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HomeMy WebLinkAboutPARK SOUTH PUD, 3RD REPLAT - PRELIMINARY & FINAL - 46-88G - SUBMITTAL DOCUMENTS - ROUND 1 - VARIANCE REQUESTMARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW ARTHUR E. MARCH, JR. 110 EAST OAK STREET RAMSEY D. MYATT FORT COLLINS. COLORADO 80524-2880 ROBERT W. BRANDES, JR. RICHARD S. GAST (970) 482-4.322 LUCIA A. LILEY TELECOPIER (970) 482-3038 J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS January 8, 1997 Planning and Zoning Board City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80521 ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO SOS22-0469 HAND DELIVERED Re: Park South P.U.D. Third Replat, Preliminary and Final Request for Solar Orientation Variance Dear Planning and Zoning Board Members: This firm represents Horsetooth, Limited, Marc Middel and Middel Enterprises, Inc. ("Middel"), the owners and developers of Park South P.U.D. Third Replat (the "Third Replat"), and makes this application for a variance on their behalf. The Third Replat is the only undeveloped portion of the 34.3- acre Park South Amended Overall Development Plan (the "ODP"). Since the ODP's approval in 1991, Middel has obtained City approval for and built the three initial phases of the ODP: (i) Four Seasons 7th Filing - 9 single family homes; (ii) Park South P.U.D. First Replat - 23 single family homes; and (iii) Park South P.U.D. Second Replat - 91 single family homes. Of these three phases, only the Second Replat was subject to the solar orientation criteria and, complied by having 68a, or 61 lots, solar -oriented. The remaining undeveloped portion of the ODP, now known as the Third Replat, consists of 3 acres approved for residential use, and an additional 10.3 acres which was designated as commercial/office or commercial/duplex until the City Council approved an amendment to the ODP that changed the use to residential on November 12, 1996. Important factors in the Council's decision to approve the land use change were the in -fill location, the proximity to various mixed -use development, the City's goals for higher residential density, and the affordability of the homes to be constructed by Middel. Planning and Zoning Board January 8, 1997 Page 2 The Third Replat consists of 73 single-family lots, 21 of which or 29%, conform to the definition of a "solar -oriented lot" under All Development Criteria A-1.1 of the Land Development Guidance System ("LDGS"). The Second and Third Replats, when considered together, have 82 solar -oriented lots - 50% of the total number of lots in Park South that come under the solar orientation requirements. Pursuant to LDGS §29-526(K), we request that the Third Replat be granted a variance from the strict application of Criteria A-1.1, which would require that 65% of the lots be solar - oriented. As the final phase of an in -fill development, the design of the Third Replat has been largely influenced by the following factors. The site is small (13.3 gross acres) and surrounded on all sides by existing development or streets. The two points of access (Haven Drive from Manhattan Avenue on the east and Rockaway Street on the southwest) have already been fixed by the existing development. Haven Drive must align with the Carmike 10 entrance on the west side of Manhattan Avenue and Rockaway Street is built to a dead end at the boundary of this site. The tie-in points for water and sewer were set when the utility mains were installed. Pedestrian/bicycle access from the Third Replat to sidewalks, bikepaths and transit routes on Horsetooth Avenue has been given priority consideration in the design because of the large amount of mixed -use available in the near vicinity. With all of these severe site -planning constraints, it is virtually impossible to achieve a design for the Third Replat that complies with the City's mandatory street design standard requiring a 200 foot offset between nonaligning streets, and has 65% solar - oriented lots. The result would be an awkward internal street layout and the loss of an estimated thirteen lots, with the majority of the remaining lots being narrow and very deep. Pedestrian/bicycle connections to Horsetooth Avenue would also be limited. Such inefficient use of land is contrary to the City's goals for sensible planning, maximum utilization of land and higher density residential in -fill projects. The elimination of 18% of the lots in such a small development to comply with a strict application of the solar criteria would also result in economic hardship to the developer. It is also likely that the price of the homes would increase, making them less affordable for families at low to moderate income levels. Although the Third Replat is not a qualified affordable housing project, it will help satisfy a community need for more moderately priced housing. •Or • Planning and Zoning Board January 8, 1997 Page 3 It is Middel's opinion that the Third Replat as presented to the Board is better than any alternate design which would comply with the strict application of the solar orientation criteria for all of the reasons cited above, and requests therefore that a variance from the requirements of All Development Criteria A-1.1 be granted. Sincerely, LAL/jpk pc: Horsetooth, Limited