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HomeMy WebLinkAboutWATERGLEN PUD - FINAL ..... APPEAL TO CITY COUNCIL - 71 93B - CORRESPONDENCE - CITY COUNCIL (5)A /V/ ni f e. Expansion of services by Special Districts should help produce a concentrated urban land use pattern See page 33, policies 30 and 31 No city services are available for water and sewage. Although it was indicated that Box Elder Sanitation District could handle the waste of 2000 people without city investment to upgrade the system, other citizens have indicated, that Box Elder Sanitation District is near capacity and already discussing asking the city for assistance. Of.Encouraae non-residential use (agricultural opens ace extraction etc) of flood prone areas See page 42, policies 53 and 54. One of the parties in interest attempted to explain that the potential for Box Elder Creek to flood has been underestimated and, because of the berm constructed by the State Highway Dept. Any flooding will be directed back towards the development. (A letter attached to the record also notes that the proposed day care center is located close to or in the flood plane and may have to be moved). We argue that this serious issue was not appropriately addressed or resolved and is complicated by storm drainage needs still apparently unresolved (see video testimony by staff). - C/ 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) The additional traffic generated by the. land uses within the project creates safety problems cannot be incorporated into the neighborhood and community transportation network without creating safety problems. Pedestrian and bicycle needs were not addressed so that opportunities for these travel modes could be integrated into the overall city pedestrian and bicycle system. 2. Emergency Access (A-2.5) The project does not provide adequate access for emergency vehicles and for those persons rendering fire protection and emergency services because there is only one major access road to the project. This is a project which will result in a population size larger than the City of Berthoud, with only one access road. V�" „,;/��i. - _ yC��.� A �-f'/�'GfJ�•�'�'9R.r�,f .'./� rlf�.��..f..dU.✓.. �✓�� / 7 tc Q "/��- leapfrog police protection, school busing, road improvements and many other costs - would be more than sufficient as an incentive for a developer to build a similar development in an appropriate location. We recognize the advantages of the type of development represented by Waterglen had it been located in the ample N.E. infill area (we understand that the current infill capacity exceeds 275,000) that would conform to our planning codes. All the appellants understand the need and will. support the effort to provide affordable housing in such places. Our case is, rather, an effort to defend the work of all the months, the wisdom of hundreds of citizens and staff members who were involved in the development of the Comprehensive Plan. We feel these policies we have referenced must now be adhered to. Meanwhile, The Waterglen plan does NOT meet the requirements for approval, and, with all due respect to the members who have in other occasions have ruled well on such proposals, this decision of the Planning and Zoning Board should be overturned. Dated this 7th day of November, 1994. Doug Rice Roger. McConnell m Ferrand MikTTTee Rice r Krim Rice Lisa Rice 9 suggest that just a portion of the tax money that might be saved by avoiding the City's, Poudre R-1's,or the State's assumption of the probable costs for Waterglen: public transport, a new exit at I-25 and Vine, sanitation district upgrading, park acquisition, leapfrog police protection, school busing, road improvements and many other costs - would be more than sufficient as an incentive for a developer to build a similar development in an appropriate location. We recognize the advantages of the, type of development represented by Waterglen had it been located in the ample N.E. infill areas that would conform to our planning codes. All the appellants understand the need and will support the effort to provide affordable housing in such places. Our case is, rather, an effort to defend the work of all the months, the wisdom of hundreds of citizens and staff members who were involved in the development of the Comprehensive Plan which we feel must now be adhered unless the policies we reference herein are changed. Meanwhile, The Waterglen plan does NOT meet the requirements for approval, and, with all due respects to the members who have in other occasions have ruled well on such proposals, this decision of the Planning and Zoning Board should be overturned. Dated this 7th day of November, 1994. Doug Rice Kristi Rice 1;7�� Roge "'McConnell m Farrand Greg Farran Mike Rice Lisa Rice fVeRf le .S-e /"rii'6wP� VPrS/OK �7z E 3. Utility Capacity (A-3.1) The development is may not served by utility companies with adequate capacity nor have arrangements been made for extension and augmentation of utilities. 4o Water Hazards (A-3.3) The project includes an swift and deep irrigation canal on two sides and necessary precautions have not been taken to minimize any hazard to life or property. Geological Hazards (A-3.4) In spite of the Boxelder flood control structures many miles north in this watershed, these structures have filled and spilled as recently as three years ago and this project does contains flood areas unfavorable to urban development. To our knowledge, special engincv, nr-cautions have not been taken to overcome the limitations and these areas -have not been set aside from development. , t SLjme 4oue dip• ]p�•/oos_��1 _ D-tkr -S SiO flex el, E. The Planning and Zoning Board considered evidence relevant to its findings which was 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 how have adequate public transportation because the developer proposed the "possible" 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._ COVA pl`Cnok {rl f �rG O/ 1 F�fn �Frr�Jx ce the storm drainage solu ionis obviously not complete according t� the testimony of staff, an since ee t at 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 misleading for staff to imply that this not a serious problem or that the criteria have been met. \-V�P F,.O.v'� rove( r✓.