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HomeMy WebLinkAboutWOODLANDS PUD - ADMINISTRATIVE CHANGE - 27-95 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSCity of Fort Collins Planning and Zoning Board May 26, 1995 Page 4 2. Our calculations indicate a greater than 3% change in open space. 3. Building D appears to encroach approximately 5 feet into the setback along Shields Street. 4. A review of the interior parking lot landscaping appears that the revised parking lot does not provide the minimum 6% interior landscaping required by the City of Fort Collins' Parking Lot Development Guide. 5. In addition, the neighbors believe the developer has misled the community in representing that public hearings would be held to discuss the proposed administrative change to the PUD. In fact, the representations were made at a public meeting involving funding for Colorado Division of Housing fund on or about April 17, 1995. 6. Finally, it is the belief of the neighbors that the project's change in occupancy is [1] a change in the character of the development, and may well have an adverse impact through [2] an increase in the problems of traffic circulation and public utilities. Accordingly, the appellants request a hearing before the Planning and Zoning Board at the earliest possible time. Please feel free to contact me directly if you have any questions or comments. Sincerel yours, David M. Herrera City of Fort Collins Planning and Zoning Board May 26, 1995 Page 3 The Woodlands Condominiums PUD was originally approved on or about August 5, 1980. Therefore the criteria for the definition of "Major Change" is found at the Code of the City of Fort Collins §29-526(F)(6)(d). You will note that the four reasons cited for our argument that the changes proposed are major changes to the planned unit development are the same as defined in the code.. Therefore, we believe it was error and abuse of discretion to administratively approve the proposed changes. Accordingly, we respectfully request that the City of Fort Collins Planning and Zoning Board review the administrative approval pursuant to the Code of the City of Fort Collins §2-353(4). In further support of this appeal, the appellants assert the following facts: l 1. The submitted amended site plan appears to have incorrect numbers for the building areas according to building type. The new numbers are calculated using building envelope measurements (as was done in the original PUD approval) from the plans as follows: Building areas: Type 1 (70' x 150') x 4 = 28,000 sq. ft. Type 2 (100' x 150') x 3 = 45.000 sq. ft. Total sq. ft. of buildings = 73,000 sq. ft 1 Acre = 43, 560 sq. ft. 73,000 _ 43,560 sq. ft = 1.67 COVERAGE Acres New Percentage Change from Site Plan Buildings 1.67 17.09% 4.49% Street ROW 2.90 29.59% 1 .00% Parking and Drives 1.44 14.69% -.01 Opens Space Active Residual 2.86 .93 29.13% 9.49% 4.57% -.01% Suite 890, Savings Building Its S. Howes Fort Collins, Colorado 80521 May 26, 1995 DcMUvl5 �g MAY 2 6 ,995 DavlJ 1' ��q 1. Herrera i Attorney AnA Counselor At Law 22 LAA, 30) 482-6692 Fa: (303) 482-6964 Planning and Zoning Board c/o Mr. Bob Blanchard, Current Planning Director City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 - 0580 RE: Appeal of Administrative Approval of Change to 60-79B Woodlands Condominiums PUD 2nd Filing Dear Planning and Zoning Board Members: I represent property owners in the neighborhood adjacent to the above referenced project. I have been informed that Mr. Blanchard approved an administrative change to the approved Woodlands PUD on or about May 12, 1995. As noted in previous correspondence to Mr. Blanchard, it would appear that the owner of the subject property has substantially undertaken and completed the development of engineering improvements through the installation of water, sewer, curb, gutter, sidewalk, street lights, fire hydrants, and storm drainage and therefore apparently has vested rights. In the course of fact finding on this matter, it has been revealed that the final approval file has been misplaced. We do not know, therefore, whether the final approval was conditional and, if so, whether the conditions have been satisfied. We believe it is imperative to answer the question of whether conditions were imposed and not make the assumption that all conditions have been satisfied and that rights have vested. I understand the -following facts are not in dispute: 1. The project, originally approved as "Woodlands Condominiums PUD", is now known as "Woodlands PUD 2nd Filing". 2. The project, originally approved as condominiums, is now proposed as apartments. 3. The representatives of Kaufman & Broad, propose to change the site plan to include modifying a building, changing Building A, Type 1, to add a recreational facility. 4.. The representatives of Kaufman & Broad, also propose to change the unit mix as follows: U (� Activity A: ALL DEVELOPMENT CRITERIA ALL CRITERIA I APPLICABLE CRITERIA ONLY s the criterion WII the criterio I applicable? be satisfied? CRITERION X a >I Yes No If no, please explain L _<` A1. COMMUNITY -WIDE CRITERIA. 