HomeMy WebLinkAboutTHE LANDING AT LEMAY MULTIFAMILY AND MIXED-USE - PDP230004 - SUBMITTAL DOCUMENTS - ROUND 3 - MODIFICATION REQUEST
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The Landing at Lemay PDP
Modification Request – 3.8.30 (B) Mix of Housing Types
July 19, 2023
Land Use Code
3.8.30 (B) Multi-Family and Single Family Attached Dwelling Standards
(B) Mix of Housing Types. A complete range of the permitted housing types is encouraged in a neighborhood
and within any individual development plan, to the extent reasonably feasible, depending on the size of the
parcel. The following minimum standards are intended to promote such variety:
(1) A minimum of two (2) housing types shall be required on any development parcel sixteen (16)
acres or larger, including parcels that are part of a phased development. A minimum of three (3) housing
types shall be required on any development parcels thirty (30) acres or larger.
(2) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous
streetscapes. For example, larger housing types on larger lots are encouraged on corners. Smaller lots
abutting common open spaces are encouraged.
(3) The following list of housing types shall be used to satisfy this requirement:
(a) Small lot single-family detached dwellings on lots containing less than six thousand
(6,000) square feet.
(b) Two-family dwellings.
(c) Single-family attached dwellings.
(d) Mixed-use dwelling units.
(e) Group homes.
(f) Multi-family dwellings containing three (3) to four (4) units per building.
(g) Multi-family dwellings containing five (5) to seven (7) units per building.
(h) Multi-family dwellings containing more than seven (7) units per building.
Reason for the Request
The Landing at Lemay Project Development Plan (PDP) is a multi-family residential project that
emphasizes cohesive community connections, shared amenities, and vibrant design. The proposed site
plan creates a neighborhood that provides the public with two housing options types;
1. Multi family dwellings containing more than 7 dwelling units
2. Single Family cottages
The reason for this modification request is that being over 16 acres, the project is required two different
housing types. The single family cottages are not on their own lots and therefore do not meet the exact
metric laid out in criteria (a) above as a housing type
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(a) Small lot single-family detached dwellings on lots containing less than six thousand (6,000)
square feet
The applicant and the staff have agreed that creating separate lots for the individual single family units does
not serve a purpose and that providing the single family units as presented is not detrimental to the public
good, the proposed plan promotes the general purpose of the standard equally well or better than a plan
which meets the standard. And is nominal and inconsequential
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; 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.
The modification for the Cottages satisfying the second housing type are
· Not detrimental to the Public Good:
· Promotes 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.
· 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
MINIMAL RISK. PAINLESS PROCESS. BEAUTIFUL SPACES.
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RIPLEY DESIGN, INC. | 419 Canyon Avenue, Suite 200 | Fort Collins, CO 80521
The purpose section of 3.8.30 states “These standards are intended to promote variety in building form and
product, visual interest, access to parks, pedestrian-oriented streets and compatibility with surrounding
neighborhoods.”
The single family cottages meet the above purpose and the standards of a small lot single family residence in all
aspects other than having defined lot lines with each lot being under 6,000 s.f. From a public perspective, the
cottages will be the same aesthetic with or without the lot lines causing no detriment to the public good.
The placement of the cottages along Lemay would not differ if the cottages had lot lines associated with them.
Additionally, they promote the purpose of the code by providing variety in housing and complimenting the single
family neighborhood across Lemay. Their use in the site plan provides a compatible transition from single family to
multifamily.
Because the purpose of 3.8.30 is to promote building form and product variety along with promoting compatibility
with surrounding areas, the lack of lot lines for the single family cottage product is nominal and inconsequential
when considered against the purpose of the Land Use Code.