HomeMy WebLinkAboutWATERFIELD PUD - PRELIMINARY - 7-95B - SUBMITTAL DOCUMENTS - ROUND 2 - VARIANCE REQUESTMAY-13-97 TUE 04:28 PM P.04/04
Planning and Zoning Board
May 13, 1997
Page 3
that the mixed use nature of the project would meet a stated
purpose of its Low Density, Mixed -Use Neighborhood zoning, which is
to combine housing with "complementary and supporting land uses
that serve a neighborhood".
In addition to satisfying City policy goals, Country Club
believes that is makes good planning sense to provide neighborhood
services within the neighborhood. Waterfield P.U.A. will include
176 units of affordable housing designed for families; this segment
of the Waterfield community could benefit significantly from a
daycare facility and a convenience store. In fact, all of the
residents and the City at large will benefit from the reduction of
vehicle miles travelled if the Waterfield community can access some
of the necessary services within blocks of their home.
For all of the reasons cited above, County Club requests that
the Planning and Zoning Board grant a variance from the
requirements of Criteria 2, Activity J, Neighborhood Convenience
Shopping Center, on the basis that the plan proposed for Waterfield
P.U.D. is equal to or better than a plan in compliance with the
criteria, pursuant to §29-526(K)(3). Thank you for your
consideration.
Sincerely,
MAR('H 9 MYATT. P-C_
LAv/jpk
pc: Jim McCory
Cathy Mathis
MAY-13-97 TUE 04:28 PM I P.03/04
Planning and Zoning Board
May 13, 1997
Page 2
maximum applicable points on Point Chart "J". Points were earned
for a majority of the categories, including being located at the
intersection of an arterial and collector street with primary
access taken off the collector; containing two or more different
uses; being located on at least three gross acres of land; being
located at least 3/4 mile from another center; and being located in
"north" Fort Collins.
The Waterfield Center was not permitted to take points for
Criterion f. Because Country Club is creating a new Center in
order to provide necessary services to its residential development,
it cannot meet the strict technical interpretation of the language
of Criterionf., which requires the Center to be "continguous to
and functionally part of an existing or approved neighborhood
shopping center".
Points were also not awarded to the Waterfield Center under
Criterion i., which permits neighborhood convenience shopping
centers to earn points for implementing energy conservation methods
in the buildings of the center under one of two methodologies.
However, with the recent adoption of the City's new Model Energy
Code, the requirements have become so stringent that it is very
difficult, if not impossible, to achieve all or a part of the
points available in this category. The staff is considering a Code
change to eliminate this category, but until, that occurs these
possible points must be included in the total percentage required.
Additional points, awarded under either Criterion f, or
Criterion i., would give the Waterfield Center a total of either 42
points (68%) or 40 points (650), respectively, clearly satisfying
Criteria 2. In an alternative analysis, deleting both categories
from the number of maximum applicable points would give the Center
32 of 44 points, or 73%, again exceeding the minimum of 65s Since,
however, it has been the City's practice to abide by the strict
interpretation of these criterion, the granting of a variance is
necessary_
Mixed Use
It is a long-standing policy goal of the City to promote the
creation of mixed use neighborhoods where residents have business
services available in the close vicinity. Both the former Goals
and objectives and the Land Use Policies Plan, in addition to the
newly adopted City Plan' Principles and Policies, emphasize the
desirability of having neighborhoods which include support services
which meet some of the needs of daily life. More specifically,
both the City Structure Plan and the Zoning Map adopted in March of
this year designate the Waterfield site as a Low Density, Mixed -Use
Neighborhood. Although the Waterfield P.U.D. is not being
procee3sed under City Plan requirements, it is interesting to note
MAY-13-97 TUE 04:28 PM
P. 02/04
ARTHUR E. MARCH, JR.
RAMSEY O. MYATT
ROBERT W. SRANDW JR.
RICHARD S. GAST
LUCIA A. LILEY
J. BRADFORD MARCH
LINDA S. MILLER
JEFFREY J, JOHNSON
MATTHEW J. DOUGLAS
MARCH & MYATT, P.C.
ATTORNEYS AND COUNSELORS AT LAW
110 EAST OAK STREET
FORT COLUNS, COLORADO 8052n 2880
18701 A82-4322
TELECOPIER I9101 482.3038
May 13, 1997
Board Members
Planning and Zoning Board
City of Fort Collins
300 Laporte Avenue
Fort Collins, Colorado
Re: Waterfield P.U.D., Preliminary
Request for Point Chart Variance
Dear Planning and Zoning Board Members:
ARTHUR E. MARCH
1908-1991
MA41NU ADDRESS:
P.O. BOX 40
FORT COLONS, CO 80522-0409
VIA FACSIMILE TO:
416-2020
.On behalf of the developer, Country Club Farms, L.L.C.
("Country Club"), we request that the Board approve this request
for a variance from Criteria 2 for Activity J, Neighborhood
Convenience Shopping Center, which reads as follows:
Does the project earn at least sixty-five
(65t) percent of the maximum points as
calculated on Point Chart IIJII for the
following criteria?
As grounds for this request, Country Club asserts that granting the
variance would neither be detrimental to the public good nor impair
the intent and purposes of the L.D.G.S. and, that the plan
submitted for Waterfield P.U.D. is equal to or better than a plan
which would meet the criterion pursuant to §29-526 (K) (3) .
Waterfield P.U.D. is being processed under the L.D.G.S. pursuant to
Section 6, Ordinance No. 161, 1996 (the "Transition Ordinance").
Country Club offers the following evidence in support of its
request.for a variance:
Point Chart "J'"
The Waterfield P_U.D. contains a neighborhood convenience
shopping center (the "Center") adjacent to East Vine Street which
will include a convenience store, a daycare facility and a building
for retail uses. The Center earns 32 points, or 51.60 of the