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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 11/01/2001Chairperson Gavaldon called the meeting to order at 6:38 p.m. Roll Call: Bernth, Torgerson, Craig, Colton, Carpenter and Gavaldon. Member Meyer was absent. Staff Present: Gloss, Eckman, Shepard, Olt, Bracke, Wamhoff, Stringer, Schlueter, Alfers and Williams. Agenda Review: Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the October 6, 2001 Planning and Zoning Board Hearing. 2. Modification of Conditions of Final Approval 3. #29-01 Paradigm Properties Annexation and Zoning Discussion Agenda: 4. #18-99A Brookfield — Project Development Plan Member Craig pulled Item 2, Modification of Conditions of Final Approval. Member Colton moved for approval of consent items 1 and 3. Member Carpenter seconded the motion. The motion was approved 6-0. Project: Modifications of Conditions of Final Approval Project Description: Request to modify the condition of final PUD approval, which required that the development agreement, final plans and final plat be executed prior to the November 1, 2001 Planning and Zoning Board meeting. Recommendation: Approval Planning and Zoning Board Minutes November 1, 2001 Page 2 Member Craig moved to change the dates on the Modification of Conditions of Final PUD approval to the following: 1. Westbrooke PUD, 2"d Filing. to 1216/01 2. Mulberry Lemay Crossings, 2"d Filing to 12/6/01 3. Waterfield, 2"d Filing to 2/7102 Member Colton seconded the motion. The motion was approved 6-0. Project: Brookfield — Project Development Plan, #18-99A Project Description: Request for 298 dwelling units on 36.93 acres. The units will be divided between 250 multi -family and 48 single family attached dwelling units. The project includes a common area consisting of a pool, cabana and outdoor seating. The site is located one -quarter mile south of Harmony Road, west of Strauss Cabin Road and north of Rock Creek Drive. Cinquefoil Lane (extended) forms the western boundary. The parcel is zoned HC, Harmony Corridor. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Ted Shepard, Chief Planner gave the staff presentation -recommending approval of the proposed project. Planner Shepard offered a slide presentation, which includes an overall slide, the Amended Harmony Technology Park Overall Development Plan, which, this application is a part of and the overall site plan. Craig Kam, Director of Planning for Nutzer Kopatz Urban Design Associates and Planning Consultants for the Brookfield Development gave the staff presentation. Mr. Kam gave a slide presentation. He reviewed the current Overall Development Plan of the Harmony Technology Park. Mr. Kam reviewed the Harmony Corridor District Standards and how they have been applied: • Access to parks, central features and other gathering places. The requirements are that they be 10,000 s.f. minimum, visible to the street and the community, have good access, have a variety of elements in them and that they be a privately owned part of the community. The next graphic showed where they have provided those in Planning and Zoning Board Minutes November 1, 2001 Page 3 several locations within the plan. They have tried to create an element within each of the smaller block areas of the community. Each of them individually meet the criteria for size, they all in general have walking paths and have they have tried to create some larger turf paneMreas that there can be some active use. Many will include some shade structures and seating. The central feature that they have identified is a pool and cabana including a kitchen space for activities for the homeowners association and other events. • Access to a neighborhood center. The graphic shows that the Willowbrook community now known as Observatory Village has an approved neighborhood center at the corner of Cambridge and Rock Creek Drive. This community meets the walking distance criteria being within % mile. • Density. The minimum density of residential development be at least 7 units per acre. This plan as proposed is 11.7 dwelling units per acre gross and a net density is 13.7 units per acre. Mr. Kam reviewed a graphic showing the various types of products that would be available. • Contiguity. The contiguity is met by virtue of this project being exempt because it is within the Harmony Corridor, Harmony Corridor District and the Fossil Creek Sub Area Plan. Mr. Karns showed a graphic of the contiguity this project did achieve. • Landscaping and Tree Protection. They have worked hard at not only how they have dealt with the streetscape but also the rear private drive accesses. Mr. Karns believed that they have developed a good mix of plant materials. There are also some natural features along the east side of the property that have been preserved as a part of this Project Development Plan and were also identified as elements of the Overall Development Plan. Connectivity. All of their local and connector streets are extensions and aligned with streets that are planned within Observatory Village and some of the future development areas within the Harmony Tech Park Plan. The graphic also demonstrated access to the surrounding arterial streets and extensions of the bike lanes from Observatory Village . They have aligned the multi -use trail that runs along the east side of the community and will ultimately tie into the regional trail to the east of County Road 7. They have looked closely at walkways and alignment of street crossings and have made sure that the