(�-�:o�:rCi{'G.�� y(J; is '�•rous CLOSING RENLApKS l/u._5 - This appeal should, not be construed as an appeal against affordable housing. We suggest that just a portion of the tax money that might be saved by avoiding the City's, Poudre R-1's or the State's assumption of the probable costs for Waterglen: public transport, a new exit at I-25 and Vine, sanitation district upgrading, park acquisition, �;l I policies 78 and page 49, .policy 80. The site is not in conformity with the phasing plan of the City of Fort Collins. There is some question whether sewer facilities can be adequately provided by the closest rural sanitation district (Boxelder) and the future complications of utilizing this rural district have gone unexamined. It is likely that the city will again bear unnecessary costs. Regarding street requirements, the record contains an April 15 letter from Matt Baker in Engineering stating that the Waterglen proposal did not qualify for reimbursement on street oversizing because it "did not meet the contiguity criteria", that "Street Oversizing Criteria are intended to limit leapfrog development" (like Waterglen) and that Waterglen is "not an infill development". C. Protection of scarce resources like lands of agricultural importance See page 27, policy 11; page 39, policies 43a., 43b., and 43c; page 50, policy 84. There are farms contiguous to all four sides of the proposed subdivision. At the hearings one of the parties in interest attempted to present some of the problems local farmers would face as a result of this development. Such problems include: movement of farm equipment, chemical application, debris in the irrigation ditches (on two sides), dogs, trailers full of livestock coming and going from the nearby livestock auction, liability and other issues. These issues were raised but given almost no discussion by the board. This parcel is on the southern end of lands identified by both the Soil Conservation Service and the City/County Lands of Agricultural Importance Study as prime agriculture land. Rich soils, leveled fields, both surface and subsurface irrigation systems, and other existing infrastructure make this area a resource that will produce wealth from renewable resources for the community for an indefinite period, if protected. More than the parcel in question is at stake since it will create an "impermanence syndrome for a much larger area as producers witness the increase in the "hassel factor" that comes from a population larger than Berthoud being placed in their midst and the lack of resolve of the City to adhere to their own policies and limit leapfrog growth into good ag land. d. Reduction of vehicle miles See page 41, policy 49; page 49, policy 80 Questions and potential costs associated were poorly addressed. Public transportation is not near or guaranteed, many school children (500+) will be bused each day, and there is no evidence that residents will work at nearby businesses like Anhauser Busch since most of those employees are already situated. Cil appropriately resolved by the Board and which we will now address specifically. 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 Plan's Land Use Policies specify that new development will be judged on its ability to comply with the infilling of vacant areas, contiguity with existing development, phased expansion of services, protection of scarce resources like lands of agricultural importance, reducing vehicle miles, avoidingflood prone areas and others. In most cases these policies were not 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. Infilling or locatingdevelopment evelopment near existing development, shopping, recreation, transportation and employment See page 49, policy 80; page 24, policy 3.d; page 33, policy 28; page 37, policy 41; page 37, policy 42; Waterglen is a high density residential use and does not meet the requirements of being near existing residential development or the core area. The subdivision is approximately three miles east of the last contiguous development at LeMay and Vine. Existing land use is mostly agricultural for those three miles. It is not most existing employment, recreation, or shopping. It is not, as the plan requires, close to park facilities, or public transportation. No public transportation is available within close proximity (or even distant proximity) to the site. The proposed plan for transportation in the form of a "trial period using Gitney bus" is stopgap, with no guarantee that the city will not be left with the problem thereafter. The Waterglen development was awarded points because it was allegedly in "north" Ft. Collins. This is not the area that citizens and planners identified as an appropriate location where growth to the north should be encouraged. The "north" Ft. Collins criteria was meant to infill the areas like those east of JAX Surplus and near the old Sugar Factory, not 4 miles to the east. 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, 5 It is our position that LDGS criteria were used selectively and that approval for this development should be denied on the basis that it is not in accordance with the Comprehensive Plan as required by section A-1.2 of the LDGS. We will substantiate this claim with specific references to policy for each of the grounds for appeal listed above. We will begin by listing 7 of the stated 13 purposes of the LDGS that were not adequately addressed and then proceed to the specific policies/codes (p. 7 LDGS) not addressed or complied with. 