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HomeMy WebLinkAboutPARK SOUTH PUD, 3RD REPLAT - PRELIMINARY & FINAL - 46-88G - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSL-1 ITEM NO. 19 MEETING DATE 1/21/97 STAFF Mike Ludwig City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Park South PUD, 3rd Replat, Preliminary and Final, #46-88G. APPLICANT: Marc Middel Enterprises c/o Linda Ripley V-F-Ripley 1113 Stoney Hill Drive CpIJT� ll Fort Collins, CO 80525 OWNER: Marc Middel 1407 South College Avenue Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request for 73 single-family lots on 13.34 acres known as Parcel A-1 of the Park South Amended Overall Development Plan; a residential density of 5.47 dwelling units per acre. The property is located at the southwest corner of West Horsetooth Road and Manhattan Avenue and is zoned R-L-P, Low Density Planned Residential. RECOMMENDATION: Approval with a variance and a condition. EXECUTIVE SUMMARY: This request for Preliminary and Final PUD approval: • is consistent with the City's Comprehensive Plan and the land use designated for Parcel A-1 of the Park South Amended Overall Development Plan; and • achieves 90% of the maximum applicable points (90 base points) on the Residential Uses Activity Chart (Point Chart H), exceeding the minimum required 60 points for a proposed density of 5.47 dwelling units per acre and exceeding the minimum required 40 base points; and • satisfies all applicable All -Development Criteria of the LDGS except for A-1.1 "Solar Orientation"; and COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Park South PUD, 3rd Replat, Preliminary and Final, #46-88G January 27, 1997 P&Z Meeting Page 2 Park South PUD, 3rd Replat, Preliminary and Final, #46-88G January 27, 1997 P&Z Meeting Page 2 can be granted a variance to All -Development Criteria A-1.1 "Solar Orientation" on the basis that granting of the variance would neither be detrimental to the public good nor impair the intent and purposes of this section; and that the plan submitted is equal to or better than such plan incorporating the provision for which a variance is requested; and is compatible with surrounding land uses; and complies with the City's Transportation policies for traffic volumes and levels of service. COMMENTS Background: The surrounding zoning and land uses are as follows: N: R-L-P; Horsetooth Road, existing church (Southside Baptist Church), existing single-family residential (Foothills Park Subdivision) R-P; Horsetooth Road, existing single-family residential (Warren Farms), vacant (planned residential and commercial) S: R-L-P; existing single-family residential (Park South PUD) E: H-B; existing movie theater (Carmike 10), railroad (Burlington Northern), varied commercial (Bowling Alley, Creger Plaza, etc.) W: R-L-P; existing single-family residential (Four Seasons) The property was originally part of the Park South P.U.D. approved in Larimer County on April 3, 1978. The property was annexed in 1980 with the agreement that the County approved P.U.D. had legal validity. This County approved P.U.D. plan called for 143 single-family, zero lot line homes, with common landscaped areas and served by private drives. Two street improvements were constructed to serve the original P.U.D.: Manhattan Avenue and Stream Court. In August of 1988, the Planning and Zoning Board denied a request to amend the Park South Master Plan to allow 44 single-family lots, 14 zero lot line units and 233,000 square feet of office, commercial, and retail uses. This denial was based on the finding that the proposed land uses would create demands on the transportation facilities which would exceed the capacity of the existing and future transportation network of the City. In November of 1988, the City Council upheld this denial on appeal. • 0 Park South PUD, 3rd Replat, Preliminary and Final, #46-88G January 27, 1997 P&Z Meeting Page 3 On September 23, 1991 the Planning and Zoning Board approved the Park South Amended Overall Development Plan on 34.3 acres. On December 16, 1991, the Planning and Zoning Board approved the first residential filing based on the Park South P.U.D. Amended Overall Development Plan. This filing was referred to as Four Seasons Seventh Filing and consisted of nine single family lots on two acres of Parcel C, a residential density of 4.5 dwelling units per acre. The identification to Four Seasons and not Park South was due to the orientation of to Benthaven Drive and inclusion to the Four Seasons Homeowner's Association. On March 23, 1992 the Planning and Zoning Board approved the Park South P.U.D., First Replat to allow 23 single family lots on 3.91 acres of Parcel C, a residential density of 5.88 dwelling units per acre. On July 27, 1992 the Planning and Zoning Board approved the Park South P.U.D., Second Replat to allow 91 single-family dwelling units on 15.54 acres of Parcel C, a residential density of 5.86 dwelling units per acre. On September 9, 1996 the Planning and Zoning Board approved, by a vote of 3-2, an amendment to the Park South Amended Overall Development Plan (thereby creating the existing ODP). The amendment allowed a change of uses on the subject 13.34 acres from neighborhood convenience shopping center and duplex housing or offices to single family housing. The approval by the Planning and Zoning Board was upheld by the City Council on appeal by a vote of 4-2 on November 12, 1996. The Resolution making findings of fact and conclusions regarding the appeal of the Planning and Zoning Board's approval was approved by the City Council by a vote of 6-0 on November 19, 1996. 