community is pedestrian friendly. • Parking Requirements. They meet all the required off street parking within garages or off street parking bays that for the most part are accessed from the private rear load drives of the community. They have a couple of other locations Planning and Zoning Board Minutes November 1, 2001 Page 4 where they have created small parking bays to have some guest parking. Mr. Karns also showed where the on street parking would be available. Lighting. They have coordinated with Light and Power for placement of street lighting on the public streets. They also intend to have lighting in the private drive areas that will be a combination of lighting on the garages that provides light. Additional free standing light elements where needed for security, also for the public spaces where they feel there may not be enough light from the street lighting that has been planned. Mr. Karns reported that it was an extensive effort for stormwater improvements that has been going on for quite awhile with all the surrounding projects as well. They have been working with Ron Gonzalez of Poudre Fire Authority as to the best way to provide emergency access. Mr. Karns reviewed the architecture of the units and the fencing. Steve Steel, President of Chateau Development spoke to the Board on homebuyer diversity in this neighborhood. He stated that they are a primary multi -family homebuilder and they are looking for affordability. The units will be priced under $200,000. Mr. Steel spoke on the products to be developed in the project and what amenities each type of home will have. Those would include garages, courtyards, verandas and large outdoor living spaces. All the units are maintenance free living. Public Input Chip Barnhardt, neighbor to the Willowbrook community expressed his disappointment regarding the way the city is enforcing the connectivity standard on this subdivision and the Willowbrook subdivision. Forcing a bike trail that goes no where from the Willowbrook subdivision to County Road 7 between two property owners. Also not enforcing at all or requiring at all an outlet on the east side of this subdivision at the 660 foot intervals and potentially allowing where the bridge is to be built to not connect for who ever knows when. He would like to see some consistency. Public Input Closed. Member Craig asked about connectivity and what connections would be approved with this project. Eric Bracke, Transportation Services, reported that in terms of connections, there would be emergency access to Cinquefoil and Rock Creek out to Ziegler. Those would be the connections with this project. Willowbrook is making the connections down to Kechter Road. Planning and Zoning Board Minutes November 1, 2001 Page 5 Member Craig asked about Brookfield Road and would it be connected to Willowbrook. Mr. Bracke responded yes, but it would not be built at this time to Kechter Road. t Member Craig asked if the only connection at this time would be Rock Creek Drive. Mr. Bracke replied yes at this point. Member Craig asked how this project meets criteria 3.6.3(e) where it talks about distribution of local traffic to multiple arterial streets. "All development plans shall contribute to developing a local street system that will allow access to and from the proposed development as well as access to all existing and future development within the same section mile as the proposed development from at least three arterial streets." Mr. Bracke responded that overall it does. With this particular phase it does not. From a level of service stand point the intersections will operate at an acceptable level of service. When the entire project develops and the school comes in and the whole area develops out, all the connections will be made. We are not making them do all the connections to every arterial. Member Craig again asked about the criteria for making three connections to arterial streets. Mr. Bracke replied that eventually it would. Member Craigs feeling was that the difference was that Willowbrook has an east west which is Rock Creek Drive and it has Kechter Road. This particular development only has one road and that is Rock Creek Drive. It bothers her that we are not at least connecting to County Road 7 to give some other connection. She felt they should at least have the street connections even if they are exempt from the contiguity criteria. We are totally living on what will happen in the future. Mr. Bracke replied that with Willowbrook being constructed today we are very close to getting some of the connections. This development has an emergency access to Cinquefoil, they have Ziegler Road and they will be able to get to Kechtner Road in a short period of time. Planner Shepard added that on the Strauss connection, the agreement was made during the deliberations of the Fossil Creek Area Plan that Rock Creek would not extend to Strauss Cabin Road unless the properties on Strauss Cabin Road redeveloped in a more intense manner. The bike and pedestrian connection that Mr. Barnhardt referred to does not apply to that and that is why the bike and pedestrian connection is being Planning and Zoning Board Minutes November 1, 2001 Page 6 made. The street connection will not be needed until the 5 acre lots that are platted along Strauss Cabin Road redevelop in a more intense manner. Member Craig asked why we dldtnot look at Cinquefoil up to Harmony as another way out of this development. Planner Shepard replied that Cinquefoil will be built out to Harmony at some phase of