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HomeMy WebLinkAboutMIDLAND GREENS COMMERCIAL & RESIDENTIAL PUD - COUNTY REFERRAL - 7-88 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 20 PLANNING AND ZONING BOARD MEETING OF April 25, 1988 STAFF REPORT PROJECT: Midland Greens Commercial and Residential P.U.D., County Referral, #7-88A APPLICANT: Robert Underwood Harry Van Der Noord 30101 Town Center Dr., Suite 104 Laguna Niguel, CA 92677 OWNER: Same PROJECT PLANNER: Linda Ripley PROJECT DESCRIPTION: This is a• request for 104 single family units on 106.45 acres and a proposal to rezone 8.61 acres from FA -Farming to C - Commercial. The single family housing is proposed on land presently zoned FA -Farming and FA-1-Farming. The project is located on the east side of Highway 287, south of Colland Center. RECOMMENDATION: Denial EXECUTIVE SUMMARY: The proposed Midway Commercial and Residential PUD is inconsistent with the LARIMER COUNTY LAND USE PLAN and INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. These documents define land use policies for the area beyond the Urban Growth Area, but within the area of joint planning concern. The INTERGOVERNMENTAL AGREEMENT states that Low Density Single -Family Residential (2.29 acres per dwelling unit or .44 dwelling units per acre) and Open Space are the only land use types allowable within the Rural Non -Farm Development Area, as defined in that document. Midland Greens P.U.D. pro- poses commercial development and a residential density of .98 dwelling units per acre. The intent of the INTERGOVERNMENTAL AGREEMENT and the purpose of the Rural Non -Farm designation is to insure a geographic and visual separation between Loveland and Fort Collins. To approve a development of this type at this location jeopardizes this separation and erodes the validity of the INTERGOVERNMENTAL AGREEMENT, therefore Staff is recommending denial. OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750 SERVICES, PLANNING DEPARTMENT Midland Greens P & Z Meeting - Page 2 COMMENTS 1. Background: - CounTtr Referral April 25, 1988 The surrounding zoning and land uses are as follows: N: C - Commercial; Alpine Audubon FA,FA-1 - Farming; Colland Center (3 DU/AC) S: FA,FA-1 - Farming; Resthaven Memorial Gardens E: FA-1 - Farming; Highland Park (.2 DU/AC) W: FA - Farming; Agriculture Urban Growth Area boundaries were established for Fort Collins and Loveland in 1980. The INTERGOVERNMENTAL AGREEMENT FOR THE FORT COL- LINS URBAN GROWTH AREA, entered into by the City and Larimer County in that year designated the one mile stretch between the Loveland and Fort Collins Urban Growth Areas as Rural Non -Farm and agreed to limit develop- ment within this area to Low Density Residential and Open Space. Larimer County did not revise their Zoning Ordinance to bring it into conformance with the AGREEMENT. The east half of Midland Greens P.U.D. is zoned FA-1 - Farming which requires a 100,000 sq. ft. minimum lot size, corresponding to the recommended density of 2.29 acres per dwelling unit. Unfortunately, the west half of the property is zoned FA - Farming which only requires a 22,780 sq. ft. minimum lot size when public water and sewer are provided, resulting in a density of 2 dwelling units per acre. None of the property is presently zoned C-Commercial and the INTERGOV- ERNMENTAL AGREEMENT specifically disallows rezoning to allow commer- cial development in the Rural Non -Farm Development Area. 2. Land Use: Midland Greens P.U.D. does not meet the criteria set forth in the INTERGOV- ERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA for acceptable land uses within the Rural Non -Farm Development Area. Commercial development, other than agricultural business, is limited to that allowed by the zoning in place when Larimer County adopted the INTERGOV- ERNMENTAL AGREEMENT, May 1, 1980. Allowable residential density is def- ined to be one dwelling unit per five acres of land, except in the case of a Planned Unit Development when the density may be increased to 2.29 acres per dwelling unit. Midland Greens Commercial and Residential P.U.D., located within the Rural Midland Greens — Coun'My Referral P & Z Meeting — April 25, 1988 Page 3 Non -Farm Development Area conflicts with both of these policies. Since the property is not presently zoned Commercial, no commercial development is allowed. The density of the proposed residential area is .98 dwelling units per acre. The INTERGOVERNMENTAL AGREEMENT states that the maximum allowable density is 2.29 acres per dwelling unit. 3. Neighborhood Compatibilitv The developer proposes to make Midlands Commercial and Residential P.U.D. compatible with surrounding land uses and the neighboring communities by providing some major open space along the Louden Ditch and drainage ways within the project. In addition the development proposes a fifty foot wide band of "dense landscape screening" along Highway 287. Undeniably these measures would be acceptable for a project located within the UGA. However the concern in this location is .for open space and no amount of screening can compensate