HomeMy WebLinkAboutWATERGLEN PUD - FINAL ..... JAN 3 1995 CITY COUNCIL APPEAL HEARING - 71 93B - REPORTS - APPEAL TO CITY COUNCILj Mayor and City Council Members
Waterglen P.U.D., Final - Appeal to City Council
Page 11
the Stormwater Department, realizing that complying with existing criteria was still necessary to
receive final utility plan approval.
The stated criteria are "absolute requirements" for approval of a development. Based on the P.U.D.
documentation, the stone drainage studies, the traffic study provided by the applicant with the
development review request, and the applicable criteria in the L.D.G.S. the Planning and Zoning
Board properly interpreted and applied relevant provisions of the Code and Charter in its evaluation
of the Waterglen P.U.D. proposal.
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 now 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 it 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:
The Planning and Zoning Board received all relevant evidence offered by the applicant and the
appellants and did not consider evidence substantially false or grossly misleading.
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Mayor and City Council Members
Waterglen P.U.D., Final - Appeal to City Council
Page 10
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.
A-3.3 Water Hazards
If the project includes an irrigation canal, water body, or other water channel, have necessary
precautions been taken to minimize any hazard to life or property?
The Latimer 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 appear to
present a significant safety hazard.
A-3.4 Geologic Hazards
If the project contains known areas of natural or geological hazard (e.g., unstable or
potentially unstable slopes, faulting, landslides, rockfalls, flood, and wild fire, etc.) or soil
T : 0 conditions unfavorable to urban development; will special engineering precautions be taken
IV overcome those limitations or have these areas been set aside from development?
l� The developer's engineer has proposed improvements to the Boxelder Creek and Coo er Slou h
P g
floodplains. They do take into account the potential for Boxelder Creek to spill onto this site and has
been designed to meet the 100 year storm event. Flood flows will enter this area when they leave the
creek to the north and east of the,site. These same flows will inundate the interchange area of East
Mulberry Street and Interstate 25. The utility plans and supporting calculations are currently being
reviewed by the 8torrnwater Department. At this time, these plans are considered to be substantially
complete with minor issues yet to be resolved. Final approval by Stonmwater will ensure compliance
with all Federal, State, and City regulations. The only remaining question is in regards to the
proposed day care center and office/clubhouse uses in existing buildings. The concern is about high
velocities in the channelized area that may require armoring to protect the existing buildings. An
option is to relocate the buildings outside of the channel area. If these buildings are properly protected
or relocated the integrity of the Planning and Zoning Board approval is not compromised.
The Boxelder Creek overflow is currently not addressed in an adopted Drainage Basin Master Plan.
However, whenever the Master Plan is updated, improvements are anticipated to be recommended
to redirect flood flows back into Boxelder Creek east of Interstate 25, thereby eliminating the flows
in this development and at the interchange of East Mulberry Street and Interstate 25. At the time of
Final Planning and Zoning Board approval, the drainage and floodplain proposal was acceptable to
Mayor and City Council Members
Waterglen P.U.D., Final - Appeal to City Council
Page 9
Can the additional traffic (vehicular, pedestrian and bicycle traffic) generated by the land uses
within the project be incorporated into the neighborhood and community transportation
network without creating safety problems? Can impacts from the additional vehicular traffic
meet City traffic flow delay policies? Can pedestrian and bicycle needs be addressed so that
opportunities for these travel modes are integrated into the overall City pedestrian and bicycle
system?
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 thedevelopment, with
the walks being detached along East Vine and Waterglen Drive (to be a local collector street). With
the widening improvements to East Vme Drive there will be space for on -street bicycle lanes on both
sides of the street connecting back to Lemay Avenue, thus integrating into the existing City
pedestrian/bicycle system.
A-2.5 Emergency Access
Does the project provide adequate access for emergency vehicles and for those persons
rendering fire protection and emergency services?
The Waterglen P.U.D. will have two points of primary 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 comer of the development.
In response to the allegation that "this is a project which will result in a population size larger than
the City ofBerthoud, with only one access road", in fact, the Waterglen P.U.D. will provide 577 total
dwelling units and be home for approximately 1,400 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.
