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HomeMy WebLinkAboutBELLA VIRA - PDP - 36-05A - DECISION - MINUTES/NOTESPlanning & Zoning Board May 18, 2006 Page 12 Member Meyer seconded the motion. Motion approved 7-0. ECT: Spring 2006 Biannual Revisions, Clarifications and AdditionYarding n Land Use Code. CT DESCRIPTION: This is a request for a Recommendation to City Council r the biannual update to the Land Use Code. These are proposed revisions, clarifications and additions to the Code that.address a variety of subject areas that have arisen since the Ig6`t update in Fall 17 of 2005. � RECOMMENDATION: Approval Director Gloss presented the proposed change to the Supplemental Notice Requirements of the Land Use Code. City Council expressed that the City is not providing -enough public notice for ODPs, PDPs and other types of development applications. The cost for the mailings are borne by the applicant. Appeal filing charges will remain at $100.00. Therefore, staff has reviewed the minimum notice radius in the Land Use Code. The current baseline is 500 feet. Based on their review, staff is recommending the following: / • All previous 500 foot notice radiuses should be i reased to 800 feet; • All previous 750 foot notice radiuses should b increased to 800 feet; • Notice radiuses for zonings and r onings o orty (40) acres or less should be increased to 800 feet; • Notice radiuses for zonings and rezo s of more than forty (40) acres should be increased to 1000 feet. Staff Member Shepard presented the amendment proposal to the Building Size, Height, Mass, Bulk and Scale of a building contained in Section 8 of the ordinance. The words "an intersection" are being removed, and the words ',(he nearest" are being added to define the applicable cater corner intersection. By changm is, the applicant doesn't get the benefit of two cater corners. If the building is in the middle of street, the applicant gets to use the opposing and the nearest cater corner. The next recommendation is that the LMN Zone District be revised to allow multi -family dwelling units to be capped at 12'units per dwelling with design standards instead of the current 8 units per dwelling. Specific terracing on the upper floor is required when a 12-plex is located within 50 feet of a single family dwelling or a duplex. At the conclusion of the staff presentation, Member Schmidt requested that the Issues 690, 732 and 735, and,730 be moved to discussion. Issues 732 and 735 are combined. Member Schmidt made to motion to approve the Land Use Code recommended changes ;:mber 5, 178, 719, 722, 723, 724, 725, 726, 727, 729, 731, 733, and 734. Stockover seconded the motion. Motion was approved 7-0. Planning & Zoning Board May 18. 2006 Page 11 Applicant responded that the fence could be moved and suggested that Staff Member Moore provide some input. Staff Moore said that the fence is not a natural resource concern and the developer is not required to provide the fence unless the Planning and Zoning Board required it. He stated that the trail could be moved so it is not so close to Mr. Urynowich's house. Larimer County is the agency that administers the Fugitive Dust Control Permits required by the State of Colorado. The applicant will need to obtain this permit. The enforcing agent is Larimer County. Olt stated that a letter has been received by an attorney representing The Ponds. With this letter, the HOA has indicated its support of the trail extension across The Ponds common area under the following conditions: • Applicant will enter into any necessary easement agreement for the trail in terms and conditions that are reasonably satisfactory to the HOA. • The final design of the trail must be approved by the HOA board. • The trail will be located as far as possible from The Ponds' houses so as to minimize impact. • There will be a written assumption that the developer will assume certain maintenance obligations. This agreement, to be signed by both parties, will ensure the placement of that trail and the minimal impact on the homes in that development. Member Schmidt questioned whether the architectural standards are part of an agreement or a condition of approval. Staff Member Olt stated that those guidelines are set forth in the development agreement, attached to the development agreement on the utility plans, and that a site plan sheet will also be recorded with the documentation. Member Stockover asked what would happen if an agreement cannot be reached with the HOA regarding the trail location. Staff Member Moore replied that it is in both developments' best interests to limit the number of social trails that could occur and therefore, in the best interest of both parties to arrive at a solution now rather than deal with problems later. Chair Lingle asked if the protective covenants developed by the developer would cover issues like minimum house size that are not typically required by the city as part of an FCP. Staff Member Olt responded that the city is not part to the HOA protective covenants. It is a private document between the developer and the HOA. Furthermore, the Land Use Code does not dictate a minimum lot size requirement. Staff Member Rollins asked what the maximum density is on the development. Staff Member Olt replied that in a LMN District, the maximum density is eight dwelling units per gross acre of land. In this development, there could be 120 units; there are only 65. Member Fries asked if the fence belonged to the applicant. The applicant responded that he doesn't know who owns the fence. Member Schmidt moved for approval of the Modification of Standards for the Bella Vira, Project Development Plan, based on the fact