for its loss. 4. Design The commercial component of the plan is located along Highway 287, is divided into two tracts separated by the proposed Midland Boulevard. Dense landscape screening utilizing native plants is proposed along Highway 287. The design of the street system and the layout of the lots respond to dominant physical features of the site. A major drainage way runs diagonally across the southeast corner of the project and the North Louden Ditch flows along the south half of the property frontage before crossing under Highway 287. A generous amount of open space is associated with these features and relates to other open spaces proposed by developments located north and south of this property. The developer proposes to leave the open space in native grasses and preserve as much of the existing vegetation as possible. The City Engineering Department has some concerns about street ROW dimen- sions, curve radii and the design of Midland Boulevard. 5. Transportation The City Traffic Engineer has some questions and concerns about the traffic study as submitted. RECOMMENDATION: Staff finds that land uses proposed for Midland Greens P.U.D. are not in conformance with the INTERGOVERNMENTAL AGREEMENT FOR THE Midland Greens - County Referral P & Z Meeting - April 25, 1988 Page 4 FORT COLLINS URBAN GROWTH AREA. Rezoning from FA - Farming to C - Commercial is not allowed under the terms of the AGREEMENT and the density proposed for the residential component is more than twice the allowable density, therefore, staff is recommending denial for Midland Greens Commer- cial and Residential P.U.D., #7-88A. 0 0 Undmurh� ENGINEERING LTD. Midland Greens P.U.D. s Maintenance Proposal/Time Schedules/ Architectural Concepts Two physical features affecting this property are a drainageway traversing the Southeast corner, and the North Louden Ditch, which flows along the South half of the front of the property, then crosses under U.S. Highway 287. In each of these cases, the proposed open space has been locat- ed to incorporate the feature, and make it a functional part of the open space. In the case of the drainageway, a trick- le channel will be cleaned out for low flows, shaped and landscaped as a meandering intermittent stream. In the case of the North Louden Ditch, its flow may be used to deliver irrigation water to maintain the dense landscape screening proposed along the highway. Although this landscaped area is actually in Phase II, some initial landscaping is pro- posed with Phase I in order to establish the dense screen- ing. In addition, the open spaces have been arranged to provide visual continuity with similar areas in the Colland Center, Bruns and Estates West Subdivisions, which border on the North and South, respectively. The existing vegetation is predominately native pasture grasses. It is intended to disturb that as little as possible in the open space areas, or the lots either, during development construction. Neither the irrigation ditch nor the drainageway are felt to be hazardous in any way other than as the well-known "attractive nuisance". That aspect will be addressed in the by-laws and covenants of the corporate Homeowners' Association, as will the actual maintenance of the open space parcels. There are no other recognizable hazards on the property. The tentative schedule for development of this P.U.D. is as follows: Phase I, approximately 50% of the lots, is proposed to be built within the first 5 years. Phase II, the commercial tracts and the remaining 50% of the lots, will be developed within the next 10 years or less. Main Office 2300 West Eisenhower Blvd. Loveland, Colorado 80537 Loveland (303) 667-6286 Dale D. Olhausen, P.E. & LS. President ENGINEERS / ARCHITECTS / PLANNERS / SURVEYORSd Greeley (303) 356.6286 • Fort Collins (303) 221.5550 • Denver (303) 629-7124 The architectural intent in the residential P.U.D. will be houses with a minimum of 1,500 sq. ft., shake or tile roof, and a 2-car min./4-car max. garage. No dwellings more than 2.1/2 stories in height will be permitted. The architectural intent in the commercial P.U.D. is for buildings in scale with the residential character, two stories maximum. All parking areas will be screened form view from adjacent or nearby lots. Trash collection and delivery areas will be fully screened. Pedestrian flow to and within the commercial areas will be encouraged. • � PETITION FOR REZONING Petitioner Robert Underwood & Harry Van Der Noord Interest in Property Owners Laguna .iguel, CA Address 30101 Towm Center Dr., Suite #104, 92677Phone (714) 249-8183 Owner of Record (if other than petitioner) N/A Existing County Zoning FA Date Established Proposed County Zoning C Land Area (acres) t8.42 Ac Adjacent County Zoning (North) C & FA (South) FA (East) FA-1 (West) ,FA Legal Description of Property to be Rezoned:' See Attached Exhibit 'A' What Changing Conditons Have Affected the Property Since the Establishment of the Existing Zone Which Requires This Rezoning?* See Attached What Other Circumstances Justify the Proposed Rezoning? See Attached APPLICATION PROCEDURE: 1. It is recommended that the Petitioner consult with the Larimer County Planning Department prior to filing this application. 