A-3.1 Utility Capacity
Is the development served by utilities with adequate capacity or have arrangements been made
for extension and augmentation for the following services? Water supply, sanitary sewer,
electricity, natural gas, storm drainage.
Mayor and City Council Members
Waterglen P.U.D., Final - Appeal to City Council
Page 8
Utilities to the Waterglen P.U.D. will be provided by the City, East Larimer County Water District,
and Boxelder Sanitation District. The service areas for the City utilities and utility districts are clearly
defined. Water and sanitary sewer facilities are already in the area of the development proposal.
Encourage non-residential use (agricultural open snace extraction etc) of flood crone areas
53. The City shall coordinate with the County in flood control, water quality and urban run-
off programs to realize the greatest benefit from all of these programs.
54. Flood prone areas of streams and rivers in the City shall be designated as "flood plain
management areas" and special development standards applied therein.
At the time of Final Planning and Zoning Board approval, the drainage and floodplain proposal for
the Waterglen P.U.D. was acceptable to the Stormwater Department, realizing that complying with
existing criteria was still necessary to receive final utility plan approval. Flood control, water quality,
and stormwater run-off concerns were considered as part of the development review process.
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)
5. Geological Hazards (A-3.4)
Staff Response:
The criteria cited in this allegation are absolute requirements of the All Development Criteria in the
L.D.G.S. that each development must satisfy before approval can be granted.
A-2.1 Vehicular, Pedestrian and Bicycle Transportation
Mayor and City Council Members
Waterglen P.U.D., Final - Appeal to City Council
Page 7
The adoption of the Land Use Policies Plan preceded the adoption of. the Intergovernmental
Agreement for the Fort Collins Urban Growth Area. Lands that were considered to be of agricultural
importance were excluded from the urban growth area boundary at the time it was delineated.
The developer for the Waterglen P.U.D. was required to participate in extensive environmental
studies during the development review process and provide acceptable mitigation measures for the
existing natural areas on the property.
Reduction of vehicle miles
49. The City's Land Use Policies Plan shall be directed toward minimizing the use of private
automobiles and toward alleviating and mitigating the air quality impacts of concentrated use
of automobiles.
80. rdigher density residential uses should locate near the core area, regional/community
shopping centers, CSU main campus, or the hospital; within close proximity to community
or neighborhood park facilities; where water and sewer facilities can be adequately provided;
within easy access to major employment centers; with access to public transportation; and in
areas with provisions for alternative modes of transportation.
The developer has committed to providing a "shuttle bus" service between the development and the
City for a period of one year, with this service to be evaluated on its need at that time. The service
is expected to decrease the dependence on personal automobile use.
Expansion of services by Special Districts should help produce a concentrated urban land use
pattern
30. Services provided by existing special service agencies should be located in areas that
support the City's Land Use Policies Plan which will help to define a concentrated urban land
use pattern.
31. All special purpose service and utility districts should eventually merge with the,City's
system and form a single system to take advantage of economics of scale. The City and
Districts should negotiate a mutually agreeable merger date and enter into formal. agreements
to realize the merger. Until such time a merger is realized, the City and Districts should
mutually establish service area boundaries which could allow the Districts to provide service
within the City limits and the City to provide service beyond the City limits. The service area
boundaries should be based upon an evaluation of the agency that can economically provide
service to area residents.
Mayor and City Council Members
Waterglen P.U.D., Final - Appeal to City Council
Page 6
23. The City shall develop a phased plan for services and facilities, including utility
extension.
24] All utility extensions should be in conformance with the phased utility expansion portion
of the City's Comprehensive Plan.
32. Other non -utility urban services beyond the City limits and within the urban growth area
could be provided by the County or especially established districts.
78. Residential development should be directed into areas which reinforce the phasing plan
in the urban growth area.
80. Higher density residential uses should locate near the core area, regional/community
shopping centers, CSU main campus, or the hospital; within close proximity to community
or neighborhood park facilities; where water and sewer facilities can be adequately provided;
within easy access to major employment centers; with access to public transportation; and in
areas with provisions for alternative modes of transportation.
