HomeMy WebLinkAboutTIMBER LARK SINGLE-FAMILY DEVELOPMENT - PDP210015 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUEST (2)
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RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521
July 14, 2021
Timber Lark Residential
Modification Request
Land Use Code Article 3.2.3(C)
Land Use Code Citation
Per Land Use Code Article 3.2.3:
(C) Solar-Oriented Residential Lots. At least sixty-five (65) percent of the lots less than fifteen
thousand (15,000) square feet in area in single- and two-family residential developments must
conform to the definition of a "solar-oriented lot" in order to preserve the potential for solar
energy usage.
Solar-Oriented Lot Definition
Solar-oriented lot shall mean:
1. A lot with a front lot line oriented to within thirty (30) degrees of a true east -west line. When
the lot line abutting a street is curved, the "front lot line" shall mean the chord or straight
line connecting the ends of the curve. For a flag lot, the "front lot line" shall mean the lot line
that is most parallel to the closest street, excluding the "pole portion of the flag lot"; or
2. A lot which, when a straight line is drawn from a point midway between the side lot lines at
the required front yard setback to a point midway between the side lot lines at the required
rear yard setback, is oriented to within thirty (30) degrees of true north along said l ine; or
3. A corner lot with a south lot line oriented to within thirty (30) degrees of a true east -west
line, which south lot line adjoins a public street or permanently reserved open space;
provided, however, that the abutting street right-of-way or open space has a minimum
north-south dimension of at least fifty (50) feet. For the purposes of this definition,
"permanently reserved open space" shall include, without limitation, parks, cemeteries, golf
courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation
ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for
neighborhood use and other like and similar permanent open space.
Requested Modification
The Timber Lark Project Development Plan (PDP) pro poses to develop a 35.17-acre vacant parcel
as a residential community in South Fort Collins. The project is currently working toward annexation
into the City of Fort Collins and is anticipated to be zoned as a Low Density Mixed -Use (LMN)
district.
MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES.
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RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521
Per Land Use Code Article 3.2.3(C), at least 65% of single- and two-family residential lots less than
15,000 square feet must conform to the definition of a solar -oriented lot. In this development, there
are 149 single- and two-family lots, of which 71, or 48%, are designated as solar-oriented lots.
Justification
Land Use Code Article 2.8.1(H) 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; 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 th e
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, inconsequentia l 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 a reduction from 65% to 48% of solar-oriented lots will not be detrimental to the public
good. The architecture of the single-family detached and two-family dwellings incorporates varied roof
orientations which would allow the ability for solar-energy systems to be installed on any unit within the
development, thereby promoting the intent of the Land Use Code to encourage the use of solar
energy to heat homes. In addition, we find that criteria #3 has been met with this proposal, as
illustrated below.
Criteria #3 states that physical conditions such as exceptional narrowness would result in undue
hardship on the owner of such property. The north to south dimension of the property is approximately
MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES.
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RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521
695 linear feet. There is also a 15-foot drainage easement which runs along the northern property
boundary. In order to orient at least 65% of the lots so that they front onto an east -to-west street, the
site would need to be redesigned to include a third east-to-west street, rather than the two currently
shown on the plan. With each of these streets requiring a 53’ R.O.W., this would result in single-family
lots with a maximum depth of about 86 feet, rather than the 105’ lot depth currently provided.
Reducing the lot depths by almost 20 feet would drastically reduce the privacy and available space for
future homeowners to enjoy their backyards.
Additionally, the reduced lot depths would result in a reduction of solar gain at the back of the house
since the houses would be placed much closer tog ether. For the largest single-family detached
footprint, this would result in a dimension of just 13’ from the building wall to the property line, versus
32’ provided with the current lot configuration. During the winter months when the sun is low in the
sky, it is anticipated that the current lot configuration will provide much greater opportunity for solar
gain due to the separation provided between structures.