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HomeMy WebLinkAboutHEARTHFIRE PUD - RESUBMITTED PRELIMINARY (REMAND FROM CITY COUNCIL) - 31-95C - CORRESPONDENCE - VARIANCE REQUEST (3)gem AMA 1pkjg&�z-p `0".ailMOP, ' J to ti - cam. -. -..• : , _ -_ , f 44 t �, P :. . an approved ODP with urban density development. The largest lots within this development are to the north, adjacent to Hearthfire PUD. Hearthfire PUD is perfectly situated to provide comparably - sized urban -type lots in the southern portion of its development and then transition into the northern portion with large estate - type lots which are more compatible with the larger County acreages to the north, east and west. This type of transitioning would seem to address recent comments made by several Planning and Zoning Board members and City Council members concerning the need for a "softer" edge on some of the City's boundaries. With the requested variance, the project would also seem to be conceptually supported by the City's newly -adopted Structure Plan (see attached Exhibit "B") which has denoted much of the northern Urban Growth Area, including this site, as "Urban Estate" while placing the area to the south, which includes Richards Lake PUD, into "Low Density Mixed -Use Residential". Finally, Larimer County, into which this site largely intrudes, has reviewed the revised plan with reduced density and is in favor of it. 3 and preservation of, these natural areas dictate a different treatment and density than with a parcel without these features. It should be noted that the net developable area of the project at the density proposed is 1.9 dwelling units per acre rather than 1.4 dwelling units per acre calculated on a gross -acreage basis. In addition to the wetlands and the lake, oil and gas wells exist both on and off site, a condition believed to be unique to this northern area of the City and its Urban Growth Area. While oil and gas wells operate safely and compatibly with residential development in many areas of Colorado and throughout the United States, density is clearly a significant factor in being able to develop a project because there are many site constraints associated with the operation of oil and gas wells. These include sufficient setbacks from the wells, adequate berming and buffering to protect the residential uses from the impacts of the wells and preservation of access roads and utilities for the operation of the oil and gas wells. It is obviously much more difficult to compatibly accommodate urban density development when this condition is present. Finally, there is a significant amount of equestrian activity around the site. This use is much better accommodated with lesser density and correspondingly less traffic, noise and other impacts from urban development. The revised plan with reduced density has allowed the incorporation of this equestrian use throughout the project by providing pedestrian/equestrian trails and connections. Taking into account the combined effect of all of the noted existing conditions, a density variance would not only seem justified but preferable to a strict adherence to an urban density policy which would place twice the number of proposed units in an area not well -suited to that level of density. Equal to or Better Than Neighborhood compatibility of the project has been the major issue: How to make a project with 3.0 dwelling units per acre fit onto a site and into a larger neighborhood with all of the conditions noted above. The key compatibility issue has been density. A density reduced to the level proposed permits a better plan which is sensitive to, and compatible with, existing conditions of the site and the neighborhood. The neighborhood fully supports the requested density variance and believes it to be the only way that a project could be compatible with the unique combination of features of this northern area. The proposed plan is also better because it provides a very necessary transition between all of the lower density, rural County uses and the Richards Lake PUD, a proposed City development to the south of the site (see Exhibit "A"). The Richards Lake project has 2 JUSTIFICATION FOR DENSITY VARIANCE FOR HEARTHFIRE PUD The applicant is requesting a variance from Chart A-1.12, Attachment A to Section 29-526 of the City Code requiring that the overall average residential density, on a gross -acreage basis, be 3.0 dwelling units per acre. The requested variance is for a gross acreage overall density of 1.4 dwellings units per acre, for a total of 147 residential units on this 105-acre parcel. Section 29-526K of the City Code permits the Planning and Zoning Board to grant variances from the provisions of the LDGS if the applicant can demonstrate one of four grounds for the variance. The plan for Hearthfire PUD, as submitted with the density variance request, meets the following tests, either of which is sufficient for the granting of a variance: (1) That by reason of exceptional topographical, soil or other subsurface conditions or other conditions peculiar to the site, undue hardship would be caused to a subdivider by the strict application of any provisions of this section; (2) That the plan as submitted is equal to or better than such plan incorporating the provision for which a variance is requested. Conditions Peculiar to the Site There are a number of conditions of the site and its surrounding area which support the granting of a density variance, particularly when the conditions are considered as a whole. The project is adjacent to the northern boundary of both the City limits and the City's Urban Growth Area. It is essentially a "finger" of land reaching into an entirely rural area, being surrounded on three sides by established County development, much of which consists of large County acreages of a distinctly rural character. This fact is well illustrated in the attached aerial photo which has superimposed a computer -generated image of the project into the area (see attached Exhibit "A"). Given the site configuration and the nature and character of the surrounding uses on three sides, it is extremely difficult, if not impossible, to accommodate urban density development on the site and have it be considered compatible with the large surrounding neighborhood of a very different density and character. This problem is made even more difficult by existing conditions on the site as well as constraints imposed by off -site conditions. There are three wetland areas, two on -site and one immediately adjacent to the project. All of these will be preserved as important wetland linkages to the larger ecosystem. The project is also adjacent to Richard's Lake. Sensitivity to, July 19 1996 Mr. Steve Olt City of Fort Collins Current Planning 281 N. College Ave. Fort Collins, CO 80522-0580 RE: Hearthfire P.U.D. Variance Requests Dear Steve, The Developers of the Hearthfire P.U.D. are hereby requesting the following variances with the submittal of the revised Preliminary P.U.D. 1. Request for a reduction in overall gross density from a required minimum of three du/acre to 1.39 du/acre. 2. Request for reduction in the required number of street lights from the city standards to a maximum of two lights as shown on the Preliminary Site and Landscape Plan. The developer will provide justificzti for the recttlests prior to the revision resubmitted deadline pfAugust 7, 1996. Should you have any questions, please feel free to call me. Sincerely, Tom Dugan cc: Lucia Liley Hearthfire Submittal �;m Sell D ,g. ' .. a05A 00484.1921 I MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW ARTHUR E. MARCH. JR. RAMSEY D. MYATT ROBERT W. BRANDIES. JR. RICHARD S. GAST LUCIA A LILEY J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON. Mr. Steve Olt Planning Department City of Fort Collins 281 North College Avenue Fort Collins, Colorado 110 EAST OAK STREET I/ ' ARTHUR. E. MARCH 1909-1981 MAILING ADPRESS: P.O. BOX 69 FO T COLLIN 0052Z_0469 J �-- Io VIA HAND DELIVERY RE: Hearthf ire PUD/Justification for Density Variance Request Dear Steve: On July 19th, Jim Sell's office submitted the revised preliminary plan for Hearthfire PUD along with a request for a density variance of 1.4 dwelling units per acre. In that letter, which is attached, it was stated that the justification for the request would be submitted prior to August 7, 1996. The enclosed document is intended to be the justification for the density variance. The street lighting request is an administrative process handled by the City Engineer and will be submitted directly to Gary Diede. Please let me know if you would like a copy of that request for your files. Please let me know if you need anything further in connection with the density variance. By: LAL/glr Enclosure . cc: Bill Yunker Jim Sell Sincerely, MARCH & MYATT, P.C.