HomeMy WebLinkAboutSTORYBOOK 2ND FILING - MOD. OF STAND. - 49-98B - REPORTS - RECOMMENDATION/REPORTModifications — Storybook, 2"d Filing - PDP — Filing #49-98B
January 13, 2005 Administrative Public Hearing
Page 9
would create an adverse impact on the storm water detention capability for the
entire Storybook development.
E. This request is only for modifications of specific standards in Subsection 3.6.3(D) and
Subsection 3.6.3(F) the LUC. The applicant has already submitted a Project
Development Plan (PDP) proposal for review by the City. The PDP is being reviewed,
and a determination will be made, separate from this request for modifications of
standards.
6. RECOMMENDATION:
Staff recommends approval of the Modifications of Standards in Subsection 3.6.3(D) and
Subsection 3.6.3(F) of the Land Use Code for the Storybook, 2"d Filing, Project
Development Plan - #49-98B.
Modifications — Storybook, 2"d Filing - PDP — Filing #49-98B
January 13, 2005 Administrative Public Hearing
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3. If the City or School District decide that neither the street nor bike/ped.
connection will be required, the developer can request that the right-of-way east
of Deep Woods Lane be vacated. The vacation of the right-of-way will need to
be done by City Council.
These issues will be addressed at such time that the adjacent property to the north and
east (currently School District property) is developed.
5. FINDINGS OF FACT/CONCLUSION:
A. The requested Modifications of Standards in Subsection 3.6.3(D) and Subsection
3.6.3(F) of the Land Use Code for the Storybook, 2"d Filing, PDP are subject to an
Administrative (Type 1) review.
B. Granting the requested modifications would not be detrimental to the public good.
C. The plan as submitted will advance or protect the public interests and purposes of the
standard for which the modification is requested equally as well as a plan which
complies with the standard for which a modification is requested, as set forth in Section
2.8.2(H)(1) of the LUC.
As a result of several meetings and discussions that included City staff, the
Developer, and a representative of the School District it has been determined that a
street connection from the Storybook, 2"d Filing development to the District's
property would not be beneficial. Encouraging vehicular traffic generated by the
proposed high school through this residential neighborhood would not be desirable.
However, provision for a bicycle/pedestrian path at the north end of Deep Woods
Lane is being incorporated in the Storybook, 2"d Filing plans, which is acceptable to
the City.
D. 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,
as set forth in Section 2.8.2(H)(3) of the LUC.
- A storm water detention pond was designed and constructed as part of the original
Storybook project and this pond extends along the entire length of the Storybook,
2"d Filing - PDP frontage on Mountain Vista Drive. To bridge this feature in some
way would create an undue hardship on the owner/developer of this property and
Modifications — Storybook, 2"d Filing - PDP — Filing #49-98B
January 13, 2005 Administrative Public Hearing
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Subsection 3.6.3(F) of the LUC sets forth the requirement that all development plans shall
provide for future public street connections to adjacent developable parcels by providing a
local street connection spaced at intervals not to exceed 660' along each development
plan boundary that abuts potentially developable or redevelopable land. The Storybook,
2nd Filing - PDP does not provide for a street connection to the north, from Deep Woods
Lane to the undeveloped Poudre R-1 School District property. It does provide a public
access easement for a bicycle/pedestrian connection between the properties at the north
end of Deep Woods Lane.
In reviewing the proposed alternative plan for purposes of determining whether it
accomplishes the purposes of this section as required, Staff has determined that:
Granting the requested modification would not be detrimental to the public
good and would not impair the intent and purposes of the LUC.
The plan as submitted will promote the general purpose of the standard for which
the modification is requested equally as well as a plan which complies with the
standard for which a modification is requested, as set forth in Section 2.8.2(H)(1) of
the LUC. As a result of several meetings and discussions that included City staff,
the Developer, and a representative of the School District it has been determined
that a street connection from the Storybook, 2nd Filing development to the District's
property would not be beneficial. Encouraging vehicular traffic generated by the
proposed high school through this residential neighborhood would not be desirable.
However, provision for a bicycle/pedestrian path at the north end of Deep Woods
Lane is being incorporated in the Storybook, 2nd Filing plans, which is acceptable to
the City.
The Storybook, 2nd Filing - PDP subdivision plat has a 53' wide right-of-way for
Chesapeake Drive to the east property line, which satisfies the requirements set forth in
Section 3.6.3(F) of the LUC. Therefore, the applicant's request for a modification of the
standard for this connection is not needed. The cited reasons for the modification are as
follows:
The road right-of-way be dedicated with the subdivision but not constructed.
The developer will be required to escrow or pay for these street improvements at
the time of approval or as required by the City. Should the School District
develop their property and require this access the money and right-of-way are in
place.
2. If the school district does not require this road then both the District and City
can decide if a bike/ped. connection would be needed instead.
Modifications — Storybook, 2"d Filing - PDP — Filing #49-98B
January 13, 2005 Administrative Public Hearing
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2. If the school district does not require this road then both the district and city
can decide if a bike/ped connection would be needed instead.
