HomeMy WebLinkAboutSANCTUARY ON THE GREEN - PDP190003 - SUBMITTAL DOCUMENTS - ROUND 3 - MODIFICATION REQUEST (3)land planning landscape architecture urban design entitlement
Thinking outside of the box for over two decades.
419 Canyon Ave. Suite 200 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662
www.ripleydesigninc.com
August 7, 2019
Modification Request
Sanctuary on the Green PDP
4.5.D.3 Neighborhood Center
(a) Access to Neighborhood Center. At least ninety (90) percent of the dwellings in all
development projects greater than forty (40) acres shall be located within three thousand nine
hundred sixty (3,960) feet (three-quarters [¾] mile) of either a neighborhood center contained
within the project, or an existing neighborhood center located in an adjacent development, or an
existing or planned Neighborhood Commercial District commercial project, which distance shall be
measured along street frontage, and without crossing an arterial street. Neighborhood centers
shall meet the requirements contained in subparagraphs (b) through (e) below.
Reason for the Request
All of the proposed houses are within three-quarters of a mile walking distance from an
existing neighborhood center. We are requesting a modification because the existing
neighborhood center is located across an arterial street (North Taft Hill Road) from the
proposed development.
The existing neighborhood center is located on the northeast corner of Laporte Avenue
and Taft Hill Road. It includes a convenience retail store with fuel sales, liquor store and
plant nursery. Approximately 800 feet east on LaPorte Avenue, is Salud Medical Center
which provides medical and dentistry services.
Commercial, restaurant, and retail uses require visibility from streets and high volume
intersections. The Sanctuary project is not located at the intersection of two arterial
streets and therefore does not have the visibility required for successful commercial
businesses. Rather than have empty, unleasable space, we are proposing an on-site
community center with a variety of uses. The neighborhood community center is open to
the public and will house a pizza kitchen, gallery, music studio, fitness center, café and
multi-use community gathering room. Surrounding the community center is a park
maintained by the home owners association. The center and surrounding property can
be used by the residents and the surrounding community for a variety of uses.
Neighborhood walking and biking trails lead to the center.
Justifications
Sanctuary on the Green PDP
Modification Request – LUC Section 4.5 (D) (3)(a)
August 7, 2019
Page 2 of 3
Thinking outside of the box for over two decades.
419 Canyon Ave. Suite 200 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662
www.ripleydesigninc.com
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;
Low Density Mixed-Use Neighborhood District (LMN) 4.5 (A) Purpose… “A neighborhood
center provides a focal point, and attractive walking and biking paths invite residents to
enjoy the center as well as the small neighborhood parks…”
Article 5.1.2: Neighborhood center shall mean a combination of at least two (2)
nonresidential uses and an outdoor space, which together provide a focal point and a
year-round meeting place for a Low Density Mixed-Use Neighborhood.
The plan as submitted promotes the general purpose of the standard equal to or better
than a plan which complies with the strict interpretation of the code. The Sanctuary on
the Green site not only is within the required distance from an existing neighborhood
center located across Taft Hill Road, it also provides a community center and park
within the project limits. The community center will be a focal point of the neighborhood
providing ample opportunity for passive and active recreation and social programs. A
planned outdoor courtyard adjacent to the building is easily accessed via the walking
and biking trails that meander through the neighborhood. The Sanctuary on the Green
community center has more than two nonresidential uses and an outdoor space for
year-round meeting and technically meets the definition of a neighborhood center,
although a small scale one.
(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;
The property boundary is oddly shaped and is partially hidden behind existing
homes. The site is significantly burdened by regional stormwater detention
conveyances and is bisected by the meandering New Mercer Ditch which results in
large non-developable floodplain areas and wildlife buffer corridors. The net
developable project area is 31.45 acres. At this size a neighborhood center would
not be required.
Sanctuary on the Green PDP
Modification Request – LUC Section 4.5 (D) (3)(a)
August 7, 2019
Page 3 of 3
Thinking outside of the box for over two decades.
419 Canyon Ave. Suite 200 Fort Collins, CO 80521 tel. 970.224.5828 fax 970.224.1662
www.ripleydesigninc.com
This site does not extend to the intersection of Laporte Avenue and Taft Hill Road
and is therefore not highly visible. The small strip of street frontage along North Taft
Hill Road is mostly encumbered by City floodway. We believe this restricted area with
low visibility is better suited for a community center and park rather than commercial
development.
The existing neighborhood center is located at the intersection of Laporte Avenue
and Taft Hill Road, two arterial streets with substantial traffic volumes. The stop lights
have pedestrian signals allowing for the safe movement of pedestrians from the
proposed development to the existing businesses.
(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 proposed plan will essentially have two neighborhood centers. One within the
site that we are calling the community center and one that is existing. The proposed
community center meets the definition of a neighborhood center except for possibly
the scale of uses provided. The off-site existing neighborhood center meets the
criteria except for being located across an arterial street. Therefore, this plan as
submitted does not diverge from the standards except in a nominal and
inconsequential way.
In addition, the gross site area is 41.34 acres. Neighborhood centers are required for
any project over 40.00 acres. When we calculate the net developable area by
removing the land dedicated to widen the arterial streets and protected land for
natural habitat buffer zones, the net developable project area is 31.45 acres well
below the 40-acre threshold.