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HomeMy WebLinkAboutWATERFIELD ODP - ODP130002 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTland planning  landscape architecture  urban design  entitlement Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com July 31, 2013 Modification Request DIVISION 4.5 LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (D) Land Use Standards. (2) Mix of Housing. A mix of permitted housing types shall be included in any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. In order to promote such variety, the following minimum standards shall be met: (a) A minimum of three (3) housing types shall be required on any project development plan containing twenty (20) acres or more, including such plans that are part of a phased overall development; and a minimum of four (4) housing types shall be required on any such project development plan containing thirty (30) acres or more. (b) To the maximum extent feasible, housing types, block dimensions, garage placement, lot sizes and lot dimensions shall be significantly and substantially varied to avoid repetitive rows of housing and monotonous streetscapes. For example, providing distinct single-family detached dwellings or two-family dwellings on larger lots and on corners and providing small lot single- family dwellings on smaller lots abutting common open spaces fronting on streets are methods that accomplish this requirement. (c) The following list of housing types shall be used to satisfy this requirement: 1. Single-family detached dwellings with rear loaded garages. 2. Single-family detached dwellings with front or side loaded garages. 3. Small lot single-family detached dwellings (lots containing less than four thousand [4,000] square feet or with lot frontages of forty [40] feet or less) if there is a difference of at least two thousand (2,000) square feet between the average lot size for small lot single-family detached dwellings and the average lot size for single-family detached dwellings with front or side loaded garages. 4. Two-family dwellings. 5. Single-family attached dwellings. 6. Mixed-use dwelling units. 7. Multi-family dwellings (limited to twelve [12] dwelling units per building); 8. Mobile home parks. Waterfield ODP Modification Request – Housing Types Page 2 of 6 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com (d) A single housing type shall not constitute more than eighty (80) percent or less than five (5) percent of the total number of dwelling units. Reason for the Request The Waterfield development was initially planned in 1997 and at that time the entire site was zoned LMN. The Project Development Plan included a variety of housing types, a school site, a park site, a neighborhood center and a natural area around the wetland. In 2009 the City changed the zoning on the existing Bull Run apartment site and approximately 13 acres north of it, to encourage multi-family housing at the intersection of the two enhanced travel corridors (Timberline and New Vine). The zoning was changed from LMN to MMN as part of the Mountain Vista Subarea planning process. The owner of the property at the time did not participate in the process that resulted in the property being rezoned. The Applicant does not have an issue with providing multi- family housing near the intersection of the enhanced travel corridors (Timberline and New Vine). However, the result of 13 acres being rezoned to MMN along with the City’s new requirement for four housing types in the LMN District has resulted in a serious hardship for the remaining Waterfield property. There is currently 103 acres of land zoned LMN. After removing the school site, the park site, the neighborhood center, the natural area and the right-of-way for New Vine Drive there is approximately 47 acres left for residential development within the area zoned LMN. Given that Bull Run apartments exists and that another 13 acres adjacent to New Vine Drive is planned for multi-family development, a fourth housing type in the remaining LMN area isn’t needed to accomplish the City’s goal of providing a variety of housing types. The Applicant believes that the Waterfield site is an excellent location for single family homes on smaller lots, affordable for young families. The proximity to a park, an elementary school and a natural area support this view. The ODP as a whole incorporates four housing types excluding the existing Bull Run apartments. Three housing types are proposed in the LMN area including paired housing, alley-loaded houses and traditional single family lots. The developer proposes to meet the City’s density requirements in both the LMN and MMN portions of the project. The proposed development plan is supported by many City Plan policies and we believe achieves the intent of the City’s Land Use Code in regard to housing types and densities. It exemplifies the City’s principles and policies in regard to neighborhoods in the following ways:  Interconnected street and pedestrian network  Walkable blocks  Varied housing types and models  Multi-family design variation  Interesting streetscapes  Integrates natural features  Provides neighborhood parks, open space and trails Waterfield ODP Modification Request – Housing Types Page 3 of 6 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com  Coordinates planning with schools  Fosters a sense of community with school  Provides a neighborhood center The Applicant is requesting to be allowed to develop three housing types in the LMN portion of the ODP, rather than four as the Land Use Code would normally require. Justifications The Land Use Code states that the decision-maker may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good; and the decision-maker must also find that the Modification meets one of the following four criteria described in the LUC. (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; We believe the Waterfield Overall Development Plan (ODP) will promote the general purpose of the standard which is to provide a variety of housing choices equally well or better than a plan that would comply with the standard. For example, we could remove a portion of single family homes and add another multi- family project and meet the requirement for a fourth housing type in the LMN. Given that 176 multi-family units already exist (Bull Run apartments) and more are planned for the future immediately adjacent to the LMN site, we don’t believe adding more multi- family units serves the market or the community very well. Generally speaking, growing families prefer to live in a single family home with a back yard for kids to play, where pets can be accommodated and the family can grow a garden if they choose to. Proximity to a future park and elementary school makes the site ideal for the kind of housing young families typically try to find. We believe that the proposed single family lots, alley-loaded lots and paired homes provide the appropriate housing choices for this emerging neighborhood. (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Waterfield ODP Modification Request – Housing Types Page 4 of 6 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; The project as proposed would provide housing types that are most sought after by young families in a price range that is affordable for the average family. (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; Requiring a fourth housing type in the LMN area creates hardship in the following ways: 1. The fourth housing type (multi-family, townhomes, mixed-use dwellings, lots under 4,000 SF or mobile homes) would not be as desirable for the target market which is young families. Adding one of these other housing types reduces the number of lots that are intended to serve the target market. Forcing a developer/builder to provide housing without a market demand for that housing will increase the cost of development and ultimately the housing cost to the consumer. 