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HomeMy WebLinkAboutUntitledITEM NO. 8 PLANNING AND ZONING BOARD MEETING OF July 25, 1988 STAFF REPORT PROJECT: Midland Greens P.U.D. Master Plan, County Referral, #7-88A APPLICANT: Dave Shupe Landmark Engineering Ltd. 2300 W. Eisenhower Blvd. Loveland, CO 80537 OWNERS: Robert Underwood Harry Van Der Noord 30101 Town Center Dr. Suite 104 Laguna Niguel, CA 92677 PROJECT PLANNER: Linda Ripley George Von Eissler Consolidated Industries, Ltd. 7900 E. Union Ave., Suite 850 Denver, CO 80237 PROJECT DESCRIPTION: This is a master plan request for 120 single family lots and 4 acres of community service use on 114.28 acres. The applicant is also requesting 1.43 acres to be rezoned from FA -Farming to B-Business. The project is located on the east side of Highway 287, south of Colland Center on land presently zoned FA -Farming and FA-1-Farming. RECOMMENDATION: Denial EXECUTIVE SUMMARY: Midland Greens Commercial and Residential P.U.D. was denied by the Planning and Zoning Board in April 1988. That plan which proposed 104 single family lots on 106 acres and 8.61 acres of commercial development, was inconsistent with the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA regarding development in a "Rural Non -Farm Development Area." The new request is for 120 single family lots and 4 acres of community use on 114.28 acres (1.05 dwelling units per acre). The applicant is also requesting 1.43 acres located adjacent to the existing Alpine Autobahn be rezoned from FA -Farming to B-Business to allow the expansion of that facility. The owner proposes to dedicate approximately 11 acres of open space along Highway 287 to the County in exchange for the increase in density. Staff believes the land dedication along Highway 287 is a good start but is not a sufficient trade off for approving a rezoning or to approve a residential density twice what the INTERGOVERNMENTAL AGREEMENT allows. OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750 SERVICES, PLANNING DEPARTMENT Midland Greens - County Referral P & Z Meeting - July 25, 1988 Page 2 COMMENTS 1. Background: The surrounding zoning and land uses are as follows: N: C - Commercial; (Alpine Autobahn) outdoor amusement park FA,FA-1 - Farming; existing single family (Colland Center [3 DU/AC]) S: FA,FA-1 - Farming; Resthaven Memorial Gardens E: FA-1 - Farming; existing single family (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 square foot minimum lot size, correspond- ing 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 square foot minimum lot size when public water and sewer are pro- vided, resulting in a density of 2 dwelling units per acre. None of the property is presently zoned C-Commercial and the INTERGOVERNMENTAL AGREEMENT specifically disallows rezoning to allow commercial development in the Rural Non -Farm Development Area. Midland Greens Commercial and Residential P.U.D. was denied by the Plan- ning and Zoning Board April 25, 1988. The original request was for 8.61 acres of commercial development along Highway 287 and 104 single family lots on the remaining 106.45 acres for a density of .98 dwelling units per acre. The plan was inconsistent with the INTERGOVERNMENTAL AGREEMENT which 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. 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. Midland Greens P.U.D. Master Plan has been resubmitted with a reduced com- mercial component. The current plan is a request for 120 single family lots and 4 acres of community use on 114.28 acres and a request to rezone 1.43 acres located adjacent to the existing Alpine Autobahn from FA -Farming to B-Busi- ness to allow the expansion of that facility. Minimum lot size is 15,000 square feet and the residential density is 1.05 dwelling units per acre. The owners Midland Greens - County Referral P & Z Meeting - July 25, 1988 Page 3 propose to dedicate approximately 11 acres along Highway 287 to Larimer County as permanent open space, in exchange for an increase in allowable density. Staff has been working with the property owners and both the Larimer County and Loveland planning staffs to negotiate a compromise that would retain the intent of the "Rural Non -Farm" designation i.e., visual separation between the two communities. Staff drafted a preliminary proposal that listed five condi- tions for approval: 1. The developer agrees to deed the open space along Highway 287 to Larimer County as permanent open space. 2. The developer provides a landscape plan for the 250 foot strip along Highway 287. The plan should be a naturalistic design concept that builds upon the riparian landscape already established along the canal. The developer agrees to construct the approved plan and maintain the plant material for a two year establishment period, after which time maintenance would be the responsibility of the local governments. 