3. If the city or school district decide that neither the street or bike/ped connection will
be required, the developer can request that the right-of-way east of Deep Woods
Lane be vacated. The vacation of the right-of-way will need to be done by City
Council.
We feel that these modifications to the Land Use Code comply with the requirements of Division
2.8. If there is any more information required or questions, please let us know.
4. STAFF'S ANALYSIS OF MODIFICATION REQUEST
Subsection 3.6.3(D) of the LUC sets forth the requirement that collector or local street
intersections with arterial streets be spaced at intervals not to exceed 660' unless rendered
infeasible due to unusual topographic features,. existing development or a natural area or
feature. The Storybook, 2"d Filing - PDP does not provide for a street connection to the
south, from Deep Woods Lane to Mountain Vista Drive.
In reviewing the proposed alternative plan for purposes of determining whether it
accomplishes the purposes of this section as required, Staff has determined that:
Granting the requested modification would not be detrimental to the public
good and would not impair the intent and purposes of the LUC.
' 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, as set forth in Section 2.8.2(H)(3) of the LUC. A storm
water detention pond was designed and constructed as part of the original
Storybook project and this pond extends along the entire length of the Storybook,
2"d Filing - PDP frontage on Mountain Vista Drive. To bridge this feature in some
way would create an undue hardship on the owner/developer of this property and
would create an adverse impact on the storm water detention capability for the
entire Storybook development.
Modifications — Storybook, 2"d Filing - PDP — Filing #49-98B
January 13, 2005 Administrative Public Hearing
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MODIFICATION REQUESTS:
Per Division 2.8 of the Fort Collins Land Use Code we are requesting three Modifications to
Division 3.6.3 of the Land Use Code.
1. Extend Deep Woods Lane South to meet Mountain Vista Drive, per Land Use Code
3.6.3(D)
We are requesting a Modification to this standard due to the unusual topographic feature
of the existing detention pond, which has slopes of 25%, which exceeds any maximum
allowed slope for road design. This City pond is required and currently in use with
Storybook PDP, I" Filing.
Our proposed modification is to make the access to Mountain Vista Drive from the
intersection of Maid Marian Court and Deep Woods Lane a bike/ped connection. This
access would be east to our property line then south to Mountain Vista Drive bypassing
grade problems created by the existing detention pond.
2. The extension of Deep Woods Lane to the North to meet the-Poudre-R-1--- School District
property, per Land Use Code 3.6.3(F).
The reason for the request is that the school district has indicated in meetings with City
Staff and us that they feel it is not good practice to have high school students drive
through residential property from a safety standard.
The school district has indicated that probable access points from their site will be one to
the south to tie into Mountain Vista Drive but that this location will be east of our project
and one access point to Maple Hill on the north side of their site. They also have
indicated they do not have any site layouts at this point in time.
We are proposing a walk/bikeway access be constructed in place of the street.
3. Extend Chesapeake Drive to the east to Poudre R-1 School District property,
per Land Use Code 3.6.3(F).
Again the reason for this request is the same as for No. 2, the school district feels that
they will not use the road when they develop.
We are requesting a modification from that standard to be as follows:
1. The road right-of-way be dedicated with the subdivision but not constructed.
The developer will be required to escrow or pay for these street improvements at the
time of approval or as required by the city. Should the school district develop their
property and require this access the money and right-of-way are in place.
Modifications — Storybook, 2"d Filing - PDP — Filing #49-98B
January 13, 2005 Administrative Public Hearing
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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 applicant has proposed that the modification of the standard would not be detrimental
to the public good and that it meets the requirements of Section 2.8.2(H)(1) of the LUC.
3. APPLICANT'S REQUEST (in Times New Roman font)
SITE DESCRIPTION AND HISTORY:
This project proposes to develop 24 single-family houses and 26 paired houses on a total of 76 lots.
The site area is 13.9 acres, more or less. This development is being designed as a continuation of
Storybook PDP, I" Filing, which is directly west of this property.
Storybook PDP, 15` Filing was designed in 1998 and is in the process of being built out. During the
approval process for Storybook PDP, I" Filing the developer purchased the land for this proposed
project. Because the purchase of this property was during the City of Fort Collins approval process
this property was not officially master planned with the 15` Filing. However, the site was planned in
meetings with City Planning and Engineering Staff, the developer, Stewart & Associates, and a
representative of Poudre R-1 School District, which is the owner of the property to the north and
east of this proposed project.
During those meetings a site plan was developed. This plan reflected the Poudre R-1 School
District's concern of roads being extended to the school's property. Their thinking at that time was
that it is not a good idea to route high school students through a residential area. However, we did
not request a modification to the code at that time.
Our first submittal reflected the original site plan as previously agreed upon. The comments back
from the City Staff denoted that this project meet the City Land Use Code Section 3.6.3 by
extending Sherwood Forest Lane (being renamed Deep Woods Lane) south to meet Mountain Vista
Drive, north to meet Poudre R-1 School District property, and extend Chesapeake Drive east to the
school property.