that it would not be detrimental to the public good and that it is equal to a plan that would comply with the standard. Member Smith seconded the motion. Motion approved 7-0. Member Fries moved for approval of the Bella Vira, Project Development Plan, #36-05A, based on the facts and findings in the pages 16 and 17 of the staff report. Planning & Zoning Board May 18, 2006 Page 10 Member Schmidt asked if the multi family units will be one story. Staff Member Olt said he believes that the backside will be a two-story elevation away from the street, but that he will let the applicant describe this. Member Schmidt asked for clarification. She did not see how the modification would be equal to or better than. Member Olt said the staff has determined that it is equal to a development plan that will meet the Land Use Code, based on lot size and the degree it extends into the Ponds development. John Minatta is the applicant. Mr. Minatta and his brother and mother, Al and Evelyn, own the property in a family partnership. The City completed a 4-acre detention pond on the property in February of this year. This pond is owned by the City and is primarily for the detention of off -site flows. The City determined that The Ponds, an adjacent 284-acre development, does not have adequate storm water detention capacity. There are 18 to 30 developable units from the pond area that are available, but the code will not allow them to be transferred into the RF Zone. Regardless, applicant Minatta does not feel that the site is appropriate for high -density development. In fact, they are allowed to build eight units per acre, which would allow 96 units in the 12-acre single-family location. They are proposing only 40 units. Their intent is to build homes similar in size and price to The Ponds. They hope to attract young and mature families similar to those who have purchased at The Ponds. The applicant asked to increase the density in the RF Zone by five lots or .3 units per acre and will retain the required 50% open space Chair Lingle asked the applicant if the sales price per square foot of land on ten lots equaled the same per square foot cost of 15 lots, wouldn't the economic effect be neutral. Applicant responded that offering five more Ipts is an economic benefit to them. Member Schmidt asked about the amenities the applicant is providing. Applicant responded that they have worked out an agreement with The Ponds to establish trail connections; therefore, open space and trails are being provided as amenities. Staffmember Doug Moore stated that since this area is in a region of large natural features, Article 3.41(1) has been applied. Therefore, they are working with the applicant to create some general architectural standards on the homes. Since separate builders will be constructing homes there, this will ensure the builders are staying in compliance with the section of the code. This is made a part of the development agreement language and is available for future reference. Chair Lingle stated that it appeared there were no limits on the maximum size of dwellings. Staff Moore said that was correct and that the purpose is to break up massing through architectural standards. Public Participation Michael Urynowich lives at 3602 Cornflower Drive. He expressed concerns that the fence on the west side of the property be removed. Since his property is on the southwest comer of the development, he would prefer that the trail access be a little further to the north where the existing corner plot is rather than being right next to his property. Jim Fisher lives at 3214 Cornflower Court. Mr. Fisher had two concerns: (1) that there be dust abatement during development; and (2) he asked if there was a minimum square footage required at this development as there is at The Ponds. End of Public Participation Planning & Zoning Board May 18, 2006 Page 9 some development on this land, there are no immediate plans for future development. Staff Recommendation: Approval of the proposal for Bella Vira project development plan Hearing Testimony, Written Comments and Other Evidence Staff Member Olt stated that access to the site would be via an extension of West Elizabeth along Overlook Trail. Also, two current points of access (Banyan Drive and Sunflower Drive) would be extended in The Ponds at Overland Trail development. There is a 4-acre site that the city has purchased for a regional detention facility. There is a single-family residential area on the LMN portion of the site. The residential density range in this zoning district is a minimum of 5 dwelling units per acre and a maximum of 8 dwelling units per gross acre. This plan satisfies the LMN density range. This site is zoned for RF zoning district as a standard subdivision, with a minimum lot size of 2.29 acres. However, there is a qualification that allows clustering. This allows the developer to preserve 50% of the land as open space and then cluster the remaining lots, not exceeding one dwelling per acre. In this case, clustering and preserving the RF portion of Bella Vira would allow up to 15 dwelling units on the west, 54% open space, and 20 additional single family residential lots. This would exceed the maximum by .3 dwelling units. Staff Member Olt said that the applicant has submitted a request for a modification to the standard to allow 5 additional units. Staff has looked at The Ponds at Overland Trail and compared the two developments. They determined that the lot sizes of the two are consistent. Further, the 54% of open space in this proposal combined with that of The Ponds at Overland Trail provides a continuous block of open space land. The staff has determined that