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HomeMy WebLinkAboutMIDLAND GREENS PUD MASTER PLAN - COUNTY REFERRAL - 7-88A - DECISION - OTHER JURISDICTIONS• • MINUTES LARIMER COUNTY PLANNING Subdivision and Zoning DATE/TIME OF MEETING: July 27, 1988 6:30 P.M. MEMBERS PRESENT: COMMISSION Matters Commissioners Johnson, Norman, Moore, VanHorn, Pederson, Bolton and Chairman Keiss MEMBERS ABSENT: Commissioner Buell STAFF PRESENT: Henry Baker, Planning Director; Jill Bennett, Comprehensive Planner; Al Kadera, Subdivision Administrator; Gerald White, Zoning Administrator and Pam Kjar, Recording Secretary AMENDMENTS TO THE AGENDA: Henry Baker, Planning Director, informed the Commission that a request had been received to table the Hicks Special Review until August 24, 1988. Commissioner Johnson moved to table Hicks Special Review request to August 24, 1988. Commissioner Norman seconded the motion. It received unanimous voice approval. MINUTES: Henry Baker, Planning Director, presented the minutes from the June 22, 1988 Planning Commission meeting for approval. Commissioner Norman moved to approve the minutes as presented. Commissioner Moore seconded the motion. It received unanimous voice approval. ITEM #1: MIDLAND GREENS P.U.D. MASTER PLAN AND REZONING (COMBINED WITH ESTATES WEST P.U.D. MASTER PLAN AND AND PRELIMINARY PHASE PLAN) Al Kadera, Subdivision Administrator and Jill Bennett, Comprehensive Planner indicated that this is a request to combine the Midland Greens P.U.D. Master Plan with the approved Estates West P.U.D. Master Plan and Preliminary Phase Plan and rezone 1.43 acres to B-Business for a 1602 CJ Planning Commission July 27, 1988 combined residential commercial Planned Unit Development consisting of 120 units on approximately 117 acres. STAFF FINDINGS: 1. The rezoning from FA -Farming to B-Business is inconsistent with the intent and purpose of the Larimer County Comprehensive Plan and the Intergovernmental Agreements with Loveland and Fort Collins. 2. The location of a commercial recreation business adjacent to proposed single family residential lots is inconsistent with the intent and purpose of the Planned Unit Development Resolution. 3. The proposed Midland Greens Master Plan is consistent with the residential densities permitted by the existing zoning of the site. 4. Additional open space, acquired through continued negotiation with the applicant, would further the community goal of providing a visual and physical separation between the cities of Fort Collins and Loveland. 5. The proposed Master Plan is consistent with the minimum requirements of the Planned Unit Development and the Subdivision Resolutions. 6. Approval of the proposed Midland Greens P.U.D. Master Plan, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities, or the natural environment. TESTIMONY: John Chilson, attorney representing Robert Underwood and Harry Van Der Noord, presented the rezoning request to the Commission. Mr. Chilson stated that the property to be rezoned was orignally an 8-acre tract. He stated that the applicant has since made concessions including deeding open space to the governmental bodies and the applicant has reduced the size of the parcel to be rezoned to 1.43 acres. The proposed 1.43 acres will be sold to the owner of the entertainment business located adjacent to the parcel for additional parking. Mr. Chilson stated that the existing parking utilized by the entertainment business is currently a right-of-way for the Division of Highways and could be used for expansion of Highway 287 at a future date. 1603 Dave Shupe, representative for the applicant, indicated that the applicant did have concerns with condition #13 on this request. He stated that the City of Loveland recommended acquisition of land nearer the Midland Greens entry way to provide a visual linkage between the open space along the frontage and the open space along the drainage way. The City of Fort Collins preferred the open space be along the south boundary area. Mr. Shupe stated that the applicant was not willing to pay for maintenance on the private open space if it is to be located adjacent to public open space and utilized by the public. Mr. Shupe stated that the City of Loveland and the City of Fort Collins were referring to a proposed trail system between the two cities adjacent to Highway 287. Mr. Shupe explained to the Commission that the proposed P.U.D plat tried to blend its lot sizes in proportion to the size of the surrounding lots. Mr. Shupe informed the Commission that the residents of Colland Center and Bruns P.U.D. did not want to see Bruns Drive extended to meet Allott Avenue as it would increase traffic flow in the area. Mr. Shupe stated that the applicant did not have problems with the major concerns and conditions of approval recommended by staff. Al Kadera, Subdivision Administrator informed the Commission that this request in it's master plan status, was not ready for proposed street changes and that changes could be incorporated before final plat approval. Jim Ringenberg, representative of the Bruns P.U.D. Homeowners Association, was present to speak in opposition