1.1 Solar Orientation I I I I I I 1.2 Comprehensive Plan Wildlife Ha. bit2i I✓1 1.4 Mineral Den. -sit I I✓I 1..E=cologic2liy Sensitive Areas Ire erved I I I 1 .52 Lends of Agricultural Imoortance I reserved I 1.7 Enemy Conservation I I I I I 1.B Air Qualitv II JV/1 Water Quality I I I I I -Irr yes o o ,➢11t la v o-wau'- Inc v`, asies I I I✓ I I Water nonsenyatin 1.12 residential Densitv I I I ? A. _ N=1G-iB0?-00D COMPAT13ILITY CR1TERIAI 2 V�nic iar. Peg=str2n Bike 'I ransoor2tion I I ✓I I I/I _ _url,anc P!acElnent and Orientation I✓I I 2 Nature! ^eat, ,res I I I✓ I I 2 4 ✓e^lG1 ;2r Clrc;l;atlon and Parking I ! _%. .. ";icrnency ,��, ess I 2._ r-edesman Circu;adon I I✓I I Al/ j I _.7 Arc: aecrure i l l s I I HEE Buliding �ieicn: and Views I I I i I I ' 2._z Shadina I I✓I 2.10 Solar Access I I I ✓I I I .- 2.11 Historic Resources I I I I I 2.12 Setbacks I✓ 2.13 Landsc2oe I I I I I —.14 Si ns I I I I I I 2.1 c Site Llchtina I I I✓� 2.10 Ncise and Vior -a,;on 2.17 Glare or Heat I I I ✓ 2.18 Hazardous Materials I ( I ✓I A 3. ENGINEERING CRITERIA 3.1 Utility Capacity ' 2 Desion Standar-is elu 3.3 Water Hazards I I✓ . 3.4 Geologic Hazards I I I I _ Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised 1994 %-�VSr -61- w2s; Y IM _ .:A. ".11. ... zvw ----------- FINAL SITE PLAN WOODLANDS �] Jl) CONDOMINIUMS Apppa""OMIWS -C� DAY 0IA_,j"jLr�jq@o I Allwrrqoe-4��,k I ACTIVE OPEN•``_-_ `)FUTURE I II 1.07 AC._.v" COMMERCIAL TRACT ACTIVE OPEN I y' 1.33 AC — (1 0.12 AC ` 1110.M`, SON I I ]O' MI.wtO[ Ft]tM[xt _HARWNY ROAD .t SITE PLAN fa ao nR, ,. w.•am nm. YO/tl .LK n^ r.e. 1»mo .40.0 A.YO...Mw 11.�i .^<R•gl<yR <. nIC .)rMav[e ON IM—o.< or n— tv KAIIIMANARROAO d 1 FORT COLLMI FAMILY , j APARTMENTS i • MNfi-NpRRAi1HON • II I . DAD MAY I.I.M . 1 . YI1 M1hnR �' . .i e a f WVUULHNUS No Text Appeal of an Approval of an Administrative Change for Woodlands PUD, 2nd Filing, #27-95 June 26, 1995 P & Z Meeting Page 8 landscaping required by the City of Fort Collins Parking Lot Development Guide. Staff's review of the interior landscaping in the parking areas indicates that there is approximately 5% landscaping in the islands immediately adjacent to the parking and driveways (based on best measurements from the Site Plan). Historically, in a P.U.D. setting, the interior landscaping requirements have been able to be varied if the project is considered to provide incentives such as low income housing, energy conservation, or other important goals of the City. The purpose of the L.D.G.S. is to improve the public health, safety, and welfare by encouraging innovations in land development, and improve the design, quality, and character of new development. 5. In addition, the neighbors believe the developer has misled the community in representing that public hearings would be held to discuss the proposed administrative change to the P.U.D. In fact, the representations were made at a public meeting involving funding for Colorado Division of Housing fund on or about April 17, 1995. 6. Finally, it is the belief of the neighbors that the project's change in occupancy is [11 a change in the character of the development, and may well have an adverse impact through (21 an increase in the problems of traffic circulation and public utilities. The appellant's perceived "change in occupancy" should have no bearing on the character of the project. By virtue of changing the name of the project from condominiums to apartments does not necessarily change the nature of the residents in a multi- family residential project. FINDINGS OF FACT/CONCLUSIONS: The. proposed changes to the Woodlands Condominiums P.U.D. are considered to be "minor" and may, according to Section 29- 526.F.(6)(a) L.D.G.S. of the City Code, be approved administratively by the Director of Planning. On May 12, 1995, staff approved the administrative change request submitted by Kaufman and Broad Multi -Housing Group, Inc. Staff did not error and abuse its discretion in administratively approving the proposed changes. Appeal of an Approval of an Administrative Change for Woodlands PUD, 2nd Filing, #27-95 June 26, 1995 P & Z Meeting Page 7 [21 An increase in the problems of traffic circulation and public utilities. [31 A reduction by greater than three (30-.) percent of the approved open space. [41 An increase of greater than two (2%) percent in the approved gross leasable floor areas of commercial buildings in either residential or commercial planned unit developments. [51 An increase by greater than one (1°s) percent in the approved number of residential dwelling units. Therefore, the changes are considered to be "minor" and may, according to Section 29-526 L.D.G.S. of the City Code, be approved administratively by the Director of Planning. Staff did not error and abuse its discretion in administratively approving the proposed changes. In further support of this appeal, the appellants assert the following facts: 1. The submitted amended site plan appears to have incorrect numbers for the building areas according to building type. Staff is unable to determine how the appellants arrived at the numbers for the building areas according to building type. 2. Our calculations indicate a greater than 3% change in open space. As noted above, staff does not agree that there is a greater that 3o_change in open space, either increase or reduction. 