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HomeMy WebLinkAboutMIDLAND GREENS COMMERCIAL & RESIDENTIAL PUD - COUNTY REFERRAL - 7-88 - DECISION - MINUTES/NOTESApril 25, 1988 • r • Page 16 Chairperson O'Dell stated she would be surprised if the School Board were to choose this site as being acceptable for the reason that the arterials arc too close in relation to the proposed school location. Member Edwards moved to approve the Horsetooth West PUD - Master Plan as presented. Member Strom seconded. Motion passed 4-3. With Members Crews, Kern and Brown voting no. MIDLAND GREENS COMMERCIAL AND RESIDENTIAL PUD AND REZON- ING -COUNTY REFERRAL Linda Ripley gave the staff description of the project. Dave Shupe stated he wanted to correct the staff report. He indicated the property north is an autobahn; a recreational center featuring go-carts. He informed the area is designed as an open space. The approach of the plan is the concept of separation between the cities. He stated the green space along the front and across the frontage of the commercial parcel to the north can be heavily landscaped. He informed a plan had been submitted to the County that illustrates the type of landscaping being described. He stated the landscape screen can add to the separation of the cities in an appropriate way. Linda Ripley stated staff is recommending denial because of the project's inconsistency with the Larimer County Land Use Plan and the Intergovernmen- tal Agreement of the Fort Collins Urban Growth Area. She stated that the plan proposed commercial development, as well as, residential density twice the limit allowable in the agreement. Mr. Shupe stated the Intergovernmental Agreement also provided that the County would restructure its zoning ordinances in such a way to enforce the rural farm designation in this area. He stated that the County had chosen not to do this, for reasons unknown to him. He stated by virtue of the zoning ordinance only, this.property could contain 125 units under the FA zoning. He said this could be an enforceable situation. Member Kern stated that in the FA zone, 1/2 acre lots would be acceptable. He asked to what extent do the Intergovernmental Agreements override this zoning. Tom Peterson stated he was not sure the answer he was giving was completely correct. The Intergovernmentai Agreement created an overlay zone which superseded County zoning in the areas covered by the Intergovernmental Agree- ment. Mr. Shupe stated that his comments stemmed from a legal representative he had sought, and that they were not his own. Member Brown commented that one fact was that C-Commercial was not allowed in the FA zoning. She stated the development might be 125 units but not commercial. ( I f April 25, 1988 a W Page 17 Mr. Shupe stated the C-Commercial would help in paying for the proposed landscaping. He informed the Board that the landscaping would cost approxi- mately $30,000. Member Brown asked if there were any restriction on the landscaping due to its location with the highway. Mr. Shupe stated site distance at the intersection was one restriction. This area would have to meet the site criteria for the Highway Department. Paul Eckman stated he had his doubts that the Intergovernmental Agreement had created any zones within the County because they have to comply with the statutory procedures for rezoning. Member Kern commented he was in sympathy with a number of items Mr. Shupe had stated. In regards to the landscaping, Member Kern stated, if the $30,000 estimate was correct, the homes within the development would receive approximately $300 of this landscaping. Mr. Shupe stated there would be, perhaps, some area for negotiation. He stated that the owner of the Autobahn would like some space to expand, by perhaps buying two acres of the property. Member Edwards stated he understood why staff was recommending denial because of staff's criteria and the Intergovernmental Agreement. He wondered if there could be an alternative or another way to approach this situation. He asked if the City could approve the project with conditions. Linda Ripley stated staff was recommending denial because of the commercial use along 287. She commented there was no doubt this was not an appropriate land use in this area. She stated that the Intergovernmental Agreement guarantees housing density of 2.29 acres per dwelling unit. She added there might be a solution somewhere in the middle; more housing units could be allowed, grouped in a way to leave more open space. Member Edwards stated this would require a major replatting of the applica- tion. Linda Ripley stated she had hoped a new application would have been sub- mitted at this meeting. Member Crews inquired how the Board would look at this application under a new agreement. Tom Peterson stated the project would be reviewed in the same way. Member Kern suggested the recommendation be split into two parts, commercial and density. Mr. Shupe stated the project was presented as commercial and residential PUD's. IN April 25, 1988 r. Page 18 r Member Edwards inquired if the Board was reviewing two applications. Mr. Shupe stated the County had asked him to present the project as one, but had advised it could be reviewed as two separate items. George Von Eissler, President of Consolidated Industries Unlimited, stated he owns the 35 acres to the south of the project. He stated that at this time, he has a PUD in existence. He stated his concerns about the economic status of the area. He added "as is" the area is not economically feasible. He stated a good compromise is needed. He discussed the possibilities of a convenience store being located off of Highway 287. He stated the store could be effectively spreened. Member Kern stated that it would not be appropriate for a convenience store to be located on 287. This was not good planning. Member Strom commented there was no way he could support the development with its current density and would vote against the project. Member Crews stated there are two parties to the agreement, the City and County. Chairperson O'Dell stated the Board would uphold their part of the agreement and that she could not support recommendation of the project to the County. Member Kern moved for the denial of the Midland Greens Commercial and Residential PUD and Rezoning - County Referral for the following two rea- sons. (1) The Board does not want the area to be rezoned from FA to C Com- mercial; and, (2) the residential section is almost twice the allowable density allowed under the Intergovernmental Agreemead: Member Klataske seconded. Motion denied 7-0. WALKER MANUFACTURING REZONING AND PRELIMINARY PLAT -COUNTY REFERRAL Debbie deBesche gave staff's description of the project. Bob Walker stated he understood that the project does not fit the current zoning and land use plan. He stated that the property would be located adjacent to a turf farm area. He commented that this project can not go into an existing industrial zoned area and have the water to grow 20 acres of turf. Member Edwards asked if it was not financially feasible to locate within the City. Mr. Walker stated he can not afford to buy within the commercial use. Member Edwards asked if Woodward Governor used City -treated water. AV