HomeMy WebLinkAboutEAST OAK TOWNHOMES - PDP230018 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUEST**
This site is a unique property that spans two (2) zone
districts, Downtown (D) and Neighborhood Conservation
Buffer (NCB). Many of the modifications are necessary to
create a cohesive project that fits within the context of the
neighborhood.
STANDARDS FOR JUSTIFICATION OF MODIFICATION:
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.
EXISTING SITE AND ZONING
Down-
town NCB
Modification Requests
EAST OAK TOWNHOMES
MODIFICATION REQUEST #1
LUC SECTION 4.9(D)(6)(a)
Minimum lot width shall be forty (40) feet for each single-family and two-family dwelling.
MODIFICATION REQUESTED:
Minimum lot width shall be fifteen (15) feet.
MODIFICATION JUSTIFICATION:
The plan as submitted would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an
existing, defined and described problem of city-wide concern and will continue to advance the purposes of the Land Use
Code as contained in Section 1.2.2.
The City staff and City Council have been working diligently over the past couple of years to find ways to provide more
housing units in the City to help bring down costs and to alleviate a current housing shortage within the City. The Housing
Strategic Plan and well as multiple attempts to update the Land Use Code have been working to address this issue.
Saunders’ Construction (General Contractor for the project) is not able to build condominiums due to insurance carriers
that are unwilling to insure a project of that type because of the Colorado Construction Defect Action Reform Act.
If the required forty (40) feet width lot were provided the site would only net 6 dwelling units, with the proposed plan
fifteen (15) lots are provided. There is a need for additional housing units within the City, the reduced lot width allows for
more units to be put on the property to help fill the housing shortage the City is experiencing.
MODIFICATION REQUEST #2
LUC SECTION 4.9(D)(6)(b)
Minimum front yard setback shall be fifteen (15) feet.
MODIFICATION REQUESTED:
Minimum front yard setback shall be six (6) inches.
MODIFICATION JUSTIFICATION:
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 and will continue
to advance the purposes of the Land Use Code as contained in Section 1.2.2.
The current Place of Worship building has a 0 foot setback, the proposed plan would not significantly change the existing
street frontage.
80% of buildings along Matthews have a zero lot line, the majority of these buildings have all been constructed within the
last 8 years. This urban edge is maintained from Mountain to Olive Street.
Library Park Townhomes (NW corner of Matthews & Olive)L’Avenir (SW corner of Matthews & Oak)Elevations Bank (SW corner of Matthews & Mountain)
Modification Requests
EAST OAK TOWNHOMES
MODIFICATION REQUEST #3
LUC SECTION 4.9(D)(6)(d)
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.
Building wall is 35’-0” on side property line which requires a 14’-0” setback.
MODIFICATION REQUESTED:
Minimum interior side yard setback shall be 9’-0”.
Minimum street side side yard shall be 0’-6”
MODIFICATION JUSTIFICATION:
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 and will continue
to advance the purposes of the Land Use Code as contained in Section 1.2.2.
Background:
The existing McIntyre House has a side yard property line setback of 1’-3” to 1’-7” when 5’-0” is required. Additionally, the
home is set back from the right-of-way 23’-5”, significantly more than the 15’-0” front yard setback that is typically seen
the NCB district and significantly further than the zero lot line that is seen along Matthews between Mountain and Olive
Street (see modification #2).
The existing Place of Worship building was built with a 5’-4” setback from the property line, creating a total separation
between the two buildings of approx 6’-6”. The existing Place of Worship building wall is approximately 26’-0’ high.
For purposes of this modification request the existing conditions is begin used as a real like example of the impacts of a
large continuous wall on the impacts of the McIntyre House and the home’s ability to be open to the surrounding area.
View of existing Place of Worship building along the side property line
Modification Requests
EAST OAK TOWNHOMES
EXISTING CONDITIONS
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McIntyre House
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(interior side yard
(street side side yard
Existing Place of Worship
The existing Place of Worship extend along the
entire length of the McIntyre House side (48’
long) and beyond.
Existing sideyard setback: 5’-4”
Existing (north) lot line length: 139’-10”
Percent of McIntyre House with building
adjacent: 100%
Deck
The existing Place of Worship
extend along the entire length
of the McIntyre House side (48’
long) and beyond
Upper level deck has
no views to south and
has sunlight blocked by
existing building
McIntyre windows
that have no view or
sunlight with existing
building wall.
3D model of existing conditions
48’
Modification Requests
EAST OAK TOWNHOMES
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0 5'10'10'20'N O R T H
PROPOSED PLAN
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McIntyre House
Views & sunlight
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(interior side yard
(street side side yard
Proposed interior sideyard setback: 9’-0”
Proposed street side side yard setback: 0’-6”
Existing (north) lot line length: 139’-10”
Percent of lot line with buildings adjacent to
each other: 15%
The proposed plan reduces the length of the
building along the McIntyre House to be only
a 21’ overlap, opening up 56% of the house to
southern sun exposure and views.
The proposed plan is better than a plan that
meets the setback requirement since it allows
for 56% of the McIntyre’s south facade to be
open to views into the courtyard and access to
sunlight.
A plan that meets the 14’-0” setback and
extends the length of the McIntyre House
blocks 100% of the views and much of sunlight
and is therefore less desirable than the
proposed plan and setback modification.