2. Land Use: This is a request for 73 single-family lots on 13.34 acres known as Parcel A-1 of the Park South Amended Overall Development Plan; a residential density of 5.47 dwelling units per acre. The property is located at the southwest corner of West Horsetooth Road and Manhattan Avenue and is zoned R-L-P, Low Density Planned Residential. A. Overall Development Plan: The existing Park South Amended Overall Development Plan allows a maximum of 75 single-family dwelling units on Parcel A-1. The request for 73 single-family dwelling units is consistent with the approved Park South Amended Overall Development Plan. In approving the existing Park South Amended Overall Development Plan, the City determined that the Amended ODP was in compliance with the City's Comprehensive Plan. By virtue of being consistent with the Amended Overall Development Plan, the Park South PUD, 3rd Replat is also consistent with the City's Comprehensive Plan. Park South PUD, 3rd Replat, Preliminary and Final, #46-88G January 27, 1997 P&Z Meeting Page 4 B. Residential Uses Activity Chart (Point Chart H): The request was evaluated against the Residential Uses Activity Chart (Point Chart H) of the Land Development Guidance System and earns 90% of the maximum applicable points, exceeding the minimum required 60 points for a residential density of 5.47 dwelling units per acre. All 90 point are earned from the Base/Locational Criteria, exceeding the minimum required 40 points. Points were awarded for the following criterion: a. being located within 2, 000 feet of an existing neighborhood shopping center- 20 points. The entire project is within 2,000 feet of Creger Plaza (Albertson's Supermarket and other retail stores). C. being located within 4,000 feet of an existing community and regional shopping center, or a community/regional shopping center to constructed as part of the project - 10 points. The entire project is located within 4,000 feet of Foothills Fashion Mall. d. being located within 3,500 feet of an existing neighborhood or community park, or community facility (except golf courses) - 20 points. The entire project is within 3,500 feet of Troutman Park. e. being located within 2,500 feet of an existing school, meeting all requirements of the State of Colorado compulsory education laws - 10 points. The entire project is within 2,500 feet of Lopez Elementary School. having a boundary contiguous to existing urban development - 30 points. Approximately 78% of the project boundary is contiguous to existing urban (city) development. Only 50% contiguity is required for the full 30 points. C. All -Development Criteria: This Preliminary and Final PUD request satisfies all applicable All -Development Criteria of the LDGS except for A-1.1 "Solar Orientation". Park South PUD, 3rd Replat, Preliminary and Final, #46-88G January 27, 1997 P&Z Meeting Page 5 All development Criteria A-1.1 requires at least 65% of the lots less than fifteen thousand (15,000) square feet in area in single- and two-family residential developments to conform to the definition of a "solar oriented lot" in order to preserve the potential solar energy usage. Only 29% (21 of 73) of the lots within the proposed PUD are meet the definition of "solar oriented" lot. Attached is a variance request dated January 8, 1997, from Lucia Liley on behalf of the developer, Marc Middel. D. Variance Request: Section K, Variance Procedures, of the LDGS states: "The Planning and Zoning Board is empowered to grant variances to the provisions of this section (the LDGS). The decision of the Planning and Zoning Board on any application for a variance shall be set forth in writing in the minutes of the meeting of the Board. Variance requests may be granted if the Board determines that the granting of the variance would neither be detrimental to the public good nor impair the intent and purposes of this section and if the applicant demonstrates: (1) That by reason of exceptional topographical, soil or other subsurface conditions or other conditions peculiar to the site, undue hardship would be caused to a subdivider by the strict application of any provisions of this section, or (2) That by reason of exceptional conditions or difficulties with regard to solar orientation or access, undue hardship would be caused to a subdivider by the strict application of any provisions of this section, or (3) That the plan as submitted is equal to or better than such plan incorporating the provision for which a variance is requested, or (4) The granting of a variance from the strict application of any provision would result in a substantial benefit to the City by reason of the fact that the proposed project would help satisfy a defined community need (such as affordable housing or historic preservation) or would alleviate an existing problem (such as traffic congestion or urban blight), and the strict application of such a provision would render the project practically unfeasible." As stated in Ms. Liley's Variance request, this property is the final phase of an in -fill development. The parcel has only two fixed points of access (Haven Drive from Manhattan Avenue on the east and Rockaway Street on the southwest). Strict compliance with the solar orientation criteria would require streets to have an east/west alignment rather than a north/south alignment. The east/west alignment would cause some lots to be extremely deep and would cause a reduction in the number of dwelling units and density. Staff feels Park South PUD, 3rd Replat, Preliminary and Final, #46-88G January 27, 1997 P&Z Meeting Page 6 that a reduction in density would be more detrimental to City Policies than the loss of solar oriented lots. Therefore, Staff recommends approval of the applicant's variance request on the basis that granting of the variance would neither be detrimental to the public good nor impair the intent and purposes of this section; and that the plan submitted is equal to or better than such plan incorporating the provision for which a variance is requested. 