building. Floors
one and two of the building comply with the standard, but the third floor is 66% over the
required fifteen (15) feet for two reasons: to house photovoltaics on the roof and to maximize
the efficiency of the unit. The Applicant believes the Modification proposed affects the
standard in a nominal and inconsequential way.
Modification 5 - 4.9(D)(6)(d) Dimensional Standards. Min. side yard width.
Standard:
(d) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of
a wall or building exceeds eighteen (18) feet in height, such portion of the wall or building shall be set
back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each
two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height.
Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot.
Proposal:
We propose to modify the corner side (east) yard setback to have a zero lot line setback at
Mathews Street, and to modify the incremental setback required at eighteen (18) feet for both
the interior side and the corner side face. The west side of the building complies with the
standard for the setback of five (5) feet at the interior side yard.
Justification:
The N-C-B district is a transition district and that being, this lot, on the edge of the Downtown
district, more closely resembles the urban scale and setbacks of that zone. The building is
proposed at zero lot line at the Mathews Street (as well as Oak Street; see previous
Modification 3) so as to anchor the corner. In this way, the proposed building is contextual
141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827
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with both the south end of this block, the Townhomes at Library Park, and the north corner of
the next block, the MAVD. (The corner directly across is a future redevelopment site and one
would assume it would also request zero lot line.)
In addition, from an urban design perspective, establishing the block face and framing the
open space of Library Park boosts the intrinsic value for pedestrians. See diagrams that follow.
For the second part of this standard, our justification for not setting back the façade on the
sides at increments above 18’ is related to the scale and the massing of the Downtown zone.
Like many of the urban store front buildings in Downtown, the proposed project is a simply
articulated form to meet the constraints of the small site. Being a block away from the
Downtown zone, we believe this is a contextual response to have an unfettered, vertical block
face and is the future of development of this area.
Our proposal is also rooted in necessity; a Net Zero Energy building requires a very efficient
envelope that has restrained articulation to minimize the potential for air leakage. However,
the project has six (6) inch deep window openings and balcony railings to create contrast, as
well as visually transparent, pedestrian friendly street façade. The building skin is also visually
compelling and composed of a high quality terracotta material similar to modern brick.
The Applicant believes this modification would meet the standard equally well or better in this
context and would not be detrimental to the public good in any way.
141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827
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141 South College Avenue, Suite 102, Fort Collins CO 80524 ph. 970.482.1827
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