HomeMy WebLinkAboutEAST OAK TOWNHOMES - PDP230018 - SUBMITTAL DOCUMENTS - ROUND 2 - 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
LUC
Section LUC Code Modification Requested Modification Justification
4.9(D)(5) 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.
The allowable floor area on
the rear half of a lot shall be
hundred (100) percent of
the area of the rear fifty (50)
percent of the lot.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 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.
4.9(D)(6)(a)Minimum lot width shall
be forty (40) feet for each
single-family and two-family
dwelling.
Minimum lot width shall be
fifteen (15) feet.
4.9(D)(6)(b)Minimum front yard setback
shall be fifteen (15) feet.
Minimum front yard setback
shall be six (6) inches.
4.9(D)(6)(c)Minimum rear yard setback
shall be five (5) feet from
existing alley and fifteen (15)
in all other conditions.
All lots shall have a 4”
setback.
MODIFICATION REQUEST #1 (LOT STANDARDS)
Justification Narrative
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. They are however, able
to build attached single family homes on individual lots
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.
The current Place of Worship building has a 0 foot setback, the proposed plan would not significantly change the existing street
frontage.
The 4” setback meets the standards against the alley when the 5’-0” tract is taken into account.
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.
Modification Requests
EAST OAK TOWNHOMES
MODIFICATION REQUEST #1 (LOT STANDARDS)
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
View of existing Place of Worship building along the side property line
LUC
Section LUC Code Modification
Requested Modification Justification
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).
Minimum interior
side yard setback
shall be 10’-0”.
Minimum street side
side yard setback
shall be 0’-6”
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.
MODIFICATION REQUEST #2 (SETBACKS AND WALL HEIGHT)
Justification Narrative
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.
Below are images of the current condition with the Place of Worship and the McIntyre House.
Modification Requests
EAST OAK TOWNHOMES
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0 5'10'10'20'N O R T H
Existing conditions
E OAK ST
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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
3D model of existing conditions
48’
MODIFICATION REQUEST #2 (SETBACKS AND WALL HEIGHT)
Proposed plan
E OAK ST
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McIntyre House
Views & sunlight
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(interior side yard
(street side side yard
Proposed interior sideyard setback: min. 10’-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
Modification Requests
EAST OAK TOWNHOMES
No views or sunlight in rear yard
Views, sunlight and trees
McIntyre House
McIntyre House
Alley
Alley
The 3D images below and on the following pages depict what would be allowed by the code requirements on the lot with the
side yard setback and the building wall height as well as what is being proposed.
MODIFICATION REQUEST #2 (SETBACKS AND WALL HEIGHT)
Allowed by Code
Proposed - Better Than
Modification Requests
EAST OAK TOWNHOMES
Views, sunlight and trees
McIntyre House
McIntyre House
Allowed by Code
Proposed - Better Than
MODIFICATION REQUEST #2 (SETBACKS AND WALL HEIGHT)
No views or sunlight in rear yard
Modification Requests
EAST OAK TOWNHOMES
WEST ELEVATIONWEST ELEVATION
EAST ELEVATIONEAST ELEVATION
LEVEL 2 11’-0"
LEVEL 1 0’-0"
T.O.P. 24’-0"
T.O.R. 44’-0"
T.O.P. 35’-0"
LEVEL 3 22’-0"
LEVEL 2 11’-0"
LEVEL 1 0’-0"
DDNCB
LEVEL 3 22’-0"
T.O.P. 35’-0"
LEVEL 2 11’-0"
LEVEL 1 0’-0"
EAST OAKEAST OAK TOWNHOMES • FORT COLLINS, COLORADO TOWNHOMES • FORT COLLINS, COLORADO PROJECT DEVELOPMENT PLAN 02.28.24
MODIFICATION REQUEST #2 (SETBACKS AND WALL HEIGHT)
Modification Requests
EAST OAK TOWNHOMES
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4th Story
4th Story
4th Story Area of
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NCB ZONE DISTRICTDOWNTOWN
ZONE DISTRICT
DOWNTOWN
ZONE DISTRICT
Justification Narrative
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.