3. The developer provides a set of design guidelines which address fencing and landscaping of private development adjacent to the permanent open space. 4. The developer dedicates an additional plus or minus 4 acres of land delineated on Exhibit B in exchange for a waiver of park land fees. (The 4 acres is based on 100 residential units, $315.00 per unit park land fee and an estimated land value of $8000.00 per acre.) 5. The developer grants the local governments a three year option to purchase approximately 31 acres of land delineated on Exhibit C. The local governments have the exclusive right to purchase this land either in whole or in part for three years from the date of master plan approval. Fair market value would be determined at the time of purchase. If the local governments do not purchase the acreage within three years, the developer retains the right to develop the property as proposed on the master plan. Although the conditions do not guarantee a visual break between the two communities, they at least give the cities and the County an opportunity to acquire land along a natural drainage swale that is adjacent to existing open space and open space proposed by Midland Greens that would collectively create the desired separation. At the time this memo was written, only one of the property owners has responded. (See attached letter) The response was not completely positive, but seemed to indicate that if more time were spent Midland Greens - County Referral P & Z Meeting - July 25, 1988 Page 4 negotiating, it is conceivable that the objectives of the proposed conditions could be met. 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." Low density residential and open space are the only land uses permitted under the terms of the AGREEMENT. Allowable residential density is defined 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 dwel- ling unit. This project proposes 120 single family lots and 4 acres of community uses on 114.28 acres resulting in a density of 1.05 dwelling units per acre more than double what the AGREEMENT allows. The community uses allowed under the existing zoning include childcare centers, elderly care centers, churches and recreational uses. As part of this master plan proposal, the applicant is making a request to rezone 1.43 acres from FA -Farming to B-Business to allow for the expansion of the existing Alpine Autobahn. Rezoning to allow commercial development within the Rural Non -Farm Area is not allowed under the terms of the INTERGOVERNMENTAL AGREEMENT. 3. Design: The owners of the property propose to dedicate a strip of land 200-250 feet wide along Highway 287 to the County as permanent open space. The current proposal excludes 1.43 acres at the north end of this open space, indicating that if the property is rezoned it will be sold to and developed by the Alpine Autobahn. The remaining acreage is comprised of 120 single family lots and 4 acres designated as community use. The project proposes one access point on Highway 287 located approximately 1300 feet south of the north property line. In addition the street system connects to existing development to the north and south. 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. Approximately 36.3 acres of open space is associated with these features. The developer proposes to leave the open space in native grasses and preserve as much of the existing vegetation as possible. Midland Greens - County Referral P & Z Meeting - July 25, 1988 Page 5 The owners have agreed to provide a landscape plan for the open space along Highway 287 that would reinforce the existing riparian landscape and have also agreed to submit design guidelines which would address fencing and landscaping of private development adjacent to the open space. 5. Transportation Staff has not received an updated traffic study addressing the impact of the current proposal on the existing street systems. RECOMMENDATION: Midland Greens P.U.D. Master Plan is inconsistent with the INTERGOVERN- MENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. The plan requires rezoning to B-Business which is disallowed and proposes a residential density more than double that allowed under the terms of the AGREEMENT. Negotiations with the Loveland and Larimer County planning staffs, with the property owners aimed at achieving a compromise solution, are incomplete. Staff believes that at a minimum, the master plan for this area needs to provide an opportunity for a visual break to be created. The current plan does not do this, therefore, staff is recommending denial for Midland Greens P.U.D. Master Plan, #7-88A.