3. Dec: The proposed layout of the Park South PUD, 3rd Replat basically consists of three north/south oriented cul-de-sacs. This PUD application was submitted prior to the adoption of the new City Street Standards. Therefore, 36 foot wide residential streets with roll-over curbs and five foot wide attached sidewalks are proposed. One street tree is proposed per lot behind the sidewalk. Five foot wide sidewalk connections are provided from the end of each cul-de-sac to the sidewalk along West Horsetooth Road. A six foot high wood fence is proposed along the north, west and east property lines. This fence will taper down to a four foot height at each of the sidewalk connections at the ends of the cul-de-sacs. Street trees to be maintained by the City of Fort Collins are proposed between the curb and detached sidewalk along Manhattan Avenue. 4. Neighborhood Compatibility: On September 9, 1996 the Planning and Zoning Board approved the current, Park South Amended Overall Development Plan by a 3-2 vote. In making it's decision to amend the previous ODP, the Board determined that single-family residential housing was compatible with the surrounding land uses. The Planning and Zoning Board's approval was upheld on appeal by the City Council on November 12, 1996. A neighborhood meeting was held on March 14, 1996 regarding this request to amend the Overall Development Plan to allow 75 single-family lots. Minutes of the neighborhood meeting are attached. Concerns expressed at the neighborhood meeting were generally related to the proposed density (too high), the height of houses and number of houses along the west property line, and storm drainage issues. The main issues that remain for the appellants of the ODP decision are as follows: the number of houses proposed along the west property line (10); the setback distance of the houses from the rear property line (building envelope is 15 feet from the rear property line); the height of the houses (request that all houses along the west property line be limited to one-story); and the building materials (request that they be brick units that are similar to the Village at Four Seasons). Park South PUD, 3rd Replat, Preliminary and Final, #46-88G January 27, 1997 P&Z Meeting Page 7 Staff has evaluated the neighbors' concerns and offers the following response: First, there is no land use conflict between the two properties as the Village at Four Seasons are duplex units and the Park South 3rd Replat is single-family residential. Second, fifteen feet is the minimum rear yard set back distance for the R-L Zoning District. If the applicant wasn't proposing a PUD, they would be able to submit a use -by -right subdivision subject to this minimum setback distance. To mandate more has no basis. Third, the duplex units of the Village at four seasons are approximately 19 to 20 feet at their peak height. However, the finished floor elevation of these units are approximately 5 feet higher than the lots proposed on the Park South 3rd Replat. From the Park South property, the Village at Four Seasons units have a relative height of approximately 25 feet. A typical two-story single-family unit (as proposed in the Park South PUD 3rd Replat) is approximately 26 feet tall. Therefore the buildings on both properties will have the appearance of being the same height. Fourth, the only criteria the City has regarding building heights are A-2.8 "Building Heights and Views", and A-2.9 "Shading". A-2.8 is not applicable as no building will be greater than 40 feet. A-2.8 is satisfied in that a two-story house setback a minimum of 15 feet from the rear property line will not cast a shadow greater than a 25-foot hypothetical wall on the property line. Fifth, the applicant is providing two trees per lot along the west property line. In addition, attached is a letter of agreement signed by Marc Middel and the Board of Directors of the Four Seasons Homeowner's Association which states that the two parties will share equally the cost of constructing a new 6 foot high wood fence along the west property line (on the Four Seasons Village property). Sixth, City Staff cannot specify building materials on the proposed Park South PUD 3rd Replat dwelling units as Staff does not review single-family housing building elevations in the PUD process. Therefore, All -Development Criteria A-2.7 is not applicable. Staff recommends that the Park South PUD, 3rd Replat is compatible with surrounding land uses as proposed. 