the Harmony Technological Park Overall Development Plan. Chairperson Gavaldon asked Mr. Bracke if there has been any change in the traffic study since it was done in February of 2000. Mr. Bracke replied that there has been some economic conditions that we believe that at the time of the traffic study that Hewlett Packard was going to be building immediately. That now appears that that is not the case anymore. The city had made arrangements with CDOT that the first signalized intersection on Harmony Road would be Tech Parkway. If that does not happen, we would revisit that deal and probably signalize Cambridge. He also thought that the traffic study did not address the High School and he did not feel that would make too much of a difference. Those are the major changes. Member Torgerson mentioned that in the neighborhood meeting minutes this development was represented as being 8 units per acre and tonight it was almost 12. Mr. Karns replied that the densities that were presented tonight, the 11.7 units per acre gross, that is the density of the units on the residential portion of the project, which is 25.3 acres. He suspected that if they presented 8 it did include all the open spaces at the time. Not as it applies to meeting the 7 per acre. Member Torgerson asked Planner Shepard if the neighbors who attended the neighborhood meeting had issues with density. Planner Shepard replied that most of the neighborhood input in this general area occurred during the Willowbrook deliberations, because Willowbrook directly abuts the affected neighborhood. There had been enough neighborhood contact with the ODP and the Willowbrook project, by the time staff got to the Brookfield PDP neighborhood meeting, there were very few surprises. Chairperson Gavaldon asked about the plex buildings and what would be the numbers on those. Planner Shepard replied they would be 6, 8 and 9. Planning and Zoning Board Minutes November 1, 2001 Page 7 Member Gavaldon asked since there was only one street connection, would that not be a request for modification since the requirement is three. Planner Shepard replied no, it is staffs interpretation that being part of an Overall Development Plan and being built in phases, that the connections are Rock Creek to Ziegler, Cinquefoil and Cambridge to Harmony, and Cinquefoil and Northern Lights and another local street in Willowbrook down to Kechter Road. The issue is phasing, we know that these streets will be developed. We know that there is a three party agreement drafted between Imago, Hewlett Packard and Chateau that addresses Cambridge. We know that there are agreements with Willowbrook that address access to Kechter and we know that Rock Creek is being built now. Member Colton was concerned with Hewlett Packard's portion because of the economic conditions with them and the Compaq merger. He questioned when and if ever they would be able to build their portion. He did not feel satisfied that this all would happen over time, and that it would be o.k. to just have Rock Creek Drive until something happens at some point in time. Planner Shepard replied that Rock Creek would not be the sole access point. There will also be the Willowbrook connection. In addition there will be Cinquefoil, so there will be three. In the three part agreement, it does not just depend solely on one party. It depends on the party that builds first and that needs it. The developer goes through the repay process, the party that needs it first builds it and then gets repaid. Mr. Steel clarified that there are about 5 parties involved, Imago, Hewlett Packard, Willowbrook and Chateau. There is also another agreement with the Poudre School District. Currently what is being installed and planned for pavement later this month is Rock Creek Drive all the way down to Northern Lights Drive. Also what is planned on pavement prior to the end of the year is Cambridge Avenue down to Kechter and improvements along Kechter out to Ziegler Road. There is also improvements on the widening of Kechter Road that would happen early next year along with the school that is being built right now. The School District is participating in the cost of Rock Creek. Cambridge Avenue would be triggered by Hewlett Packard and would be built when they choose to develop. Member Colton asked Planner Shepard to address the citizens comments on the trails Planner Shepard explained that Larimer County reserved a right of way between Mr. Barnhardts north property line and Mr. Ashley's south property line. It is about 60 feet wide and it is intended to provide a connection from Strauss Cabin Road back to the west. Because of all the planning that was done for the Fossil Creek Area Plan, the agreement was made that the road connection would not be made until the 5-acre lots Planning and Zoning Board Minutes November 1, 2001 Page 8 on Strauss Cabin Road redevelop. In lieu of a street connection, the city required the Willowbrook developer to build a bike/pedestrian path. Member Colton commented that f e is still concerned with the connectivity. It sounds like Rock Creek Drive will be there for sure. He would like a condition that Cinquefoil south is in before this project. He is really concerned as to why Cinquefoil is not going through other than a financial agreement between the parties. He feels that we should require that Cinquefoil should go in north to Harmony Road at this point in time as another connection. Director of Current Planning Cameron Gloss addressed the issue of the distribution of the street