HomeMy WebLinkAboutPARK SOUTH PUD, 3RD REPLAT - PRELIMINARY & FINAL - 46-88G - SUBMITTAL DOCUMENTS - ROUND 1 - VARIANCE REQUESTMARCH & MYATT, P.C.
ATTORNEYS AND COUNSELORS AT LAW
ARTHUR E. MARCH, JR. 110 EAST OAK STREET
RAMSEY D. MYATT
FORT COLLINS. COLORADO 80524-2880
ROBERT W. BRANDES, JR.
RICHARD S. GAST
(970) 482-4.322
LUCIA A. LILEY
TELECOPIER (970) 482-3038
J. BRADFORD MARCH
LINDA S. MILLER
JEFFREY J. JOHNSON
MATTHEW J. DOUGLAS
January 8, 1997
Planning and Zoning Board
City of Fort Collins
300 LaPorte Avenue
Fort Collins, CO 80521
ARTHUR E. MARCH
1909-1981
MAILING ADDRESS:
P.O. BOX 469
FORT COLLINS, CO SOS22-0469
HAND DELIVERED
Re: Park South P.U.D. Third Replat, Preliminary and Final
Request for Solar Orientation Variance
Dear Planning and Zoning Board Members:
This firm represents Horsetooth, Limited, Marc Middel and
Middel Enterprises, Inc. ("Middel"), the owners and developers of
Park South P.U.D. Third Replat (the "Third Replat"), and makes this
application for a variance on their behalf.
The Third Replat is the only undeveloped portion of the 34.3-
acre Park South Amended Overall Development Plan (the "ODP").
Since the ODP's approval in 1991, Middel has obtained City approval
for and built the three initial phases of the ODP: (i) Four
Seasons 7th Filing - 9 single family homes; (ii) Park South P.U.D.
First Replat - 23 single family homes; and (iii) Park South P.U.D.
Second Replat - 91 single family homes. Of these three phases,
only the Second Replat was subject to the solar orientation
criteria and, complied by having 68a, or 61 lots, solar -oriented.
The remaining undeveloped portion of the ODP, now known as the
Third Replat, consists of 3 acres approved for residential use, and
an additional 10.3 acres which was designated as commercial/office
or commercial/duplex until the City Council approved an amendment
to the ODP that changed the use to residential on November 12,
1996. Important factors in the Council's decision to approve the
land use change were the in -fill location, the proximity to various
mixed -use development, the City's goals for higher residential
density, and the affordability of the homes to be constructed by
Middel.
Planning and Zoning Board
January 8, 1997
Page 2
The Third Replat consists of 73 single-family lots, 21 of
which or 29%, conform to the definition of a "solar -oriented lot"
under All Development Criteria A-1.1 of the Land Development
Guidance System ("LDGS"). The Second and Third Replats, when
considered together, have 82 solar -oriented lots - 50% of the total
number of lots in Park South that come under the solar orientation
requirements. Pursuant to LDGS §29-526(K), we request that the
Third Replat be granted a variance from the strict application of
Criteria A-1.1, which would require that 65% of the lots be solar -
oriented.
As the final phase of an in -fill development, the design of
the Third Replat has been largely influenced by the following
factors. The site is small (13.3 gross acres) and surrounded on
all sides by existing development or streets. The two points of
access (Haven Drive from Manhattan Avenue on the east and Rockaway
Street on the southwest) have already been fixed by the existing
development. Haven Drive must align with the Carmike 10 entrance
on the west side of Manhattan Avenue and Rockaway Street is built
to a dead end at the boundary of this site. The tie-in points for
water and sewer were set when the utility mains were installed.
Pedestrian/bicycle access from the Third Replat to sidewalks,
bikepaths and transit routes on Horsetooth Avenue has been given
priority consideration in the design because of the large amount of
mixed -use available in the near vicinity.
With all of these severe site -planning constraints, it is
virtually impossible to achieve a design for the Third Replat that
complies with the City's mandatory street design standard requiring
a 200 foot offset between nonaligning streets, and has 65% solar -
oriented lots. The result would be an awkward internal street
layout and the loss of an estimated thirteen lots, with the
majority of the remaining lots being narrow and very deep.
Pedestrian/bicycle connections to Horsetooth Avenue would also be
limited. Such inefficient use of land is contrary to the City's
goals for sensible planning, maximum utilization of land and higher
density residential in -fill projects. The elimination of 18% of
the lots in such a small development to comply with a strict
application of the solar criteria would also result in economic
hardship to the developer. It is also likely that the price of the
homes would increase, making them less affordable for families at
low to moderate income levels. Although the Third Replat is not a
qualified affordable housing project, it will help satisfy a
community need for more moderately priced housing.
•Or
•
Planning and Zoning Board
January 8, 1997
Page 3
It is Middel's opinion that the Third Replat as presented to
the Board is better than any alternate design which would comply
with the strict application of the solar orientation criteria for
all of the reasons cited above, and requests therefore that a
variance from the requirements of All Development Criteria A-1.1 be
granted.
Sincerely,
LAL/jpk
pc: Horsetooth, Limited