HomeMy WebLinkAboutWATERFIELD ODP - ODP130002 - SUBMITTAL DOCUMENTS - ROUND 2 - MODIFICATION REQUESTWaterfield
Modification Request —APF
September 11, 2013
Page 7 of 7
We believe the relatively small impact that this project will have on the Lemay/Vine level
of service is more than offset by the project's participation in the implementation of the
design solution (construction of realigned Vine Drive) that will ultimately raise the level
of service.
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 ■ Fort Collins, CO 80521 ■ tel. 970.224.5828 ■ fax 970.224.1662 ■
www.ripleydesigninc.com
Waterfield
Modification Request —APF
September 11, 2013
Page 6 of 7
completed to allow development to proceed;" and (ii) "Adequate public facilities will
continue to be an issue until the grade -separated crossings (GSC) are constructed in
the long-term. Due to the cost and financing of the GSCs, several projects were
identified that can be constructed in the short- and medium -term to address APF
issues, delay the need for GSCs, and allow development to move forward."
"Staff has developed a sequence below for the timing of implementing these large
capital improvement projects (in order of importance) ... "The highest priority project is
the realignment of Vine Drive from College Avenue to Lemay Avenue. The Plan states
that "implementation of this project is important to reduce traffic volumes at the existing
Vine/Lemay intersection and provide additional street and intersection capacity to and
from the Mountain Vista Subarea. If constructed, this project would delay the need to
implement the future grade separated crossing at Vine/Lemay for several years."
The next most important capital project to the alleviation of APF issues in the
Plan area is the realignment of Vine Drive from Lemay Avenue to Timberline
Road. Regarding this improvement, the Plan states on page 54:
Construction of the extension of the Vine Drive realignment between Lemay and
Timberline would allow additional development to comply with APF requirements
in the Mountain Vista subarea. Over time, the Timberline and existing Vine
intersection will become more congested. This project would have the same
benefits of reduced volumes at the existing intersection and creating new street
and intersection capacity. As mentioned previously, if this segment of realigned
Vine Drive is constructed, it would further delay the need to implement the grade
separated crossing at Vine Drive/Timberline Road intersection.
The Waterfield Project will include the dedication and construction of 2700-lineal feet of
the realigned Vine Drive. This would "substantially alleviate an existing, defined and
described problem of city-wide concern" and "result in a substantial benefit to the City by
reason of the fact that the proposed project would substantially address an important
community need specifically and expressly defined and described in the City's
Comprehensive Plan " .
It is also important to note that the substantial benefit to the City of having a segment of
this critical road realignment constructed comes with a significant price to the owner.
The realignment will require the dedication of (7 acres) of right-of-way from the
development property and the creation of buffer areas along the road. The construction
of the realigned Vine Drive will be financed by the developer and the local street portion
which accounts for over one half of the cost will be 100% funded by the developer. So
there is a burden associated with both the loss of property and the cost for constructing
a street that is not needed for the proposed development and does not add value to the
project.
Thinking outside of the box for over two decades.
401 W..Mountain Ave., Suite 100 ■ Fort Collins, CO 80521 ■ tel. 970.224.5828 ■ fax 970.224.1662 ■
www.ripleydesigninc.com
Waterfield
Modification Request —APF
September 11.2013
Page 5 of 7
come to a halt if the overpass and New Vine Drive need to be completed as a condition
of development. This is a result that is worse than allowing those developers who
contribute to the solution to proceed, e.g. construction of a portion of New Vine Drive.
We believe that approving a project that participates in part of the design solution
(dedication and construction of 2700 lineal feet of New Vine) is "better than" not
approving the Modification and requiring the City to purchase the right-of-way for New
Vine and fund the total cost of constructing New Vine.
(2) the granting of a modification, from the strict application of any standard would, without
impairing the intent and purpose of this Land Use Code, substantially alleviate an existing,
defined and described problem of city-wide concern or would result in a substantial benefit to
the city by reason of the fact that the proposed project would substantially address an important
community need specifically and expressly defined and described in the city's Comprehensive
Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict
application ofsuch a standard would render the project practically infeasible;
In order to solve transportation issues related to adequate public facilities in the
northeast, the City has envisioned the realignment of Vine Drive to the north and the
construction of two grade separated crossings that would take Lemay Avenue and
Timberline Road over the existing railroad tracks which run parallel to Vine Drive.
According.to the City's 2009 update to the Mountain Vista Subarea Plan (the "Plan"),
"The City's Engineering Department estimated the construction of realigned Vine
Drive would delay the need for the Timberline and Lemay grade -separated
crossings. The Vine Drive realignment separates the street intersection from the
railroad crossing. In the short-term this would allow additional capacity at both the
intersection and crossing. Due to the unresolved funding issues, this option should
be a priority as property develops and dedicates right-of-way for the extension of
realigned Vine Drive." (Plan, page 41)(emphasis added). The City's Master Street
Plan was changed to reflect the conceptual alignment of New Vine and the overpasses.