to the proposal. He stated that the concerns were that an increased noise level in the area would result from the rezoning and subsequent expansion of the entertainment facility; that valuable open space was not being provided to Larimer County; that areas in the southwest corner of the plat may not be suitable as building parcels. Mr. Ringenberg stated that the owners of these lots in Bruns P.U.D. were given a copy of the preliminary plat of the Estates West Subdivision and were assured from the project engineer that the area would be developed in this manner. Mr. Ringenberg stated that the Homeowners Association was in support of the original Estates West P.U.D. over the Midland Greens proposal as the Midland Greens proposal represented an increase in density for this area. Gary Mink, property owner, opposed the proposal due to the increased density as he felt increased density would restrict environmental growth. He spoke in direct opposition to the rezoning request by stating that zoning laws were enacted to protect the rights of existing property owners not just to see to the health, safety and public welfare. 1604 • • Planning Commission July 27, 1988 Martha Weeks, resident of Colland Center, was concerned about the cost of maintenance on Allott Avenue as this street will continue through the Midland Greens Subdivision and currently the residents of Colland Center are responsible for sharing the cost of road maintenance. She mentioned that 50% of the lots in Colland Center are still available (approximately 120), and felt that another residentidal subdivision in the area was not justified. Diane Caponola, Colland Center resident, was opposed to the request as she felt the schools are currently overloaded. Al Kadera read to the Commission the comments on the proposal he received from the Thompson R2-J School District. The comments stated that schools in the area are currently overcrowded and that developers should notify buyers that it cannot be assumed that children will attend specific schools in the area. The district has requested that developers work with the school district in developing walkways and/or school bus waiting areas for school -age children of the proposed subdivision. Dave Sweetzer, resident of Turman Acres, spoke against this proposal as he felt the development was inconsistent with the existing development in reference to lot size. Ben Abeyta, resident of Colland Center, objected to the proposal due to the Allott Avenue extension. Not only did he object to the additional cost of maintenance, but he stated that the extension of Allott Avenue posed a threat to the safety of the children in the area. Ray Depler, resident of Bruns P.U.D., stated that he objected to the proposal as he felt the proposal would have a significant effect on property values in the area. Mr. Depler stated that he felt the development of Midland Greens would affect the 30-35 acres of open space provided in Bruns P.U.D. Mr. Depler also stated that he purchased his property under the impression that the ground was to be developed as in the original Estates West preliminary plat and he was opposed to the new proposal with increased density in the area. Mr. Chilson, stated that the developer's original engineer, Mr. John McCarty, was not authorized to guarantee the future development of the proposed site. DISCUSSION: Commissioner Johnson stated that the he felt the controversy on the 1605 Planning Commission July 27, 1988 proposal centered around the issue of density of the area. Commissioner Bolton agreed with his theory, but also stated that the proposed master plan has tried to incorporate the densities of the surrounding subdivisions. Commissioner Pedersen stated that he felt the rezoning request should be handled as a separate matter in this proposal. Chairman Keiss informed him that this would be appropriate. Commissioner Moore stated that she does not feel the property should be rezoned without a commitment of it's intended use from the applicant. Commissioner Pedersen felt that the proposed rezoning request should be denied as surrounding property owners were in opposition to the existing recreational facility and approving rezoning on the ground before it is actually needed would not guarantee it's future intended use. Commissioner Moore questioned Mr. Kadera as to whether a rezoning of this property could occur at a later date. Mr. Kadera informed the Commission that a rezoning request of this type could come before the Commission after six months if this request is denied. MOTION: Commissioner Pedersen moved to recommend denial of the rezoning request. Commissioner Moore seconded the motion. DISCUSSION: Commissioner Johnson felt the proposal is incompatible with surrounding property uses. Comssioner Bolton stated that any proposal in this area will have difficulty achieving conformity due to the various densities of the surrounding subdivisions. Comssioner Moore felt the request provided a workable compromise to the density problem. Comissioner Pedersen stated that he thought the lot size should be increased to provide more openness and to preserve land