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HomeMy WebLinkAboutH 25 MULTI FAMILY - PDP200004 - SUBMITTAL DOCUMENTS - ROUND 3 - MODIFICATION REQUEST244 North College Ave, #130 I Fort Collins, CO 80524 www.norris-design.com September 30, 2020 City of Fort Collins Ms. Meaghan Overton, Senior City Planner 281 N College Avenue Fort Collins, Colorado 80524 Re: H-25 Multi-Family, PDP200004 - Modification of Standards Request Dear Meaghan, On behalf of the applicant, please consider this letter our formal Modification of Standards request from the following standard: Section 3.5.2(D)(1)Orientation to a Connecting Walkway . Every front facade with a primary entrance to a dwelling unit shall face the adjacent street to the extent reasonably feasible. Every front facade with a primary entrance to a dwelling unit shall face a connecting walkway with no primary entrance more than two hundred (200) feet from a street sidewalk. The following exceptions to this standard are permitted: And specifically, the following exception: (b) A primary entrance may be up to three hundred fifty (350) feet from a street sidewalk if the primary entrance faces and opens directly onto a connecting walkway that qualifies as a major walkway spine. This Modification of Standards request only applies to one building, shown as #3 on the accompanying PDP submittal documents. All other buildings within this community meet these standards, as applicable. Building #3 is located in the northeast corner of the site, fronting Harmony Road. A logical solution to meet this section of code would be to provide a direct connection to the Harmony Road sidewalk, but there are several constraints and public safety concerns that do not permit this connection to be made. As such, we are required to make this modification request. The following are reasons we are unable to make this connection:  There are two distinct easements that run parallel to Harmony Road and between our buildings and Harmony Road. They are an existing Water Line Easement and an Irrigation Ditch Easement both of which do preclude the project’s ability to put a sidewalk over them. We would need to procure an agreement with both entities to do such a crossing, with the irrigation ditch easement holder indicating they will not grant such a request. As discussed further herein, there are significant public safety and liability concerns directing access to and over an open irrigation ditch.  We strongly believe it is in the best interest of public safety and future residents of the community not to direct people and children to access and cross an open water filled ditch. To help ensure the public safety, have elected to construct a fence along the northern edge of the site, to specifically deter pedestrian traffic from coming into proximity of the open irrigation ditch.  Any walks/bridges, etc. developed in this area would have to be done within the existing floodplain and floodway, something that we have worked with the City to avoid to extent possible during this process. Our understanding is that the City Floodplain Department does not want work completed within the floodplain 244 North College Ave, #130 I Fort Collins, CO 80524 www.norris-design.com area, and the development of a connection in the area would necessitate fill and grading work that this department would not like to have occur. In lieu of providing this direct connection we are providing alternative solutions to address this deficiency; including:  The development of a landscaped walkway spine between our community and Harmony Road that leads to the public sidewalk in a safe manner at the intersection of Strauss Cabin Road and Harmony Road. This additional walkway spine was designed in conjunction with the City Staff to provide an acceptable alternative solution.  The inclusion of a split rail fence of the north side of this spine walkway to deter pedestrian traffic from accessing the open irrigation ditch area. This will serve to inhibit people from going near the open water ditch to keep pedestrian traffic safe. This fence is proposed to be a rustic, split rail fence that is consistent with the naturalistic language proposed along the Harmony Road Corridor.  A connection to our internal street-like private drive network and its associated detached walkway system is provided and is well within the 350’ limit noted within code. This Modification of Standards request is being made after exhausting other options to find a workable solution that meets the intent of the code. Per section 2.8.2(H) of the City of Fort Collins Land Use Code, the decision maker may grant a modification of standards if the medication would not be detrimental to the public good and that any of the following conditions are met: 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 Response: As noted above, while not directly meeting the code due to constraints out of the Applicant’s control, the underlying intent of the code is being met, by providing equal and better alternative solutions that provide for ample connectivity in a safe and effective manner for users. It is also worth noting that the section of code includes the caveat of “extent reasonably feasible” and we believe we have gone above and beyond to find a reasonably feasible solution, and as noted this only applies to a single building within a greater community, where the other buildings meet this standard, as applicable. 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 Response: We view the safety of the public and future residents of this project as a community and City concern. The alternative solution that has been developed with the City Planning Department appropriately addresses the safety issues that would be created by strict adherence to the Land Use Code. 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 -provided that such difficulties or hardship are not caused by the act or omission of the applicant; or 244 North College Ave, #130 I Fort Collins, CO 80524 www.norris-design.com Response: As noted previously, this area of the project is hindered by physical conditions not caused or controlled by the applicant, which include the existence of an open water irrigation ditch and the floodplain/floodway area. These physical conditions are unique to this property and inhibit the applicant’s ability to conform with this section of the Land Use Code. The Applicant has worked diligently with Staff to ensure that this project meets the intent of all the applicable code in a safe and effective manner. The applicant has worked extensively to develop alternative solutions that work to meet the overall spirt and intent of the code section. 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. Response: As noted several times within this document, this Modification from Standards request only requests relief from one standard for one building that impacts only ~8% of the total residents of the community. Overall, the rest of the entirety of the project meets or exceeds all applicable sections of the City of Fort Collins Land Use Code. To minimize any impacts (real or perceived) steps have been made to mitigate the effects of this modification that we believe are in line with and follow the intent of the code section. This code section was likely developed to ensure that residential structures were not buried in the back of project away from roads and pedestrian connectivity, this is obviously not the case in this instance and the project provides significant pedestrian connectivity in its internal walkway system, While taking into account the safety concerns presented by the physical conditions, the alternative solutions for pedestrian connectivity are nominal and inconsequential. Finally, the provision also requires that it not be detrimental to the public good. As demonstrated within this letter this request will not be detrimental to the public good, and in fact is highly beneficial for the public good creating a safer condition for the public. Several alternative access and connection opportunities are provided for and the applicant’s solution eliminates the safety risk of directing access to and crossing of an open irrigation ditch. This request is not precedent setting and is only responding to constraints presented by the challenges presented by the site. We appreciate your review and careful consideration of this request. Please feel free to reach out if you have any questions by phone, 970-409-3414 or by email, rmcbreen@norris-design.com. Sincerely, Norris Design Ryan F. McBreen Principal BLDG WALK 3' HT BERM MEANDERING WALK 80'-0" SETBACK +/- 19' 8'-0" +/- 28' 20'-0" EASEMENT DITCH CL +/- 11' 3' HT SPLIT RAIL FENCE PROPERTY LINE 20'-0" EASEMENT BLDG 1 BLDG 2 BLDG 3 CAR CARE TRASH ENCLOSURE SECTION PLAN H25 MULTI FAMILY - MODIFICATION REQUEST 09-30-2020 PROPOSED FENCING STYLE SPLIT RAIL FENCE PROPERTY ACCESS TO BOUNDARY HARMONY ROAD SIDEWALK, TYP. EAST HARMONY ROAD STRAUSS CABIN ROAD POUDRE RIVER 100 YEAR FLOODWAY ACCESS TO STREET-LIKE PRIVATE DRIVE SECTION