In the Plan, the City defined its vision for the Plan area to "be an integral part of Fort
Collins, functioning as an extension of the greater community as new growth takes
form." (Plan, page 25) The City also defined and described the adequate public
facilities problems that are impediments to growth and development as envisioned,in
the Plan:
The adequate public facilities (APF) regulation ensures development
provides the necessary infrastructure and services to mitigate any impact.
There is presently limited ability to develop land in the subarea due to lack
of APF. This is largely due to constraints surrounding the Lemay
Avenue/existing Vine Drive and Timberline Road/existing Vine Drive
intersections. (Plan, page 54)
The Plan reflects that the Staff determined that a number of capital projects would be
required to alleviate the APF issues, but concluded that: (i) "only a handful must be
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 ■ Fort Collins, CO 80521 ■ tel. 970.224.5828 ■ fax 970.224.1662 ■
www.ripleydesigninc.com
Waterfield
Modification Request —APF
September 11, 2013
Page 4 of 7
It is estimated (see attached Draft TIS) that 61 am peak hour trips and 79 pm peak hour
trips will go through the Lemay/Vine intersection. The Lemay/Vine intersection is
currently at Level of Service F.
The result is that no additional trips can be added to the intersection without a
Modification to the Adequate Public Facility and Level of Service standards
outlined at the beginning of this Request.
Since building the New Vine Drive is a pre -requisite for the ultimate overpass design
solution, it would seem counter -productive to halt development that helps get the New
Vine Drive constructed. The 79 vehicles added to the intersection during the peak hour
represents approximately a 3% increase in volume. We believe the relatively small
impact that this project will have on the Lemay/Vine LOS is more than offset by the
project's participation in the implementation of the design solution (construction of New
Vine) that will ultimately raise the LOS.
Justifications
The Land Use Code .states that the decision -maker may grant a modification of standards only if
it finds that the granting of the modification would not be detrimental to the public good; and the
decision -maker must also find that the Modification meets one of the, following four criteria
described in the LUC.
Granting of the Modification would not be detrimental to the public good, because
granting the Modification allows the Waterfield project to move forward which will result
in 2700 lineal feet of New Vine Drive being dedicated and constructed. Once New Vine
Drive is completed from Timberline to Lemay, the proposed overpasses envisioned by
the Master Street Plan can be designed, funded and ultimately constructed. Without
New Vine in place, the overpasses cannot become a reality. The overpasses are the
key to alleviating traffic congestion, eliminating train interference and elevating the LOS
at both Lemay/Vine and at Timberline/Vine.
(1) the plan as submitted will promote the general purpose of the standard for which the
modification is requested equally well or better than would a plan which complies with the
standard for which a modification is requested;
No developer, or combination of developers, is able to personally fund the multi -million
dollar over pass that would be a better plan for the City. Therefore, all potential
development of property which could contribute to construction of New Vine Drive will
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 ■ Fort Collins, CO 80521 ■ tel. 970.224.5828 ■ fax 970.224.1662 ■
www.ripleydesigninc.com
Waterfield
Modification Request —APF "
September 11, 2013
Page 3 of 7
problems. The overpasses make it possible to alleviate traffic congestion related to the
constrained intersections as well as, traffic congestion caused by periodic train
interference.
In order for these two multi -million dollar projects to be possible in the future, Vine Drive
needed to shift to the north approximately 1000 feet. The effect of this shift, which
essentially bisects the Waterfield property, has created significant hardship for the
owner/developer of the Waterfield site:
• The New Vine Drive, a four -lane arterial street with a 115-foot right-of-way, now
goes through the middle of the development plan. The new street adds
additional cost burden without adding value to the project. Typically, four -lane
arterials are section line roads that are located on the edge of the property where
the developers are sometimes asked to dedicate some additional right-of-way in
order to widen the arterials to existing standards: In the case of New Vine,
however, this developer will be required to dedicate the full 115 feet of right-of-
way. Estimated land value $ 378,000.00.
• The cost of financing and constructing the local street portion of New Vine Drive
is especially onerous, given that the new arterial street is not needed for the
proposed development and does not add value to the project. Estimated cost
$577,400.00.
• Most of the existing Merganser Drive will need to be removed and re -constructed
further to the west so that it intersects with New Vine Drive at 90 degrees and is
located far enough away from Timberline Road to allow full movement access to
the proposed residential project north and south of New Vine Drive. Estimated
cost $ 438,000.00.
• The developer will need to provide buffer distances and landscaping between the
new arterial street and proposed residential development. Estimated cost $
100,000.00.
• The New Vine Drive separates the school site from the park site. The 10-acre
school site is now situated along a 4-lane arterial, which the school district finds
unacceptable. The developer must now re -negotiate with the school district to
convince them to trade for another site.
