HomeMy WebLinkAboutARAPAHOE FARM TOWNHOMES PUD - FINAL - 55-87K - DECISION - MINUTES/NOTES • Planning and Zoning Board Minute5
March 28.1994
Page 10
Item 16. Aranahoe Farm Townhouses PUD - Final.
Mr. Ted Shepard, Project Planner, read the staff report and recommended approval of the
project with conditions. He gave the Planning and Zoning Board an addendum to the staff
report are two conditions of approval that staff has recommended.
1. No building permit shall be issued in this development until the vacation of the stub
end of Hilburn Drive is completed, which vacation shall include the retention by the
City of an easement of 10 feet in width for a sidewalk connecting this development
with the Regency Park PUD. Unless otherwise agreed upon, in writing, by the owners
of the two properties abutting said portion of Hilburn Drive, the sidewalk reservation
shall be located in the middle of the land to be vacated. Said vacation shall also include
a utility easement for the existing waterline.
The second condition of approval has to do with some of the neighborhood input in this
project that has occurred after the staff report was printed. It reads as follows:
2. Approval of this PUD is conditioned upon final plans containing the modifications
pertaining to deleting four parking spaces next to Building G. Changing evergreen
species from Austrian pines to Blue Spruce. Expanding the notes regarding construction
debris and temporary fencing and specifying the roofing materials on the architectural
sheet.
• These were things that were agreed upon by both the applicant and the affected property
owners in a recent neighborhood meeting.
Staff is recommending approval of this final. The final is in substantial conformance with the
preliminary PUD, heard in December 1993. There were six conditions of approval at
preliminary that were satisfied.
Member Strom asked if this was a late breaking development and is that why the Board doesn't
have these done?
Mr. Shepard said it is the language that we have in the standard condition of final approval,
as Condition 1, regarding timely filing of utility plans and development agreement. That
standard language does not contain language regarding vacation of a public street. We want
to make sure that regarding the vacation, it has to go to Council for two readings does not fall
into a bureaucratic black hole. Staff wants to make sure that it gets done. He commented that
staff wants to tie in the issuance of the building permit with the legalistic follow-through of
vacating the public right-of-way. We don't want to have a PUD out there that shows a right-of-
way being vacated, when in fact it takes two readings by Council to vacate it.
Mr. Shepard stated the second condition is to alert the Board to the fact the plans reviewed at
work session did not contain these "punch list" items. Yes, they are late breaking and staff
wants you aware of them as is the neighborhood group and such items are to be part of the
final mylars.
• Member Cottier asked if the 4 parking spaces near Building G will be turned into green space?
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• March 28.1994
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Mr. Shepard said that was correct.
Mr. Eldon Ward - Cityscape representing the applicant James Company - This is a final PUD
and is in substantial conformance to the preliminary and conditions were addressed through
the normal process. The two additional conditions are housekeeping items that came up at a
meeting held with representatives of a neighborhood on Thursday evening, the night before
the Board's work session. The applicant thought the vacation would be covered in the normal
language of the development agreement,the other items are straight forward. He stated minor
clarifications such as not all of the Austrian Pines will not be changed to Blue Spruce, just in
certain areas that were requested by specific neighbors and the 4 parking spaces to be deleted
for the driveway could be shortened, to create more berming and landscaping.
CITIZEN INPUT.
Mr. Steve Gottschalk - resident of the Hilburn Court area on the abutted street. He stated he
was part of a very active homeowners group. They have learned a lot through the process. One
of the concerns was the process itself throughout the community.
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1.1,Rezoning"Rezoning to the single-family dwelling homes to the multi-family homes
in the Arapahoe Town Farm which wilf'allovtithe townhome project to be built. Most
of the homeowners built in Regency Park, The Gates and The Overlook recently, came
with the understanding this would all be single-family potential patio homes. He
• discussed at length rezoning in the area where inadequate notice was given.
2. Compatibility. The Neighborhood Compatibility Study was extensive and is good.
There are concerns with regard to materials that are common to the neighborhood
surroundings,over population of the schools which would create busing situations, and
berming and buffering.
Kevin Walker - 4413 Hilburn Ct. - One of the conditions for approval at the preliminary was
for the builder to meet with the residents to talk about:
1. Exterior/brick and shingles.He reported at a neighborhood meeting that brick usage
was discussed but no change, roofing material with an increase of the weight of the
asphalt shingles to 300 lbs per square feet. That in essence was the end of the meeting.
The neighborhood has shake shingles. One neighbor had researched this issue
thoroughly with costs and data and wasn't allow to present his report)?At last
Thursday's meeting there was an example of asphalt shingles with a shadow line. The
neighbors viewed this application in another neighborhood; he maintained his position
for wood shake shingles. Perma-tek material was presented as an alternative from the
neighborhood with a 50 year warranty which costs 10%more. The issues concerning the
brick has been dropped, yet the builder contends the value of the units he is building
will be more in value than our own units. If asphalt is not compatible with wood
shakes, what is not?
2. Size. The height of these units will be 28 feet. There is a grading and elevation plans
• are vague at this time with a possible height to these buildings being 8 feet taller. He
stated their desire for patio homes than townhomes for transition change from single
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family. The neighbors proposed that the units be reduced on the boundary line and the
builder answered no. There are last minute mitigations of the parking lot and
buffering. They requested that more time to evaluate the changes.
He summarized that there are elements that do not fit and collectively the residents have a lot
at risk as well. There are homes that are not selling because of the property project site and
concerns over the proposed development. He contended the real compatibility issues have not
been worked out and referred to the LDGS to support his position of incompatibility and
transition issues.
Den Hoag - 4517 Hilburn Ct. - Greenbelt. One of the conditions in the preliminary was to
increase the greenbelt. The builders dropped one unit to gain only nine more feet of buffer.
There is concern that it is not sufficient. Most natural buffers between projects is a street with
front yards providing buffer. In this case there is a minimum of 55 feet. The neighbors have
asked the developer to drop one more unit to gain additional nine feet as a compromise but the
Developer is against it. The neighbors feel there needs to be more transition. He believed the
berming and landscaping insufficient for the height and mass of the buildings. They requested
the landscaping at Hilburn Drive be accomplished at the beginning of the project. He brought
photos of a trash problem and requested containers with lids and a temporary fence constructed
to control trash from blowing. The greenbelt is the main issue to bring compatibility to the
project site/neighborhood for a smooth transition.
• Tom Wilberton - 4419 Hilburn Ct. - He is a resident for 5 years. After four months of
residence, the sidewalk was removed. The Hilburn street was made deadend with no warning,
notice or follow up. After much research, Home Federal the property owner, agreed to some
restoration in the form of a landscape timber wall on the southside of the property. There was
an additional investment over $1,000 individually for trees, shrubs and landscaping material.
He was told at a neighborhood meeting that he is now responsible for the sidewalk (remember
his was removed without notice). At the Planning and Zoning Board Preliminary hearing there
was a condition that the street be made compatible with the neighborhood. To date this
condition has not been met. There needs to be a permanent barrier as a fence and landscaping.
Are the neighbors having to assume the costs because the City of Fort Collins changes policy
about what to do about this partial street. He referred to the LDGS which reads "privacy
control is an essential important consideration in or adjacent to residential projects." With the
property line 50 feet on westside and public right-of-way dissecting the area on the south side,
it seems the neighborhood has lost privacy. He requested the project be delayed to work out
solutions.
Steve Gottschalk said many people are not attending these hearings because there is a feeling
that it does not do any good. The neighborhoods he represents are the Regency Park,the Gates,
The Overlook,Westbrooke,Wagonwheel,Imperial Estates,Rossborough and Chaperal. Evidence
of the interest is a petition submitted to the Board containing more than 246 signatures. There
is a genuine interest from the neighborhood. He concluded with the submittal of letter from
Nan McClurg to the Board concerning issues of inadequate traffic study,further compounding
of the population to existing schools, construction traffic, public notification, believed the
process has failed. There has been inadequate time to negotiate the vacant land and
responsibilities concerning that issue near Hilburn stub. The building permit will not be issued
to the developer until the vacation is completed, but negotiation of the problems has not
• occurred. He also has fence problems. There is 55 feet from the property to the first building
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in the neighborhood. He requested details for final approval, if the developer answers a Board
question in a way that is not agreeable to the neighborhood, he would like to be able to speak
at that time.
Chair Clements asked staff about rezoning of the property from patio homes to townhomes,the
definition and history?
Mr. Shepard said the "rezoning" has gone from patio homes to townhomes. The patio home is
considered a single-family home on a lot less than 6,000 square feet,minimum lot size,typically
the homes are smaller. The zone change being referred is not technically a zone change, no
zoning was changed, the ODP was amended and that particular parcel was designated as patio
homes. When the Woodridge project came in, the master plan was amended, a lot of the parcels
changed configuration, this particular parcel was given the designation of patio home and/or
multi-family (a townhome being multi-family). The location of the convenience center was
debated at that time on the south and west side of Harmony and Seneca and requested to be
placed on this site as an alternative use because it was closer to the school and the children
wouldn't have to cross an arterial street. This was done in 1991 as an ODP change, a shifting
of land use parcels.
Chair Clements reflected citizen's interest in why the city encourages a variety of housing
types and what are the philosophies behind the approach?
• Mr. Shepard stated that within each square mile section throughout the community it is
desirable to have a mix of density and housing opportunities for a variety of levels of ages,and
income. Housing types and densities should not be relegated to certain portions of the City.
ODPs for a Housing mix may not be popular in a given market at the time. The City tries to
hold to the mix with the intent over a period of time. Master plans get amended, designations
are change and the mix is altered while providing the opportunity for a range of housing types
in all portions of the City of Fort Collins.
Chair Clements asked about the concern for schools and overcrowding and future busing?
Mr.Shepard said he couldn't address the specific school policies,but the school district has had
a copy of the Arapahoe Farm and the Mountain Ridge Master Plan since 1987. Since that time,
there has been a reduction in density, a reduction in the units shown on the master plan. It is
his understanding that the Johnson school is undergoing expansion but can't explain the policy
of the School District as to which children get bused. He noticed an article by Carol Agee who
does the demographic projections for the School District and Mr. Agee is projecting a rather
even growth rate in terms of kindergarten classes coming up. New schools are planned and
built which causes a redistribution of boundary areas. The School District plans for what they
foresee to be the growth in each area of Fort Collins. When they planned for the Johnson
School, they were very concerned that they have a three-track school and they not exceed 575
students--we are starting to see a change in that philosophy with the school expansions. The
School District has always been in the throes of boundary adjustments, bringing new schools
on line and redistributing the school population so as not to have overcrowding.
Chair Clements stated that is what planners and board members have to base decisions on.When
• the School District says yes we can accommodate this housing type with the potential families
moving into this area and it can be accommodated, we have to go on what they say.
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Mr. Shepard said yes.
Chair Clements asked about the asphalt shingle vs. wood shake shingle and is still a concern.
Please address the process of working out this issue and Poudre Fire Authority has concerns
about wood shake shingles.
Mr. Shepard said the Poudre Fire Authority took to their Board a resolution requesting an
action trying to discourage wood shake shingle roofs because of fire hazard. At this point, it
is merely a resolution, it is not an ordinance or fire code. The comments from the Fire
Marshall is that they not be cedar shake.
Mr. Ward presented the background information for not using cedar shakes. The Poudre Fire
Authority states that cedar shakes are a non-renewable resource, and that there are additional
issues with cost and compatibility. He referred to the LDGS states that similar materials does
not mean identical materials, similar housing scale does not mean identical housing scale, we
don't have to be totally homogenized to be compatible. He showed slide examples of single-
family with wood shingles and townhomes with asphalt shingles in the Landings. The
difference is subtle and if the colors are sensitively chosen there is similarity. The project will
use an upgraded shingle with a shadow line. He noted the buffer between the two projects
(Harmony Cove Condos and Creekside at the Landings Single Family) is substantially smaller
than his proposal as an example. Their maximum is 55 feet which in his project is the
minimum distance. He believed the buffering has been well thought out. He showed an
• example from Paragon Point and is the exact material that will be used in the project. He made
a report regarding the brick and felt he has addressed the material compatibility issue.
Chair Clements said perhaps the berming changed from the preliminary from the last plan they
had seen?
Mr.Shepard said the berms have increased in length and reduced in number with the net effect
there is more berming. He supported this view with slides of the landscape plan.
Mr. Ward explained in detail of the berming. He believed the berming had not been reduced.
The grading plan has reshaped some of the berms for positive drainage, there is another
meeting with the engineer to go over final plans. The change in the parking lot will pick up
more land.
Chair Clements asked for comments on the trash problem and the neighbor's assurance that the
construction trash will not be in their backyards.
Mr. Ward said a dumpster with a lid will be provided by the builder at each building site and
a laborer is assigned at each area to put trash and debris there with policing of the area. The
topic of a fence has come up and any debris that blows over the fence will not be picked up by
his laborer. The builders suggestion was to proceed with this plan as stated and if there are
complaints that this is not effective,a fence can be temporarily be erected along the areas that
don't have fences.
Member Klataske asked about the vacation of the easement for the Hilburn Ct. Has the
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developer addressed that at all as far as the landscaping, fencing, sidewalk?
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Mr. Ward said there was a meeting 5 weeks ago at the site with city staff members and, prior
to that, there had been proposed 3 or 4 alternative solutions. These included retaining the hard
surface with a basketball court, to proposing that this deadend street be retained. There are
issues with the erosion and temporary barricade at the end of the street. This area needs a
more permanent solution at the end of the street with more of permanent retaining wall and
some landscaping. Other optons include vacation of the street and perhaps a home being built
there. The City Attorney and City Engineering offices state that vacation and demolition is
the standard and this is what the City wants the Developer to do. The builder wanted to avoid
costs of demolishing the street; and if the neighbors do want it, there are responsibilities in
maintaining it. The developer accepts the City's proposed solution, leaving the sidewalk in
place and making grading changes.
Member Fontane asked about building heights in comparison from the project to the existing
neighborhood.
Mr. Ward said there are three building types with the same maximum height of 26 feet above
the finished floor level of the house. The 28-foot number comes from the finished floor level
to finished grade outside the building. Typically there is a higher number placed on the plans
because of the topography. The FHA grading plan designates finished floor elevations on the
lots, that is not the case with the grading plans that are filed with the City. Therefore, for
Regency Park I and II filings we were not able to get the elevation differences. It appears that
in the field seem to have a floor elevation of 5117.5 feet to 5121 feet for existing structures.
• Mr. Shepard commented to the Board to consider what Mr. Gottschalk referred to in his
discussion, regarding clarification, and that he would be able to do so.
Mr. Gottschalk said he only requests normal considerations for this project. Some of the
concerns about the deadend at Hilburn Court. Negotiations have not occurred between the
developer and the residents now that we want to split the property. Thursday night is the first
night it was discussed and warrants more final detail and approval. We do think there should
be a negotiation. Without the direction of the Planning and Zoning Board directly to the
developer to make condition requirements, he believed the negotiations would fall through.
He requested a delay because the vacation would occur in the second phase and some projects
never get that far into the development. He didn't want to go through the same process or over
the same issue with another application and developer.
Chair Clements directed staff to address the Hilburn Ct.concern,what phase it will occur, who
will be involve and the effect?
Mr. Ward said it was his understanding that it would occur in Phase I. This was the City's final
position. The grading would be matched to the existing and approved grades at the corners of
the property and the City standard slopes which means no steeper than a 4:1 slope and not
steeper than 15:1 for the sidewalk ramp. The only thing to work out he guessed is whether or
not it is appropriate to saddle this developer with any additional landscaping or irrigation
requirements on the adjacent lots. He believed that was not appropriate.
Mr.Shepard said that was correct. The process had been outlined and the vision was to replace
the proper grading and fill dirt to the east and re-seeding for erosion control. It was beyond•
the ability of the City to ask for irrigation systems. There was a discrepancy with Phase I and
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what has been shown on one of the drafts of the utility plans in which the consulting engineer
called for the removal to be done in Phase II. There is that discrepancy. The Board has the
ability to specify the physical removal of the Hilburn project be done with Phase I and be done
to code. If more details are needed, Mike Herzig can answer questions and is coordinating the
project. The preference is to have the work done rather than replacement value.
Member Fontane asked a landscaping question along the east could be in Phase I, when is that
to happen?
Mr. Ward said that Phase I is to occur around the horseshoe street in the center of the project
and then other phases around that. The materials to berm are generated from the excavation
of buildings on the site. The developer has proposed to put money in escrow for all of this
landscape buffer with Phase I and install it with Phase II, there will be some disruption with
the landscaping in Phase III. That is the proposal and staff has found it acceptable for the
hauling of ground and extra costs.
Member Strom asked if the escrow was with the City.
Mr. Ward said yes, it would be a condition of the development agreement.
Member Cottier with Phase II, the four buildings on the north, that is when you will landscape
the entire eastern boundary?
• Mr. Ward said yes.
Member Cottier asked what length of time was anticipated between Phase I and II?
Mr.Ward said the developer hopes within a year under the current market conditions. The idea
is to continue with each phase after one is completed. Something can cause the schedule to
change, but his plan is for continual building.
Member Cottier said after excavating Phase I basements, you would just be making piles of dirt
along the eastern boundary until completed?
Mr. Ward said the berms would be started. He explained grading and the difficulty in putting
the landscaping before the buildings and additional utility hookups.
Member Fontane asked for the criteria for phasing? Why not go from the east to the west?
Mr. Ward said the west is where the utility connections come in. Utilities for the site are
located at the circle street, (water and sewer) and typically it makes sense to phase the project
based on sequential extensions of underground utilities. This is the phasing schedule the
developer has chosen. The realignment of Harmony Road will happen in the third phase, but
not Phase I.
Member Strom moved to approve the Arapahoe Farm Townhouses with three conditions and
• specify along with that the landscaping, phasing and escrow accounting included in the
development agreement, and that Hilburn Ct. project be completed in Phase I.
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Member Walker seconded the motion. He mentioned that the biggest issue is compatibility. In
his judgment through the use of landscaping and treatment of the eastern boundary, the
requirements have been satisfied and the issues of Hilburn Ct. will be resolved.
Member Strom stated that part of the justification of his motion the three points made in the
staff report that the PUD is in substantial conformance with the Preliminary and the six
conditions of preliminary approval were satisfied. The All Development Criteria of the LDGS
are satisfied as well.
Member Walker further commented that ODP directs mixed uses and in his judgment this
project with the element of adding different types of housing is one of the objectives the City
land use policy encourages. He believed this meets this City policy of providing a mix of
housing opportunities.
Chair Clements said she would be supporting the motion. She responded to an earlier citizen
comment that citizens do not want to attend Planning and Zoning Board meetings because it
is a waste of time. She did not agree with that. Everything is heard. We compliment this
neighborhood group and Mr. Gottschalk for early involvement that many of the changes were
made for the better. It does make a difference to be involved. This project is among others
that have set precedence but it did go further with working with the neighborhood early and
researching materials, reducing the size of buildings, trading off landscaping items. The
project will work well and commend the neighbors for being involved early.
• Motion carried 6-0.
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