2. The following must be submitted to the Larimer County Planning Department: a. Scaled drawing of the total property, showing existing and proposed structures, buildings, roads, parking, and other facilities (five copies or more as requested by staff). Scale 1"=200' b. Completed application form (five copies). C. Written legal description of the property (one copy). d. List of names and addresses of all property owners of record within 500 feet of the subject property (one copy). e. A fee of $165, which includes the cost of legal advertising, postage, notification sign, and the review by County staff. f. A vicinity map (scale of 111=2000'), showing where the property is located in relation to County roads, rivers, natural features, etc. County zoning map or USCS quad map ��-Cef acceptable (five copies). g• a l( 1,040 e ti 4�"�t c L t C7 . 3. Submittal deadlines and hearing dates are indicated on the attached schedule. Recommendation of the Larimer County Planning Commission is made to the Board of County Commissioners, which makes the final decision on the appli- cation. 4. The application is reviewed by Larimer County staff and other interested agencies. It may also be reviewed by any municipality which is within three miles of the subject property. 5. The petitioner must post a notification sign in a conspicuous place on the subject property, as instructed by the Planning Department. This sign is provided to the applicant at the time the application is submitted. I have read the within application, and hereby affirm that all facts recited herein are true. d SIGNATURj (.���DATE I; xTr --.!,,; ..;,,,,•,t onnrn ; s nA('clod, use reverse _side or attachments. January 19, 1988 Project No. 3936-HD8A-01-564 EXHIBIT 'A' Legal Descriptions of Commercial Properties For The Proposed Midland Greens Commercial P.U.D. Tract 1 That portion of the South half of the Northwest Quarter of Section 24, Township 6 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the West line of the Northwest Quarter of said Section 24 as bearing North 00020'10" East and with all bearings contained herein relative thereto. Beginning at the West One Quarter Corner of said Section 24; thence along the West line of the Northwest Quarter of said Section 24 North 001120110" East 1327.22 feet to the Northwest Corner of the South half of the Northwest Quarter of said Section 24; thence along the North line of the South half of the Northwest Quarter of said Section 24 South 89114156" East 70.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said North line South 89114156" East 317.95 feet; thence departing said North line South 44114156" East 198.36 feet; thence South 00°20'10" West 431.43 feet to a point on a curve concave to the Northeast having a central angle of 25150'31" and a radius of 100.00 feet; thence Westerly along the arc of said curve 45.10 feet to the end of said curve; a radial line passing through said end of curve bears South 26°10141" West; said end of curve also being the beginning of a curve concave to the Southwest having a central angle of 25050131" and a radius of 100.00 feet; thence Westerly along the arc of said curve 45.10 feet to the end of said curve; thence tangent from said curve North 89139'50" West 370.00 feet; thence North 00020110" East 555.00 feet to the TRUE POINT OF BEGINNING. The above described tract contains 5.60 acres more or less. Tract '2' That portion of the South half of the Northwest Quarter of Section 24, Township 6 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the West line of the Northwest Quarter of said Section 24 as bearing North 00°20'10" East and with all bearings contained herein relative thereto; Beginning at the West One Quarter Corner of said Section 24; thence along the West line of the Northwest Quarter of said Section 24 North 00020'10" East 1327.22 feet to the Northwest Corner of the South half of the Northwest Quarter of said Section 24; thence along the North line of the South half of the Northwest Quarter of said Section 24 South 89014'56" East 387.95 feet; thence departing said North line South 44014'56" East 198.36 feet; thence South 00*20110" West 491.43 feet to the TRUE POINT OF BEGINNING; thence continuing South 00°20'10" West 300.00 feet; thence South 46°00'00" West 170.00 feet; thence North 89039150" West 158.37 feet; thence North 12000'00" West 408.23 feet; thence South 89°39'50" East 280.00 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 25050133" and a radius of 100.00 feet; thence Easterly along the arc of said curve 45.10 feet to the end of said curve; a radial line passing through said end of curve bears South 25030123" East; said end of curve also being the beginning of a tangent curve concave to the Southeast having a central angle of 25050'33" and a radius of 100.00 feet; thence Easterly along the arc of said curve 45.10 feet to the end of said curve; said end of curve being the TRUE POINT OF BEGINNING. The above described tract contains 2.82 acres more or less.