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HomeMy WebLinkAboutWATERGLEN PUD - FINAL ..... APPEAL TO CITY COUNCIL - 71 93B - CORRESPONDENCE - CITY COUNCIL (3)m w the applicable criteria in the L.D.G.S., staff believes that the Planning and Zoning Board properly interpreted and applied relevant --- - - provisions o e o?le and in its evaluation of the Waterglen P.U.D. proposal. E. The Planning and Zoning Board considered evidence relevant to its findings which vas substantially false or grossly misleading. . obviously, we claim that it is grossly misleading to say that this development is in accordance with the adopted elements of the Comprehensive Plan. Within that claim, much misleading information has been included. Two examples follow: It is grossly misleading to say that we now have adequate public transportation because the developer proposed the 11possibleff use of Gitney bus without a long term commitment by either the developer or the City to this transportation system. A member of the Board stated that the proposal of a Gitney bus was critical to make the project work. Since the storm drainage solution is obviously not complete according to the testimony of staff, and since we feel that it is likely that Boxelder Creek itself is the storm drainage location that the developer has in mind, and since the Creek itself is already prone to flooding, during a big storm there would not be any storm drainage! It is misleading for staff to imply that this not a serious problem or that the criteria have been met. Staff Response: The Gitney bus concept was offered by the developer, on a trial basis, as a method to provide an alternative mode of transportation between the Waterglen P.U.D. and services and facilities in the City. The Planning and Zoning Board accepted the offer made by the developer and placed a condition on their final approval relating to the timing and responsibility for this transit service. At no time did the development proposal receive points for being contiguous to an existing transit route on any of the applicable point charts in the L.D.G.S. - The Stormwater Utility's response to the allegation about incomplete storm drainage solutions is the same as its response to the afore -mentioned allegation D, criterion A-3.4 Geological Hazards, which is an "absolute requirement" in the L.D.G.S. Staff believes that the Board received all relevant evidence offered by the applicant and the appellants and did not consider evidence substantially false or grossly misleading. integrating into the existing City pedestrian/bicycle system. — The—Watergie li—have—two--points --of -prima'ry—acceSS. Waterglen Drive (a local collector) and Elgin Court (a local street) will intersect with East Vine Drive on the. south side of the development. These two streets will be looped via Waterglen Place (a local street) with a connection, for emergency vehicles only, through the parking areas for the proposed neighborhood park at the northwest corner of the development. r., �i I` * The Waterglen P.U.D. will provide 577 total dwelling units and be home for approximately 11400 people (2.43 persons/dwelling unit). As a comparison, the 1990 census shows the City of Berthoud to have had a population of 2,900 people at that time and Berthoud today has a population of 3,300 people. Water and sanitary sewer utilities for this development will be served by the East Larimer County Water District and the Boxelder Sanitation District. Both Districts have the service capacity, can extend existing facilities to this site, and can provide adequate pressure to serve the Waterglen P.U.D. development. The Larimer and Weld Canal (Eaton Ditch) borders the 'Waterglen P.U.D. development to the west and north. This is one of several major ditches in the City of Fort Collins Urban Growth Area that are bounded by and impacted by existing residential development. Residential development adjacent to these irrigation water providers is not a unique circumstance in the City and does not ap ear too present a significant safety hazar�� O� - ��c�nnti.Q u..�.�/.f,1.n.-n�...�- c•vw..�aliw.., u_...Pt � Gctnte✓F�/ un..�cx /�-w r+..v The developer's a gineer has pro se improvements to the Boxelder Creek and Cooper lough flood ins. They do take into account the G potential Boxelde Creek ills.up to the 100 year event.ls(�� ggesed-- engine er g by the City Stormwater � + Utility_ a all the Federal, State, and City requirements The only remaining question is in regards to the proposed day car - and office/clubhouse uses in existing buildings.. The concern is about- high velocities in the temporary, channelized area that may { require armoring to protect the existing buildings. An option Gis to t locate the buildings outside of the channeled. area..y�;,�, _ e,Yr""�^`° 11 The Boxelder Creek ovezr rf ow wises the future ;> - -- - rBoxeZder master plan- is o redirect flows o ,Boxelder Creek e- , east of Interstate 25, thereby eliminating the flows in this developmen At the time of Final Planning and Zoning Board approval, the drain a and floodplain proposal was acceptable to the Stormwater Utilit , realizing that*r"VM1tS still necessary to receive fi 1 utili�� ty plan approvaa;,,-�� The stated criteria are numbered criteria anti are 'absolute requirements" for approval of a development. Based on the P.U.D. uv b.4 AA�"a. Wa, .AAu ua.vaw ...a .A., Jy r........ __F —.— — — — — — — ----1 provided by the applicant with the development review request, and 43c; page 50, policy 84. -- - - -'-- ---- ---- d. Reduction of vehicle miles See page 41, policy 49; page 49, policy SO. e. Expansion of services by Special Districts should help produce a concentrated urban land use pattern See page 33, policies 30 and.31. f. Encourage non-residential use (agricultural open space, extraction, etc.) of flood prone areas See page 42, policies 53 and 54. Staff response: Staff believes that the Planning and Zoning Board considered the elements of the City's Comprehensive Plan, the applicable policies of the Land Use Policies Plan, the applicable criteria ,in the L.D.G.S., and properly interpreted and applied relevant provisions of the Code and Charter in its evaluation of the Waterglen P.U.D. development proposal. D. The Planning and Zoning Board failed to properly interpret and apply the following variable criteria: 1. Vehicular, Pedestrian and Bicycle Transportation (A-2.1) 2. Emergency access (A-2.5) 3. utility Capacity (A-3.1) 4. Water