This development is predominantly a single family residential community with a density of about 4.8
dwelling units per acre (if the neighborhood park and natural area is subtracted out of the
calculation). There is a multi -family component that makes up 17% of the development. The overall
residential density is considered to be within the range of standard low density projects.
Water and sanitary sewer facilities are already in place in the area that are capable of serving this
development. These utilities will be provided by East Larimer County Water District and Boxelder
Sanitation District. The City, Public Service, and U.S. West are capable of providing electric, gas,
and telephone services to the development.
Protection of scarce resources like lands of agricultural importance
11. Lands of agricultural importance should be identified and excluded from the Fort Collins
urban growth area.
43. The City shall prepare and utilize an environmental management plan which will include
the following measures: Conservation of exhaustible resources; identification of
environmentally scarce and valuable lands, such as wildlife habitats and lands of agricultural
importance; and requiring development to mitigate negative impacts on environmentally
scarce and valuable lands.
84. The City will assist the County in the development of incentives to preserve agricultural
land.
Mayor and City Council Members
Waterglen P.U.D., Final - Appeal to City Council
Page 5
Infilling or locating development near existing, development, shopping, recreation,
transportation and employment
3.d. The City shall promote the location of residential development which is close to
employment, recreation, and shopping facilities.
28. City provided services and facilities should be located in the City or in conformance with
the phasing plan for the urban growth area.
41. The City shall encourage residential development in the northeast, particularly giving
special consideration to the undeveloped industrially zoned land in the area adjacent to the
existing residential neighborhoods.
42. The City shall promote the active annexation of areas to the north and northeast when
such annexations promote an orderly development pattern.
The development proposal was awarded points on the Residential Uses Density Chart for being in
"North Fort Collins" because North Fort Collins is defined in the L.D.G.S. as meaning the area within
the Fort Collins municipal boundaries which lies north of Laurel Street extended, and east of
Overland Trail. The property is located at the northwest corner of East Vine Drive and Interstate 25
and has been in the City limits since 1987. The annexation question is not relevant in this case because
the property was annexed into the City with the Vine Business Park Annexation in 1987, independent
of this development proposal.
Waterglen P.U.D. is located 4.5 miles from the nearest grocery store, 4 miles from the downtown
business/shopping district, and 1 to 2 miles from major employment centers (Anheuser-Busch to the
north and the East Mulberry Street commercial strip to the south). A neighborhood park will be a part
of this development. By comparison, recent developments such as Paragon Point and Greenstone
P.U.D.'s in the southeastern part of the City are 1.5 to 3 miles from the nearest grocery store, 4.5 to
6 miles from regional shopping (South College Avenue), and 1.5 to 3 miles to major employment
centers (Oakridge Business Park and South College Avenue).
Water and sanitary, sewer facilities are already in place in the area that are capable of serving this
development.
Phased expansion of utilities, facilities and services
16. The City will work with the County in establishing a phasing plan for the urban growth
area.
Mayor and City Council Members
Waterglen P.U.D., Final - Appeal to City Council
Page 4
a. Infilling or locating development near existing development shopping
recreation, transportation and 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 importance
See page 27, policy 11; page 39, policies 43a, 43b, and 43c; page 50, policy 84.
d. Reduction of vehicle miles
See page 41, policy 49; page 49, policy 80.
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 oven space, extraction etc) of flood
prone areas
See page 42, policies 53 and 54.
Staff response:
The City of Fort Collins Comprehensive Plan was established on the foundation of the Goals and
Objectives, which establishes the direction or course to be followed in future years as the City grows
and develops. The Goals and Objectives were adopted by resolution of City Council. They are not
binding statements and are not meant to have the force of law nor do they commit the City Council,
the Planning and Zoning Board, other City boards or the Administration to a specific course of action.
The Land Use Policies Plan represents the official public policy guidelines concerting land use
matters and land use related decision -making by the City of Fort Collins. The policies are presented
as guidelines to be followed by developers, builders, neighborhood groups, civic organizations, and
other private and public interests engaged and concerned about growth and development in the
community.