2. The Waterfield property was originally planned in 1997 and amended in 2003. While the planning approvals have lapsed, we believe the City should give some consideration to the development challenges that exist because of circumstances out of the Applicants control. Although all of these issues are not directly related to a fourth housing type, they do contribute to the cost of development and have an impact on the ultimate success of the project. Adding a fourth housing type that is less marketable just increases the hardship. The following changes have occurred since 2003:  The alignment of Vine Drive on the Master Street Plan has shifted to the north, dividing the development plan with a four-lane arterial street with a 115-foot right-of- way and designated as an enhanced travel corridor. The new street adds additional cost burden without adding value to the project. Typically, four-lane arterials are section line roads that are located on the edge of the property where the developer is required to dedicate only one-half, or 57.5 feet, of the full dedication. In the case of New Vine, however, this developer will be required to dedicate the full 115 feet since New Vine bisects the property. Waterfield ODP Modification Request – Housing Types Page 5 of 6 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com  The new Vine Drive separates the existing school site from the existing park site and reduces the size of the park by 1.6 acres.  The 10-acre school site is now situated along a 4-lane arterial, which the school district finds unacceptable. The developer must now re-negotiate with the school district and parks department to change location in order to gain back the synergy gained from having the school site next to the park.  The natural resource value of the wetland/pond has declined. The City’s Natural Resource Division is no longer interested in purchasing the area partially because it is no longer combined with a park and school site as originally envisioned.  Since the Waterfield development was originally planned in 1997 City Plan was adopted creating another layer of requirements that did not exist before. In 1997 the entire site was zoned LMN. In 2009 the City changed the zoning on the Bull Run apartment site and approximately 13 acres north of it, to encourage multi-family housing at the intersection of the two enhanced travel corridors (Timberline and New Vine). The zoning was changed from LMN to MMN as part of the Mountain Vista Subarea planning process. In a different planning process, the City’s Land Use Code was changed to add requirements for additional housing types in the LMN District, such that parcels containing more than 20 acres are required to include 4 housing types. The effect of these two changes on the Waterfield property is significant. The project as a whole is proposing four housing types; however, because of the changes to the zoning, the proposed development plan requires a Modification to allow just three housing types in the LMN portion of the property. The re-zoning of the land north of Bull Run effectively locked in the fourth housing type for the Waterfield development when viewed as a whole project (versus as individual and separate zone districts). Given all these constraints and City imposed change, we believe the Waterfield development should be allowed some flexibility in how four housing types are viewed. The changes have resulted in significant hardships for the developers of the property.  A school site was dedicated and now the proposed alignment of New Vine makes it unacceptable as a school site. The land does not automatically revert back to the owner, nor is the developer automatically exempted from impact fees that the City collects for the school district. (fees that were not required in 1997 when the school site was dedicated)  The ROW of New Vine will absorb approximately one third of the dedicated park site, so additional land is needed for a viable park site.  The New Vine alignment separates the park site and the school site, effectively eliminating the synergy created when the two uses are adjacent to each other. This separation also affected the Natural Resource Division‘s decision to not purchase the natural area.  The New Vine Drive increases the burden of land dedication, financing and construction of streets. Waterfield ODP Modification Request – Housing Types Page 6 of 6 Thinking outside of the box for over two decades. 401 W. Mountain Ave., Suite 100  Fort Collins, CO 80521  tel. 970.224.5828  fax 970.224.1662  www.ripleydesigninc.com  The wetland/pond area that had been planned as a City owned and maintained natural area now will have to be maintained by the future HOA and the developer is required to provide a 100-foot buffer around the wetland.  When the zoning of the southeast portion of the property was changed to MMN it generated a requirement for increased density on Parcel B (13-acre site north of Bull Run) and on the LMN portion remaining by virtue of still requiring 4 housing types. It’s very difficult to build a fourth product with only ten units (5% of the total in L-M- N). The cost of designing the product would make it difficult without spreading that cost over many more units. It would also be difficult to market because of the inability to have model units that prospective buyers could view. (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The request for three housing types in the remaining LMN zone is inconsequential when considered from the perspective of the entire development plan that originally included the existing Bull Run apartments. Consider the following:  The Bull Run apartments and an additional 13 acres to the north of Bull Run were rezoned to MMN in 2009 without the owner’s participation.  The area was zoned MMN to encourage multi-family housing at the intersection of two enhanced travel corridors (Timberline and New Vine). This ODP does propose multi-family development at the intersection.  If the rezoning had not occurred, and the 13 acres were still in the LMN zone, no Modification would be required, because four housing types are proposed. It appears that the ODP as proposed provides the kind of housing choices that City Plan envisioned. In order to meet the requirement, approximately ten dwelling units would need to fall into one of the following housing type categories: multi- family, townhomes, mixed-use dwellings, lots under 4,000 SF or mobile homes. We don’t believe that 10 units of an additional housing type would advance the purposes of the Land Use Code better than the plan as proposed.