HomeMy WebLinkAboutBELLA VISTA - PDP - 45-01A - CORRESPONDENCE - CITIZEN COMMUNICATIONeve -Olt 'Bella Vista 9
pertinent definition for adjacent states that "applied to things of the
same type, it indicates either side -by -side proximity or lack of
anything of the same nature intervening". In this case, the Zoning Map
clearly shows intervening lots. Therefore, there is no adjacency and
contextual height must be denied because conditions of 3.8.17 (A)(3)
are not met.
Arguing that the parcels that surround and include the Marriott Hotel
are part of an underlying lot (not shown on the Zoning Map) that still
exists because of an earlier replatting is absurd. There indeed has
been a de facto replatting of the Marriott block by subdivision of that
so called underlying lot; the Zoning Map recognizes that fact and shows
the parcels that are today's existing lots. These lots are the ones
pertinent in determination of adjacency. The City and the applicant
are wrong in their assertion that the adjacency requirement is met. It
would be a misstep to allow 3.8.17 (A)(3) to be wrongly used in its
first application in Fort Collins.
y
Steve'Dlt - Bella Vista Page 2
that alleviates the visual impact. And the lots are not adjacent, at
least as I see it.
The latest submission by the developer shows 4- and 5-story
buildings elevated above the level of Horsetooth Road to accommodate an
underground garage. The buildings abruptly rise with little setback
from the street; they will stick well above the tops of any trees,
block existing views of the foothills, and change the feel and
character of our neighborhood.
Are there any other protections from placement of high-rise buildings
into existing neighborhoods? Yes, the Building Standards requirements
of the LUC state that characteristics of proposed buildings be
compatible when considered within the context of the surrounding area.
The buildings should be compatible with the scale of the neighborhood
in which they are situated. The Planning Director or Planning and
Zoning Board has the right to modify height limits for preserving the
character of existing residential neighborhoods, among other reasons.
City Plan itself has principles and policies for existing
neighborhoods. The first policy listed in the Existing Neighborhood
sections states in part: "No significant changes to the character of
existing residential developments will be initiated by City Plan." It
further states that stated preferences of neighbors will be considered
in determining acceptable intensity and character of infill and
redevelopment.
It is the job of city staff to determine if the project meets the
requirements in the code. When their review process is complete they
will write a report with their findings and recommendations. We can
disagree with these; some are pretty subjective and some are pretty
technical.
Then staff will schedule the required public hearing for a decision on
approval or not. We citizens do have the chance to make our
preferences on this project known at the public hearing or by letters
to the city. And the decision may be appealed to the city council.
Don't get me wrong. The Bella Vista project is a high -quality
development that would be a good addition to a lot of neighborhoods.
With underground parking facilities, million dollar penthouse
condominiums, and other high -end amenities, it may attract people that
would otherwise live in sprawling rural developments.
And it would probably generate $30-40 million in economic activity
for our community. But the height of these buildings is out of context
and character with our neighborhood. This high-rise project would
better fit where City Plan intended --to enhance downtown Fort Collins.
Bella Vista PDP
Granting of "Contextual Height" Using 3.8.17 (A)(3) Should Be Denied
Application of contextual height to this project requires that the
Planning Director make an interpretation using the terms and provisions
of the Land Use Code and/or the Zoning Map (Article 1.4.3). In this
case, both are pertinent, since Article 3.8.17 (A)(3) requires
adjacency of lots and the lots involved are the parcels shown on the
Zoning Map. Adjacency is defined, because it is a common word (Article
5.1.1) by Webster's Third New International Dictionary (Unabridged). A
Steve It -Bella Vista
It - m
From: Tom Kitze <paulkitze@yahoo.com>
To: Jeff Emmel <jeff@clearwave.com>, Gabrielle Numair <gabrielle@frii.com>, Lynn
Carlisle <carlisledds@attbi.com>, Cindy Leary <wolfpac2x@yahoo.com>, David Leary
<david_leary@agilent.com>, Steve Olt <solt@fcgov.com>
Date: 3/2/03 10:05AM
Subject: Bella Vista
It appears that this project is almost through review and will be taken
to public hearing in the not too distant future. City staff will have
to write their final report with their recommendations on whether the
project should be approved or not. The hearing, according to Steve
Olt, will be before a single hearing officer, not the Planning and
Zoning Board.
I have written an op/ed piece for submission to the Coloradoan
newspaper and would like to get your input before I do. I have also
written an argument saying that the use ofcontextual height' should
be denied in this case. I will, in addition, try to get down some more
thoughts about where provisions of the LUC might be helpful in fighting
this project, if that is what we want to do. Since I plan to be out of
town off and on during the next few weeks, I wanted to get these to you
in case I am not around at the time of the hearing.
Tom
Is There a High -Rise in Your Future?
by Tom Kitze
You might wonder how City Plan could affect you and your
neighborhood and change the character of neighborhoods by the
introduction of high-rise residential buildings. I would like to
comment on dealing with the Bella Vista project and how City Plan and
the Land Use Code (LUC) that derives from City Plan actually work.
Bella Vista is a proposed high-rise residential condo
project at a site on the northeast corner of Horsetooth and Stanford
Roads. Surrounding the site are apartments, office buildings, single
family dwellings in the Landings, and a vacant lot that intervenes
between the site and the lot on which stands the Marriott Hotel. The
existing buildings are all less than 3 stories and their visual lines
are softened by the trees.
In November of 2001, there was a neighborhood meeting run by the
City for a presentation by the developer in order that we might comment
on the proposed project. The project presented had 70 luxury
residential units and some mixed -use space in four buildings.
Many of us present at that meeting felt and stated that the project
was much too high. But the developer chose to submit the project as
presented and applied for Medium Density Mixed -Use Neighborhood (MMN)
zoning.
MMN zoning allows a maximum of 3 stories of height. Does this zoning
protect neighborhoods from buildings higher than that? No, there is a
"contextual" height provision that gives an exception to that limit
based on height of buildings on adjacent properties.
To my knowledge, this is the first use of the 'contextual'
height exception in the city. This provision calls for adjacency of
lots to get a comparative height. In the case of Bella Vista, the
developer is using the Marriott Hotel for context, a 60-foot high
building. This building is a city block away from the buildings being
proposed, with extensive setback from streets, and a stepped design