Hazards (A-3.3) S. Geological Hazards (A-3.4) Staff Resyonse• The City Transportation Department was an integral part of the review process from concept review through the Planning and Zoning Board's final approval of the development proposal. Their evaluation of the required traffic study indicated that, with the required improvements to East Vine Drive from the Waterglen P.U.D. west to Lemay Avenue, the street system impacted by this development can handle the increased traffic volumes in the area without creating safety problems. Sidewalks will be provided along the East Vine Drive frontage and throughout the development, with the walks being detached along East Vine and Waterglen Drive (to be Vine Drive there will be space for on -street bicycle lanes on both sides of the street connecting back to Lemay Aveni}p, -thus N The L.D.G.S. contains two review criteria: numbered and lettered. ---- Numbered criteria are "absolute requirements" of the All - - -- --- - Development Criteria which must be satisfied before approval can be granted. These criteria are grouped into three criteria: (1) Community Wide Criteria, (2) Neighborhood Compatibility Criteria and (3) Engineering Criteria. The Waterglen P.U.D. was evaluated against and considered to meet the applicable All Development Criteria. The lettered criteria are "variable" criteria of the system. A, development must earn a minimum percentage for the criteria on the applicable lettered point chart. The Waterglen P.U.D. met or exceeded the minimum requirements on the Auto -Related and Roadside Commercial, Neighborhood Convenience Shopping Center, and Residential Uses Density point charts. Based on the applicable criteria in the L.D.G.S., staff believes that the Planning and Zoning Board considered and properly interpreted and applied relevant provisions of the Code and Charter in its evaluation of the Waterglen P.U.D. development proposal. C. The Planning and Zoning Board failed to properly interpret and apply the Community Wide Criteria A-1.2 that asks: Is the development in accordance with the adopted elements of the Comprehensive Plan? (an absolute requirement). The Comprehensive Plants Land Use Policies specify that new development will be Judged on its ability to comply with the flood prone areas and others. In most` cases tnese pollcies were nor. met by those proposing or reviewing Waterglen. In a few cases (reducing vehicle miles and proximity to public transportation), the issues were addressed at the last minute with stopgap measures. The policies not appropriately addressed are listed by category, referencing page and policy number, or stated purpose in the case of the LDGs. Policies are referenced from the Growth Management, Environmental and Locational Policies sections of the Land Use Plan. a. employment b. Phased expansion of utilities, facilities and services See page 29, policy 16; page 31, policies 23 and 24; page 34, policy 32; page 48, policies 78 and page 49, policy 80. c. Protection of scarce resources like lands of agricultural see page 27, policy 11; page 39, policies 43a, 43b, and Zoning Board 1•considered evidence relevant to_,its findings which was substantially false or grossly misleadingl•. A. Introduction The LDGS contains two .review criteria: numbered and lettered. Numbered criteria are 11absolute requirements" which must be satisfied before approval can be granted. These criteria are grouped into three criteria: (1) Community Wide Criteria, (2) Neighborhood Compatibility Criteria and (3) Engineering Criteria. The lettered criteria are I'variablell criteria of the system. Each development must achieve a specified minimum percentage of these criteria. B. Stated Purposes of the Land Development Guidance Were Not Addressed. The Purposes not adequately addressed or complied with include: (1) To ensure that future growth and development which occurs is in accord with the adopted elements of the Comprehensive Plan and all planning policies of the City; (6) To encourage patterns of land use which decrease trip length of automobile travel and encourage trip' consolidation;' (8) To reduce energy consumption and demand; (9) To minimize adverse environmental impacts of development; (11) To foster a more rational pattern of relationship between residential, business, and industrial uses for the mutual benefit of all; (12) To encourage development of vacant properties within established areas; and finally, and most important, (13) To ensure that development proposals are sensitive to the character of existing neighborhoods. Staff Response• The Purpose Statement in Section 29-526.B. in the Land Development Guidance System (L.D.G.S.) states that "The purpose of this Section is to improve and protect the public health, safety and welfare by pursuing the following objectives" and then lists 13 objectives. The City has a goal or an aim for these objectives but they are not absolute. The Section then goes into Process, Types of Criteria, evaluatedand Evaluation of he criteria that development is, against if subject to the L.D.G.S. TO: FROM: THRU: DATE: RE: Mayor and Members of City Council Stephen Olt, City Planner Greg Byrne, Director C.P.E.S. Bob Blanchard, Chief Planner December 6, 1994 Waterglen P.U.D., Final - Appeal to City Council The purpose of this memorandum is to respond to an appeal regarding the October 24, 1994 decision of the Planning and Zoning Board granting Final approval for the Waterglen P.U.D. Section 2-48 of the City Code states: "Except for appeals by members of the City Council, for which no grounds need be stated, the permissible grounds for appeal shall be limited to allegations that the board or commission committed one or more of the following errors: (1) Relevant laws were not properly interpreted and applied. (2) The board or commission failed to hold a fair hearing by: a. exceeding its authority or jurisdiction. b. ignoring its previously established rules of procedure. C. considering substantially false or grossly I isleading evidence. d. improperly failing to receive all relevant evidence offered." I. The Appeal: Appellants Doug Rice, Roger McConnell, and Lisa Rice (Note: Bold text represents excerpts from the appeal document) GROUNDS FOR APPEAL: 1) based on Sec. 2-48(1) of the City Code, we feel that the Planning and Zoning Board failed $$to properly interpret and apply relevant provisions of the Code and Charter@'. 2) based on Sec. 2-48(2)c of the City.Code, the Planning and