system and the connectivity standard. He feels that there is some misunderstanding about the Code Language in Section 3.6.3(e) titled Distribution of Local Traffic to multiple streets. There is a specific portion of that that states "from at least three arterial streets upon development of remaining parcels within the section mile." That statement leaves us to believe that a phased approach as is being shown here would still meet the standard. Staff feels the Code language is relatively clear that this application as proposed would not require any type of modification and would comply with the standard. Discussion was held between the Board, Planner Shepard and Eric Bracke regarding the street connections, timing of improvements, trip generation and emergency accesses. Member Bernth asked what improvements would go in when the High School is built. Mr. Bracke replied that Cambridge would be built and they will make the improvements on the eastside of Kechter and Ziegler Road. Cambridge would be built from Rock Creek south. Member Torgerson commented that he shared the concern that this project does not have the connectivity that it should. But that does not seem to be supported by the Code in terms of a reason for denial. He does not think the city should get out ahead of development in terms of road development. He does not think we should be taking street oversizing fees and developing roads that are not necessarily warranted by development yet. Deputy City Attorney Eckman clarified for the Board that the developer has to contribute to developing the local street system that allows access to and from the development as well as to all existing and future development that is within that same section mile. It has to be conceived to contribute to access to at least three arterial streets, but that, in Planning and Zoning Board Minutes November 1, 2001 Page 9 his judgement, does not have to be right now because it has to be done upon development of the remaining parcels in the section mile. Dave Stringer added that to satisfy the Poudre Fire Authority's requirements, the emergency access only needs to be as they classify as an all weather access road, which can be gravel and most often is. It only has.to be 20 feet in width, and capable of supporting their loads. It is a much less expensive roadway to build than if you were to build the street. Planner Shepard stated that if the property to the west of Brookfield would develop, then they would have to build Cinquefoil. Member Craig asked all the way to Harmony. They are not going to come in as one piece, just like this development did not come in as one piece. They are going to pick ..a" piece. Planner Shepard replied that again, it is the timing and phasing issue. It is on the Master Street Plan; it is on the Overall Development Plan. The Imago property, at some time, has to build Cinquefoil. Member Torgerson moved for approval of the Brookfield PDP, #18-99A. Member Bernth seconded the motion. Member Craig commented that this was a good example of why we normally don't waive the contiguity requirement. She felt that this was a parcel on the edge and she wished that she felt optimistic that all the pieces could come together and we would have the necessary infrastructure that staff believes will be there. Member Carpenter stated that she would be supporting the motion but with trepidation. She wondered if that in the areas where we do have the waivers for leap frogging if we need to look and see if there is anything we can do so we don't end up with this kind of situation. She believes the standards were written with the thought in mind that there is contiguity. She thinks that this will be a problem and hopes she is wrong. Member Torgerson commented that he has problems with the connections. It seems ironic that we are developing connections to the south and west when we have argued that everybody wants to go northwest. He feels that it all boils down to compliance with the Code and he is convinced that they are in compliance with the Code. He would be supporting the motion. Planning and Zoning Board Minutes November 1, 2001 Page 10 Chairperson Gavaldon commented that the Board got "bogged" down with the phasing and timing issues, which can be interpreted a number of ways. However, they have met the process in terms of following the Code. He feels that portions of the Code are up for interpretation. He would have bgen flexible to seeing a stronger north connection and it would have been within the process. Based on the recommendation from staff and the sound data provided, he would support the motion. Member Colton thought there was a need to look at a possible Code change for this. He also looks at the wording that says, "all development plans shall contribute to developing a local street system that will allow access to and from the proposed development." Frankly, he feels that Willowbrook did all the main streets and he was not really sure what this development is contributing. He would not be supporting the motion. Member Carpenter also commented that the Board got focused on the traffic problems that the Board perceives as happening with this project and the Board did not have much to say about the project itself. She thought that it looked like a really good project and there are many things in the project that are very positive and that meet the Code. The motion was approved 4-2 with Members Craig and Colton voting in the negative. There was no other business. The meeting was adjourned at 8:50 p.m.