values in the area. Commissioner VanHorn stated that he did not object to the proposal as he felt the density was consistent with the FA-1 Farming 1606 Planning Commission July 27, 1988 zoning district, but did object to the staff recommendation that each lot owner be required to install a yard light. Commissioner Bolton stated that she did not have a problem with the lot size, but stated that obstruction of view to surrounding property owners will result with the increased density in the area. ROLL CALL VOTE: Yes: Commissioners Johnson, Norman, Moore, VanHorn, Pedersen, Bolton and Chairman Keiss No: None MOTION: Commissioner Moore moved to recommend approval of the proposed P.U.D. Master Plan with the following conditions: 1. The business area shall be relabelled and used as open space. 2. All preliminary phase plans based on this Master Plan shall be completed in conformance with the conditions of approval, the Larimer County Subdivision Resolution, and the Larimer County Planned Unit Development Resolution. 3. The following notes shall appear on the preliminary phase plans and final plats: A. "Engineered footing and foundation plans shall be required for any construction on this site." B. "Radon gas detection tests shall be performed in all residential structures prior to the issuance of a Certificate of Occupancy." 4. All preliminary phase plans shall address the concerns of the Poudre Fire Authority, the County Engineer, and the State Highway Department. 5. All preliminary phase plans shall include utility easements required by any utility providing service to this site. 5. All preliminary phase plans shall include utility easements required by any utility providing service to this site. 1607 Planning Commission July 27, 1988 6. Floodplain limits for all drainage areas on this site shall appear on any final plat. Preliminary phase plans shall incude sufficient data to determine the limits of the floodplain areas. 7. The ditch easement required by the North Louden Ditch Company shall appear on the appropriate final plat(s). 8. The developer shall deed the interior open space to the Homowners Association prior to the release of the Subdivision Improvements Agreement in each phase. 9. Approval of this Master Plan shall be for a period not to exceed three years. 10. Uses in the Community Use Area shall be subject to the review and approval of the Board of County Commissioners prior to the issuance of a building permit. This review shall be conducted in a manner similar to the Special Review procedure outlined in the Comprehensive Zoning Resoution. 11. Each lot owner shall be required to install a yard light in lieu of installing street lights in the Rural, Non -Farm area. 12. The improvements on the north end of the proposed open space area shall be removed at the developer's expense and the area reclaimed to at least the condition of the rest of the open space. 13. The preliminary phase plans shall be submitted in substantial conformance with the phases indicated in the proposed Master Plan. 14. THE DEVELOPER AGREES TO DEVELOP BUILDING ENVELOPES THAT WILL MINIMALLY OBSTRUCT VIEWS OF THE SURROUNDING PROPERTY OWNERS. 15. THE DEVELOPER WILL AGREE TO ENTER INTO GOOD FAITH NEGOTIATIONS WITH THE GOVERNMENTAL BODIES OF THE AREA TO ENHANCE OPEN SPACE POTENTIAL. Commissioner Bolton seconded the motion. Commissioner Pedersen stated that on condition #14, "minimally obstruct" would not be legally enforcable and it would not be legally enforceable to ask the developer to enter good faith negotiations. 1608 AMENDMENT TO THE MOTION: Commissioner Norman moved to delete condition #11 from the recommendation. Commissioner VanHorn seconded the motion. ROLL CALL VOTE, AMENDMENT: Yes: Commissioners Moore, Bolton, Johnson, Norman, VanHorn, Pedersen and Chairman Keiss ROLL CALL VOTE, MAIN MOTION: Yes: Commissioners Bolton, Johnson, Norman, Moore, VanHorn and Chairman Keiss No: Commissioner Pedersen ITEM #2: STERLING SPECIAL REVIEW Gerald White, Zoning Administrator informed the Commission that this request is for approval to conduct a gravel mining operation in the FA-1 Farming Zoning District. STAFF FINDINGS: 1. The proposal complies with the intent and purpose of the Zoning Resolution and the Larimer County Land Use Plan. 2. Under the conditions noted, the proposal is harmonious with the surrounding neighborhood and should have no effect on the neighborhood or on property values in the area. 3. As presented and conditioned, the proposed use will not impair the public health, welfare, prosperity, or safety by creating undersirable traffic congestion, undesirable sanitary conditions, overburdening of utilities or environmental influences in the area. 4. The Fort Collins Planning and Zoning Board has recommended denial. 5. The proposed mining will commence subsequent to August 1991 with mining to continue for about 10 years. 6. All procedural requirements for reviewing this Special Review request have been complied with. 7. Mineral resources are recognized by the State and County to be an important non-renewable resource, which are necessary for present and future development. 1609