3. Building D appears to encroach approximately 5 feet into the setback along Shields Street. The original P.U.D. plan does not specify any setbacks along Shields Street, other than a measured distance. Staff agrees that Building D on the new P.U.D. plan measures approximately 5' closer to the street; however, the closest corner of the building measures 40' from the street curbline, which is considered to be an adequate setback in addition to the proposed berming and landscaping. 4. A review of the interior .lot landscaping appears that the revised parking lot does not provide the minimum 6% interior Appeal of an Approval of an Administrative Change for Woodlands PUD, 2nd Filing, #27-95 June 26, 1995 P & Z Meeting Page 6 additional parking spaces for the new unit mix in the complex. The total of the area for the building envelopes and additional parking on the new P.U.D. plan is 55,372 square feet. This is 1,412 square feet less than the area for the building envelopes and parking on the original P.U.D. plan. City Code defines "Active Open Space" as a parcel of not less than 10,000 square feet and not less than 50 linear feet in the smallest dimensions. "Residual Open Space" is interpreted to be the remainder of the area outside of the parking areas, other hard -surface areas, and building envelopes. The open space area on the new P.U.D. plan increases by 11; of active open space and by 0.8% of total open space (active and residual) over the original P.U.D. plan. (41 An increase of greater than two (2%) percent in the approved leasable floor areas of commercial buildings in either residential of commercial planned unit developments. Staff Response: The proposed Woodlands Apartments P.U.D. is entirely a residential project. The City does not interpret rental apartments to be commercial in nature. Multi -family housing, in all forms, is residential. The proposed manager's office, rental office, mail room, kitchen retreat, a party/game/assembly room, and an attached laundry room constitute approximately 1/3 to 1/4 of one building and will be provided for the use of the residents of the complex only. These are considered to be auxiliary uses for the apartment complex and not "leasable floor area of commercial buildings". Additionally, the overall floor area in the complex will decrease from 110,200 square feet to 106,044 square feet, constituting a 3.8% decrease in floor area (by whatever definition). We believe it was error and abuse of discretion to administratively approve the proposed changes. Staff Response: The proposed changes to the Woodlands Condominiums P.U.D. do not include any of the following: [11 A change in the character of the development. Appeal of an Approval of an Administrative Change for Woodlands. PUD, 2nd Filing, #27-95 June 26, 1995 P & Z Meeting Page 5 Staff considers the "character" of a development to be primarily defined by the land use and some design factors. In this case, the land use remains "multi -family" as approved in 1980. Therefore, the proposed changes are considered to be in significant conformance with the original, vested P.U.D. plan and staff does not consider this plan to be a change in character of the development. [2] An increase in the problems of traffic circulation and public utilities. Staff Response: The City Transportation Department has evaluated the proposed changes to the development and assessed the traffic circulation based on the assumptions made in the original traffic study, along with the level of operation of the streets and intersections in the affected area at present. The streets and intersections will function at a level of service that is acceptable except for isolated rush hour times during the day. An updated traffic study will be submitted by Kaufman and Broad for review by the City. There are City utilities in the areas surrounding the subject property. The changes approved administratively will not increase nor decrease the "problems" on the public utilities. The project as now proposed will essentially be the same project that was approved in 1980. Updated utility plans will be submitted by Kaufman and Broad for review by the City to ensure compliance with current standards. [3] A reduction by greater than three (3%) percent of the approved open space (estimate based on additional building and increased parking spaces). Staff Response• The area of site coverage for the 7 building envelopes on the original P.U.D. plan that was approved in 1980 is 56,784 square feet (including two administrative changes approved on December 11, 1980 and February 18, 1981 and as shown on the recorded final woodlands