• The park site was reduced requiring the developer to dedicate additional property
to the City Parks Department to make the proposed neighborhood park feasible.
Despite these hardships, the current developer would like to work with the City to
achieve a plan that meets everyone's objectives. The plan they are proposing provides
a variety of housing types consistent with City Plan objectives and re-creates the
original vision of having a park and school site near a natural area that can be enjoyed
by the neighborhood and community. The 191 proposed dwelling units result in a net
density of 4.02 dwelling units per acre, narrowly achieving the 4.0 dwelling unit per acre
minimum density allowed in the LMN District.
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 a Fort Collins, CO 80521 ■ tel. 970.224.5828 a fax 970.224.1662 ■
www.ripleydesigninc.com
Waterfield
Modification Request —APF
September 11, 2013
Page 2 of 7
(1) Transportation.
I
(b) All development shall meet or exceed the transportation level of services standards contained
in Part 11 of the City of Fort Collins Multi -modal Transportation Level of Service Manual for the
,following modes of travel: motor vehicle, bicycle and pedestrian. The Transit LOS standards
contained in Part II of the Multi -modal Transportation Manual will not be applied for the
purposes of this Section.
(E)Minimum Requirements forAdequate Public Facilities.
(1) The city's APF management system shall ensure that public facilities and services to support
development are available concurrently with the impacts of development. In this regard, the
following standards shall be used to determine whether a development meets or exceeds the
minimum requirements for adequate public facilities:
(a) For transportation.facilities, at a minimum, the city shall require that, at the time of issuance
of any Building Permit issued pursuant to a site specific development plan, all necessary
facilities and services, as described in Section (D)(1) above, are either:
1. in place and available to serve the new development in accordance with the development
agreement, or
2., funding for .such improvements has been appropriated by the city or provided by the developer
in the form of either cash, nonexpiring letter of credit, or escrow in a,form acceptable to the city.
Reason for the Request
Background
The Waterfield development was initially planned in 1997. The Project Development
Plan included a variety of housing types, a school site, a park site, a neighborhood
center and a natural area around the wetland. While the vesting for the 1997 Project
Development Plan has lapsed, many decisions regarding future development of the
property have been made and have been relied upon by the owners. The 176-unit multi-
family project known as Bull Run has been developed; Merganser Drive and storm
water facilities have been constructed. A school site, a park site, and future street
right-of-ways were dedicated in anticipation of developing the rest of the residential
community in accordance with the plan.
The Master Street Plan has been revised in a way that dramatically affected the future
development potential of the Waterfield project site. In order to solve transportation
issues related to two existing constrained intersections (LemayNine and
TimberlineNine), the City has envisioned two overpasses that would take Lemay and
Timberline over the existing Vine Drive and over the railroad tracks solving two
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 ■ Fort Collins, CO 80521 ■ tel. 970.224.5828 ■ fax 970.224.1662 ■
www.ripleydesigninc.com
land planning ■ landscape architecture ■ urban design ■ entitlement
September 11, 2013
Modification Request
ARTICLE 3: GENERAL DEVELOPMENT STANDARDS
DIVISION 3.6 TRANSPORTATION AND CIRCULATION
3.6.4 Transportation Level of Service Requirements
(A) Purpose. In order to ensure that the transportation needs of a proposed development can be
safely accommodated by the existing transportation system, or that appropriate mitigation of
impacts will be provided by the development, the project shall demonstrate that all adopted
Level of Service (LOS) standards will be achieved for all modes of transportation.
(B) General Standard. All development plans shall adequately provide vehicular, pedestrian and
bicycle facilities necessary to maintain the adopted transportation Level of Service standards
contained in Part 11 of the City of Fort Collins Multi -modal Transportation Level of Service
Manual,for the following modes of travel: motor vehicle, bicycle and pedestrian. The Transit
LOS standards contained in Part H of the Multi -modal Transportation Manual will not be
applied for the purposes of this Section.
DIVISION 3.7 COMPACT URBAN GROWTH STANDARDS
3.7.3 Adequate Public Facilities
(C) APF Management System.
(2) General Requirements. The approval of all development shall be conditioned upon the
provision of adequate public_facilities and services necessary to serve new development. No
Building Permit shall be issued unless such public.facilitie.s and services are in place or the
commitments described in paragraph (E) below have been made. Under this APF management
system, the following is required:
(b) No site specific development plan or Building Permit shall be approved or issued in a
manner that will result in a reduction in the levels of service below the adopted level of service
standards for the affected facility.
(D) Level of Service Standards. For the purpose of review and approval of new development
and the issuance of Building Permits, the city hereby adopts the following level of service
standards for the public.facilities and services identified below:
Thinking outside of the box for over two decades.
401 W. Mountain Ave., Suite 100 ■ Fort Collins, CO 80521 ■ tel. 970.224.5828 ■ fax 970.224.1662 ■
www.ripleydesigninc.com