When calculated per the roof area of the whole east building the stairwell enclosure is approx 8.5% (or an additional 215 sf) over
what is permitted on the east building. The nominal/inconsequential justification allows for the modification to be considered
from the perspective of the entire development plan. The enclosures are set back from the front facade to reduce their visual
impact.
LUC
Section LUC Code Modification
Requested Modification Justification
4.9(D)(6)(e)Maximum building height shall be
three (3) stories
Maximum building
height shall be four
(4) stories.
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.
4.9(E)(1)(b)
(1)
Maximum building height shall be
three (3) stories
Maximum building
height shall be four
(4) stories.
3.8.17(C)(3)Exemptions From Building Height
Regulations. The following structures
and features shall be exempt from
the height. elevator bulkheads and
stairway enclosures that cover no
more than five (5) percent of the
horizontal surface area of the roof.
stairwell enclosure
that cover no more
than eight and a half
(8.5) percent of the
horizontal surface
area of the roof.
MODIFICATION REQUEST #3 (BUILDING HEIGHT)
Modification Requests
EAST OAK TOWNHOMES
4th Story Area of Modification
MODIFICATION REQUEST #3 (BUILDING HEIGHT)
Modification Requests
EAST OAK TOWNHOMES
MODIFICATION REQUEST #4 (BUILDING DESIGN)
LUC Section LUC Code Modification
Requested Modification Justification
4.9(E)(1)(a)(4)A second floor shall not overhang
the lower front or side exterior walls
of a new or existing building.
A second floor shall
be permitted to
overhang 4” from
the lower front or
side exterior walls of
a new building.
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.
4.9(E)(1)(a)(7)The minimum pitch of the roof of any
building shall be 2:12
There shall be no
roof pitch
Justification Narrative
The building is designed so that major material transitions occur at massing shifts. Although a single plane from first to second
floors would be allowed by right in the land use code, a flush transition between the material below and the material above would
be less elegant and would cheapen the overall appearance of the building. The proposed four (4) inch overhang plane changes
from first floor to second floor have a positive impact on the aesthetics of the building and also allow the building to relate to the
McIntyre House (its historic neighbor) by the addition of similarly-sized covered porches. As a built example nearby, the L’Avenir
building across the street on the southwest corner of Mathews and Oak has a similar massing and plane-shifting technique.
Reducing the roof pitch allows for an occupied roofscape for all units and minimizes the visual impact of rooftop solar panels from
the street level below. All existing buildings save for one on the block (the McIntyre House) have flat roofs; the flat roof is a typical
condition for buildings this size in the downtown neighborhood as a whole.
Modification Requests
EAST OAK TOWNHOMES
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Justification Narrative
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NCB ZONE DISTRICTDOWNTOWN
ZONE DISTRICT
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MODIFICATION REQUEST #5 (SIDEWALK WIDTH)
LUC
Section LUC Code Modification
Requested Modification Justification
4.16(B)(1)Min. 6’ sidewalk if detached, Min. 5’
back of walk to building
5’ sidewalk to match
east frontage of Oak
St, 3’-6” back of walk
to building.
The plan as submitted will not diverge from the
standards of the Land Use Code that are authorized
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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.
Modification Requests
EAST OAK TOWNHOMES
Justification Narrative
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 #6 (TOD AND PARKING)
LUC
Section LUC Code Modification
Requested Modification Justification
3.10.1(A)These standards apply to
applications for development within
the boundary of the TOD Overlay
Zone,
The eastern portion
of the property that
is not in the TOD
be included in the
TOD boundary
for purposes of
calculating parking
requirements.
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.
3.2.2(K)(1)
(a)(1)
Multi-family dwellings and mixed-use
dwellings within the Transit-Oriented
Development (TOD) Overlay Zone
shall provide a minimum number
of parking spaces as shown in the
following table:
The eastern portion
of the project shall
utilize the parking
space requirements
as listed for TOD
TOD Overlay Map
Modification Requests
EAST OAK TOWNHOMES