21’
Deck
McIntyre windows have view to sky and courtayrd as
well as access to sunlight with proposed plan and
setbacks
McIntyre deck that have view to south as well
as access to sunlight with proposed plan and
setbacks
Modification Requests
EAST OAK TOWNHOMES
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1 2 3 4 5 6
7 8 9 10 12 13 11116
NORTH ELEVATIONNORTH ELEVATION
WEST ELEVATIONWEST ELEVATION
9
1 TAN FIBER CEMENT PANEL SIDING
2 BROWN FIBER CEMENT PANEL SIDING
3 CHARCOAL BRICK W/ COMPLEMENTARY MORTAR
4 RED BRICK W/ COMPLEMENTARY MORTAR
MATERIALS MATERIALS
5 METAL WALL PANEL (CHARCOAL)
6 METAL ROOF PANEL (CHARCOAL)
7 PAINTED STEEL RAILING (CHARCOAL)
8 CHARCOAL GREY SHADOW BOX PROTRUDES 2" FROM FIN-
ISH WALL SURFACE, TYP FOR WINDOWS IN FIBER CEMENT
9 DARK GRAY WINDOWS & DOORS, 4" FRAME INSET
10 30" DEEP BALCONY CANTILEVERED OVER RIGHT-OF-WAY
(REVOCABLE ENCROACHMENT PERMIT REQUIRED)
11 DARK GRAY PAINTED STEEL PLATE SIDING
12 WEATHERING PLATE STEEL
13 PERFORATED WEATHERING PLATE STEEL
14 PAINTED STEEL GATE (CHARCOAL)
15 PAINTED FLASHING TO MATCH ADJACENT SIDING
16 FUTURE SOLAR ARRAY
17 BROWN FIBER CEMENT REVEAL
3 911
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1111192
1
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14
LEVEL 3 22’-0"
T.O.P. 35’-0"
LEVEL 2 11’-0"
LEVEL 1 0’-0"
T.O.R. 48’-0"
T.O.R. 41’-0"
T.O.P. 35’-0"
LEVEL 3 22’-0"
LEVEL 2 11’-0"
LEVEL 1 0’-0"
5
2
11
9
LEVEL 2 11’-0"
LEVEL 1 0’-0"
T.O.P. 24’-0"
T.O.R. 48’-0"
T.O.P. 35’-0"
LEVEL 3 22’-0"
LEVEL 2 11’-0"
LEVEL 1 0’-0"
18 INSULATED ALUMINUM GARAGE DOORS (GRAY)
183117719
5 929 78
8 7
2981410 0'8'16'32'
DDNCB
DDNCB
OVERALL 134' - 9"
OVERALL 128' - 8"
EAST OAKEAST OAK TOWNHOMES • FORT COLLINS, COLORADO TOWNHOMES • FORT COLLINS, COLORADO PROJECT DEVELOPMENT PLAN 12.20.23
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4th Story
4th Story Area of
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NCB ZONE DISTRICTDOWNTOWN
ZONE DISTRICT
DOWNTOWN
ZONE DISTRICT
MODIFICATION REQUEST #4
LUC SECTION 4.9(D)(6)(e) and 4.9(E)(1)(b)(1)
Maximum building height shall be three (3) stories
MODIFICATION REQUESTED:
Maximum building height shall be four (4) stories.
MODIFICATION JUSTIFICATION:
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 west side of the building has ~99’-1” within the Downtown zone district and ~29’-1” within the NCB district. Two of
the four 4th story portions of the building are in the Downtown with a nominal one being within the NCB district.
experience given the residential use along this frontage.
Modification Requests
EAST OAK TOWNHOMES
MODIFICATION REQUEST #6
LUC SECTION 3.10.1(A)
These standards apply to applications for development within the boundary of the TOD Overlay Zone. (Transit-Oriented
Development (TOD) Overlay Zone)
MODIFICATION REQUESTED:
The eastern portion of the property that is not in the TOD be included in the TOD boundary for purposes of calculating
parking requirements.
MODIFICATION JUSTIFICATION:
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 and 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 two zone districts within this parcel create a incongruent way to analyze the parking requirements. The intent of the
TOD is to modify the underlying zone districts south of Prospect Road to encourage land uses, densities and design that
enhance and support transit stations along the Mason Corridor. These provisions allow for a mix of goods and services
within convenient walking distance of transit stations.
The portion of the site that is not within the TOD is approximately ninety (90) feet in length, a distance that makes this
both equally well and also nominal and inconsequential when considered in the context of the neighborhood.
MODIFICATION REQUEST #5
LUC SECTION 4.16(B)(1)
6’ sidewalk if detached, Min. 5’ back of walk to building
MODIFICATION REQUESTED:
5’ sidewalk (to match east frontage of Oak St), 3’-6” back of walk to building
MODIFICATION JUSTIFICATION:
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 portion of frontage along East oak Street that is within the Downtown Zone District with the Mixed Use Frontage
is approximately 1/3 of the sidewalk length. The largest portion of sidewalk (in the NCB zone) is being upgraded to the
required 5’ width per LCUASS standards. Transitioning from the new 5’ sidewalk in the NCB to the existing 5’ sidewalk on
the west side of the alley with a 6’ walk width would be awkward and not contribute to any significant pedestrian
Modification Requests
EAST OAK TOWNHOMES
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NCB ZONE DISTRICTDOWNTOWN
ZONE DISTRICT
Modification area
50’-6”93’-8”
East Oak Street
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New 5’ sidewalkExisting 5’ sidewalk
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