5. Transportation: Vehicular access is proposed from Manhattan Avenue (via Haven Drive) and from Rockaway Street at the southwest corner of the property. Pedestrian access is provided to Horsetooth Road from the ends of each of the cul-de-sacs. Approximately 695 average daily vehicle trips will be generated by the 73 single-family dwelling units. All intersections studied will operate at acceptable levels of service. Park South PUD, 3rd Replat, Preliminary and Final, #46-88G January 27, 1997 P&Z Meeting Page 8 6. Stormwater: The need for stormwater detention resulted in a loss of two lots from the 75 dwelling units anticipated on the overall development plan. In addition to handling all on -site flows according to Stormwater Utility Criteria, the development will be receiving off -site flows from the west, thereby alleviating storm drainage problems for the Villages at Four Seasons. All Stormwater Utility criteria are satisfied. FINDINGS OF FACT/CONCLUSION: The Park South PUD, 3rd Replat, Preliminary and Final, #46-88G is consistent with the City's Comprehensive Plan and the land use designated for Parcel A-1 of the Park South Amended Overall Development Plan. 2. The Park South PUD, 3rd Replat, Preliminary and Final, #46-88G achieves 90% of the maximum applicable points (90 base points) on the Residential Uses Activity Chart (Point Chart H), exceeding the minimum required 60 points for a proposed density of 5.47 dwelling units per acre and exceeding the minimum required 40 base points. 3. The Park South PUD, 3rd Replat, Preliminary and Final, #46-88G satisfies all applicable All -Development Criteria of the LDGS except for A-1.1 "Solar Orientation". 4. The Park South PUD, 3rd Replat, Preliminary and Final, #46-88G can be granted a variance to All -Development Criteria A-1.1 "Solar Orientation" on the basis that granting of the variance would neither be detrimental to the public good nor impair the intent and purposes of this section; and that the plan submitted is equal to or better than such plan incorporating the provision for which a variance is requested. 5. The Park South PUD, 3rd Replat, Preliminary and Final, #46-88G is compatible with surrounding land uses. 6. The Park South PUD, 3rd Replat, Preliminary and Final, #46-88G complies with the City's Transportation policies for traffic volumes and levels of service. RECOMMENDATION: Staff recommends denial of the Park South PUD, 3rd Replat, Preliminary and Final, #46- 88G with following condition: Park South PUD, 3rd Replat, Preliminary and Final, #46-88G January 27, 1997 P&Z Meeting Page 9 The Planning and Zoning Board approves this planned unit development final plan upon the condition that the development agreement, final utility plans, and final P.U.D., plans for the planned unit development be negotiated between the developer and City staff and executed by the developer prior to the second monthly meeting (March 24, 1997) of the Planning and Zoning Board following the meeting at which this planned unit development final plan was conditionally approved; or, if not so executed, that the developer, at said subsequent monthly meeting, apply to the Board for an extension of time. The Board shall not grant any such extension of time unless it shall first find that there exists with respect to said planned unit development final plan certain specific unique and extraordinary circumstances which require the granting of the extension in order to prevent exceptional and unique hardship upon the owner or developer of such property and provided that such extension can be granted without substantial detriment to the public good. If the staff and the developer disagree over the provisions to be included in the development agreement, the developer may present such dispute to the Board for resolution if such presentation is made at the next succeeding or second succeeding monthly meeting of the Board. The Board may table any such decision, until both the staff and the developer have had reasonable time to present sufficient information to the Board to enable it to make its decision. (If the Board elects to table the decision, it shall also extend the term of this condition until the date such decision is made). If this condition is not met within the time established herein (or as extended, as applicable), then the final approval of this planned unit development shall become null and void and of no effect. The date of final approval for this planned unit development shall be deemed to be the date that the condition is met, for purposes of determining the vesting of rights. For purposes of calculating the running of time for the filing of an appeal pursuant to Chapter 2, Article II, Division 3, of the City Code, the "final decision" of the Board shall be deemed to have been made at the time of this conditional approval; however, in the event that the dispute is presented to the Board for resolution regarding provisions to be included in the development agreement, the running of time for the filing of an appeal of such "final decision" shall be counted from the date of the Board's decision resolving such dispute. 0 MARCH & 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) 482-4322 LUCIA A. LILEY TELECOPIER (970) 482-3038 J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS January 21, 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 80522-0469 JAN 21 RECD HAND DELIVERED Re: Park South P.U.D. Third Replat, Preliminary and Final Request for Solar Orientation Variance Dear Planning and Zoning Board Members: The purpose of this correspondence is to clarify that the request for solar orientation variance filed January 8, 1997 on behalf of Horsetooth, Ltd., Marc Middel and Middel Enterprises, Inc. is based on Sections (2) and (3) of LDGS §29-526 (K) . By: LAL/jpk pc: Horsetooth, Limited Sincerely, MARCH & MYATT, P.C.