After several meetings with City Staff and their recommendation we are requesting a modification
to the code.
Modifications — Storybook, 2"d Filing - PDP — Filing #49-98B
January 13, 2005 Administrative Public Hearing
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The City Engineer may require any limited movement collector or local street
intersections to include an access control median or other acceptable access
control device. The City Engineer may also allow limited movement intersection to
be initially constructed to allow full movement access"
Subsection 3.6.3(F) - Utilization an Provision of Sub -Arterial Street Connections to and
from Adjacent Developments and Developable Parcels states:
"All development plans shall incorporate and continue all sub -arterial streets
stubbed to the boundary of the development plan by previously approved
development plans or existing development. All development plans shall provide for
future public street connections to adjacent developable parcels by providing a local
street connection spaced at intervals not to exceed six hundred sixty (660) feet
along each development plan boundary that abuts potentially developable or
redevelopable land."
Based on the proposed subdivision plat and Site Plan for the Storybook, 2nd Filing - PDP,
the north - south street near the east property line (Deep Woods Lane) does provide for
street connections to the south, to Mountain Vista Drive, and to the north into the school
district property.
As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the
Planning and Zoning Board 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
Modifications — Storybook, 2nd Filing - PDP — Filing #49-98B
January 13, 2005 Administrative Public Hearing
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• all development plans shall provide for future public street connections to
adjacent developable parcels by providing a local street connection spaced at
intervals not to exceed 660' along each development plan boundary that abuts
potentially developable or redevelopable land.
This application for a modification of the standard requests that the Planning and Zoning
Board determine if the modification request meets the intent of the LUC. This request is
only for modifications of specific standards in Subsection 3.6.3(D) and Subsection 3.6.3(F)
of the LUC. The applicant has also submitted a Project Development Plan (PDP) proposal
for an Administrative (Type 1) Review by the City, which will be discussed in front of an
administrative hearing officer at a separate meeting in the future.
COMMENTS
1. BACKGROUND
The surrounding zoning and land uses are as follows:
N: LMN in the City of Fort Collins; undeveloped land (Poudre R-1 School District)
E: LMN in the City of Fort Collins; undeveloped land (Poudre R-1 School District)
S: LMN in the City of Fort Collins; undeveloped land
W: LMN in the City of Fort Collins; existing residential (Storybook)
The property was annexed as part of the Country Club East Annexation in August, 1983,
and part of the East Vine Drive 7th Annexation in August, 1983.
On August 11, 1999, the Director of Planning approved the Storybook PDP (Type I, LUC)
development request for 66 dwelling units (4 single-family detached and 62 two-family
dwellings) on 16.6 acres.
2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS
This request is for modifications of standards in the following sections of the LUC:
Section 3.6.3 - Street Pattern and Connectivity, Subsection 3.6.3(D) - Spacing of
Limited Movement Collector or Local Street Intersections With Arterial Streets states:
"Additional nonsignalized, potentially limited movement, collector or local street
intersections with arterial streets shall be spaced at intervals not to exceed six
hundred sixty (660) feet between full movement collector or local street
intersections, unless rendered infeasible due to unusual topographic features,
existing development or a natural area or feature.
ITEM NO.
MEETING DATE
STAFFcU L.:r
Citv of Fort Collins HEARING OFFICER
STAFF REPORT
PROJECT: Storybook 2nd Filing, PDP - Modifications of Standards - #49-98B
APPLICANT: Stewart & Associates
c/o Jack Blake
103 South Meldrum Street
Fort Collins, Colorado 80521
OWNER: Nebarado Construction, Inc.
c/o Gary Mackey
6804 Aaron Drive
Fort Collins, CO. 80524
PROJECT DESCRIPTION:
This is a request for modifications of standards set forth in Section 3.6.3 - Street Pattern
and Connectivity of the Land Use Code (LUC), more specifically Subsection 3.6.3(D) -
Spacing of Limited Movement Collector or Local Street Intersections With Arterial Streets
and Subsection 3.6.3(F) - Utilization an Provision of Sub -Arterial Street Connections to and
from Adjacent Developments and Developable Parcels. The property is located on the
north side of Mountain Vista Drive (East County Road 50), east of Turnberry Road (North
County Road 11), and west of North Timberline Road (County Road 9E). The property is
zoned LMN, Low Density Mixed -Use Neighborhood Zoning District in the City of Fort
Collins.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
The applicant has submitted an application with a request for a modifications of standards
as set forth in Section 3.6.3 - Street Pattern and Connectivity, Subsection 3.6.3(D) -
Spacing of Limited Movement Collector or Local Street Intersections With Arterial Streets
and Subsection 3.6.3(F) - Utilization an Provision of Sub -Arterial Street Connections to and
from Adjacent Developments and Developable Parcels of the LUC. These subsections set
forth the requirements that:
• a collector or local street intersections with arterial streets be spaced at intervals
not to exceed 660' unless rendered infeasible due to unusual topographic
features, existing development or a natural area or feature.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT