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Home My WebLink AboutPARTIAL ABANDONMENT OF TIMBER CREEK & STETSON CREEK OVERALL DEVELOPMENT PLAN - 16-89J - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 5 MEETING DATE 8 20 98 STAFF Steve Olt Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Partial Abandonment of the Timber Creek & Stetson Creek Overall Development Plan, #16-89J APPLICANT: The Writer Corporation c/o Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, CO. 80525 OWNER: Hartford Homes 344 East Foothills Parkway, Suite 12 Fort Collins, CO. 80525 PROJECT DESCRIPTION: This is a request for the partial abandonment of the Timber Creek & Stetson Creek Overall Development Plan (ODP). There are three remaining undeveloped parcels of land within the ODP -- a portion of Parcel C, Parcel F, and Parcel G. This request concerns Parcel F and a portion of Parcel C. Parcel F is approximately 7.4 acres in size and the portion of Parcel C to be abandoned is approximately 6.0 acres in size. The total area to be abandoned is 13.4 acres. Both parcels are located at the northeast corner of Timberline Road and Stetson Creek Drive. The property is in the LMN - Low Density Mixed Use Neighborhood Zoning District. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The Timber Creek & Stetson Creek ODP remains valid based on the amount of development that occurred prior to the adoption of the Land Use Code (LUC). Section 3 of Ordinance No. 161, 1997 allows for the continuing ability to file preliminary and final Planned Unit Development (PUD) plans, according to the provisions of the Land Development Guidance System (LDGS). On June 15, 1998, a Project Development Plan (PDP) was submitted for Parcel F and a portion of Parcel C and is being reviewed in accordance with the Land Use Code (LUC). The PDP is a request for 102 townhomes (each with 2 bedrooms) on 13.4 acres. This use is not consistent with the low density residential designation for the 6.0 acre portion of Parcel C on the ODP and, therefore, it is necessary to abandon a portion of the ODP in order to continue with the submittal under the LUC. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT • E Partial Abandonment of the Timber Creek and Stetson Creek Overall Development Plan, #16-89J August 20, 1998 P & Z Meeting Page 2 The request for the partial abandonment of Parcel F and a portion of Parcel C of the Timber Creek & Stetson Creek ODP complies with Section 2.1.4(C) of the LUC. The purpose of the partial abandonment is to allow the PDP submitted on Parcel F (7.4 acres)and a portion of Parcel C (6.0 acres) to be reviewed according to the LUC and for development to occur at a higher density. The remaining 33 acres in Parcel C(as identified on the ODP) are not included in this request for partial abandonment and will remain as part of the valid Timber Creek & Stetson Creek ODP. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: RL; existing single family residential (Timber Creek PUD, First Filing) S: RL; existing single family residential (Stetson Creek PUD, First & Second Filings) E: LMN; planned but undeveloped single family residential (Stetson Creek PUD, Fourth Filing) W: LMN; multi -family residential under construction (Willow Springs North PUD) This property was annexed into the City as part of the South Harmony Annexation in February, 1986. An ODP for this area was approved by the Planning and Zoning Board in November, 1993 and is known as the Timber Creek & Stetson Creek ODP. It includes 134 acres with a mix of residential densities located on 7 parcels identified for low density residential and duplex, patio homes, or townhomes. Parcels C, F, and G are the only 3 remaining undeveloped parcels. Parcel C is identified on the ODP as low density residential on 39.0 acres. The request for townhomes on a portion of Parcel C, at a gross density of 7.61 dwelling units per acre, is not consistent with the low density residential designation as shown on the ODP. A portion of this parcel is part of this partial abandonment request. A majority of Parcel C has been included in development review requests for previous filings of the Stetson Creek PUD, specifically: - Stetson Creek PUD, First Filing (Final) - approved by the Planning and Zoning Board in January, 1994 for 50 single family lots on 16.99 acres (for a gross residential density of 2.94 dwelling units per acre). This filing is located east of Timberline Road, south of Stetson Creek Drive, and is the southerly Y2 of Parcel C. It is almost entirely built out. • • Partial Abandonment of the Timber Creek and Stetson Creek Overall Development Plan, #16-89J August 20, 1998 P & Z Meeting Page 3 - Stetson Creek PUD, Fourth Filing (Preliminary) - approved by the Planning and Zoning Board in March, 1996 for 56 single family lots on 16.09 acres (for a gross residential density of 3.48 dwelling units per acre). This filing is located east of Timberline Road, north of Stetson Creek Drive, north of the First Filing, and is most of the northerly % of Parcel C. No final PUD plan has submitted for this filing. Parcel F is identified on the ODP as duplex, patio homes, or townhomes on 7.4 acres. There has been no previous use -specific development review request for this parcel, which is part of this partial abandonment request. 2. Land Use Code Requirements for Abandonment: The criteria for abandonment is found in Sections 2.1.4(C)(1)&(2) Criteria of the LUC, which states: (a) The application shall not be approved if, in so approving, any portion of the property remains developed or to be developed in accordance with the previously approved development plan and, because of the abandonment such remaining parcel of property would no longer qualify for development approval pursuant to either the standards and requirements of the most current version of this Land Use Code or, if such remaining parcel of property was not reviewed and approved under this Land Use Code, then, to the maximum extent feasible, the Transitional Land Use Regulations dated August 1997, on file in the office of the City Clerk. (b) The application shall not be approved if, in so approving, the City's rights of ownership of, or practical ability to utilize, any previously dedicated street, easement, right-of-way or other public area or public property would be denied or diminished to the detriment of the public good. 3. Evaluation of the Request: A. Effect on Remaining Land There are only three undeveloped parcels of land in the Timber Creek & Stetson Creek ODP -- Parcels F, G, and a portion of C -- and Parcel G is not included in this request for partial abandonment. The abandonment of Parcel F and a portion of Parcel C of the ODP does not prevent the undeveloped portion of the remainder of Parcel C from qualifying for review/approval from either the LDGS or the LUC, if the proposed land use is in conformance with the ODP. • • Partial Abandonment of the Timber Creek and Stetson Creek Overall Development Plan, #16-89J August 20, 1998 P & Z Meeting Page 4 Presently, Parcels C and F are zoned LMN - Low Density Mixed Use Neighborhood, and the abandonment of these parcels does not affect the ability for the undeveloped portion of the remainder of Parcel C to be developed according to the regulations of the LMN Zoning District. The required gross residential density of a minimum of 3 dwelling units per acre as set forth in the LDGS and the cumulative projected density of 3 - 4 dwelling units per acre on the approved Timber Creek & Stetson Creek ODP may be met whether Parcel F and the subject portion of Parcel C are or are not included in the ODP. B. Use of Dedicated Land and Public Improvements Parcel F of the Timber Creek & Stetson Creek ODP is an undeveloped parcel which has not received preliminary or final plan approval. The subject portion of Parcel C is an undeveloped parcel which received preliminary PUD approval from the Planning and Zoning Board in March, 1996. The approval of an ODP or preliminary PUD plan does not necessarily accomplish dedications, nor can the abandonment of an ODP legally impact previously dedicated street, easement, right-of-way or other public properties. Therefore, the partial abandonment of the Timber Creek & Stetson Creek ODP does not deny, diminish, or in any way affect the City's right of ownership or practical ability to utilize any previously dedicated street, easement, right-of-way, of other public area or public property. FINDING OF FACT/CONCLUSION: The request for the Partial Abandonment of the Timber Creek & Stetson Creek Overall Development Plan complies with the criteria as set forth in Section 2.1.4(C) of the Land Use Code. RECOMMENDATION: Staff recommends approval of the Partial Abandonment of the Timber Creek & Stetson Creek Overall Development Plan, #16-89J. No Text it i OF THE- AV-EECTED PROYERfES- - - - - -GV1Tf�FUTURE�E�EL-OPMENT PLANS. ( ZO EP �'a�` ---_ ��'► — / /EMPLp MENT PARK-/ PIOU R E- VA [LEY HOSPITAL A"N-T-j i J / , ^— _' / SHARED ONE: EP f / �'1 �- PARKING I EMPLOYMENT PARK / / /�(�. HIGH Till SC OL SH. '/ �I J PAI 1 � /PARCEL / ; / FUTURE / / l T RY PARCE(L / ` 00 \\� 22.2 GR0�SZ 5 ACRES± l / / LOW D NSiTY RESIDENTIAL l / 25.5�GROSS ACRE, ± 1 / _ i LOCAL/CONNECTOR LOW DENSITY ROC CREEK t TR T RESIDENTIAII _ (30 mph IRCLETH THROUGH LOCAL ,: t /7JESIGN SPEED) / FUTURE STREET— I i BIKE/PEDESTRIAN (3;f-mph / 1 do VISUAL CONNECTI6N NEIGHBORHOOD �a DESIGN SPEE� ; \ TO SCHOOL/PAR / PARK i f _ -PRIMARY— �-- PEDESTRIAN CIRCULATION ` J TYP. \ LOCAL/ CONNECTOR STREET (35` TO 40 mph DESIGN SPEED) * DkSHED L R6 ILLUSTRATING —� / 7 '�OTENTIAL�TREET EXTENSIONS . Ot�j -- ARE C CEPTUAL IN NATURE. ALTERlNATIVE STREELALIGN D TS -_ _'L,�! MIRY BE PROSED BY THE OWNERS CEL I `�``�� OF THE �F ECTED PROPERTIES WITH TURE DEVELOPMENT PLANS. / �`\ OSS ACRES± D64SITY / \ \ 1 % / SIDFNTIAL RUIFr\�\\V Roc CREEL CIRCLE PARCEL `Y I / (VAOANT) TH�tOUGH LOCAL (3i� ph DESIGN SPEED) j / ZONE: WIMER COUNTY) j�\��g�►S �"C FA-1 IPATED � 19.4 GRO S ACRES ± � NTION ` LOW/DENSITY (TYP.) - RESIDENTIAL i / i _i 0 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 5, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 5 BEARS SOUTH 00008'46" EAST A DISTANCE OF 2617.62 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE SOUTH 89044'30" EAST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY LINES OF TIMBER CREEK P.U.D. FIRST FILING, RECORDED AT RECEPTION NO. 95011529 IN THE LARIMER COUNTY CLERK AND RECORDER'S OFFICE THE FOLLOWING FIVE (5) COURSES: SOUTH 89044'30" EAST DISTANCE OF 851.63 FEET; THENCE NORTH 40006'19" EAST A DISTANCE OF 182.00 FEET; THENCE SOUTH 49053'41" EAST A DISTANCE OF 81.93 FEET; THENCE SOUTH 56057'27" EAST A DISTANCE OF 161.11 FEET; THENCE SOUTH 00010'23" EAST A DISTANCE OF 52.74 FEET; THENCE SOUTH 32017'53" WEST A DISTANCE OF 62.34 FEET; THENCE SOUTH 28000'27" EAST A DISTANCE OF 162.50 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 47029'59" AN ARC DISTANCE OF 177.83 FEET, A CHORD BEARING OF SOUTH 38014'32" WEST A DISTANCE OF 172.78 FEET TO A POINT OF TANGENT; THENCE SOUTH 14029'33" WEST A DISTANCE OF 165.00 FEET TO THE NORTHERLY LINE OF STETSON CREEK P.U.D., FIRST FILING, RECORDED AT RECEPTION NO. 94098090 IN THE LARIMER COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG THE NORTHERLY LINES OF SAID STETSON CREEK THE FOLLOWING TWENTYONE (21) COURSES: 1 . NORTH 75030'27" WEST A DISTANCE OF 52.50 FEET TO A POINT ON A CURVE; 2. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89059'33" AN ARC DISTANCE OF 23.56 FEET, A CHORD BEARING OF SOUTH 59029'46" WEST A DISTANCE OF 21.21 FEET TO A POINT OF TANGENT; 3. THENCE NORTH 75030'27" WEST A DISTANCE OF 183.66 FEET TO A POINT OF CURVE; 4. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 83032'14" AN ARC DISTANCE OF 21.87 FEET, A CHORD BEARING OF NORTH 33044-20" WEST A DISTANCE OF 19.98 FEET; 5. THENCE NORTH 78025'10" WEST A DISTANCE OF 54.18 FEET TO A POINT ON A CURVE; 6. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 82025'46" AN ARC DISTANCE OF 21.58 FEET, A CHORD BEARING OF SOUTH 56048'40" WEST A DISTANCE OF 19.77 FEET TO A POINT OF COMPOUND CURVE; 7. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 11 026'35" AN ARC DISTANCE OF 127.22 FEET, A CHORD BEARING OF NORTH 87041'45" WEST A DISTANCE OF 127.01 FEET TO A POINT OF TANGENT; S. THENCE SOUTH 86034'58" WEST A DISTANCE OF 81.01 FEET TO A POINT OF CURVE; 9. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 103046'54" AN ARC DISTANCE OF 27.17 FEET, A CHORD BEARING OF NORTH 41 031'35" WEST A DISTANCE OF 23.61 FEET; 10. THENCE SOUTH 86034'58" WEST A DISTANCE OF 56.36 FEET TO A POINT ON A CURVE; 11. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 103046'54" AN ARC DISTANCE OF 27.17 FEET, A CHORD BEARING OF SOUTH 34041'31" WEST A DISTANCE OF 23.61 FEET TO A POINT OF TANGENT; 12. THENCE SOUTH 86034'58" WEST A DISTANCE OF 84.96 FEET TO A POINT OF CURVE; 13. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 02023'14" AN ARC DISTANCE OF 24.29 FEET, A CHORD BEARING OF SOUTH 87046'35" WEST A DISTANCE OF 24.29 FEET TO A POINT OF COMPOUND CURVE; 14. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 06041'45" AN ARC DISTANCE OF 57.38 FEET, A CHORD BEARING OF NORTH 87040'55" WEST A DISTANCE OF 57.35 FEET TO A POINT OF TANGENT; 15. THENCE NORTH 84020'03" WEST A DISTANCE OF 42.10 FEET TO A POINT OF CURVE; 16. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 84010'21" AN ARC DISTANCE OF 22.04 FEET, A CHORD BEARING OF NORTH 42014'52" WEST A DISTANCE OF 20.11 FEET; 17. THENCE NORTH 89050'01" WEST A DISTANCE OF 54.00 FEET TO A POINT ON A CURVE; 18. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90001'51" AN ARC DISTANCE OF 23.57 FEET, A CHORD BEARING OF SOUTH 44050'27" WEST A DISTANCE OF 21.22 FEET TO A POINT OF TANGENT; 19. THENCE SOUTH 89051'22" WEST A DISTANCE OF 113.75 FEET TO A POINT OF CURVE 20. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 89059'33" AN ARC DISTANCE OF 23.56 FEET, A CHORD BEARING OF NORTH 45-08-51" WEST A DISTANCE OF 21.21 FEET; 21. THENCE SOUTH 89051'14" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00008'46" WEST A DISTANCE OF 474.34 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 583,566 SQUARE FEET OR 13.397 ACRES MORE OR LESS. E MEMORANDUM urban design, inc. 3555 stanford road, suite 105 fort collins, colorado 80525 (970) 226-4074 FAX (970) 226-4196 To: Fort Collins Planning and Zoning Board From: Terence Hoaglund, ASLA, Cityscape Urban Design, Inc. 74� Copy to: Darwin Horan, The Writer Corporation Date: May 27, 1998 Re: Partial Abandonment of the Stetson Creek / Timber Creek ODP This is a request to abandon 13.4± acres of the 133.9± acre Stetson Creek / Timber Creek Overall Development Plan (ODP). Under Ordinance 161, 1996, an ODP can no longer be amended. Therefore, an abandonment of a portion of the Stetson Creek / Timber Creek ODP is requested to pursue alternate development plans. The 13.4± acre parcel is located on the northeast corner of Timberline Road and Stetson Creek Drive (see attached plans). The parcel is zoned LMN - Low Density Mixed -Use Neighborhood, and the current ODP indicates this area for townhomes (7.4± acres) and single family (6.0± acres). Under the Fort Collins Land Use Code Article 2.1.3(E)(3)(a-b), two criteria must be met to qualify for ODP abandonment. The first criterion is that the abandonment may not have the effect of making the existing or pending development out of conformance with the L.U.C. The second criterion stipulates that the abandonment may not have the effect of denying or diminishing the City's rights of ownership or use of any previously dedicated street, easement, right-of-way or other property to the detriment of the public good. Neither of these situations exists in this case. Abandonment of a portion of the Stetson Creek / Timber Creek ODP will not in any way adversely affect any dedicated public rights -of -way, or other public rights of use of property. Abandonment is requested for Parcel "F" and the adjacent 6.0± acres of Parcel "C" approved for single family homes. At the time of the ODP approval, the preference of City Staff was to include higher numbers of multiple family housing to provide a wider range of housing opportunities. The purpose of this abandonment is to provide an opportunity to pursue a higher density townhome development occupying this area in compliance with the current Land Use Code. This request may be withdrawn or continued, contingent upon approval of the 13.4± acre proposed townhome development — The Townhomes at Stetson Creek. This development comprises 102 townhome units designed around a system of public streets and private alleys and includes a small neighborhood park. Townhomes are a permitted use in the LMN zone and the proposed project will be reviewed administratively, as a Type I use, to ensure full compliance with City Plan and the Land Use Code. G: KP000013522J522 ODP aban.doc