Mayor and City Council Members
Waterglen P.U.D., Final - Appeal to City Council
Page 3
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. These objectives represent `
generalized goals of the L.D.G.S. as a development review system and are not implemented as
individual absolute criteria. The Section then goes into Process, Types of Criteria, and Evaluation of
the criteria that development is evaluated against if subject to the L.D.G.S.
The L.D.G.S. contains two review criteria: absolute and variable. "Absolute requirements" are listed
in the All Development Criteria, which must be satisfied before approval can be granted. These
criteria are grouped into three types of criteria: (1) Community Wide Criteria, (2) Neighborhood
Compatibility Criteria and (3) Engineering Criteria. The Waterglen P.U.D. was evaluated against and
met the applicable All Development Criteria. "Variable" criteria are listed on point charts for different
types of land uses. A development must earn a minimum percentage for the criteria on the applicable
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.. 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
element's 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 developments
Phased expansion of services, protection of scarce resources like lands of agricultural
importance, reducing vehicle miles, avoiding flood 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.
Mayor and City Council Members
Waterglen P.U.D., Final - Appeal to City Council
Page 2
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 Zoning Board "considered
evidence relevant to its findings which was substantially false or grossly misleading".
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.
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.
Comr pity Planning and Environmenta'
v� Planning Department
` 0ty of Fort Collins MEMORANDUM
DATE: December 6, 1994
TO: Mayor and City Council Members
FROM: Stephen Olt, City Planner le� by•
THRU: Greg Byrne, Director C.P.E.
Bob Blanchard, Chief Planner
RE: I Waterglen P.U.D., Final - Appeal to City Council
Iervices
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 misleading 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)
281 North College Avenue • P.O. Box 580 Fort Collins, CO 80522-0580 • (303) 221-6750
FAX (303) 221-6378 TDD (303) 224-6002
DATE: January 3, 1995
2
IT NUMBER:
* the Staff Reports for Waterglen P.U.D. - Preliminary and Final that were received
by the Planning and Zoning Board for the April 25, 1994 and October 24, 1994,
public hearings
* the Minutes of the October 24, 1994, Planning and Zoning Board public hearing
The procedure for hearing appeals is described in Chapter 2, Article H, Division 3 of the City Code.
0
0
AGENDA ITEM SUMMARY Il EM NUMBER: 19
DATE: January3, 1995
FORT COLLINS CITY COUNCIL STAFF: Steve @It
SUBJECT:
Consideration of the Appeal of the October 24, 1"4, Decision of the Planning and Zoning Board
Approving, with Conditions, a ]Development Project Known as the Waterglen F.U.D. - Final.
RECOMMENDATION:
Council should consider the appeal based upon the record and relevant provisions of the Code and
Charter, and after consideration, either: (1) remand the matter to the Planning and Zoning Board or
(2) uphold, overturn, or modify the Board's decision. 0-1
%—O
EXECUTIVE SUMMARY:
On October 24, 1994, the Planning and Zoning )Board approved, with conditions, the Waterglen
P.U.B. - Final. This project consists of 477 single family residential lots and 1®® multi -family
dwelling units, a neighborhood convenience shopping center, a neighborhood park, mini -storage,
and the Cooper Slough natural drainage area on 166.8 acres. The property is located at the northwest
comer of East Vine Drive and Interstate 25, is bounded by the Larimer-Weld Canal on the north and
west sides, and is zoned IL, Limited Industrial with a planned unit development condition.
On Becember 14, 1994, an amended Notice of Appeal was received by the City Clerk's office
regarding the decision of the Planning and Zoning Board:
In the Notice of Appeal from Appellants Doug Rice, Roger McConnell, and Lisa Rice, it is
alleged that:
the board failed to properly interpret and apply relevant provisions of the Code and
Charter.
The Board considered evidence relevant to its findings which was substantially false�,�
or grossly misleading. ->
The attached documents include: j�� 4V
�P
* the appeal � • ` h
* the Planning Department response to the appeal
* the Applications for the Waterglen F.U.H. - Preliminary and Final, certified by the
Applicant
H