Condominiums P.U.D. Site Plan). The total open space is 4.23 acres (3.3 active, 0.93 residual). ;The area of site coverage for the 7 building envelopes on the administratively approved P.U.D. plan (May 12, 1995) is 53,707 square feet. In addition, 1,665 square feet of new pavement is being provided to account for the needed Appeal of an Approval of an Administrative Change for Woodlands PUD, 2nd Filing, #27-95 June 26, 1995 P & Z Meeting Page 4 Final file (#60-79B). Based on the research that was done on the development approval on the property, and at a time when the Final file could be located, a letter dated December 1, 1994 was written to Kaufman and Broad indicating the status of the project. This letter, in part, states that: "This development has undertaken "significant activity" within two years of the date of approval; therefore, the approved P.U.D. plan is valid and the residential dwelling units can be constructed as approved." The changes proposed by Kaufman & Broad are "major changes" in that they involve the following: [1) A change in the character of the development. Staff Response: The P.U.D. plan approved by City Council in 1980 contained 60 1-bedroom and 60 2-bedroom dwelling units, for a total of 120 dwelling units on 9.8 acres (presumably including a future commercial tract as shown at the east end on the Site Plan). The original P.U.D. plan allows dwelling units (60 1-bedroom, 60 square feet on three floors. for 7 buildings containing 120 2-bedroom) that total 110,200 The plan approved administratively in May, 1995 allows for 7 buildings containing 116 dwelling units (14 1- bedroom, 66 2-bedroom, 36 3-bedroom) that total 106,044 square feet on three floors. One building will contain a management/rental office and small recreation facilities for use by the residents of the apartment complex. The original P.U.D. plan was approved for building heights of 40'. The buildings were to be predominantly of wood siding with masonry (stone) trim along the lower 1/4 of the exteriors. An administrative change approved on October 21, 1980 allows for 4 of the 7 buildings to be increased from 40' to 41.5' and 44.5' in height (as shown on the recorded final Woodlands Condominiums P.U.D. Site Plan). The plan approved administratively in May, 1995 specifies the maximum building height to be 40, from average finish grade. These buildings are to be predominantly of wood siding with a significant amount of masonry (brick) trim on all elevations. Appeal of an Approval of an Administrative Change for Woodlands PUD, 2nd Filing, #27-95 June 26, 1995 P & Z Meeting Page 3 as provided in Section 2-47 of City Code. A change to a P.U.D. submitted prior to March 13, 1981, is considered to be "minor" .if it does not include the following: [1] A change in the character of the development. [2] An increase in the problems of traffic circulation and public utilities. [3] A reduction by greater than three (316) percent of the approved open space. (4] An increase of greater than two (2%) percent in the approved gross leasable floor areas of commercial buildings in either residential or commercial planned unit developments. [5] An increase by greater than one (1%) percent in the approved number of residential dwelling units.,. r, 2. The Appeal: An Appeal of the Administrative Approval of Change to the Woodlands Condominiums P.U.D., Second Filing (City File #60-79B)`-was receivve'd by the Planning Department on May 26, 1995, stating that on May 1995, the Planning Department granted, without further review, the "minor changes" proposed by Kaufman & Broad. The appeal. alleges that (excerpts from the appeal in bold type): In the course of fact finding on this matter, it has been revealed that the final approval file has been misplaced. We do not know, therefore, whether the final approval was conditional and, if so, whether the conditions have been satisfied. Staff Response: The City's Senior Planner and head of Planning's Development Review in 1993 placed a hand written note dated May 19, 1993 in the Woodlands P.U.D., Phase II - Preliminary file (#60-79A) that states: "This project is still considered a "valid" plan due to the public improvements that were installed before the 2- year approval period was up." Because approval of a preliminary plan does not enable a project to begin improvements on. -site, staff assumes that this note was to be placed in the Woodlands P.U.D., Phase II - Appeal of an Approval of an Administrative Change for Woodlands PUD, 2nd Filing, #27-95 June 26, 1995 P & Z Meeting Page 2 The subject property was part of a 26.2 acre, 48 lot single family residential and neighborhood convenience center.P.U.D. request that was denied by the Planning and Zoning Board on December 19, 1988. A request for an 8.8 acre neighborhood convenience center P.U.D. on the subject property was denied by the Planning and Zoning Board on May 16, 1989. No further development proposals (for land uses other than the 120 multi -family dwelling units) on the subject property have been requested. The development as approved undertook "significant activity" within the prescribed 2-year time period from the date of final approval; therefore, the P.U.D. plan approved in 1980 for the 120 dwelling units on 9.8 acres is considered to be valid with a vested right to construct the project. "Significant activity" was not defined in the City Code in 1980. Subsequently the term was changed to "substantial completion" and in 1988 was defined in the Code to mean once regulation. This definition is still rouna in Section L7-. 