this is sufficient for recommendation for approval of the modification. Member Olt also noted that the only other RF districts in the area are already developed, so they would not be setting a precedent. Member Lingle asked if the Board's action upon the PDP is contigent upon the approval of the modification. Staff Member Olt agreed, saying that if the Board did not approve the modification, the plan could be redesigned to eliminate the 5 lots and provide the 15 lots that would be permitted in compliance with that section of the Land Use Code. He said, however, that eliminating the 5 lots would free up approximately 38,000 square feet, increasing the lot sizes by 2,500 square feet. The staff feels that the modification would maintain the compatibility of the comparison with The Ponds. Member Lingle asked if it would increase the open space or the lot size. Staff Member Olt responded that if you increase the size of the open space, then the lot sizes will decrease to a size more consistent with the smaller lots to the east of the LMN district. Member Schmidt asked what the lot sizes are along the far west. Staff Member Olt said that they ranged from 14,000 to 72,000 square feet. Member Rollins asked if The Ponds RF portion had requested a modification. Staff Member Olt said that it did not because it was approved in 1995 as a PUD under the Land Development Guidance system and did not require modification. Planning & Zoning Board Mqy18,2006 Pa_ 8 consisti of a grocery store, liquor store, dry cleaner, or other businesses of the like. designatioN, there could have been 100% secondary uses. Angie MilewskNvith BHA Design, representing the applicant, introduced a disci plan, landscapin and architectural elevations. She stated that they have tried much as possible t the original site plan. She said that although there is less lots and the building are in the same location. / that of the site iform as 1, the parking Luke Oldenberg discussed the landscaping and the site plan. He said to they are extending the access drive to the north withdiagonal parking. There will be a parking area to the east and south of the building, which is still consistent with the original plans. The' ill also be a wide pedestrian path to the north, connecting to Gifford Court to the existing Prest Center and then connecting to the Austin's Restaurant retail area. 'Tbe walk will continue arou the building and connects to Timberwood Drive. Luke mentioned that the site allows for 120 parking spaceg, but they reduced the number to allow for more landscaping and buffering, including coniferous trees, perennials, and ornamental grasses. Mark Mucci talked about the architecture. He said that there will be a stone base up to the second floor. The walls near the gables will have relief in them. The projections will have brick going up the second and third floors. They are also going to be doing some decorative grills below the windows where the heating and air conditioning units will be. Public Testimony None Board Member Schmidt motioned that the Planning and Zoning Board approve the modifications for Hilton Garden Inn at Preston Center, allowing the secondary uses based on being equal to or better than a compliant plan. Member Stockover seconded the motion. Motion approved 7-0. Board Mernber Schmidt motioned to approve the major amendment for the Preston Center first filin ased on the facts and findings of page 11 of the staff report. M r Fries seconded the motion. Motion approved 7-0. Project: Bella Vira- Project Development Plan, #36-05A Project Description: This is a proposal for a total of 85 dwelling units, including 25 multi- family housing units, on a 35 acre parcel located on the west side of Overland Trail at West Elizabeth Street. The property is zoned in two zoning districts, RL and RF. The existing single-family development to the south is The Ponds at Overland Trail. There is a first and second filing. The property is owned by the Minatta family and has been annexed recently and zoned LMN on the east portion and RF on the west. The north portion is owned by CSU. Although there is Chairperson Lingle called the meeting to order at 6:00 p.m. Roll Call: Rollins, Fries, Schmidt, Meyer, Stockover, Smith, and Lingle. Staff Present: Gloss, Mapes, Olt, Shepard, Deines Citizen participation: None. Director of Current Planning, Cameron Gloss, reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the February 16, 2006 and April 20, 2006 Planning and Zoning hearings (continued) 2. Recommendation to City Council regarding the Fort Collins Loveland Municipal Airport Master Plan Update 3. #54-02B Peterson Annexation and Zoning 4. #55-02A Streamside Annexation and Zoning 5. #9-06 Johnston Annexation and Zoning 6. #11-06 Cargill Rezoning Discussion Items: 7. #90-85R Hilton Garden Inn at Preston Center at Wildwood Business Park, First Filing — Major Amendment 8. #36-05A Bella Vira — Project Development Plan 9. Recommendation to City Council for Spring 2006 Biannual Revisions, Clarification and Additions to the Land Use Code. Member Schmidt moved for approval of Consent Agenda item #6, with the exception of Items 2, 3, 4, and 5 which were pulled by Member Schmidt as well as Citizen participation. Member Stockover seconded the motion. Motion passed 6-0. Project: Recommendation to City Council regarding the Fort Collins -Loveland Municipal Airport Master Plan Update Project Description: This is an update of the Fort Collins -Loveland Municipal Airport Master Plan which is a policy document that assesses and directs physical improvements that will likely be necessary to accommodate future aviation needs at the airport. Staff Recommendation: Approval