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; J (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 bf existing neighborhoods. Many members of the Planning and Zoning Board stated that they had serious reservations about the development. The minutes of the last meeting reflect those misgivings. Two stated initially that they could not support the proposal. It is apparent that the Board felt thatthe provision of low cost "affordable" housing outweighed the problems of the 'leapfrog" nature of this subdivision. The obligatory criteria were not addressed (or were dismissed) because of the desire of the Board to provide low cost housing. While we agree that the City of Fort Collins needs more moderately priced housing and that such housing could be located in the north/northeast part of the city, we are in complete disagreement that an inappropriately located subdivision should be approved solely because it does provide some of that housing. This latter issue served to detour the process from larger and still uncomplied with criteria which were never 4 GROUNDS FOR APPEAL: 1) based on Sec. 248(1) of the City Code, we feel that the P & Z 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 P & Z Board "considered evidence relevant to its findings which was substantially false or grossly misleading". I. Relevant provisions of the City Code and Charier and established procedures were not properly interpreted or applied. The provisions not properly interpreted and applied include both: 1) the Ft. Collins Comprehensive Plan as enabled by the City Charter Article XIX and adopted as official policy - specifically the Land Use Policies Plan component and the Goals and Objectives. 2) the Land Development Guidance System (LDGS) For Planned Unit Developments, Ordinance No. 33 of the City Code. A. Introduction' The LDGS contains two review criteria: numbered and lettered. Numbered criteria are "absolute 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 "variable" criteria of the system. Each development must achieve a specified minimum percentage of these criteria. Evidence presented at both the preliminary and final hearings demonstrates that, while there may have been adequate attention to portions of the site -specific or design oriented portions of the LDGS found in the Neighborhood Compatibility criteria, adequate attention was not given to compliance with the Community Wide Criteria, portions of the Neighborhood Com atibility and possibly the Engineering Criteria of the LDGS. The Community Wide Criteria section asks what is perhaps the most -important question that can be addressed at the beginning of the development process, "Is the development in accordance with the adopted elements of the Comprehensive Plan?". It is this criteria which asks the first order question, "Is the development in the right place to begin with?" The hearings, their minutes, the official record and .the video substantiate our claims that this question was not addressed and that the majority of the dialogue was given over to go to site specific design questions and the issue of affordable housing. It is clear to us after scrutinizing the documents that guide the evaluation of proposed projects that this is improper procedure. 3 I (b) All exhibits, including, without limitation, all writings, drawings, maps, charts, graphs, photographs, and other tangible items received or viewed by the Planning and Zoning Board. (c) A video tape recording of the proceedings before the Planning and Zoning Board. Appellant request that a copy of a video tape of the April 25 before the Planning and Zoning Board be provided to them. 2 -;7l�1, l..i. ,; jc.�,11r1 `I ii November 4, 1994 Ms. Wanda Krajicek, City Clerk 300 Laporte Ave. Ft. Collins, CO 80521 To whom it may concern: Attached please find a Notice of Appeal for the Waterglen P.U.D. We reserve the right to amend this appeal once we have a copy of the hearing transcripts and/or videos. NOTICE OF APPEAL ACTION BEING APPEALED: Approval of the Waterglen P.U.D., #71-93B by the Planning and Zoning Board DATE OF BOARD ACTION: April 25th, 1994 (preliminary) and October 24th, 1994 (final hearing and date of approval) PARTIES IN INTEREST: - Doug and Kristi Rice 5100 East County 48 Fort Collins, CO 80524 Roger McConnell 4430 East County Road 48 Fort Collins, CO 80524 Kim and Greg Farrand 4628 East County Road 48 Fort.Collins, CO 80524 Mike and Lisa Rice 429 Princeton Road Fort Collins, CO 805255 All parties in interest either attended the public hearings and/or spoke at the public hearings. Pursuant to Section 2-53 of the Code of the City of Fort Collins, the appellants request that the record provided to the city Council include the following: (a) Detailed minutes of the proceedings before the Planning and Zoning Board. 1 C�CD�M wls_-TCVR. City )uncil City of Fort Collins November 15, 1994 Wanda Krajicek, City Clerk City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80521 Re: Appeal of the Waterglen PUD, Final Dear Ms. Krajicek: C On November 1, 1994, I filed with your office a Notice of Appeal of the Planning and Zoning Board's decision on October 24, 1994, .approving the Waterglen PUD, Final. This appeal was filed on behalf of the City Council according to the appeals procedure described in Chapter 2, Division 3 of the City Code. Since that time, a second appeal of this same decision of the Planning and Zoning Board has been filed by Doug and Kristi Rice, Roger McConnell, Kim and Greg Farrand and Mike and Lisa Rice. Because this new appeal appears to adequately frame the issues that I believe Council should review, I wanted to advise you that if the second appeal proceeds to a hearing as presently scheduled on January 3, 1995, I intend to withdraw my appeal in this matter. Respectfully submitted, Alan Apt " City Councilmember AP/SJR:whm ROUTING -REQUEST DATE: q �'� X BobSmith FROM: — Susan Hayes ^ E)ttMcBr]re Return bttieN renus Forward "' G!�Imzl'�eter Discard lbers MikeGrimm Jean Pakech Shannon Gallegos COMMENTS: We Pkorij)dt6[4 metey d/.TtUsS -fA; S a 1` mp r Oct Du r Ht &P 7670 11 300 LaPorte Avc kJvJj LLA-w05