526.H.(3) of the City Code. On May 12, 1995, the staff approved an administrative change request for the subject property, submitted by the Kaufman and Broad Multi -Housing Group, Inc., to allow a name change from the Woodlands Condominiums P.U.D. to the Woodlands Apartments P.U.D. Also, the new P.U.D. plan eliminates 4 dwelling units in one building (decreasing the overall number from 120 to 116) to enable the inclusion of a manager's office, rental office, mail room, kitchen retreat, a party/game/assembly room, and an attached laundry room. In addition, the unit mix changes from 60 1-bedroom and 60 2-bedroom units to 14 1-bedroom, 66 2-bedroom, 'and 36 3- bedroom units. The number of parking spaces will increase from 196 to 211 to provide adequate parking for the change in unit mix. Section 29-526.F. (6) (a) of the Land Development Guidance System (L.D.G.S.) allows "minor" changes to the P.U.D. which may be approved administratively by the Director of Planning, whereupon a permit may be issued, after being reviewed against the "All Development Criteria" as contained in subsection (D) of this section. The Director of Planning may refer the decision to the Planning and Zoning Board and, if so referred, the decision of the Planning and Zoning Board shall constitute a final decision, subject only to appeal to the City Council ITEM NO. 17 MEETING DATE 6/26/95 STAFF Steve Olt City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Appeal of the Approval of an Administrative Change to the Woodlands Condominiums P.U.D., Second Filing - #27-95 APPELLANT: David M. Herrera, Attorney and Counselor at Law (representing property owners in the adjacent neighborhood) 125 South Howes, Suite 890 Fort Collins, CO. 80521 OWNER: Scott L. Carlson 12460 1st Street Eastlake, CO. 80614 PROJECT DESCRIPTION: This is an appeal of an administrative change request for the Woodlands Condominiums Planned Unit Development (P.U.D.) Second Filing that was approved by the Planning Department on May 12, 1995. The property is located at the northeast corner of South Shields Street and West Harmony Road and is zoned RLP - Low Density Planned Residential. COMMENTS: 1. Background/History: The surrounding zoning and land uses are as follows: N: RLP; existing single family residential (Woodlands P.U.D.) S: RLP; existing community college (Front Range) E: RLP; existing single family residential (Woodlands P.U.D.) W: rlp; vacant (Pineview Overall Development Plan) The property was annexed into the City as part of the Shields - Harmony Annexation in October, 1978. The subject property was part of an 80.6 acre, 410 dwelling unit P.U.D. request that was approved by City Council on February 6, 1979. A request for a 9.8 acre, 120 dwelling unit multi -family residential P.U.D. on the subject property was approved by City Council on August 5, 1980. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 2-2I-6750 PLANNING DEPARTMENT City of Fort Collins Planning and Zoning Board May 26, 1995 Page 2 FROM: TO: Change in Number of Bedrooms 60 1 BEDROOM 14 1 BEDROOM - 46 60 2 BEDROOMS 66 2 BEDROOM + 12 0 3 BEDROOMS 36 3 BEDROOMS +108 Total Bedrooms 180 254 BEDROOMS +74 Bedrooms 6. In order to increase the number of bedrooms as proposed, either the building footprint must change or the height of the buildings must change. The original site plan imposed height restrictions by building type. 7. Two new building types are proposed. 8. The number of required off site parking spaces provided for in the original plan is 196 spaces. 9. The minimum number of offsite required parking spaces necessary to conform to code, without variance is 215. ( Fort Collins Code §29494) calculated as follows: Bedrooms Calculations 1 14 x 1.50 = 21 spaces 2 66 x 1.75 = 115.5 spaces 3 36 x 2.00 = 72 spaces TOTAL = 208.5 spaces. 10. On May 12, 1995, the planning department to granted, without further review, the "minor changes" proposed by Kaufman & Broad. We believe the changes proposed by Kaufman & Broad are "major changes" in that they involve the following: [ 1 ] A change in the character of the development. [2] An increase in the problems of traffic circulation and public utilities. [3] A reduction by greater than three (3%) percent of the approved open space (estimate based on additional building and increased parking spaces). [4] An increase of greater than two (2%) percent in the approved gross leasable floor areas of commercial buildings in either residential or commercial planned unit developments.