Loading...
HomeMy WebLinkAboutWATERFIELD PUD - PRELIMINARY - 7-95B - SUBMITTAL DOCUMENTS - ROUND 2 - VARIANCE REQUEST (3)s Planning and Zoning Board May 8, 1997 Page 4 accommodate the City's long range transportation plans to widen Vine Street and Summitview Road and extend Conifer Street; (v) the location of higher density residential along arterials to support future transit needs; and (vi) the promotion of well -planned growth in North Fort Collins. In conclusion, the developer believes that the strict application of the solar orientation ordinance would render the Waterfield P.U.D. practically unfeasible because it would be either unacceptable to the City or without sufficient points to merit approval. We request, therefore, for all the reasons cited above that a variance from the requirements of All Development Criteria A-1.1 be granted. Sincerely, MARCH & MYATT, P.C. r By: Gf�P�Ct L i A. Lile LAL/jpk pc: Jim McCory, Manager Country Club Farms, L.L.C. Planning and Zoning Board May 8, 1997 Page 3 Equal To or Better Than [§29-526(K)(3)] The proposed Waterfield P.U.D. site plan is better than a plan that would strictly comply with the solar orientation criterion. The only way this developer sees to achieve 650-. solar -oriented lots, while still complying with the City's street standards, right-of-way requirements, storm drainage and natural resources requirements, is to replace or reduce one or more of the project features with additional north -south oriented single-family lots. The result of compromising any of the project's features would be more detrimental to the project than having 16% fewer solar - oriented lots than the criterion requires. For example, the City has made the provision of affordable housing for its citizens a priority. A reduction in the size of either affordable project in Waterfield P.U.D. would jeopardize the availability of their tax credit financing and contracts with the purchasers and developers. The Senior Cottages and the Bull Run Apartments must be approved as. proposed, or there will be no affordable component to Waterfield P.U.D., contrary to the City's stated goals. The small business services center within Waterfield P.U.D., which is envisioned to include at least a convenience store, a daycare facility and a retail use, will conveniently meet several needs of the Waterfield community and reduce vehicle trips to and from the project for such needs. The school site meets a short term need of the Poudre R-1 District, provides a neighborhood school for the Waterfield community, and assists the school district in its long-range plan to accommodate growth in the northeast, which the City has promoted for years. Finally, the neighborhood park location complements the school site and will likely be a well -utilized facility, similar to Troutman Park. The loss or reduction of any of these components of Waterfield P.U.D. would result in a less desirable project to the developer, the Waterfield community, the City, the Poudre R-1 School District and the citizens at large. Substantial Benefit to the City f§29-526(K) WT The City will benefit substantially from approving the Waterfield P.U.D., as proposed, with a variance from the solar orientation requirements, because the project includes several features which help satisfy defined community needs: (i) preservation of wetlands and wildlife habitats; (ii) provision of long-term affordable housing for families and senior citizens; (iii) provision of a neighborhood park site and an elementary school site in close proximity to residential areas and preserved natural areas; (iv) sufficient right-of-way dedications to Planning and Zoning Board May 8, 1997 Page 2 the site which limit the design include a 75-foot wide power line easement traversing the northwest part of the site, the existence of a maintenance road adjacent to the Larimer and Weld Irrigation Ditch, the construction of a majority of County Road 11 on the site and the significant amount of road right-of-way that has been required for the City's future extension of Conifer Street and the City's future improvements to Vine Street and Summitview Drive. Finally, a zoning condition was imposed upon the Waterfield property which requires the developer to achieve a density of at least six dwelling units per net developable acre. The limitations imposed by these conditions, when coupled with the most effective placement of several project features (school, park, business services and affordable housing) have prevented the developer from providing more east -west streets, and thus a higher percentage of solar -oriented lots. Neither is it an option, because of the density restriction, for the developer to reduce the number of single family lots so that fewer lots would satisfy the solar orientation requirement. To require strict application of the technical solar requirement, the developer would be forced to accommodate the peculiar conditions in a less desirable way or reduce the density, neither of which are desirable or even permissible. Exceptional Difficulties Regardina Solar Orientation [§29- 526(K)(2)] After determining the optimal locations within the Waterfield P.U.D. for the school, park, business services and affordable housing and, considering the site constraints outlined in the previous paragraphs, it was not possible to design the remaining property with more east -west streets for solar -oriented single family lots. The narrow areas east and west of the wetland and buffer are north -south oriented and unable to accommodate additional east -west streets. The area north of the Conifer Street right-of-way and the power line easement is not useable for residential lots because of its irregularity and access constraints. Finally, the area between the Larimer and Weld Irrigation Ditch and the Senior Cottages portion of the site is too narrow for parallel east -west streets without either violating the mandatory street design standards or creating numerous very shallow lots. In any event, this option would net too few solar -oriented lots to meet the solar requirement. The exceptional difficulties of this site make compliance with the solar orientation requirements a hardship. MARCH & MYATT, P.C. ARTHUR E. MARCH, JR. ATTORNEYS AND COUNSELORS AT LAW RAMSEY D. MYATT 110 EAST OAK STREET ROBERT W. BRANDES, JR. FORT COLLINS, COLORADO 80524-2880 RICHARD S. GAST (970) 482-4322 LUCIA A. LILEY TELECOPIER (970) 482-3038 J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS May 8, 1997 Planning and Zoning Board City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80521 Re: Waterfield P.U.D., Preliminary Request for Solar Orientation Variance Dear Planning and Zoning Board Members: ARTHUR E. MARCH 1908-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522-0469 This firm represents Country Club Farms, L.L.C., the owner and developer of the Waterfield P.U.D. We request, pursuant to L.D.G.S. §29-526(K)(1) through (4), that Waterfield P.U.D. be granted a variance from the strict application of the solar orientation requirement of L.D.G.S. Criteria A-1.1, which would require that at least 656 of the applicable lots in the development be solar -oriented., The total gross acreage of the Waterfield project is 140.09 acres. Of the total, approximately 40% is reserved for wetlands preservation, open space, a neighborhood park site, a public school site, utility easements, buffer areas, on -site detention and road rights -of -way. The remainding acreage includes a small business service center and 296 units of affordable housing, which are not subject to the solar orientation requirement, and finally, 187 single family lots to which the criterion applies. Ninety-two (92) or 490 of the single family lots conform to the definition of solar -oriented lot. Although the site plan has been designed to achieve the maximum number of solar -oriented lots, we have less than 65% and therefore, request that the Planning and Zoning Board grant a variance of this requirement for the reasons cited below: Exceptional Conditions Peculiar to the Site [§29-526(K)(1)1 The site of the Waterfield P.U.D. includes several natural conditions which affect the design of the site plan, including a significant wetland and buffer area, a City park, a Poudre R-1 schoolsite, the Larimer and Weld Irrigation Ditch, and natural drainage patterns that make it necessary to provide detention areas in the southwest portion of the site. Other conditions peculiar to